The majority of Belarusian students willing to receive a degree are facing a conundrum of where and how to undergo a master’s course. Initial is the dilemma either to opt for a domestic university or to give preference to a foreign educational establishment. Unfortunately, the choice is in many cases predetermined because of the existing lack of information about the educational opportunities abroad.
We bring to your attention an interview with Nasta Kurhanava, Belarusian State University International Relations Department graduate, who is now receiving Master of Law degree in Osgoode Hall Law School of York University, Toronto, Canada. She will touch upon some peculiarities of the Canadian system of law and the priorities of legal education, expose the essence and the structure of an LLM course. The reader will also get to know about the enrolment for the course, its duration and the requirements for receiving the degree.
“Praŭnik”: In what way are the Belarusian and Canadian systems of law different?
N.K.: Belarus, as well as most European countries, has adopted the so-called Civil Law System or Roman-German civil law. Codified laws constitute the basis of the system, while the function of a judge is limited to construing legislation. A different system is employed in the USA, Canada, Great Britain and some other countries, mostly former British dominions, namely Anglo-Saxon Common Law System. It is founded on judicial precedents, and a judge is primarily guided by previous decisions on similar actions.
“Praŭnik”: What does LLM stand for and where is it to be received?
N.K.: In Europe the holders of Anglo-Saxon LLM (Master of Law) degree are considered to be all-round specialists for LLM programs imply training in the sphere of common law.
It is common knowledge that the most prestigious LLM diplomas are granted in American schools of law. There are about 85 such programs in the USA, each providing education to 20 to 80 students. Extremely popular are the schools of law of Columbia University, Harvard University, Pennsylvania University, Cornell University, Wake Forest University etc. Canada rates second on the best higher education system list – after the USA.
“Praŭnik”: Why choose exactly Canada for an LLM course?
N.K.: There are lots of reasons for receiving higher education in Canada. Firstly, its university diplomas, both of Bachelors and Masters, are recognized all over the world. It is natural that among a hundred universities and university colleges several absolutely best ones are to be found, but with all this there are no backward higher educational establishments in Canada. It is problematic to stand out against such a favourable background, though a peculiar hierarchy does exist for Canadian universities as well. It is compiled by an authoritative periodical Maclean’s Weekly Magazine, which publishes university ratings twice a year.
“Praŭnik”: What is the duration and cost of an LLM program?
N.K.: The duration of such a program, hinging on a university, is from 9 to 12 months. It is usually 2 semesters of studying (September to April) and three more months for thesis preparation. Tuition fees vary from 10000 to 25000 US dollars – the more prestigious the university, the higher the program costs. Housing, nourishment, health insurance certificate, books and minor expenses do not belong to the above mentioned sum.
“Praŭnik”: Are there any grants available to cover tuition fees? How can one get to know about it?
N.K.: Considering the present economic situation, it is rather difficult to earn for a Master’s Degree program on one’s own, that’s why it would be optimum to seek for some education grant. While entering any of Master’s programs the university will provide you with special grant forms along with the necessary application documents. There are a lot of programs and funds in Canada, granting financial assistance to students. One can even apply for a bank credit to pay for one’s education, but the surest way to find a grant is to directly address the university of your choice. All the information as per grants is generally available at the university web site.
“Praŭnik”: What are the academic requisites to apply for an LLM program?
N.K.: One of the major requests of Canadian law schools is that the applicants possess higher legal education. The entrance examination board of any law school notes diploma grades, work experience in legal sphere and the presence of scientific research or publications. Moreover, there is a mandatory requirement, which is writing several essays on the given topic, presenting letters of recommendation and characteristics. The request of no little importance is writing grounding for and orally defending your future thesis topic.
Test of English as a Foreign Language (TOEFL) is also a must. While studying one has to deal with juridical terms, that’s why the grade is to be no less than 85-90%. In some schools the applicants are to take a law test LSAT. The test is meant to define the candidate’s proficiency in law and the maturity of his/her legal thinking.
