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Governing Cross-Border Higher
Education

Governing Cross-Border Higher Education examines the role of governments in

relation to three key aspects of international education: student mobility; migra-
tion of international students; and transnational provision through collaboration
or branch campuses. The research for this book is informed by interviews with
key stakeholders in ten countries and extensive engagement with policy makers
and international agencies. It analyses the ways in which governments are able
to direct or at least influence these cross-border movements in higher education.
The book explores key issues that national governments are invariably required
to contend with in an increasingly globalized higher education market, as well
as the policy options available to them in such a climate. Alongside this, there is
analysis into why states adopt particular approaches, with critical assessment of
their varying success. Key topics include:

• the political economy of international higher education;

• recruiting students;
• promoting and regulating transnational provision;
• student migration;
• governing educational imports;
• managing the outflow of students;
• the regulated market.

This book will be a valuable and insightful resource for those involved in higher
education policy and interested in the globalization of the higher education market.

Christopher Ziguras is Deputy Dean, International in the School of Global,

Urban and Social Studies at RMIT University, Melbourne, Australia.

Grant McBurnie is an Associate in the School of Global, Urban and Social

Studies at RMIT University, Melbourne, Australia.
Internationalization in Higher Education
Series Editor: Elspeth Jones

This series addresses key themes in the development of internationalization within

Higher Education. Up to the minute and international in both appeal and scope,
books in the series focus on delivering contributions from a wide range of con-
texts and provide both theoretical perspectives and practical examples. Written
by some of the leading experts in the field, they are vital guides that discuss and
build upon evidence-based practice and provide a clear evaluation of outcomes.

Titles in the series:

Tools for Teaching in an Educationally Mobile World

Jude Carroll

Developing the Global Student

Higher education in an era of globalisation
David Killick

Governing Cross-Border Higher Education

Christopher Ziguras and Grant McBurnie
Governing Cross-Border
Higher Education

Christopher Ziguras and

Grant McBurnie
First published 2015
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2015 Christopher Ziguras and Grant McBurnie
The right of Christopher Ziguras and Grant McBurnie to be identified
as authors of this work has been asserted by them in accordance with
sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced
or utilised in any form or by any electronic, mechanical, or other means,
now known or hereafter invented, including photocopying and recording,
or in any information storage or retrieval system, without permission in
writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Ziguras, Christopher.
Governing cross-border higher education / Christopher Ziguras and
Grant McBurnie.
pages cm.—(Internationalization in higher education series)
1. Transnational education—Government policy. 2. Education and
globalization. I. McBurnie, Grant, 1960– II. Title.
LC1095.Z54 2014
378.1′75—dc23 2014010147

ISBN: 978-0-415-73487-5 (hbk)

ISBN: 978-0-415-73488-2 (pbk)
ISBN: 978-1-315-76401-6 (ebk)

Typeset in Galliard
by Book Now Ltd, London
Contents

List of tables vii

Series editor’s foreword ix
Acknowledgements xiii
Introduction xv

1 Global policy prescriptions: Trade, protection and

competitiveness 1

2 The entrepreneurial state: Recruiting students 25

3 Managing the outflow of self-funded and sponsored

students 50

4 Even the best laid plans: Student migration policy

and its unintended consequences 81

5 Outgoing student migration: Steering the circulation

of brains 99

6 Offshoring higher education: Regulating and

promoting overseas provision 128

7 Regulation and quality assurance of foreign providers 148

Conclusion 179

Index 187
This page intentionally left blank
Tables

2.1 Major host countries of internationally mobile degree

students, 2011 28
2.2 Tuition fee policies of major education exporters 37
2.3 Work rights for international students in selected host countries 40
3.1 Students in Singaporean tertiary education institutions, 2005 54
3.2 Singapore students in onshore Australian higher education
and vocational education and training 56
3.3 GATS commitments for consumption abroad 63
4.1 International students in higher education in Australia:
completions, permanent residency and enrolment growth 88
5.1 Outbound student mobility and emigration rates 103
6.1 Foreign students enrolled in British and Australian transnational
programmes 129
6.2 Proportion of international students in Australian universities
enrolled offshore, by country of birth, 2010 130
7.1 Students in Singaporean tertiary education institutions, 2005 148
7.2 McNamara’s transnational education policy environment
framework 157
7.3 Scoring regulatory environments for transnational providers 158
7.4 Business regulation and quality assurance in selected countries 159
This page intentionally left blank
Series editor’s foreword

