Introduction to International, Foreign & Comparative Law Research Public International Law –Treaty Search –Human Rights Search International Trade Law.

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Presentation transcript:

Introduction to International, Foreign & Comparative Law Research Public International Law –Treaty Search –Human Rights Search International Trade Law –WTO –CISG Regional Organizations –European Union as an example Foreign Law Research –Common Law v. Civil Law –European Countries Comparative Law Research

Definitions International Law –Public International Law –Private International Law (Conflicts of Law) Yukos case Foreign Law Comparative Law Not to expect everything online. Where to start? Hornbooks, Treatises, Nutshells etc. Law review articles How to deal with abbreviations? Blue Book or Biebers

Common Law v. Civil Law I Common Law Countries U.S., UK, Commonwealth Civil Law Countries Continental Europe, Asian, Middle East, Latin America Mixed Some African Counties A Great Source for overview: Foreign Law-Current Sources of Codes and Legislation in Jurisdiction of the world, by T. Reynolds & A. Flores (Call#: K38.R Reference Collection)

Common Law v. Civil Law II Common Law v. Civil Law--Personal observations: –Law School: Case book v. Hornbooks –Law Classes: Socratic (1hr) v. Lecture (3hr) –Tuition: high v. low –Exams: Analyzing v. Memorizing –Law making: Judges v. Scholars –Law making: Case by case v. Laying out all contingencies –Judicial Review: Norm v. Exception –Jurisprudence: highly practical v. highly theoretical –Judge selection: lawyer-judges v. student (scholar)-judges –Judgment: Long (with dissent) v. short (W/O dissent) –Attorneys: Active role v. Passive role

Source:Copyright ©2002, William M.K. Trochim, All Rights Reserved

Foreign Law Research Not as easy as finding U.S. law Useful Sources Thomas H. Reynolds & Arturo A. Flores, Foreign Law-Current Sources of Codes and Legislation in Jurisprudence of the World (K38.R , Reference Collection) Online Research Guide Muligan and Liu’s Foreign Primary Law on the WebForeign Primary Law on the Web LLRX.com Resource Center - Comparative and Foreign Law Foreign and International Law Sources on the Internet: Annotated GlobalexGlobalex LexisNexis (Legal (excluding U.S.) ) Reference Librarians

Comparative Law For academic research, not for practice Occasionally play a role in the U.S. Supreme Court ROPER V. SIMMONS ( ) 543 U.S. 551 (2005) 112 S. W. 3d 397, affirmedROPER V. SIMMONS Audio Clip: Oral Argument (MP3/SMIL) minutes Oral Argument (MP3/SMIL)

International Law Resources

Different Search Strategies For common Law jurisdictions –Cases –Statutes –Secondary Sources: Leading treatises, law reviews For civil law jurisdictions –Civil code –Occasionally cases, but don’t expect to get much from the contents –Secondary Sources: Leading Treatises, law reviews

Sources Online Free (google.com) Subscription (westlaw, lexis etc) Books and Journals in this library UH Library Catalogue Worldcat Books from other Libraries Interlibrary Loan Service

Books and Journals UH catalogue –Page books from other branches Worldcat Interlibrary loan books from other libraries- summit your request early. It will take 2 to 3 weeks. Interlibrary loan online

Choosing a topic Current Unique Doable

Research and Writing “Stones and wall” analogy –Creatively use sources Outlining may not work –Begin in the middle –Flash cards and summaries –Moving ideas around Master v. Slave –Slave of materials –Master of materials (be in control) Footnote and ethics Find your own tone