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Towards Cooperation in Access to Foreign Primary Law

Published online by Cambridge University Press:  28 February 2019

Extract

Foreign law, whether a subject of study in itself within the domain of comparative law, or invoked under a rule of conflict of laws to resolve a crossborder issue, is an essential library resource. In jurisdictions where foreign law must be pleaded and proved as a fact, it is up to the parties to demonstrate what that law is, in default of which the Anglo-American court will generally presume it to be the same as municipal law. In other, generally civil-law, jurisdictions it may be up the court to appoint an expert; foreign law may be treated either as law or as fact, depending upon the jurisdiction. Because family law, succession and donations are, in civil-law countries, largely ruled by personal law and because personal law may be determined by reference to facts of nationality, domicile, religion and ethnic identity, considerable academic sophistication is demanded of foreign and comparative law librarians. The escalating costs of legal materials and the difficulty of cataloguing and maintaining collections of rarely-used materials in hard languages pose additional obstacles. In the United States particularly, acquisition of foreign materials has perceptibly declined since the early 1980s. Only a handful of law libraries in the world possesses the financial, logistical, linguistic and technical wherewithal to aspire to collecting materials from all or most countries; for those, managing acquisition and selection is the main challenge. Collecting official gazettes, session laws and case reporters from many jurisdictions makes enormous demands upon space and record-keeping; microform collection is not in many cases an alternative. Where it is, it creates its own special demands.

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Copyright © 2002 by the International Association of Law Libraries 

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References

Copyright © 2000, 2002 University College London. This is an updated version of a report originally submitted in partial fulfillment of the requirements for the degree of M.A. in L.I.S. at that institution. Except as otherwise stated, URLs cited were operative as of Dec. 12, 2001.Google Scholar

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7 It is an interesting historical study, but beyond the scope of this essay, to query the provenance of the obsolete laws of colonies, dependencies and foreign countries to be found in great libraries: viz.: Edwin Arney Speed, ed., Laws of the colony of Southern Nigeria: being the schedule to the Statute Laws Revision Ordinance (1908) with an appendix containing the letters patent constituting the colony, and the instructions accompanying them; various acts of Parliament; and orders of the Sovereign in Council, on the shelves of the British Library of Political and Economic Science. The BLPES Official Publications storage facility is a treasure trove of (mainly pre-war) official gazettes, session laws, and parliamentary papers of Oriental and African countries. Frontispieces of some books indicate that they came from the personal libraries of diplomatic and colonial service officers.Google Scholar

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18 There are alternative methods of benefiting from foreign expertise in legislative drafting. For example, the American Bar Association has a continuing program of activity in Eastern and Central Europe to analyze and provide criticism of the texts of legislative proposals.Google Scholar

19 See, e.g., Michael Biggins, Library Assessment Project: Southeastern Europe (International Research & Exchanges Board, Washington), 1995[?], <http://www.irex.org/programs/completed/sproj/libreports/lap-southeastern.htm>..>Google Scholar

20 Frieda Wiebe, Barriers to the evolving global network: networking issues in Vietnam, Paper presented at Networking the Pacific: An International Forum, British Columbia Library Association, May 5-6, 1995, Victoria, BC, Canada, <http://www.idrc.ca/library/document/netpac/abs13.html>..>Google Scholar

21 Thus the complete set of German legislation was donated to the library of the law faculty at the University of Vilnius; but access to the laws in the vernacular of a single country is probably insufficient to support a comparative law program, and is inadequate if updates are not supplied and the labor assured for their insertion.Google Scholar

23 The Friedrich-Ebert-Stiftung, Berlin, Bonn, Kiev and other cities, <http://www.fes.de>, has undertaken projects in Tiraspol and elsewhere related to law, international politics and society. “Claus Neukirch, Der Status Transnistriens aus politischer und vlkerrechtlicher Sicht” (Friedrich-Ebert-Stiftung, B.P. 470/1, Kiev) Dec. 1998, <http://www.fesukraine.kiev.ua>.,+has+undertaken+projects+in+Tiraspol+and+elsewhere+related+to+law,+international+politics+and+society.+“Claus+Neukirch,+Der+Status+Transnistriens+aus+politischer+und+vlkerrechtlicher+Sicht”+(Friedrich-Ebert-Stiftung,+B.P.+470/1,+Kiev)+Dec.+1998,+.>Google Scholar

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33 <http://www.rlg.org/shares/oagindex.html> Participating libraries include major U.S. academic and institutional libraries; also, in Europe, the American Academy in Rome, the Bavarian State Library, the Bibliothque nationale de France, the Bibliothque nationale suisse, the Leo Baek Institute (New York, London & Jerusalem) and the University of Birmingham.+Participating+libraries+include+major+U.S.+academic+and+institutional+libraries;+also,+in+Europe,+the+American+Academy+in+Rome,+the+Bavarian+State+Library,+the+Bibliothque+nationale+de+France,+the+Bibliothque+nationale+suisse,+the+Leo+Baek+Institute+(New+York,+London+&+Jerusalem)+and+the+University+of+Birmingham.>Google Scholar

