1. Foreign and International Legal Research
University of Wisconsin Law library

2. 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.

3. 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.

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

5. Multinational Sources Compared

7. 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.

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

9. Deciphering a citation …

11. 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.

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

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

14. 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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17. Germany Legal Research Guide

19. 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

20. 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

21. 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).

22. 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.

23. Search Topic: Conserving Biological Diversity

27. 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

28. 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.

30. 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

31. Researching Treaty Legislative History
Travaux Preparatoire
“Domestic” Legislative History

32. 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:

33. “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.”

34. 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.