Introduction to
Foreign Legal Research
April 2012
Overview
• Basic introduction
• Out-of-class research exercise will be
distributed later this week
• Want to learn more? E579 International and
Foreign Law Research
Definitions
• Foreign Law
– The national, or domestic, law of any country
other than the one within which you are working
– No effect outside the boundaries of that nation
• Comparative Law
– The study of the similarities and / or differences between
two or more countries or between two or more legal
systems
Comparative Law
Research Strategy
• Preliminary analysis
– Assess knowledge
– Use secondary sources to get background on topic
• Retrieve and analyze primary legal materials
(constitutions, legislation, regulations, cases)
• Update your research and refine conclusions
Research Guides
• Written guidance on how to research a particular
jurisdiction or topic of law
– Descriptions of print and online sources for researching a
particular country’s law, or a particular foreign law topic
– Can help identify sources of English-language translations
of laws
• Gallagher Foreign, Comparative, and International
Law Guide:
http://lib.law.washington.edu/ref/fcil.html
• Other Guides:
• Globalex (NYU) http://www.nyulawglobla.org/globalex/
• LLRX http://www.llrx.com/category/1050
FOREIGN LAW:
PRIMARY SOURCES
COMMON LAW SYSTEM (E.G.,
UNITED STATES)
•
•
•
•
Constitutions
Statutes/Codes
Regulations
Cases
CIVIL LAW SYSTEM (E.G.,
FRANCE)
• Constitutions
• Statutes/Codes
• Regulations
Overview of a Foreign
Nation’s Legal System
• Modern Legal Systems Cyclopedia K530 .M63
1984 (Reference Area)
• Foreign Law Guide (a/k/a “Reynolds & Flores”)
– Gallagher home page > Selected Databases
Class Exercise
• Use Foreign Law Guide
http://www.foreignlawguide.com/ip/ and
Globalex
http://www.nyulawglobal.org/Globalex/)
• Compare entries for South Africa. Information
on:
– legal history?
– guidance on how to cite legal materials?
– identification of bankruptcy laws?
– information on structure of judicial system?
Constitutions
• Constitutions of the Countries of the World
K3157.A2 B58 1971 (Reference Area)
• Constitution Finder, University of Richmond
http://confinder.richmond.edu
Finding Foreign Legal
Materials Online: Commercial Sources
• Westlaw
– Westlaw Classic: Select the DIRECTORY >
International/Worldwide Materials > Select region
– WestlawNext: Select the DIRECTORY > International
Materials > International/Worldwide Materials > Select
region
• LexisNexis
– Primary foreign law databases
• Select LEGAL Tab > Area of Law by Topic > Foreign Laws and
Legal Sources > select country or region
– Martindale Hubbell International Law Digest
• Legal > Area of Law by Topic > Foreign Laws and Legal Sources >
International Law Digests > select region
Finding Foreign Legal
Materials Online
• Law Library of Congress Guide to Law Online
http://www.loc.gov/law/help/guide.php
• NYU Law Library, Foreign Databases by
Jurisdiction
http://www.law.nyu.edu/library/research/fore
ign_intl/foreigndatabasesbyjurisdiction/index.
htm
Class Exercise
• Use Library of Congress, Guide to Law Online,
http://www.loc.gov/law/help/guide.php and
NYU
Law Library, Foreign Databases by Jurisdiction
http://www.law.nyu.edu/library/research/foreign_intl/foreign
databasesbyjurisdiction/index.htm
• Compare information on laws of Israel. Does each site have:
–
–
–
–
Links to court cases in English?
Online access to treaties to which Israel is a party?
Link to Executive branch website?
Links to online sources for full-text laws, in English?
Researching Foreign Law
by Subject
• Subject compilations of foreign laws in print
– E.g., RIA Worldwide Tax Law/Tax Laws of the World,
K4504.15 (Reference Area)
– Use Library of Congress, Multinational Collections
Database to identify publications that contain foreign laws
on specific subjects
http://www.loc.gov/lawweb/servlet/Glic?home
• IGO and NGO websites
– E.g., World Bank - Doing Business
http://www.doingbusiness.org/law-library
• Compilation of business laws and regulations from almost every
member jurisdiction)
Evaluating Online Information
• Is it reliable?
– Who is the author?
– Currency?
– Scope?
• Translation issues
– Official translation?
– May not include latest revisions/amendments
– Look for official government websites
Foreign Law Research: Take-Aways
• When beginning your research:
– Use secondary sources for basic background and citations
to primary law
– Consult a research guide
• Many good online guides; all vary in coverage so you may need to
consult more than one
– Identify your country’s legal system (civil law, common law,
other?)
• Search for primary law by jurisdiction or by subject
– May need to consult multiple sources for primary law;
coverage varies
– Be persistent but realistic; sometimes you may have to
settle for summaries
Need help?
Contact the Reference Office
543-6794 or
http://lib.law.washington.edu/questions.html