Foreign Law Comparative Law Transnational Law
Jan 15, 2016
Foreign Law
Comparative Law
Transnational Law
• may not exist• probably not official• might have to pay
A Word re translations
Suggested reading: •Smith, A Foreign Law in Translation, in Introduction to Foreign Legal Systems at pp. 267-76•Yates, "Scaling the Tower of Babel Fish: An Analysis of the Machine Translation of Legal Information," 98 Law Library Journal 481 (2006)
Useful Titles:
• International Encyclopedia of Comparative Law
• International Encyclopaedia of Laws
• Germain's Transnational Law Research
International Encyclopaedia of Laws
• each individual title includes country-by-country monographs describing how each nation addresses the legal subject
• some subjects include “codex” volumes with international treaties and possibly national legislation & case law
International Encyclopaedia of Laws
Germain’s Transnational Law Research
• target audience is practicing attorneys
• especially helpful for transnational litigation
• includes research methodology as well as information about resources
Research Resources: Foreign/Int’l
China
multi
multi
AmericasChina
U.K.
India
multi
Germany
multimulti
multi
Law--china--bibliography
Research Guides, revisited:Check GAVEL to see if we have something in the Law Library on that country
Typical subject heading but also remember KEYWORD searching!
GAVEL keyword searching: try country name with terms like “research*” or “bibliograph*”
Korea and (research* or bibliograph*)
Remember LLRX, GlobaLex and other Web research guides
The old standby
Check the Bluebook to see if the resource is official
Check GAVEL to see if we have the title
Reynolds & Flores includes online resources
Reynolds & Flores: Sweden
The Fine Print
Law Library does not have this item• check GIL• ILL
Who Has It? Check WorldCat
Reynolds & Flores: Belgium
Info about and links to many gazettes available onlinehttp://www-personal.umich.edu/~graceyor/doctemp/gazettes/index.htm
World Constitutions Illustratedin Hein Online
Constitutions of the Countries of the World
Case Law
• Possible subject headings in GAVEL:
• law reports, digests, etc. -- country name• law reports, digests, etc. -- Argentina
• subject matter -- country -- cases• administrative law -- France -- cases
International Law Reports (ILR)
• Court and tribunal decisions, in English, on issues relevant to the international legal system
• includes national court judgments in addition to international tribunals
Sample Contents from one volume of ILR
European Commercial Cases• selected cases from national European courts in specific areas of commercial and business law
Common Market Law Reports• cases on EU law from EU courts and national courts
International Law in Domestic Courts database
International Law in Domestic Courts
Law review articles may include a translation or summary:
• search Lexis or Westlaw or LegalTrac and include “translation” as one of your title search terms
“guest” search - can do from home but not all of dbase available (more full text becoming available freely)
Full access currently at library only - need a Ref Librarian to log you in
Global Legal Information Network
GLIN
Record when not logged in to GLIN
Same record if logged in to GLIN
Text of the doc found in GLIN - from Argentina's legal gazette
Another old standby!
Spanish court decision
Belgian legislation
Tip: try to find a compilation of translations
of laws on a specific subject from a number of
jurisdictions
http://libguides.law.uga.edu/content.php?pid=136402
Search GAVEL for compilations on your subject•Be creative!
Is there an international organization for the subject? Check their publications for compiled legislation or other documents
WIPO
http://www.loc.gov/mulp/
Check GAVEL to see if we have the title!!
InterAm is a database we subscribe to at Law Library: useful for finding selected legislation in the Americas (& some translations)
Translations via InterAm
• some free for most jurisdictions
• The National Law Center for InterAmerican Free Trade will do on-demand translations for a fee (also legislative research)
Tip:• When searching the web for online collections of law by subject, use terms like "global" "countries" "world"
global banking laws
Strategy for finding foreign law
• for a cite check: first try to find specific source using GAVEL, Google, or country-specific databases
• for more extensive research: start with Reynolds & Flores and research guides
Transnational law/transactions concerns
• whose law applies?• where will disputes be heard?• how do I effect services of process?• discovery of docs overseas?• what about enforcing foreign
judgments?• are there standard contract clauses?
• Private international law• Conflict of law• Lex mercatoria
lex mercatoria
Hague Conference on Private International Law
• international judicial and administrative cooperation
• conflict of laws for contracts, torts, family law, protection of children, wills & estates, recognition of companies
• jurisdiction and enforcement of foreign judgments
Hague Conference Conventions
Hague Conference:practical handbooks
Offer explanations of the provisions of specific Hague conventions
UNCITRAL• United Nations Commission on
International Trade Law• mandate: to further progressive
harmonization and unification of international trade law
• major areas: – arbitration– sale of goods
UNCITRAL resources
• conventions, treaties• model laws• legislative guides• arbitration rules• legal guides• case law: CLOUT database of
decisions relating to UNCITRAL conventions and model laws
UNCITRALCLOUT database
court decisions and arbitral awards relating to UNCITRAL conventions and model laws
Sample Contents of CLOUT issue
• purpose: study methods for modernizing, harmonizing and coordinating private and commercial law
• adopted many international conventions and model laws
• Principles of International Commercial Contracts
UNIDROIT resources
• texts of conventions, treaties, model laws, Principles
• UNILEX database• bibliography
excerpt from Principles of Int’l Commercial Contracts
ALI/UNIDROIT Principles of Transnational Civil Procedure
• reconcile differences in national rules of civil procedure
• guidelines for code reform
excerpt from Civ Pro Principles
UNILEX database
• detailed abstracts of important cases by courts worldwide
• full text of cases (when available)
• complete text of the CISG and the UNIDROIT Principles
• status report on CISG ratifications
• bibliographies
excerpt from UNILEX entry
Electronic Library on International Commercial
Law and the CISG• Pace University• provides annotated CISG
– legislative history– case law– links to articles
• searchable database
sample annotated CISG article
Uniform Law Review
scholarly articles on uniform law instruments relating to private int’l commercial law
Tables of Contents from 1996 and selected full text articles available on UNIDROIT
U.S. Dept of StatePrivate International Law
• trade/business transactions law• international judicial assistance• wills, trusts, and estates• family law
U.S. Dept. of State resources
• links to relevant treaties in force in U.S.
• info on current negotiations• practical advice
U.S. Department of StateInternational Judicial
Assistance
• authenticating documents• obtaining apostilles• notaries public abroad• obtaining evidence abroad• preparing letters rogatory abroad• country-by-country information
model apostille under Hague Convention
INCOTERMS
• standard trade definitions commonly used in international contracts
• published by the International Chamber of Commerce (ICC)
• ICC site includes the preambles to each of the thirteen areas covered by INCOTERMS
INCOTERMS chart of responsibility
• organization of international legal practitioners (over 30,000 individual members and legal orgs)• many publications and conferences designed to assist in practice of global business law
IBA resources
additional resources• ASIL Guide to Electronic Resources
in International Law: International Economic Law
• Electronic Information System for International Law (EISIL)
• National Association of Secretaries of State
http://www.sos.ga.gov/elections/commissions/default.htm