This series addresses the rapidly changing and highly topical field of internationaliza-
tion in higher education. Arising from the notion of international education, which
had essentially a curricular focus on international themes such as development stud-
ies and comparative education, use of the term ‘internationalization’ began more
recently, during the latter part of the twentieth century. Since that time attention
to the international dimension of higher education has become increasingly visible
in institutional strategies as well as national and international agendas. Early distinc-
tions were established between, on the one hand, market-driven interests in the
recruitment of international students and, on the other, practitioners who see trans-
formational potential through internationalization activities as a means of enhancing
personal and professional development.
While those themes continue to be of importance, the intervening years
have seen a more nuanced range of interests bridging that divide. Informed by
diverse disciplines including anthropology, languages & communication, busi-
ness & marketing, environmental studies, strategic leadership and pedagogy,
internationalization is now high on the priority list for universities around
the world. This is, in part, as a response to changing global environments but
also in reaction to globalization itself with its potential for homogenization if
taken to extremes. The many dimensions of contemporary internationalization
require institutions to adjust and define the concept for their own purposes,
adding to the richness of our understanding of the ‘meta-discipline’ in practice.
This is perhaps most evident in countries where institutional and curricular
internationalization is a more recent development, and traditional ‘western’ inter-
nationalization practice requires further exploration for appropriacy in local
contexts. Development and implementation of the concept in such new environments
will add to our understanding of the benefits and challenges of internationali-
zation practice over the coming years.
The answer to the question ‘what is internationalization?’ will thus vary from
one university to another and indeed by subject discipline within that institution.
Reframing the question as ‘what is internationalization for this university, in this
particular context, and for this discipline within it?’ begins to reflect more accu-
rately the diversity and complexity of this growing field.
x Series editor’s foreword

Today there are compelling drivers for university leaders to adopt an integrated
rather than a unidimensional approach to internationalization. Intensifying com-
petition for talent, changes in global student flows, international branch campuses
and growing complexity in cross-border activity, along with the rising influence of
institutional rankings, all provide economic impetus and reputational consequences
of success or failure. Meanwhile additional incentive is provided by growing aware-
ness that the intercultural competence required for global contexts is equally
important for living and working in today’s increasingly diverse and multicultural
societies. Research indicates a rising demand by employers for university gradu-
ates with enhanced global perspectives and intercultural competence, and students
themselves are showing increased interest in international and intercultural expe-
rience. Internationalization thus has both global and more local intercultural interests
at its heart.
Internationalization can facilitate an inclusive, intercultural dimension to the
teaching, research, service and the commercial and entrepreneurial pursuits of a
contemporary university. It is most successful when seen as an enabling factor in
the achievement of wider corporate goals rather than as an aim in itself. Embed-
ding internationalization through changing institutional language, culture and
attitudes into standard university practice is more likely to achieve this than if seen
as a separate goal in itself.
Internationalization as a powerful force for change is an underlying theme of
this series, in contrast to economic or brand-enhancing aspects of international
engagement. It seeks to address these complex topics as internationalization
matures into its next phase. It aims to reflect contemporary concerns, with vol-
umes geared to the major questions of our time. Written or edited by leading
thinkers and authors from around the world, while giving a voice to emerging
researchers, the series will offer theoretical perspectives with practical applications,
focusing on some of the critical issues in this developing field for higher education
leaders and practitioners alike.

Governing Cross-Border Higher Education

This volume examines the role of governments in relation to three key aspects
of international education: student mobility; migration of international students;
and transnational provision through collaboration or branch campuses. It analy-
ses the ways in which governments are able to direct or at least influence these
cross-border movements in higher education.
Challenging the notion that education and commerce are fundamentally
incompatible, the book maps cross-border educational flows and government
policies towards them. It examines skilled migration policies and the impetus for
trans-national education. Inward and outward flows of students are considered
along with the positive and negative implications for the home country.
The book goes on to consider different types of regulatory framework for for-
eign programmes and campuses, and the domestic political factors influencing
 Series editor’s foreword xi

the ways in which governments frame the regulation of foreign providers. It finds
that states are centrally involved in promoting and managing cross-border flows
and proposes a reconceptualization of the role of governance to assist stakehold-
ers in engaging with the emerging political landscape of international education.
Key topics include:

• the political economy of international higher education;

• recruiting students;
• promoting and regulating transnational provision;
• student migration;
• governing educational imports;
• managing the outflow of students;
• the regulated market.