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47 See, for example, Edouard S. de Klerck, “History of the Netherlands East Indies, Rotterdam,” (1938), Vol. 1, at 195-212, 324-455, 425-48.Google Scholar

48 Catalog reference: “CO”; see PRO leaflet, “Dominions Office”, <http://catalogue.pro.gov.uk/ExternalRequest.asp?RequestReference=ri2085>..>Google Scholar

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51 See, for example, the sources used by two doctoral researchers: Peter G. Gowing, “Mandate in Moroland: the American Government of Muslim Filipinos, 1899-1920,” Quezon City: Univ. of the Philippines (1977); Samuel Kong Tan, “The Muslim Armed Struggle in the Philippines, 1900-1941,” thesis, Syracuse Univ. (1973); also Michael J. Crawford et al., “The Spanish-American War: Historical Overview and Select Bibliography,” Washington, Naval Historical Center (N.D.), <http://www.history.navy.mil/biblio/biblio7/biblio7d.htm>..>Google Scholar

52 It is a measure of the pressure of resources on space that both IALS and SOAS have recently installed movable shelving.Google Scholar

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56 Although beyond the scope of this article, it is worth mentioning the need to maintain the mechanical and electronic ability to retrieve and to read and convert digital materials in a format that may eventually become obsolete, including access to password-protected data after a rights holder has ceased to trade. Permanent archiving of substantive materials maintained on Web sites has been repeatedly mooted: see, for example the report of the seminar “Digital Preservation in the Context of Edinburgh University”, Sept. 24, 2001, <http://www.lib.ed.ac.uk/lib/sites/digpres/seminarday.shtml>..>Google Scholar

57 The concentration on European jurisdictions here is incidental and by way of example only, due to the Euro-centered nature of much of the substantive research project underlying this paper. See Timothy McMullin's “Locating Foreign Primary Law on the Web” for other countries and regions: <http://www.law.uh.edu/librarians/tmulligan/foreignlaw.html>..>Google Scholar

71 This writer has exchanged correspondence with the Turkish Foreign Ministry over its continued online references to Article 19 of the Greek Nationality Code, repealed by Law No. 2623 of June 24, 1998, art. 9(14); the Turkish authorities justified their position by the continuing disability represented by the new law's nonretroactivity.Google Scholar

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98 Asian Development Bank, Project Dial, <http://www.austlii.edu.au/au/special/dial>..>Google Scholar

100 Index to Legal Periodicals, Index to Foreign Legal Periodicals, Legal Journals Index, SCAD European law index and others; many on CD-ROM and available online to subscribing institutions. The Peace Palace Library at The Hague catalogs many journal articles and laws of likely interest to its users.Google Scholar

106 <http://lcweb2.loc.gov/law/GLINvl/GLIN.html>; Julius J. Marke, Use of the Global Legal Information Network, N.Y.L.J., Sept. 16,1997; description at AUSTLII: <http://austlii.edu.au/~graham/DIAL_Report/Report-2.7.html>. Full access to the GLIN database of foreign legislation in Adobe Acrobat format is limited to contributing governments and participating organizations; the English language summaries and searchable index are freely accessible.;+Julius+J.+Marke,+Use+of+the+Global+Legal+Information+Network,+N.Y.L.J.,+Sept.+16,1997;+description+at+AUSTLII:+.+Full+access+to+the+GLIN+database+of+foreign+legislation+in+Adobe+Acrobat+format+is+limited+to+contributing+governments+and+participating+organizations;+the+English+language+summaries+and+searchable+index+are+freely+accessible.>Google Scholar

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161 Limited currently to: Australia, Bahamas, Barbados, Canada, Cuba, England, France, Guyana, India, Ireland, Jamaica, New Zealand, Philippines, Scotland, Spain, Trinidad & Tobago, Windward Islands, International Organizations.Google Scholar

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201 Yellow pages of numerous countries are accessible at <http://www.bestyellow.com/services/yellow100/yellow100content.html>. Embassy commercial sections can frequently provide the names of business service centers and secretarial/typing/word processing services..+Embassy+commercial+sections+can+frequently+provide+the+names+of+business+service+centers+and+secretarial/typing/word+processing+services.>Google Scholar

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209 Thus, <http://lemonde.reverso.net/PopUP_trad.asp>; google. com and altavista.com offer limited machine translation facilities in conjunction with Internet searches. See also the European Commission's machine translation projects, including EUROTRA (ET 10-63), <http://www.ccl.kuleuven.ac.be/about/EUROTRA.html>, Final Evaluation of the Results of EUROTRA (Diane Pub., 1995); and University of Stuttgart's Web page on machine translation projects: <http://www.ims.uni-stuttgart.de/info/MTTools.html>.;+google.+com+and+altavista.com+offer+limited+machine+translation+facilities+in+conjunction+with+Internet+searches.+See+also+the+European+Commission's+machine+translation+projects,+including+EUROTRA+(ET+10-63),+,+Final+Evaluation+of+the+Results+of+EUROTRA+(Diane+Pub.,+1995);+and+University+of+Stuttgart's+Web+page+on+machine+translation+projects:+.>Google Scholar