Foreign Law Comparative Law Transnational Law A Word
- Slides: 109
Foreign Law Comparative Law Transnational Law
A Word re translations • may not exist • probably not official • might have to pay Suggested reading: • Smith, A Foreign Law in Translation, in Introduction to Foreign Legal Systems at pp. 267 -76 • Yates, "Scaling the Tower of Babel Fish: An Analysis of the Machine Translation of Legal Information, " 98 Law Library Journal 481 (2006)
Useful Titles: • International Encyclopedia of Comparative Law • International Encyclopaedia of Laws • Germain's Transnational Law Research
International Encyclopaedia of Laws • each individual title includes country-bycountry monographs describing how each nation addresses the legal subject • some subjects include “codex” volumes with international treaties and possibly national legislation & case law
International Encyclopaedia of Laws
Germain’s Transnational Law Research • target audience is practicing attorneys • especially helpful for transnational litigation • includes research methodology as well as information about resources
Research Resources: Foreign/Int’l
China multi Americas China U. K. India
multi Germany multi
Research Guides, revisited: Check GAVEL to see if we have something in the Law Library on that country Law--china--bibliography Typical subject heading but also remember KEYWORD searching!
GAVEL keyword searching: try country name with terms like “research*” or “bibliograph*” Korea and (research* or bibliograph*)
Remember LLRX, Globa. Lex and other Web research guides
The old standby
Check the Bluebook to see if the resource is official
Check GAVEL to see if we have the title
Reynolds & Flores includes online resources
Reynolds & Flores: Sweden
The Fine Print
Law Library does not have this item • check GIL • ILL
Who Has It? Check World. Cat
Reynolds & Flores: Belgium
Info about and links to many gazettes available online http: //www-personal. umich. edu/~graceyor/doctemp/gazettes/index. htm
World Constitutions Illustrated in Hein Online
Constitutions of the Countries of the World
Case Law • Possible subject headings in GAVEL: • law reports, digests, etc. -- country name • law reports, digests, etc. -- Argentina • subject matter -- country -- cases • administrative law -- France -- cases
International Law Reports (ILR) • Court and tribunal decisions, in English, on issues relevant to the international legal system • includes national court judgments in addition to international tribunals
Sample Contents from one volume of ILR
European Commercial Cases • selected cases from national European courts in specific areas of commercial and business law Common Market Law Reports • cases on EU law from EU courts and national courts
International Law in Domestic Courts database
International Law in Domestic Courts
Law review articles may include a translation or summary: • search Lexis or Westlaw or Legal. Trac and include “translation” as one of your title search terms
Global Legal Information Network GLIN “guest” search - can do from home but not all of dbase available (more full text becoming available freely) Full access currently at library only - need a Ref Librarian to log you in
Record when not logged in to GLIN
Same record if logged in to GLIN
Text of the doc found in GLIN - from Argentina's legal gazette
Another old standby! Spanish court decision Belgian legislation
Tip: try to find a compilation of translations of laws on a specific subject from a number of jurisdictions
http: //libguides. law. uga. edu/content. php? pid=136402
Search GAVEL for compilations on your subject • Be creative!
Is there an international organization for the subject? Check their publications for compiled legislation or other documents
WIPO
http: //www. loc. gov/mulp/
Check GAVEL to see if we have the title!!
Inter. Am is a database we subscribe to at Law Library: useful for finding selected legislation in the Americas (& some translations)
Translations via Inter. Am • some free for most jurisdictions • The National Law Center for Inter. American Free Trade will do on-demand translations for a fee (also legislative research)
Tip: • When searching the web for online collections of law by subject, use terms like "global" "countries" "world" global banking laws
Strategy for finding foreign law • for a cite check: first try to find specific source using GAVEL, Google, or country-specific databases • for more extensive research: start with Reynolds & Flores and research guides
• • • Transnational law/transactions concerns whose law applies? where will disputes be heard? how do I effect services of process? discovery of docs overseas? what about enforcing foreign judgments? are there standard contract clauses?