The book offers valuable insight for those involved in higher education policy,
and the globalization of higher education markets.

Elspeth Jones
Emerita Professor of the Internationalisation of Higher Education,
Leeds Metropolitan University
This page intentionally left blank
Acknowledgements

This book has been many years in the making, and the over that time we have had
the pleasure of working with many who have influenced our thinking. We would
like to acknowledge the support of Tony Adams, Elspeth Jones, Jane Knight, Kurt
Larsen, Betty Leask, Simon Marginson, Dean Neubauer, Julia Nielson, the late
Marjorie Peace Lenn, Madeleine Green, Eva Egron-Polak, Tony Pollock, Fazal
Rizvi, Karel Reus, Antony Stella, Andree Sursock, Stamenka Uvalic-Trumbic,
Zeynep Varoglu, Dirk Van Damme, Stephan Vincent-Lancrin, Peter van der
Hijden, Bernd Wachter, Marijk van der Wende, Leo West and David Woodhouse.
In particular we would like to thank Cate Gribble for her support over many
years, especially in relation to Vietnam, Singapore and Malaysia. Thanks also to
Aramiha Harwood for his research assistance, Kym Holthouse for his work for us
in Timor Leste, and Hung Hiep Pham for his valuable feedback.
Chris would like to express appreciation to Hans de Wit, Davina Potts, Edi
Mazzoleni and Francesca Finotello at the Center for Higher Education Interna-
tionalization at Universitá Cattolica del Sacro Cuore in Milan. The Tony Adams
Visiting Senior Scholar fellowship supported me to spend several months at
CHEI in late 2013, a wonderful opportunity to think, write, discuss and learn, in
the company of an impressive band of international educators. And very special
thanks to my family – Ilana Werba and Willow and Zoe Ziguras – who have been
eternally supportive through this shared journey. They lived international educa-
tion wholeheartedly in Milan while I simply wrote about it, and their enthusiasm
and insightfulness was inspiring to me and to many others.
Special thanks from Grant to Kerry Lee, my B1.
We gratefully acknowledge the support we have received from the Australian
Research Council without which this book would not have been possible.
This page intentionally left blank
Introduction

The world has become indifferent to tradition and past reputations, unfor-
giving of frailty and ignorant of custom or practice. Success will go to
those individuals, institutions and countries which are swift to adapt, slow
to complain and open to change. And the task for governments is to help
citizens rise to this challenge.
Andreas Schleicher (2013), OECD Deputy Director for
Education and Skills, responding to claims that PISA results were flawed

Hours after the OECD released the results from the latest Programme for
International Student Assessment (PISA) which showed Shanghai’s school sys-
tem leading the field, Time magazine, without having read the technical report
on the testing process, published an article alleging that the Chinese must have
cheated. The magazine’s unwillingness to believe the data and Schleicher’s terse
defence represent two polar responses to the effects of globalization on education
policy. PISA has globalized a relatively old technology of governance, testing
outcomes, to render certain forms of learning comparable globally, and has gen-
erated a wealth of discussion about the effects of various policies and practices
on students’ learning. The OECD’s Assessment of Higher Education Learning
Outcomes (AHELO) proposes to do the same for higher education, in a more
student-focused manner than existing university rankings, which focus heavily
on research and reputation (OECD, 2013a, 2013b; Tremblay, Lalancette &
Roseveare, 2012).
The globalization of standardized assessments is one of many developments
that are transforming the global education landscape, placing educational sys-
tems, institutions and students around the world in an increasingly unified field.
Similarly, the growing ease of international mobility for students and education
providers is allowing both the consumers and producers of higher education to
move across that global field more readily. Like testing, mobility is not new.
Higher education systems around the world have been developed from a small
set of models originating in Europe, scholars have moved as long as universities
have existed, and disciplinary knowledge in every field has always transcended
xvi Introduction

