Researching the Law of a Foreign
Country – Online Resources
Tove Klovning
Lecturer in Law
Profile: http://law.wustl.edu/faculty/index.asp?id=866
Washington University in St. Louis School of Law
©2004 -2008, updated 5.31..08
Foreign Law
Definition?
How many legal traditions/systems are
there? Any suggestions?
The Legal Research Process
Methods will vary according to the nature of
the problem and will depend on the
researcher’s subject expertise and research
skills.
“In the end, you must develop the research
and writing methodology that you find most
effective.” (Roy M. Mersky & Donald J. Dunn,
Fundamentals of Legal Research (8th ed.
2002).
In order to carry out effective legal research,
you will need to know what resources are
available, and when and how to use them.
Will you be able to handle the question
without consulting an attorney in the foreign
jurisdiction or a specialist in that jurisdiction?
Things to think about
For what country?
Are you looking for a case, code, statute,
administrative rule or decision, treaty,
secondary sources etc.?
Can you understand the language? On what
topic?
How recent do the materials have to be?
Do you know anything about the
legal/political system?
Important: The Big Picture
Always get an overview of the subject
area before getting specific.
Learn what to look for in your
jurisdiction.
“The best strategy is almost always to
use a combination of search tools and
techniques”. Berring: How to Find the Law (9th ed.
1989).
Keep in Mind that:
The materials may be more difficult to
get to than U.S. materials.
The publication process and hierarchy
of foreign law may also differ from what
a US educated lawyer is used to
working with.
Search Strategies
Jurisdictional by country or organization
Topical
Check out web pathfinders at prominent
research libraries
Deciphering citations – often a
difficult task
Bieber’s Dictionary of Legal Abbreviations for
sources published in Anglo-American
countries for a citation (Law Reserve
KF246.B52001)
The Bluebook, in its Tables (T.2), offers a
passable list of important foreign statutory
publications and case reporters that helps to
make sense of their full titles, chronology and
coverage.
Indexes - Databases
Index to Foreign Legal Periodicals
Legal Track
Index to Legal Periodicals
Subscription Databases: Foreign and
International Law
Consult subscription databases at
http://www.law.wustl.edu/library/datab
ase/libint.asp
Non-Legal Periodical Indexes may also
Provide Useful Information
For a complete list, go to Olin's website
and select "Databases: Journal Indexes
& More
Internet Caveats
Anybody can post anything to the Web,
it is therefore important to evaluate
information with a critical eye.
Not everything is available on the Web.
If you don't know the source of the
information, take it with two grains of
salt!
(Washington University in St. Louis School of Law Library)
When would you use this and
why?
8 Possible Steps in Identifying and
Locating International and Foreign
materials
1. Consult pathfinders.
2. Consult the library’s catalog for text books
by subject /title or keyword.
3. Search WorldCat/First Search for sources
that are not in our library.
4. Search in indexes/databases for articles.
5. Search for Country and Organization
WebPages on Google.
6. Do a topic search on Google.
7. Ask a law librarian to help you.
8. Join a list serv.
Summary
Some times a research question is just
a telephone call away.
Remember to educate yourself both
with regards to the history, culture,
geography - as well as the legal system
you are researching.
Remember to authenticate your work.
Foreign Law Exercise
Answer the questions below.
COUNTRY: ______________________________
1. Is there a research guide, an article, or a book (or a chapter
within a book) that describes the legal system of your the
country you have selected for your presentation? Describe the
process you used to locate this material. Provide the
bibliographic information (location of publisher, publisher, date)
about the book or article and provide an annotation describing
the source (use the Legal Sources Worksheet as a guide for the
information to include in the annotation). Include the relevant
Library of Congress subject headings.
2. Does your country publish codes, an official gazette, statutory
compilations, or session laws? What tool did you use to find out
this information? If possible, list at least two of the relevant
sources for legislation. If your country is not English speaking,
are there any sources of legislation available in English? What
Library of Congress subject headings would you use to locate
these tools on a library online catalog?
3. Does your country publish its case law? If possible, describe two
sources for court decisions. If not, provide an explanation why
there are no such publications.
4. Can you locate a web site that provides access to the laws for
your country (either a free site or by subscription)? Describe
how you located this web site and what kind of information is
available.
Sources
Morris L. Cohen et. al , How to Find the Law (9th ed. 1989).
Roy M. Mersky & Donald J. Dunn, Fundamentals of Legal Research (8th ed.
2002).
Websites listed in this presentation.
Questions in this presentation are adapted from Marci Hoffman’s Spring 2003
International and Foreign Legal Research Seminar at:
http://www.ll.georgetown.edu/webpages/mhoffman/iflr/foreignlawexercise.do
c. (no longer accessible) She is the International & Foreign Law Librarian at
the E.B. Williams Law Library, Georgetown University Law Center.