Researching Foreign Law: A Tutorial by the Georgetown University Law Library Part I: Overview of Foreign Law Research Copyright 2010 Georgetown University Law Library. What Is Foreign Law? Foreign law can be defined as: generally, the law of another country (Black's Law dictionary (8th ed. 2004)). "Foreign Law" is sometimes used by US legal researchers when referring to the national law of any country other than the United States" (Marci Hoffman & Mary Rumsey, International and Foreign Legal Research: A Coursebook (2008)). Tutorial Outline In this tutorial you can learn about... how to locate translations of foreign legal resources and how to locate foreign language legal resources Page 1 of 92 Is Foreign Language Proficiency Required to Locate Foreign Laws? No, it is not necessary; however, you will have to rely on someone else's translations and interpretation of the relevant legal resources. Even those proficient in a foreign language need to verify that they are using the relevant legal language and resources. Is There Always an Official Translation? No, but sometimes you can find summaries or unofficial translations. Secondary resources (e.g. books, journal articles) are always a good place to look for citations both to the original language and to translations! A Few More Points about Translations Translations can be located in many different places (i.e. there is no "one" database, etc.) 1) Official translations are rarities. 2) Governments generally only have one official language, but sometimes they can have more than one. 3) Reasonable minds can disagree on the "correct" translation. Whenever possible try to find multiple translations for comparison. 4) When using any translation, note who created it, when it was created, and the date of the law translated. A translation could be very recent but the law could be superseded. Page 2 of 92 Foreign Legal Resources Vary Greatly However, there are some similar basic categories: Constitutions Cases Statutes/Codes Commentary What's Ahead? You can learn about how to locate foreign language and translations of Constitutions Cases Statutes/Codes Commentary The next part of this tutorial will teach you how to locate foreign constitutions. Page 3 of 92 Researching Foreign Law: A Tutorial by the Georgetown University Law Library Part II: Finding Foreign Constitutions Copyright 2010 Georgetown University Law Library. Some Background First ... Constitutions outline the governmental structure and basic legal principles governing a jurisdiction. There may be multiple sources of authority (e.g. religious law, etc.), but the constitution is usually the supreme law governing a jurisdiction. A constitution can be amended regularly. Also, depending on the jurisdiction, a written constitution may not exist. Now, how to find a constitution . . . Page 4 of 92 A Translation of a Constitution You may find a translation online, but rarely as an official document, even if posted by the foreign government. Official translations are a rarity, even in print. Sometimes a current translation may be hard to find. Now, how to find a constitution . . . Locating Translations of Constitutions Some of the most frequently used databases (free and subscription based) are... Constitution Finder (Free- hosted by the University of Richmond) International Constitutional Law (Free - collaborative effort hosted by the Institut für öffentliches Recht, Universität Bern - materials in English) Constitutions of the Countries of the World (Georgetown Law Only) HeinOnline: World Constitutions Illustrated (Georgetown Law Only) Page 5 of 92 Research Problem: Locate a translation of Mexico's constitution. We Are Going to Look in ... Constitutions of the Countries of the World, is a subscription database with background information, bibliographies and timely translations of constitutions from around the world. Page 6 of 92 Page 7 of 92 Tip: this list is the best way to look for a translation. Page 8 of 92 Page 9 of 92 Tip: Notice the background information and resources for further research. Tip: Notice the translations of previous versions. Page 10 of 92 Here is the Answer to the Research Problem Page 11 of 92 Tip: The constitution is current as of this date, not when the translation occurred. Page 12 of 92 Tip: the Table of Contents provides an overview of the organization of the Mexican constitution. Page 13 of 92 Tip: Included are a few original language terms. Page 14 of 92 Tip: When available, this links to a PDF of the foreign language resource that was translated. Page 15 of 92 Page 16 of 92 Locating a Foreign Language Version of a Constitution Official Texts Official versions of foreign language constitutions are generally only available in print. Online versions are rarely official even when provided on a government web site. Depending on the jurisdiction, official versions can be difficult to locate. Now, how to find a constitution . . . Page 17 of 92 Research Problem: Locate Mexico's constitution in the original language. Where to Start? One of the best places to start is Foreign Law Guide, a subscription database with information about official publications; legal history and structure; and available online resources. Now, we will look in Foreign Law Guide. . . Page 18 of 92 Page 19 of 92 Tip: This list is the fastest way to find a jurisdiction. Page 20 of 92 Tip: Available information varies by jurisdiction. Page 21 of 92 Page 22 of 92 Tip: Direct links to online resources are annotated. Page 23 of 92 Page 24 of 92 Page 25 of 92 Tip: Notice the date for this version of the constitution. Page 26 of 92 Tip: These links allow