I帽aki Navarrete, BCL/JD鈥�16, Associate Legal Officer at the ICJ, shares insights about working at the international tribunal, pursuing an international law career, and the ICJ鈥檚 fellowship and legal clerkship programs.
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Could you tell us about the journey that led you to law school?
I came to law school directly from CEGEP with no real idea of what it meant to be a lawyer, but with the notion that I wanted to use the law to do something useful. My parents arrived in Canada as refugees from Chile in the 1980s and their story and resilience inevitably shaped me. In law school, the drive I felt quickly found an outlet in international law. I felt that the subject connected with my aspirations and helped me to link threads in my family鈥檚 past.
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What were the highlights of your time at 捆绑SM社区?
One of the highlights was participating in the Centre for Human Rights and Legal Pluralism鈥檚 International Human Rights Internship Program. After a summer field internship, students take a seminar course leading to a research paper. I worked on strategic litigation with an NGO in Mexico. When I returned to the Law Faculty, I continued working with the lawyers there, eventually bringing a case to the Inter-American Commission on Human Rights in Washington, D.C. It was very fulfilling work. The seminar course with Professor Nandini Ramanujam was also fantastic and allowed me to reflect on the experience.
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What interested you to pursue a clerkship at the International Court of Justice?
I first worked as a Judicial Fellow and really enjoyed my time at the Court. I found the issues it dealt with endlessly fascinating. The ICJ is a unique jumping-off point for a career in international law. There鈥檚 probably no other place where one can get as much exposure to international law early on in one鈥檚 legal career.
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What does your typical day of work look like?
I work with Judge Peter Tomka, who is a former President and the Court's senior judge. The work involves a lot of meticulous research, analysis, and writing. It resembles the work of clerks in superior and appellate courts, except one is dealing with international law cases. These can be contentious cases between States, and the United Nations and its specialized agencies can also request advisory opinions from the Court.
To give a sense of the range of issues that were recently at bar or soon will be, they include a maritime delimitation case on the continental shelf (involving intricate issues of geology and geomorphology), claims based on the Genocide Convention or the Convention on the Elimination of All Forms of Racial Discrimination, an advisory opinion on the occupied Palestinian territory, and an advisory opinion on climate change.
The Court has been extremely busy during my time. There are currently 23 cases on the Court鈥檚 docket. This may seem modest compared to the workload of national courts, but one should keep in mind that the ICJ is a court of first and last instance, with a potential 鈥榩ool鈥� of litigants not exceeding the number of UN Member States (i.e. 193). States do not bring cases lightly, so when they do, they leave no stone unturned. For example, in a recent case, the parties鈥� written pleadings, together with annexes, amounted to 41,000 pages. A former ICJ President said once that working at the Court is like running multiple marathons at the same time. I think that鈥檚 quite accurate.
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You have been involved in over 20 cases at the Court. Can you tell us about one case that you found significant?
Many significant cases have recently been brought to the Court. In the first days of the 鈥渟pecial military operation,鈥� Ukraine brought a case against Russia, part of which has been declared admissible and is proceeding to the merits phase. This is an interesting case that raises novel issues. Another significant case is the one South Africa instituted against Israel in December. In that case I worked with judge ad hoc Moseneke and that was a unique experience. For context, a State party to a case which does not have a judge of its nationality on the bench can appoint a 鈥渏udge ad hoc鈥� if it wishes. Associate Legal Officers are occasionally called upon to work with judges ad hoc.
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What鈥檚 the difference between the clerkships and fellowships program at the ICJ?
Each of the 15 Members of the Court is assisted by a Law Clerk (also known as Associate Legal Officer) and a Judicial Fellow, in addition to an executive assistant.
The Law Clerk is the judge鈥檚 primary legal assistant. They are appointed after a competition which involves a written and oral examination. Law Clerks typically come to the role with a good deal of professional experience and an advanced degree in international law (a master鈥檚 degree and perhaps a PhD). The position may last from two to four years, so by the time Clerks move on to their next job, they will have dealt with all sorts of international law issues.
Judicial Fellows come to the Court as part of a training programme, known as the Judicial Fellowship programme, which has been in place for over 20 years. Each year, universities from around the world nominate candidates among their recent graduates, 15 of whom are selected as Judicial Fellows assigned to a judge for a period of about 10 months. During this time, they can expect to work on five or six cases. Much like Law Clerks, Judicial Fellows assist their judges with tasks such as writing memoranda, preparing case files, and commenting on draft judgments. Judicial Fellows are sponsored by their nominating universities, or, in some cases, by a Trust Fund.
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Is the Judicial Fellowship a prerequisite for a clerkship?
No, it is not a prerequisite, though it can certainly help. I would say that about one in five Law Clerks were previously Fellows.
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What is your advice for law students interested in a career in international law?
I always feel some trepidation about giving advice; the matter seems to me too personal. With that small caveat, I would share two general guidelines.
First, take full advantage of everything the Law Faculty has to offer in international law. Take all available international law courses, compete in moot court (the Jessup or the Rousseau) or participate in the International Human Rights Internship program. 捆绑SM社区 is one of the best places to study international law for a reason, so my advice is to get as much exposure as possible. Studying law in a bilingual and transsystemic program confers various advantages for an international career (starting with a good command of English and French). Language skills are highly valued in the international law world. Also valued is the ability to navigate different legal traditions. All of this explains why the Faculty has a strong record of placing Judicial Fellows and Law Clerks at the ICJ.
Second, build resilience. Finding work in international law is challenging; positions are limited, and applicants are plentiful. There are typically about one thousand applicants for four or five Law Clerk positions. It often takes multiple attempts to secure your dream job, so determination to stay the course is important, as is showing openness to the diverse opportunities that may come your way.
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If you could go back in time, is there anything you would do differently in law school?
I would share some words of reassurance and try to correct some misconceptions about what it means to pursue an international career. There is a sense that one must commit to one path early on. Students tell me 鈥淚 want to pursue an international career, but I also want to get some experience working domestically, can I really do both?鈥� My answer is that there is no contradiction. When I look at my colleagues, it is clear that the diverse skill sets and perspectives that come from having worked domestically are an asset. Many have worked at law firms; some have clerked; others have served in their country鈥檚 ministry of foreign affairs. All these experiences are useful.
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What鈥檚 coming next for you professionally?
I will pursue graduate studies at Harvard Law School. But after that, who knows! I have long been drawn to practice and academia.
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View more articles from the Fall 2024 issue of 捆绑SM社区 Law/Droit News
