Transnational education can be defined as all forms of higher education study programs, or sets of studies or educational services (including distance education) in which the learners are located in a country different from the one where the awarding institution is based. Such programs may belong to the educational system of a state different from the state in which it operates, or may operate independently of any national system. Transnational education implies, therefore, crossing the borders of national higher education systems and usually falls into the category of non-official higher education in the host country. Transnational education is often considered in relation with the franchising of institutions and programmes, but it can also take other forms of delivery.

The biggest providers of TNE at the moment are primarily highly developed countries such as Australia, the US, Canada, New Zealand, Japan, the UK, France, Germany, Spain and Portugal.

Problems with Transnational education
Firstly, problems arise from the fact that some of those new providers of TNE operate on a for-profit basis and are treating students as customers or consumers rather than partners in the educational process. This creates additional exclusion mechanisms. Secondly, TNE often brings in providers whose quality could be questioned and whose qualifications might not be easily recognised. Thirdly, it has to be stressed, that certain TNE arrangements can lead to qualifications, which might not be easily applicable in the local context of the students and may thus increase brain drain.

ESU's opinion on the matter
ESIB stresses that it is the responsibility of the state to provide its citizens with free higher education and life long learning education. The emerging TNE should not be seen as a means for evading this responsibility. ESU further believes that education is a public good, which fulfils important functions for the social and economic development of societies and states.

However, ESU believes that in some cases TNE can contribute to fostering access to higher education by allowing a bigger percentage of the population to enrol in tertiary educational programs. Furthermore ESU believes that TNE can increase and diversify the educational possibilities available for students.

With regards to regulation, ESU believes that supranational bodies such as UNESCO have a vital role in the set up of a comprehensive regulatory framework for TNE. ESU further believes that neither the World Trade Organization nor the GATS treaty can create appropriate regulatory frameworks for TNE. Therefore, ESU has stressed on several occasions its disapproval of any further commitments in higher education into the GATS treaty and has called for a moratorium of the ongoing GATS negotiations.