for easy navigation to each article of the constitution. is the Answer to the Research Problem Page 27 of 92 Tip: These are the dates when this was published in the Diario Oficial. Page 28 of 92 Tip: An advantage of this resource is its linking to recent amendments. Page 29 of 92 Page 30 of 92 Tip: The most recent consolidated version of the constitution was from 10 Abril 2010 - there are already new amendments. Page 31 of 92 Tip: This PDF of the Diario Oficial is freely available online for only one month after publication- then it is only available in print or online through a subscription. The next part of this tutorial will teach you how to find foreign statutes and codes. Page 32 of 92 Researching Foreign Law: A Tutorial by the Georgetown University Law Library Part III: Finding Foreign Statutes & Codes Copyright 2010 Georgetown University Law Library. Some Background First ... Statutes/Codes... Do not have effect outside of their national boundaries, but can regulate foreign entities within their boundaries. Can determine the principles of law to a greater extent than case law in civil law jurisdictions. Official versions are generally only available in the original language and in print. They are published in gazettes. Official translations are rare. Now, how to find statutes/codes... Page 33 of 92 Locating a Translation of a Statute/Code Research Problem: Locate a translation of Poland's antitrust law. Where to Start? Foreign Law Guide, a subscription database, is one of the best places to start It is organized by jurisdiction and provides citations to statute/codes provides links to and/or further information about how to locate translations. Next, we will look at the Foreign Law Guide database. Page 34 of 92 Page 35 of 92 Tip: This list is the fastest way to find a jurisdiction. Page 36 of 92 Page 37 of 92 Tip: Notice there is a brief legislative history of the act, along with citation to a current legal analysis of the relevant statute/code. Page 38 of 92 Page 39 of 92 Tip: Foreign Law Guide indicated "consumer protection" covers the topic of antirust. Page 40 of 92 Page 41 of 92 Page 42 of 92 Locating a Foreign Language Version of a Statute/Code Research Problem: Locate Poland's antitrust law in the original language. Where to Start? Besides using Google, how would you locate a foreign language version of a statute/code? One place to start is WorldLII, a free database including selective statutes/codes from around the world. Next, we will look at the WorldLII. Page 43 of 92 Page 44 of 92 Page 45 of 92 Tip: Notice the other resources and information; "Legislation" is also a good choice. Page 46 of 92 Tip: This link goes to the relevant government section, which regulates competition law (including antitrust). Page 47 of 92 Page 48 of 92 Tip: This is a select list of relevant laws and requires updating -there is no guarantee they are current. Page 49 of 92 The next part of this tutorial will teach you how to find foreign case law. Page 50 of 92 Researching Foreign Law: A Tutorial by the Georgetown University Law Library Part IV: Foreign Case Law Research Copyright 2010 Georgetown University Law Library. Some Background First ... Foreign case law... is not always officially published, or published at all; does not always have precedential value - i.e. determine the rule for future similar cases; is less of an influence on the principles of law in civil law jurisdictions; and may not be translated Official translations are rare. Now, how to find case law. . . Page 51 of 92 Locating Translations of Case Law Translations of Case Law Translations of case law may be available online, but rarely as an official document, even if provided by government; can take a long time to appear after the original language version; can appear as summaries (i.e. mentioned in a law review article, loose-leaf etc.) faster than full text translation; and may sometimes not be available. Now, how to find a translation of case law. . . Page 52 of 92 Locating Translations of Case Law There is no "one-stop shopping" or central database with all the case law of the world translated. The following secondary resources are good places to look: Journal Articles e.g. U.S. and Foreign journals Yearbooks e.g. Netherlands Yearbook of international law Web sites of legal institutions, organization, etc., e.g. Derecho.org Law Reports e.g. African Human Rights Law Reports, International Law Reports Research Problem Locate a translation of a case from the Netherlands, where the parties could not file for divorce in Malta but could in the Netherlands. Page 53 of 92 One Place to Start A yearbook may be a good starting point. Yearbooks highlight significant legal developments within the last year. Yearbooks can cover a jurisdiction with a range of legal topics (e.g. Japanese Yearbook of International law). They can cover a topic with a range of jurisdictions (e.g. the Yearbook of Environmental Law). Some yearbooks have full text translations of case law; others will only have an article, a summary, etc. (which can help determine if a translation is available). Next, we will look at a yearbook. . . Page 54 of 92 Tip: This information indicates how, why and where they get their legal information. Tip: This yearbook is available (in print and online) through the Georgetown Law Catalog. Page 55 of 92 Tip: Search with the keywords Malta and divorce. Page 56 of 92 Page 57 of 92 Tip: This search result mentions judicial decisions. Page 58 of 92 Tip: This indicates which courts, when and how the case law was collected. Page 59 of 92 Tip: This citation is to the original case - the