Foreign and International Legal Research University of Wisconsin Law library

Foreign Law Research: A Brief Overview For purposes of Foreign Law Research in the United States, the term “Foreign Law” covers any domestic law of a nation outside of the U.S.

One Possible Research Strategy Step 1: Examine secondary sources to determine topic/jurisdiction Step 2: Decipher foreign legal abbreviations/citations Step 3: Learn about country’s legal system and sources of Information - is it a civil law, common law, mixed, or religious legal system? - is it a republic or parliamentary democracy? Step 4: Identify the type of information you need -Statute? Case? Journal Article? Treatise? Step 5: Find the relevant source -identify title and format (print/online) of the code, reporter, etc.

Research Strategy Step 1: Determine Topic/Jurisdiction Comparing Labor Laws in Germany and the UK

Multinational Sources Compared

One Possible Research Strategy Step 1: Examine Secondary Sources to Determine Topic/Jurisdiction Step 2: Decipher Foreign Legal Abbreviations/Citations Step 3: Learn about Country’s Legal System and Sources of Information -Is it a civil law, common law, mixed, or religious legal system? -Is it a republic or parliamentary democracy? Step 4: Identify the Type of Information You Need -Statute? Case? Journal Article? Treatise? Step 5: Find the Relevant Source -identify title and format (print/online) of the code, reporter, etc.

Deciphering a Citation … § 1 Gesetz über die politischen Parteien (Parteiengesetz) v. 31.1.1994, BGBl. I 1994, p. 149

Deciphering a citation …

One Possible Research Strategy Step 1: Examine Secondary Sources to Determine Topic/Jurisdiction Step 2: Decipher Foreign Legal Abbreviations/Citations Step 3: Learn about Country’s Legal System and Sources of Information -Is it a civil law, common law, mixed, or religious legal system? -Is it a republic or parliamentary democracy? Step 4: Identify the Type of Information You Need -Statute? Case? Journal Article? Treatise? Step 5: Find the Relevant Source -identify title and format (print/online) of the code, reporter, etc.

Research Guides- Some Examples Law Library Guide to Research in Germany Globalex.com The Foreign Law Guide (Marci Hoffman, Editor)

Law Library Country/Region Specific Research Guides Canada Chile Germany Great Britain India South Asia Mexico Peru

Brill’s Foreign Law Guide can help you execute final steps of research strategy … Step 3 Learn about Country’s Legal System and Sources of Information Step 4: Identify the Type of Information You Need Step 5: Find the Relevant Source

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Germany Legal Research Guide

Other Frequently Used Databases Oxford Reports on International Law in Domestic Courts -Selected cases from foreign jurisdictions in English, with commentary World Constitutions Illustrated(HeinOnline) - Search current and historical Constitutions across multiple nations. World Legal Information Institute - Gateway to freely available foreign caselaw and legislation around the world

Public International Law Research: A Brief Overview Public International Law governs: the relationship between governments dealings between international organizations (e.g. UN, WTO) the relationship between national governments and international organizations

Sources of International Law Article 38(1) of the Statute of the International Court of Justice (I.C.J.) defines customarily recognized sources: International Agreements/Conventions (e.g. treaties) Customary International Law (general practice of states and international bodies) General Principles of law (recognized by nations) Judicial Decisions (both Int’l & Nat’l Courts) Writings of Int’l Law Scholars (secondary sources).

International Law: One Possible Research Strategy 1- Examine Secondary Resources for Background Info and to Determine if there is a Treaty on the Topic. 2- If No Treaty, look at “customary international law,” judicial decisions, scholarly treatises. 3- If there is a Treaty, then Research begins here.

Search Topic: Conserving Biological Diversity  

Treaty Research: Three Common Steps Use an Index/Database to Retrieve the Full Text of the Treaty Check Treaty Status -which countries are parties? -has treaty “entered into force”? -has your country of interest ratified it? -any declarations, reservations, or subsequent amendments? If Treaty text ambiguous, check Legislative History

Top Sources for Treaty Research United Nations Treaty Series Online [Best for Checking Treaty Status] -includes the United Nations Treaty Series from 1945 to the present, containing more than 100,000 bilateral and multilateral treaties. Also includes texts of supplementary documents, including declarations and reservations. HeinOnline World Treaty Library [Best for U.S. Treaties and Historical Treaty Research] -includes US treaties, League of Nations treaties, United Nations treaties, and many more smaller treaty collections from 1648 to the present, in one searchable full text database. Also includes scholarly articles and bibliographies related to treaties.

Treaty Research: Three Common Steps Use an Index/Database to Retrieve the Full Text of the Treaty Check Treaty Status If Treaty text ambiguous, check Legislative History

Researching Treaty Legislative History Travaux Preparatoire “Domestic” Legislative History

Treaty History - Travaux Préparatoires The documents, such as memoranda, minutes of conferences, and drafts of the treaty under negotiation, for the purposes of interpreting the treaty. Difficult to locate. Best bet as first step is to locate organization sponsoring treaty negotiation (often the U.N.) For an excellent guide on researching Travaux Préparatoires, see: http://www.nyulawglobal.org/globalex/Travaux_Preparatoires.htm

“Domestic” Treaty Legislative History Ratification procedures and availability of documents depends on jurisdiction. In some countries, treaties automatically become binding national law when treaty “enters into force.”

Domestic Treaty Legislative History: United States ProQuest Legislative Insight - Best for compiled legislative history when implementing legislation has been passed. Proquest Congressional - Best for congressional documents when U.S is a party to a treaty, but has not ratified.