• Private international law • Conflict of law • Lex mercatoria
lex mercatoria
Hague Conference on Private International Law • international judicial and administrative cooperation • conflict of laws for contracts, torts, family law, protection of children, wills & estates, recognition of companies • jurisdiction and enforcement of foreign judgments
Hague Conference Conventions
Hague Conference: practical handbooks Offer explanations of the provisions of specific Hague conventions
UNCITRAL • United Nations Commission on International Trade Law • mandate: to further progressive harmonization and unification of international trade law • major areas: – arbitration – sale of goods
UNCITRAL resources • • • conventions, treaties model laws legislative guides arbitration rules legal guides case law: CLOUT database of decisions relating to UNCITRAL conventions and model laws
UNCITRAL CLOUT database court decisions and arbitral awards relating to UNCITRAL conventions and model laws
Sample Contents of CLOUT issue
• purpose: study methods for modernizing, harmonizing and coordinating private and commercial law • adopted many international conventions and model laws • Principles of International Commercial Contracts
UNIDROIT resources • texts of conventions, treaties, model laws, Principles • UNILEX database • bibliography
excerpt from Principles of Int’l Commercial Contracts
ALI/UNIDROIT Principles of Transnational Civil Procedure • reconcile differences in national rules of civil procedure • guidelines for code reform
excerpt from Civ Pro Principles
UNILEX database • detailed abstracts of important cases by courts worldwide • full text of cases (when available) • complete text of the CISG and the UNIDROIT Principles • status report on CISG ratifications • bibliographies
excerpt from UNILEX entry
Electronic Library on International Commercial Law and the CISG • Pace University • provides annotated CISG – legislative history – case law – links to articles • searchable database
sample annotated CISG article
Uniform Law Review scholarly articles on uniform law instruments relating to private int’l commercial law Tables of Contents from 1996 and selected full text articles available on UNIDROIT
U. S. Dept of State Private International Law • • trade/business transactions law international judicial assistance wills, trusts, and estates family law
U. S. Dept. of State resources • links to relevant treaties in force in U. S. • info on current negotiations • practical advice
U. S. Department of State International Judicial Assistance • • • authenticating documents obtaining apostilles notaries public abroad obtaining evidence abroad preparing letters rogatory abroad country-by-country information
model apostille under Hague Convention
INCOTERMS • standard trade definitions commonly used in international contracts • published by the International Chamber of Commerce (ICC) • ICC site includes the preambles to each of the thirteen areas covered by INCOTERMS
INCOTERMS chart of responsibility
• organization of international legal practitioners (over 30, 000 individual members and legal orgs) • many publications and conferences designed to assist in practice of global business law
IBA resources
additional resources • ASIL Guide to Electronic Resources in International Law: International Economic Law • Electronic Information System for International Law (EISIL) • National Association of Secretaries of State
http: //www. sos. ga. gov/elections/commissions/default. htm
- Too foreign for home too foreign for here
- Foreign comparative testing
- Foreign comparative testing
- Transnational strategy vs global strategy
- Disadvantages of multinational corporation
- Transnational vs multinational
- Multidomestic strategy example
- Transnational multinational global international
- Transnational crime and the developing world
- Porter’s diamond of national advantage
- First mnc in world
- Disney product mix
- Distributing service
- Multinational vs international company
- Transnational crime definition
- Nestle company organizational structure
- A transnational corporate-level strategy seeks to achieve
- A firm pursuing a transnational strategy would believe that
- Introduction of comparative education
- Comparative and superlative de serious
- Difference between comparative and correlational research
- Fat superlative hali
- Newton's first law and second law and third law
- Newton's first law and second law and third law
- V=k/p
- Boyle's law charles law avogadro's law
- Vacancy a fast progressing foreign company is looking
- 1790 foreign policy
- War photographer themes
- Starbucks foreign direct investment
- Foreign policy of louis philippe
- What was thomas jefferson foreign policy
- Foreign direct investment advantages and disadvantages
- Learning vs acquisition
- Difference between second language and foreign language
- Nixons foreign policy
- Nixons foreign policies
- Nixons foreign policy
- In a foreign field he lay
- Carol can speak three foreign languages
- California medical license for foreign medical graduates
- Fdi definition
- Multiplier leakage
- Actors in foreign policy
- Foreign country middlemen
- Forex trading process
- Foreign travel brief
- Definition of foreign policy by scholars
- Chapter 33 section 4 foreign policy after the cold war
- Foreign exchange tourism grade 12
- Foreign exchange shifters
- Shifters of foreign exchange market
- Types of foreign aid
- Rational actor model cuban missile crisis
- Governed internally by a foreign power
- Kinds of foreign exchange market
- Foreign affairs trouble the nation
- International marketing channel
- Foreign affairs in the young nation answer key
- Foreign direct investment advantages and disadvantages
- Forex accounting
- Asp medical clinic
- Aims of foreign language teaching
- Controlled foreign corporation
- No direct foreign marketing adalah
- Unit 4 lesson 10 american foreign policy
- Foreign trade division us census bureau
- Foreign exchange market objectives
- Foreign trade
- Ny nj foreign freight forwarders
- Jj did tie buckle
- Xlri
- The international marketing task
- 4 shifters of foreign exchange
- Foreign body hood protector
- Truman foreign policy vs eisenhower
- International market opportunity analysis
- Interwar foreign policy
- Unit 5 international trade
- How were efforts to westernize problematic
- Foreign exchange transaction regulation korea
- Pals rubric level 2 writing
- Ogs uwo
- International trade defination
- Infrequent foreign marketing examples
- Lesson 5: american foreign policy
- Importance of foreign trade
- Hitler's foreign policy timeline
- Hsbc forex rates
- Gcse modern foreign languages
- Market structure definition forex
- Foreign policy in the early republic
- Types of foreign exchange exposure
- Foreign commercial banks
- Uncontrolled foreign fishing
- F. mayer imports: hedging foreign currency risk
- Foreign exchange luxembourg
- Foreign policy imperialism
- What restrictions did the manchus place on foreign trade
- Foreign exchange means
- Foreign exchange derivative
- Involves a foreign company produces private-label goods
- Foreign policy imperialism
- Sample letter to minister of foreign affairs
- Spot market in foreign exchange market
- Foreign school audit guide
- Integral foreign operation
- Foreign exchange meaning
- Amsler grid
- Exchange rate maths literacy grade 12