Researching the Law of a Foreign Country – Online Resources

Tove KlovningLecturer in LawProfile: 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 organizationTopicalCheck 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/database/libint.asp

Non-Legal Periodical Indexes may alsoProvide 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 ExerciseAnswer 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.

 

SourcesMorris 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.doc. (no longer accessible) She is the International & Foreign Law Librarian at the E.B. Williams Law Library, Georgetown University Law Center.