correct citation for the translation would be to the Yearbook. is the Answer to the Research Problem Page 60 of 92 Tip: "person's status" is a phrase that has a particular legal meaning; knowledge of a jurisdiction's legal structure will help you spot legal terms of art. Page 61 of 92 Locating Foreign Language Case Law Some Background First... Foreign language case law may be online but rarely as an official document, even if provided by a government; may or may not be readily available in print or online (varies by jurisdiction); and is rarely reported completely in just one database or publication. Now, how to find foreign language case law. . . Page 62 of 92 Locating Foreign Language Cases Locating case law requires a mix of print and electronic resources. Below is a brief list of places to start: Foreign Law Guide (subscription database) indicates the major publications of case law and if they are online and/or in print. The World Law Guide (Lexadin)-Court & Cases section (free online) has links to the various courts within jurisdictions throughout the world. WorldLII is a free web site including selective case law from around the world. Research Problem: Locate, in the original language, a Netherlands case where the parties could not file for divorce in Malta but could in the Netherlands. Where to Start ... WorldLII does not have complete full text access to all the case law for all the jurisdictions of the world. However, for many jurisdictions, there are briefly annotated links for locating foreign law cases in the original language. Next, we will look at WorldLII . . . Page 63 of 92 Tip: WorldLII is available at http://www.worldlii.org. Page 64 of 92 Page 65 of 92 Page 66 of 92 Page 67 of 92 Page 68 of 92 Page 69 of 92 Page 70 of 92 Here is the Answer to the Research Problem The next part of this tutorial will teach you how to find commentary on foreign law. Page 71 of 92 Researching Foreign Law: A Tutorial by the Georgetown University Law Library Part V: Finding Commentary Copyright 2010 Georgetown University Law Library. Some Background First Commentary may be found in secondary sources, such as books, journal articles, loose-leafs, etc.; can be considered on the same level with primary sources in civil legal systems; and may be a mix of print and online resources. Now, how to find a commentary . . . Page 72 of 92 Locating Commentary Commentary can be located by topic or jurisdiction or a combination of both. These types of secondary sources are good places to look: Books topic- Women's Land Rights & Privatization in Eastern Africa jurisdiction- Canadian Constitutional Law Journal articles Singapore Journal of Legal Studies many foreign law journals are online (search beyond Lexis and Westlaw) Legal Encyclopedias International Encyclopedia for Labour Law and Industrial Relations Halsbury's Laws of England Research Problem: Locate commentary on "common law marriage" in Sweden. Where to Start? By keyword searching in the Georgetown Law Library catalog, you can quickly locate books, e-books and even chapters in books on this topic. Books can quickly provide you with a comprehensive overview of a legal topic; and a wealth of additional resources through citations and footnotes to translations and foreign language resources. Next, we will search in the Georgetown Law Library catalog . . . Page 73 of 92 Tip: keyword will retrieve results from any place these words appear. Page 74 of 92 Tip: Notice both a print and e-book are available for this text. Page 75 of 92 Tip: You can click on the title for more information about the book. Page 76 of 92 Tip: Search within this book for "Sweden" to locate commentary by selecting this option. Page 77 of 92 Page 78 of 92 Tip: The footnote on the legal history of cohabitation of unmarried couples is hyper linked making it easy to access and read. Here is commentary to answer the Research Problem Page 79 of 92 Tip: This book would be another resource for more commentary on this topic. How do you find a copy of this book? Page 80 of 92 Tip: Searching by title is a fast way to locate a book in law library. Page 81 of 92 Tip: INTL is the John Wolff International and Comparative Law Library located in Hotung. Here is more commentary to answer the Research Problem Page 82 of 92 Tip: Going back to the Common Law Marriage e-book from before, there are more current resources listed in the footnote. What is SC.ST.L.? Page 83 of 92 Deciphering Legal Abbreviations This brief list is a good place to start: Index to Legal Citations and Abbreviations by Raistrick INTL K85 .R3 2008 Bieber's Dictionary of Legal Abbreviations INTL REF KF246 .B46 2001 and on Lexis (Legal > Reference > Law > Bieber's Dictionary of Legal Abbreviations) Cardiff Index to Legal Abbreviations, free online provided by the Information Services, Cardiff University with publications from over 295 jurisdictions Next, we will decipher "SC.ST.L." in Cardiff Index . . . Page 84 of 92 Tip: The Cardiff Index is available at http://www.legalabbrevs.cardiff.ac.uk/. Page 85 of 92 How do you find this journal? Page 86 of 92 Tip: Searching by title is a fast way to locate a journal in law library. Page 87 of 92 Tip: Both print and online are available. Page 88 of 92 Page 89 of 92 What was the citation? 38 Sc.St. L. 197, 206 (1999). Page 90 of 92 Here is more commentary Research Problem Page 91 of 92 Tip: Going back to the Common Law Marriage e-book from before, there are even more resources for commentary. This concludes Researching Foreign Law Administrative Law Research: A Tutorial by the Georgetown Law Library.wer the Research Problem Page 92 of 92