We Present our Alumnus Rorick Tovar

“I left academia to confront the concrete realities people are facing and the themes explored within the framework of the nccr – on the move.”

Rorick Tovar, a specialist in private international law, was an assistant and doctoral student during the first phase of the nccr – on the move. He was a collaborator in “The Law and Economics of Migration Policy” project at the University of Bern, where he also completed a master’s degree in law. Sensitive to migration-related questions due to his own experiences, the native Peruvian wrote his thesis on the implications of unexpected changes of the law applicable to marriage, as a consequence of a spouses’ change of residence to another country. With the desire to apply his research work to real-life situations, he left academia and currently holds a temporary position as a lawyer at the cantonal civil status supervisory authority of Basel-Stadt. Since 2016, he has been involved in supporting migrant integration in Switzerland, as a member of the Commission for Integration in Bern.

Video and interview by Ellen Weigand

Born in Peru, Rorick Tovar was not predestined to become a migrant to undertake his doctoral thesis in Switzerland within the nccr – on the move. In retrospect, the migration path of this Doctor of Law is a good example of academic mobility. But let’s start at the beginning. In his mid-twenties Rorick made his first trip to Europe to visit his sister, who was living in Bern with her son at the time – and it was there that the idea of emigration began to germinate. He was encouraged by his sister, who described the opportunities and advantages of life in Switzerland. “Knowing that it was difficult for a Peruvian national to immigrate without speaking at least one of the official languages, she advised me to learn German first. It was a good idea, especially since German is the language of law,” says Rorick. “It was at the German language school where I met migrants for the first time, some of them quite exotic to me, such as Ukrainians, Filipinos, and Turks,” he recalls with a smile.

After eight months, Rorick returned to Lima to complete the final year of his law degree. “It was not the same, though. Something was missing. I wanted to visit interesting places and meet other people,” he recalls. He began to look for places in Europe where he could pursue his studies while using his German language skills. This is how he came to be in Palma de Mallorca, Spain, “with $1,000 in my pocket and my bicycle.” He soon found a job in a pizzeria, and this employment allowed him to continue his studies at the University of the Balearic Islands. He landed the job easily due to his knowledge of German, which was popular with tourists on the island. It is with this evening work that he financed his studies and accommodation for the next three years. Over the time, Rorick obtained a position in a law firm on the island, once again due to his knowledge of German and outstanding grades at law school. During this time Rorick fell in love with a Swiss woman, which motivated him to consider moving again.

Back to School in Bern

He enrolled at the University of Bern to begin his master’s degree in law. He also returned to language school to learn written German, which was essential for his studies. “This was not easy, but I was fortunate that some of my teachers helped me, including allowing me to take some exams orally instead of in writing,” says Rorick.

With his master’s degree completed, Rorick also became the father of a baby boy, Sebastián. He was strongly encouraged by his professors to begin a Ph.D. to pursue an academic career, as he finished his studies in Bern with honors. But Rorick was teaching Spanish in a language school while looking for another job and thought he did not have enough time to write a dissertation. However, he eventually decided to do it: “One of the professors to whom I had applied invited me for an interview – although, not to offer me a job, but to tell me about the nccr – on the move. He knew that my master’s thesis focused on international contract law, he thought it could be possible to find a relevant link between this topic and migration.”

A Thesis Inspired by Life as a Migrant

Intrigued by this challenge, Rorick reflected on how to establish a connection between contracts and migration to become a doctoral student at the nccr – on the move. In choosing his thesis subject, he would draw heavily on his own life and the experiences lived by other migrants. “I wondered what would happen in the event of a marital crisis? This is a topic concerning not only an ever-increasing number of binational couples, but also all other couples who have moved to another country or acquired property abroad. After all, marriage can be viewed as probably the most common and the oldest long-term contract. In case of migration, however, spouses cannot be certain about the specific rights and obligations arising from this contract, due to differences in legal systems. As each country has its marriage law, the outcomes of proceedings related to the dissolution of the property regime, determination of alimony payments or even the waiting period to be able to divorce cannot be predicted. Changing residence to another country or getting married to a person with a different nationality can lead to the application of foreign and unknown laws to legal disputes between spouses or even to litigations involving heirs.”