the nation. But higher education mobility has changed in recent decades. The
volume of information available to students about foreign educational options
has been dramatically expanded by the Internet and by global networks of stu-
dent recruitment agents. The affordability and convenience of international
travel have improved steadily, allowing both students and educators to relocate
more easily. And economic globalization has both expanded the global pool of
students with the means to pursue higher education, and fuelled labour market
demand for advanced qualifications. Much has been written on the globalization
of higher education, and we do not intend to dwell on these developments in
this book. Instead, we take globalization for granted and ask instead how govern-
ments respond to the changing context in which higher education is more readily
offered across national borders.
This book focuses on the ways in which national governments seek to steer
students and higher education providers within an increasingly globalized higher
education market and the extent to which they are effective in doing so. At the
most fundamental level, this is a study of how states are able to manipulate their
differential control over (and responsibility for) organizations and individuals on
either side of their borders to shape the conditions of both national and transna-
tional markets in education.
Our interest in is the ways in which governments attempt to influence forms
of cross-border education that are neither totally directed by the state nor free of
state interference, but are rather subject to a range of regulatory interventions
that attempt to steer students and providers in ways that meet the aims of various
governments. The analysis is thematic, focusing on three issues that appear to be
assuming growing importance to governments around the world: how to balance
expanded access to international education with equitable and socially useful dis-
tribution; how to manage the tendency of international student mobility to lead to
skilled migration; and how to regulate the provision of education by transnational
institutions operating outside their home country.
This book is primarily concerned with cross-border provision of whole pro-
grammes through the cross-border movement of students or providers. This is, of
course, a small part of the internationalization of higher education, but an impor-
tant component. Governments’ higher education internationalization strategies
are increasingly broad, moving towards what Hudzik (2011) terms ‘comprehen-
sive internationalisation’, involving also the adoption of international curriculum
and pedagogies, increasing inter-institutional linkages, boosting research profiles, and
various other means of improving the international standing of national systems.
In recent years there have been many studies of such policy approaches at the
national level, particularly in Asia where governments have been very proactive
(Gopinathan & Lee, 2011; Lo, 2009; Luijten-Lub, Van der Wende & Huisman,
2005; Yamada, 2012). We begin, however, from a different point. Rather than
examining governance of internationalization from the standpoint of particular
national strategies, we begin with the observation that governments are rarely
the drivers of change in this field. In an increasingly open global higher education
 Introduction xvii

environment in which most cross-border study is self-funded, students and edu-

cational institutions make their own choices. These choices, as we will demon-
strate, are shaped in many respects by the ways in which governments regulate,
but the patterns of cross-border education that arise from the actions of millions
of individual actors are often those that governments desire.
The social-theoretical literature has tended in recent years to understand
these developments as caused either by neoliberal forms of governmentality that
emphasize individual responsibility and market solutions, or else by the increas-
ingly rapacious activities of commercially motivated providers. We avoid such
reductionist accounts, and instead focus on the ways in which an intrinsically
inter-related set of fundamental changes in the dominant forms of production,
exchange, communication and enquiry in different places are transforming the
social conditions that frame international education markets. In relation to
governance, we consider that it is fruitless to ask whether such developments
make nation states more or less powerful, since the nature of the social relations
that states seek to govern, and the mechanisms at their disposal to engage in such
governance, have changed dramatically.
Most simply, to ‘govern’ means both to ‘steer’ and to ‘rule’, and we use
the term governance in the broadest sense to allow us to consider a range of
approaches adopted by different governments. In some settings, the term ‘regu-
lation’ is appropriate to describe the ways in which states act in relation to
cross-border education flows, and we use the term throughout the book. How-
ever, some other means that governments use to affect cross-border flows are not
captured by the term, such as funding selected students or providers, promotional
activities such as national branding, market research, and diplomatic initiatives
in bilateral and multilateral forums. That is to say that governments do not sim-
ply regulate the activities of independent students and providers of education;
governments are also purchasers and providers, advocates and lobbyists.
There has been much written in recent years on the tendency since the 1980s
for some Western governments to shift from direct control over institutions to
steering at a distance (King, 2009; Marginson, Nyland, Sawir & Forbes-Mewett,
2010). Such ‘new governance’ or new public management reforms in the public
sector have sought to facilitate ‘a shift from a hierarchical bureaucracy towards
a greater use of markets, quasi-markets and networks’ in the delivery of govern-
ment services (Bevir, 2007, p. 3). We observe the ways in which such approaches
have informed the advice provided by international institutions and Anglophone
governments concerning global education markets. However, such ‘new govern-
ance’ is far from universally accepted, and throughout this book we illustrate wide
divergence still in the varieties of governance of cross-border higher education,
with efforts to directly command and control students and providers still evident
in many jurisdictions.
We have found the work of Braithwaite and Drahos (2000) on global business
regulation particularly helpful. They chart the development of globally conver-
gent principles underpinning governance of distinct industry sectors, and we have
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