Conducting Foreign and Comparative Legal Research Prepared and presented by Alison Shea (aashea@law.fordham.edu) 5 STEPS OF FOREIGN LEGAL RESEARCH 1. What is the structure of the legal system you are intending to research? Is it a common law system, a civil law system, a mixed system? Is it influenced or complemented by a separate body of religious law or a socio-political system? Is there a supranational organization that also affects domestic law? If there are multiple sources of law that govern the jurisdiction, it is imperative that you recognize this ahead of time and consult each of those sources for relevant documentation Be sure that you have a solid grounding in the system you are looking to research, otherwise the actual process of locating what you need will be more difficult and time-consuming Use the Foreign Law Guide (detailed in #3) to find this information 2. Identify exactly what you need—a case, a statute or law, etc.—and how you need it Do you already have a citation, or will you need to consult some type of finding aid to locate the legal document you need? If you have a citation but do not know to what it is citing to, use a source like Prince's Bieber Dictionary of Legal Abbreviations or the NYU Guide to Foreign and International Legal Citations (both available at the Reference Desk) Will you be able to read it in its original language, or will you need to locate an English translation? If you cannot read the native language of the source but do not need an official English translation at this point, Google Translate (http://translate.google.com) will be your new best friend There are a number of commercial translation services that will translate the original full text source into English if you need to submit the source to a court Will an electronic version be sufficient or will you need to locate the authentic print copy? Remember that most jurisdictions outside the US do not have the same rules regarding print as the most authoritative source, so there is, increasingly, every possibility that the source you are looking for (especially case law) will be “born digital” and might not ever be printed Similarly, do you need the authentic full-text of the item, or would a detailed explanation or summary of the law (in English) be sufficient? If so, consider using a secondary source first [see #4 for suggestions] The Leo T. Kissam Memorial Library 3. Identify the sources of law for the country and locate those sources where available in the library’s collection by running a catalog search. Use the following resources to determine what you are looking for: Foreign Law Guide: This source is the best starting point when you do NOT have a citation or do not know where to look for a particular law. It is arranged by country, although not every country has an entry. Each entry will include a comprehensive essay detailing the development and function of the country’s legal system, followed by a finding aid tool for the major sources of law (i.e., codes/statutes, case law, etc.). The rest of the entry is organized alphabetically by topical subject headings (i.e., Antitrust, Bankruptcy, Corporate law, etc.) which will list both where you can find major controlling legislation for that topic as well as where you can find the topic discussed generally. o Fordham Law subscription database, access through this link: http://lawlib1.lawnet.fordham.edu/eresources/erlinks/for_gen.html GlobaLex: A fantastic source for research guides on any number of foreign, international and comparative law sources. The information and articles published by GlobaLex represent both research and teaching resources used by legal academics, practitioners and other specialists around the world who are active either in foreign, international, and comparative law research or those focusing on their own domestic law o http://www.nyulawglobal.org/globalex/index.html DoingBusiness (business and gender laws): my all-time favorite site for free authentic full-text sources, in English whenever possible, this site is run by the World Bank and is the largest free online collection of business laws and regulations for almost every jurisdiction that the World Bank deals with, and now includes a compilation of gender laws intended to highlight how easy it is for female entrepreneurs to start a business o http://www.doingbusiness.org/lawlibrary/ ASIL’s Electronic Research Guides: sponsored by the American Society of International Law, this site includes a number of research guides on comparative international legal topics that may be useful in pointing you towards relevant domestic legal sources on topic o http://www.asil.org/erghome.cfm Worldliis: The World Legal Information Institutes are free, independent and nonprofit access to worldwide law for a variety of jurisdictions, particularly good for UK materials (BAILII) and Asian-Pacific jurisdictions (AsianLII and PacLII) o http://www.worldlii.org/ LoC/GLIN: The Global Legal Information Network, run by the Library of Congress, is a public database of official texts of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations in their original languages. Each document is accompanied by a summary in English and, in many cases in additional The Leo T. Kissam Memorial Library languages, plus subject terms selected from the multilingual index to GLIN. Unfortunately it only contains information for about 30 countries at the present time, and even then the coverage can be spotty o http://www.glin.gov/ NATLEX (labor law): database maintained by the International Labour Organization (ILO) of national labour, social security and related human rights legislation. Records in NATLEX provide abstracts of legislation and relevant citation information, and they are indexed by keywords and by subject classifications. Each record in NATLEX appears in only one of the three ILO official languages (English/French/Spanish). Where possible, the full text of the law or a relevant electronic source is linked to the record. o http://www.ilo.org/dyn/natlex/natlex_browse.home 4. If you prefer to start with a comparative source rather than locate individual jurisdictional sources, or if you have consulted the aforementioned compilations and are still unable to locate what you are looking for, consult a secondary source Secondary sources often provide commentary on the legal issue, put the legal issue in context, and/or provide a summary of the relevant legal documentation Locate secondary sources in relevant research guides and through searching the library’s catalog Various compilations reprint subject-specific legislation in English with some commentary. Examples of titles held in our library include: Constitutions of the countries of the world (electronically through our electronic resources page and in print K3157.A2 C66) Comparative Environmental Law and Regulation (K3585.4 .C65) Investment Laws of the World (K1112 .A47 I59) International Copyright Law and Practice (on LEXIS and in print K1420.5 .I5) 5. When all else fails, ask a librarian! Please feel free to contact me (aashea@law.fordham.edu, 212-636-6751, or in person at the reference desk) or any of our other reference librarians (why not try our virtual reference service: http://lawlib1.lawnet.fordham.edu/virtref) COMPARATIVE LEGAL RESEARCH GUIDES Globalex’s Comparative Law research guide: http://www.nyulawglobal.org/globalex/Comparative_Law1.htm Duke’s Foreign and Comparative Law research guide: http://www.law.duke.edu/lib/researchguides/foreign.html Georgetown’s Foreign and Comparative Law research guide: http://www.ll.georgetown.edu/guides/ForeignandComparativeLaw.cfm The Leo T. Kissam Memorial Library