The research project that stemmed from Rorick’s reflections convinced the professor leading one of projects of the nccr – on the move. He was subsequently employed as a doctoral researcher within the framework of “The Law and Economics of Migration Policy” project at the Swiss Centre of Migration Law within the Institute of Public Law at the University of Bern.

Public Speaking – a Valuable Skill

Once again, Rorick took on a new significant challenge: learning to speak and write English for academic purposes. “I spoke only a little, and the first year was really hard. I was also ashamed of my Spanish accent.” This fear would eventually fade, when he realized that many other members of the NCCR spoke English with an accent and made mistakes. “Above all, I overcame that fear through a valuable skill acquired at the nccr – on the move – that is, giving academic presentations* and public speaking in the context of various scientific events,” he says. “Apart from the interdisciplinary activities that allowed enriching exchanges between researchers, this was what I most appreciated at the nccr – on the move. Being obliged to lecture in a foreign language requires one to be very precise, because you cannot embellish as you might in your own language.

Significant Help for Parent-Researchers

As a parent and a researcher at the nccr – on the move, Rorick benefitted from specific financial and practical support offered by the NCCR. This support was implemented to enable researchers with parental obligations to more easily reconcile their personal and professional lives. “I am very grateful to have been able to be with Sebastián and to have cared for him as I wished, especially during my time as a student in Bern,” Rorick adds.

Concrete, Less Solitary Work

After having completed his doctorate Rorick was not convinced of pursuing an academic career, instead he preferred concrete work that involved engaging directly with people. “The academic world is certainly fascinating – especially when you have the opportunity to be in contact with undergraduates, as a teacher, and with other academics, as a speaker in conferences. However, it also means weeks and even months of solitary work in libraries, what more often than not leads to losing touch with reality and being overly focused on theoretical problems instead of practical ones.”

According to him, his current position as a lawyer in the Canton of Basel-Stadt allows him to apply what he has learned in reality. It permits him to compare research to real-life situations, while discovering other issues absent in books or academic papers. “I have read a lot about the legal issues arising from the recognition of marriages celebrated abroad. I must however confess my astonishment when in my second week in my current position I found out that some individuals were trying to obtain the recognition of marriages celebrated via videoconference. Marriages abroad are recognized in Switzerland without major obstacles. But what about a marriage via skype between an individual in Switzerland and another individual abroad? Technology makes it possible to marry a person located 1,000 kilometers away. Should a marital union be regarded as valid in Switzerland when the groom, the bride or even both of them are only virtually present before the foreign authority responsible for its solemnization? The answer to this question is by no means easy, as such a practice can be used to circumvent requirements imposed by the national law. A skype marriage would help individuals obtaining the advantages granted to spouses by the law, particularly useful to those who for one reason or another cannot obtain the permit to enter the country or do not have the legal residence any more. A long-distance marriage would resolve any of these issues from the comfort of one’s home. The validity of these marital unions is of course very disputed; it is however clear that people’s creativity knows no bounds.”

Advice on Integration for the City of Bern

As a member of the Commission for Integration in Bern since 2016, Rorick is participating in an expert commission advising on questions of integration. “This is another opportunity to address migration issues in a practical way. Using my personal experience and the knowledge I have gained, I together with members of the commission contribute to the implementation of projects in the city of Bern. At the same time, this allows me to get first-hand knowledge of innovative ideas, programs, and campaigns proposed by public officials to promote the integration of migrants in Bern.”

At the time of this interview’s publication, Rorick was uncertain about his future career. It was, however, clear to him that planning the future in the long term is difficult. “I could never have predicted what has happened to me over the last years since I left Peru, Switzerland or even Spain, remembers Rorick. There are always obstacles, but also unique opportunities that oblige you to redesign and adapt your projects and scheme of life constantly. As the saying goes, if you want to make God laugh, just tell him about your plans.”

* Rorick Tovar’s thesis “Creating a Law Market? Choice of Law and Regulatory Competition in Marriage Law” video presentation in 180 seconds (presented at the closing event of phase I of the nccr – on the move, 29 June 2018, University of Neuchâtel).