Reflections on Transnational Legal Education: From Rutgers Law to the South African Constitutional Court
By Emily Rathburn '23
My interest in international law originated largely from my M.A. degree. In the Rutgers United Nations and Global Policy Studies Program, I studied human rights, international law, and gender equality. The degree exposed me to a myriad of human rights issues that I explored on the policy level. However, I felt that in addition to my policy background, I wanted a career that would allow me to have a direct impact addressing human rights abuses. This realization led me to apply to law school. I was particularly drawn to Rutgers Law School because of the opportunities to pursue international law and public interest work. I was impressed by the options at Rutgers and made a concerted effort to get involved wherever I could. During law school, I took courses related to international law and human rights, such as International Court Advocacy with Professors Jorge Contesse and William Schroeder. The course provided a valuable framework for navigating international law and oral advocacy.
Working in an International Law Journal
I also joined the Rutgers International Law and Human Rights Journal as a Staff Editor before ultimately being elected as the Journal’s fourth Editor-in-Chief. The Journal was spearheaded by a passionate group of Rutgers Law students who noticed a dearth of international law scholarship and sought to fill that gap at the law school. The students gained faculty support and accreditation for the Journal, which is the first and only Journal at Rutgers Law School that publishes peer-reviewed scholarship, and it is one of the few student-run, peer-reviewed journals in the country.
Since its inception, the Journal has made great strides, publishing several peer-reviewed print issues within its first few years. Through scholarship, symposia, and lectures, the Journal has engaged with leading scholars and practitioners in international law including former President of the International Criminal Court, Dr. Chile Eboe-Osuji; former Special Rapporteur on the Human Rights of Migrants, Felipe González Morales; Justice of the Supreme Court of South Africa, Leona Theron; and the former Acting High Commissioner for Human Rights, Dr. Bertrand Ramcharan, to name a few examples.
Aside from my work in the Journal, I engaged with the international law and human rights community through numerous student organizations and in my work as a fellow in the Immigrant Rights Clinic. In the clinic, I had the opportunity to represent asylum seekers in removal proceedings. Some of the clients I worked with had experienced persecution, in violation of their human rights under international law. I found that immigration was a valuable avenue to provide direct representation to clients facing human rights abuses, and was a complement to the broader effects of international law litigation.
South African Constitutional Law
Another one of the most fulfilling opportunities during law school was participating in the course on South African Constitutional Law with Professor Christina Ho. Throughout the course, we read cases from the Constitutional Court and learned about the movement to end apartheid, as well as current events and cultural phenomena in the country. I was particularly interested in learning more about South Africa’s legal system because from my understanding, South Africa had taken greater steps to reconcile the racial violence in its past than the United States. As part of the course, my classmates and I travelled with Professor Ho to Cape Town and Johannesburg where we could see firsthand the aftermath of apartheid and ongoing efforts to repair its continuing effects. We were fortunate to tour Robben Island, with a guide who was formerly incarcerated there for his political expression. We also met with legal practitioners and law professors about their work, including the right to health, customary law, and apartheid in other countries. Although both South Africa and the United States both have much more work to be done toward achieving racial justice, it was refreshing to see an acknowledgement from South Africa’s government.
I left South Africa with many meaningful connections and I am thrilled to be returning to Johannesburg in 2025 as a foreign law clerk to Justice Leona Theron at the Constitutional Court. I am especially excited about this opportunity because I admire that South Africa’s constitution incorporates international law. Therefore, by clerking at the Constitutional Court, I’ll be gaining more exposure to international law and I can explore the ways in which it can be effectively incorporated into domestic law.
Law in Different Cultures
A highly influential aspect of my education and experience thus far has been traveling and engaging with individuals from different backgrounds about various human rights issues. Doing so has opened my mind to different approaches to problem-solving. By working with those who have different backgrounds and experiences from my own, I believe we can benefit one another and collaborate more creatively. Coming from the United States to the South African Constitutional Court will be a major shift, and I recognize I will be far from the most knowledgeable person in the room, but that makes the opportunity all the more beneficial because I can learn from the justices and other colleagues in the court, and hopefully provide my own perspectives in a way that adds value.
I am confident that following my time at Rutgers, I will have the skills to learn and adapt as I navigate the South African legal system. I am humbled by the rare opportunity to put my international law education to practice in a nation whose