“Praŭnik”: The approaches to legal education are obviously dissimilar in Belarus and Canada. How can it be accounted for?
N.K.: The methods of juridical education in Belarus and North America are essentially different. The so-called “Socrates’ method” is dominant in North America. That means that lectures are delivered in a form of an open dialogue: any student can ask a question any time, the lecturer also poses questions to students. This is so due to a fundamental difference in the approach to legal education in Belarus and North America. In Belarus the lecturer exposes the meaning of legal norms. A North American professor urges the students to reveal the sense of legal norms themselves grounding on the material studied (it is implied and requested that students prepare 150 to 300 pages for every lecture, the material is not merely to be read but examined through and through, highlighting the key issues and, probably, preparing a case brief etc.). American students (in contrast to Belarusian ones), as a rule, do not study the norms of concrete laws, but some more general legal provisions, acquire the skills of handling legal information as a whole. Specialisation and studying the norms of particular laws is conducted during bar admission course.
“Praŭnik”: Where is this difference rooted?
N.K.: The conceptual difference between legal education in Belarus and North America partially lies in the specific character of common law system functioning. Within the latter the leading role is allotted to a juridical precedent and would-be lawyers should be competent in the stratagem of court decision texts. But the difference is not confined to this very issue. The core concept of legal education in Belarus seems to be grounded in the Soviet teaching practice. Soviet jurisprudence had several peculiarities, including the absence of contract and commercial law. Standard forms were utilized to conclude contracts, the disputes being settled by state arbitration. Thus, lawyer’s work was mainly confined to the knowledge of appropriate forms, instructions and the rules of their application, which were not altered for ages. A Canadian lawyer should not only be familiar with the applicable norms, rules, forms etc., but be able to implement them with maximum benefit for the client (remaining within the bonds of law, of course). Canadian legislation (primarily in the realms of commercial, corporate and contract law) is much more flexible than that of USSR. For this reason it is important for a lawyer to master all the existing ways of registering a deal, the advantages and disadvantages of any such form for both sides, possible risks and other attendant circumstances.
“Praŭnik”: Could you please give us some details about the structure of an LLM course?
LLM courses are designed for 5 days of studying weekly. The number of studying hours is reduced for the programs precluding thesis writing. The initial nine months are intended for the preparation for thesis, the remaining three – for writing it. The students not entitled to thesis study in a traditional way: they visit lectures and prepare reports.
Normally, a program includes obligatory disciplines and several subjects for the student’s choice. The choice is restricted solely by the conflict of several subjects’ timetable. Above is an approximate timetable for a year:
1st semester: Legal Theory Alternative Approaches; Corporate Law; Corporate Finance; Securities Legislation (intensive course); Financial Intermediation (investment banking systems, mutual fund, insurance etc.) (intensive course)
2nd semester: Securities Legislation; Intellectual Property; Legislation, regulating show business relations; Drafting Legal Documents.
An LLM course in Canada usually starts with basic principles of Anglo-Saxon law (constitutional law and civil, administrative and criminal legal relationship). Then goes the specialization. An “Intellectual Property” course, for example, comprises copyright, patent law, brand names disciplines. Those interested in Canadian companies’ trades should take basic corporate law course. Within its frame the basic principles of international transactions, antimonopoly policy, bankruptcy etc. are dealt with.
It is common for the exams to be in the form of tests. They are taken either at the end of every semester or after a certain course. A task is supplied with several answers that are so similar that it is very easy to choose the wrong one. Profound knowledge is needed to pick the single correct option.
“Praŭnik”: Is the education received in the West really of such great value for a Belarusian student?
N.K.: It is indisputable that western legal education, developing logic and creative problem unfolding on top profitability terms, is of extreme value for modern Belarusian economy. With a view of acquiring these qualities and developing such capacities western legal education is the most advantageous choice. Still, it is necessary to bear in mind that western education gives you as much as you are able to take from it.
“Praŭnik”: Thanks for finding time to answer our questions. We wish you success in your creative work.
The questions for the interview were prepared by Alaksandar Martynaŭ
