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Frontpage
Legal Research and Online
Resources
Training Workshop on Strengthening Legal Research and Writing Skills in the Area of Research and Writing Skills in the Area of
International Trade Law
(TW 363E)
Pretoria, South Africa
August 13-16, 2007
1st Module1st ModuleTechniques of Legal Research
Stefano MastrociccoLibrary Assistant
Strategies
of
Legal Research:
The Cartwheel
Approach
Foreign
Jurisdictions
Topics of Legal Research
Jurisdictions
International
Trade Law
WTO Dispute
Settlement System
Strategies
of
Legal Research:
The Cartwheel
Approach
Foreign
Jurisdictions
Strategies of Legal Research
Jurisdictions
International
Trade Law
WTO Dispute
Settlement System
“Cartwheel” Approach
Developed by Professor William P. Statsky.
Aims to identify the number of terms associated to Aims to identify the number of terms associated to a given research problem to improve the overall perception of the issues involved.
Case Study: PollutionThe Cartwheel Approach by
William P. Statsky
“Cartwheel” Approach
Legal Thesauri identify terms and relationships exisiting among them:
Printed:Printed:
West’s Legal Thesaurus/Dictionary by William Statsky (West/Wadsworth)
Legal Terminology by Gordon W. Brown
Online:
GLIN Thesaurus
Strategies
of
Legal Research:
The Cartwheel
Approach
Foreign
Jurisdictions
Foreign jurisdictions
Jurisdictions
International
Trade Law
WTO Dispute
Settlement System
Legal systems of the worldUniversity of Ottawa
Brief introduction to legal resources on line. Information services, and academic websites
Legal Systems of Civil Law
Derive from Roman Law, and more specifically, the Corpus Juris Civilis (Emperor Justinian ca. 529AD).
Legislation is the primary source of law. Courts base their judgments on the provisions of codes and their judgments on the provisions of codes and statutes, from which solutions in particular cases are to be derived.
Courts reason extensively on the basis of general legal rules and principles (often drawing analogies from statutory provisions to fill lacunae and to achieve coherence).
Legal Systems of Common Law
Originally developed in England during the 12th and 13th centuries.
Cases are the primary source of law. The law is Cases are the primary source of law. The law is created and modified by courts, on a case-by-case basis. The principle of stare decisis (binding precedent) is a cornerstone of common law jurisdictions.
Online Gateways
• WashLaw WebSchool of Law of Washburn University (Topeka, KS, USA).
• LexadinThe world law guide. More than 30.000 links to legal sites in more than 160 countries.
• Global Legal Information Network (GLIN)Laws, regulations and judicial decisions - Law Library of Congress.
• Law Library of Congress – Legal guidesGuides of legal resources by countries - Law Library of Congress.
• Federal Research Division – Library of CongressHistorical, social, political and economic information on countries worldwide.
Washlaw
Lexadin
WGLIN
Law Library of Congress
FRD – Library of Congress Country Studies
Contains full-text and summary databases.Contains full-text and summary databases.Full text is available for UK legislation and EU legislation and case law. Recent issues of UK law journals. Comprehensive information on other jurisdiction also included.
http://www.westlaw.co.uk/
Online Information Services
Contains full-text cases, legislation and articles. In
particular, cases from the United Kingdom and the particular, cases from the United Kingdom and the European Union, the collection of UK legislation and a range of regional and national newspapers (the Times, Guardian, Herald and Independent, etc.).
http://web.lexis-nexis.com/professional/athens/
Lexis Nexis Professional
On-line Information Services
Contains full-text and summary databases.Contains full-text and summary databases.Full text is available for UK legislation and EU legislation and case law. Recent issues of UK law journals. Comprehensive information on other jurisdiction also included.
http://www.westlaw.co.uk/
Strategies
of
Legal Research:
The Cartwheel
Approach
Foreign
Jurisdictions
International Trade Law
Jurisdictions
International
Trade Law
WTO Dispute
Settlement System
International Trade Law
International trade law is a very complex and an ever expanding area. There are basically four levels of international trade relationships: *
Unilateral instruments (national laws) Unilateral instruments (national laws)
Bi-lateral agreements
Plurilateral agreements
Multilateral arrangements (GATT/WTO)
*John Wolff International and Comparative Law Library at the Georgetown
University Law Center
International Trade LawMain Sources
Public international law governs relationships between national governments and intergovernmental organizations.
