What international framework, if any, is higher education subject to in terms of its work, not in the sense of validating its programmes or safeguarding its academic freedom, but in terms of its funding, its operating environment and its stakeholders? Is it viewed as a business in some sense? Is it subject to trade rules and negotiations? All of…

There is widespread concern that higher education is being compromised by being turned into a "commodity" to be "consumed". This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be…