The Society in a changing world

Scotland’s place in the world is changing. Both Covid and Brexit have altered how we interact with our neighbours in terms of law, trade and travel. In response to this, the Council of the Law Society of Scotland has passed a new International Strategy that aims to support the rule of law around the world and to promote the profession and Scottish jurisdiction internationally.

There are a series of challenges before us. The war in Ukraine has seen international norms abandoned and a prosperous European nation illegally invaded. Promotion of the rule of law and access to justice cuts across every aspect of our work at the Society, but now more than ever we must stand up for our values globally and at home. Therefore, a key part of our international work will be to seek to work with partners, such as the UK and Scottish Governments, to strengthen the institutions of the rule of law and promote best practice around the world.

We will aim to work with other legal professionals to provide mentoring or guidance in areas in which Scotland is a world leader. Our memberships of the International Bar Association (IBA) and the Council of Bars & Law Societies of Europe (CCBE) provide platforms for us actively to promote the rule of law at an international level and ensure equal access to justice for all.

We’re proud to work on behalf of and with the Scottish solicitor profession to engage with other organisations and groups across the globe. It helps us to work towards ensuring that wherever in the world you happen to be – whether it’s in the EU or further afield – the Scottish legal profession is known and respected.

Trade policy work

A key part of this work is to ensure that the profession is represented in the UK Government’s trade policy. Post-Brexit, international trade will continue to be a major focus. Our increased policy engagement in this area presents an opportunity to be part of thought leadership on trade issues in Scotland. While we engage with the UK’s new trade deals, we are conscious that the rules set by the EU will continue to be of interest to the profession, and so in the aftermath of the closure of the joint UK Law Societies’ office in Brussels, we have joined Scotland Europa.

Scotland Europa is a membership-based organisation (aligned with Scottish Enterprise) that promotes Scotland’s interests across the institutions of the European Union and to the representatives of Europe’s regions and member states. It has a permanent presence in Brussels near to the Commission headquarters and will provide us with the support needed to ensure that the profession is still represented in the heart of the EU.

In the UK, the new generation of post-Brexit trade deals is no longer abstract and will soon start to come into force. We will continue to engage not only with the negotiations but with the implementation of these deals. Trade agreements can be used to bring about a wide range of changes in the relationship between states and regions. In many such agreements, provisions are a means to promote or reinforce the application of the rule of law.

Wider engagement

Other aspects of the legal framework play a similarly important role in facilitating trade. This extends, for example, to continuing protection of intellectual property rights, promotion of competition and facilitating flows of data. The top priority must be to continue to promote the legal sector in Scotland. We emphasise the importance of recognising that Scotland is a distinct jurisdiction with its own law, court system and separately regulated legal profession.

Any work on both the Scottish and wider UK brand should recognise the advantages of doing business in Scotland, drawing on the wider support network in terms of availability of high-quality legal advice, an effective commercial court, and the strength of the rule of law, alongside other important professional business services. We have begun this not only through working with the UK Government as it negotiates new trade deals, but also engaging with our international members and large firms in Scotland who have real world experience. Following a recent meeting with Minister Mike Freer MP, we have committed to regular meetings to ensure that the UK Government can support the Scottish legal sector and that firms are informed and can raise issues directly with the Government as they come up.

If you are interested in any aspect of this work please get in touch with Adam Marks, who heads our international and trade policy work.

If you want to know more about our international work, you can read about it in the Research and Policy section.