– WTO is the only international body dealing with rules of trade between nations.between nations.
– Rules on private law commercial relationships involving different countries.
– Conventions, model laws, legal guides adopted by international organizations (UNCITRAL, UNIDROIT, UNCTAD) and the Hague Conventions on Private International Law related to contracts, recognition of judgments, commercial arbitration and sales of goods.
International organizations and institutions involved in international trade and international economic law:
World Trade Organization
United Nations Conference on Trade and Development (UNCTAD)
International Trade Law
United Nations Conference on Trade and Development (UNCTAD)
International Trade Centre
United Nations Commission on International Trade Law (UNCITRAL)
World Bank
International Monetary Fund
International Chamber of Commerce
APEC
MERCOSUR
ANDEAN Community
ASEAN
• International sale of goodsContract draftingAgency arrangementsExclusive sale arrangements
• Negotiable instruments and banker’s commercial credits
• Business activities pertaining to international trade
Examples of International Trade Law topics:
• Insurance
• TransportationCarriage of goods by sea, air, road and rail, inland waterways
• Industrial properties and copyright
• Commercial arbitration
Strategies
of
Legal Research:
The Cartwheel
Approach
Foreign
Jurisdictions
WTO Dispute Settlement System
Jurisdictions
International
Trade Law:
WTO
WTO Dispute
Settlement System
WTO Dispute Settlement System
In 1994 almost all governments of the world set up new procedures to resolve trade disputes among them by mutual agreement backed by international law and legal sanctions.
Unlike business deals where each side usually seeks an advantage Unlike business deals where each side usually seeks an advantage over the other in price, a trade deal to open markets and mantain fair regulation and competition works because it creates winners on both sides.
Purpose of the Dispute Settlement System (DSS) of the WTO is to help governments find the balance between helping firms and consumers in their own economies and ensuring that this support doesn’t reduce the gains from trade to economy as a whole.
WTO Dispute Settlement System
A WTO dispute starts when a Member informs the WTO Secretariat with a Notification that the actions, regulations or policies of another Member are damaging it and in contrast with the provisions of one or more of the WTO Agreements.
Consultations, confidential talks between the parties to the Consultations, confidential talks between the parties to the dispute, are normally held in Geneva. They can lead to a ruling on the dispute by the Dispute Settlement Board (DSB) of the WTO, unless the countries concerned reach an agreement.
A process of Conciliation is also available at the time of the consultation through the good offices of the Director General of WTO.
WTO Dispute Settlement System
The Dispute Settlement Board (DSB) is involved when Members cannot agree on the solution of the dispute.
The DSB establishes a Panel of three experts to assess the facts in light of the provisions of the Agreements. It makes recommendations for the decision of the DSB and suggests measures that should be taken to put the situation right.recommendations for the decision of the DSB and suggests measures that should be taken to put the situation right.
The Parties to the dispute may ask the Appellate Body to review the Report and recommendations of the Panel.
The DSB makes the final decision, normally adopting the recommendations of the Panel and the Appellate Body.
wto.org
worldtradelaw.net
Other websites
British and Irish Legal Information Institute
www.bailii.org
Court Service Judgmentshttp://www.hmcourts-
service.gov.uk/judgments.htm
Court of Justice and Court of First Instance (EU)
http://europa.eu.int/cj/en/index.htm
European Union Lawhttp://eur-
lex.europa.eu/en/index.htm
Current Legal Informationhttp://sweetandmaxwell.co.uk/online/cli.html
Index of Law Journalswww.washlaw.edu/lawjournal/
lex.europa.eu/en/index.htm
Council of Europehttp://conventions.coe.int
Internet Legal Resource Guide UK
www.ilrg.com/nations/uk
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