With an ever increasing emphasis on becoming more international, Adrian Powell, of Proelium Law LLP, assesses the legal perspectives which the higher education sector must first consider

 

Globalisation

The efects of globalisation, be they positive or negative, have touched almost every aspect of our lives and almost all sectors, and the higher education sector is no diferent.

Globalisation has driven university expansion in the advancement of scientifc research, technology and the harmonisation of expertise in parallel to introducing change in the form of the competition introduced by tuition fees and Brexit.

While you may be only too aware of these subjects and a whole host of other issues concerning the pursuit of an international agenda, you may not be as familiar with the pertinent legal issues that are raised by universities going global, and the pitfalls that must be avoided.

Legal Risks to International Expansion

The range of potential legal and regulatory risks in the internationalisation of a university is extremely broad, but it may be useful to consider those risks in light of the following 11 themes:

Theme 1:

Corporate structures and responsibilities, including memorandum of association, articles of association and shareholders agreementsWhen a university goes global by such means as opening a campus in another country, admitting international students or sending any of their students abroad, it needs to consider two vital points: higher education values; and a memorandum of understanding.

 

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