LibGuides: Foreign Law Research: Intro. to Foreign Law Research

Introduction to Foreign Law Research

Introduction

Foreign law and international law are not the same subjects. Foreign law, from the U.S. perspective, is the national (also referred to as domestic or internal) law of any country other than the United States; foreign law may also refer to the law of identifiable groups of foreign countries which share common legal systems or rules in a particular field of law. International law is the law that governs the relationships between different countries (e.g. treaties), international organizations and private parties (both natural and corporate). For a concise analysis of foreign law versus international law see

"Is Foreign Law International Law?," ASIL Insight, October 31, 2005, by Frederic L. Kirgis.

Language and Translations of Primary Law

Non-English speaking foreign countries may not have official translations of primary sources of law. However for some foreign jurisdictions, you may be able to find—in print—unofficial English translations of a constitution, codes of civil and criminal procedure, laws of environment, health, family, banking, taxation, social security, intellectual property, bankruptcy (insolvency), commerce, labor, etc. For some countries, comparable electronic resources may exist online.

When using English translations, keep in mind that they must be used with caution as the English-language translations usually are not authoritative, the quality of the translations may vary, and the translations may not be up-to-date. Also remember that different systems may refer to familiar legal subjects with different names. Example (UK):

Bankruptcy—Insolvency
Torts—Obligations
British English spelling used for legal systems outside the United States. (eg. US Spelling = labor; UK spelling = labour)

You can use legal dictionaries from other countries to determine what specific words mean as the same word may mean something different in a different country, even if the language is the same.

Although there are many English language compilations of foreign legislation—especially in the areas of taxation, trade, commercial and business law—the overall English language resources may be limited. It may be particularly difficult to locate local regulations, municipal codes and administrative court rulings. When possible, look for sources in the original language.

Non-English jurisdictions are usually not common law jurisdictions. Civil law jurisdictions rely heavily on Codes and it is important to make sure that you are using the most up-to-date version of the code. To find the most up to date Codes for a particular country, use the:

Foreign Law Guide
A comprehensive index and research guide to current sources of codes and basic legislation in jurisdictions of the world.
Foreign Law Translations
This site is a resource for French, German, Austrian and Israeli legal materials in the fields of constitutional, administrative, contract and tort law. The English translations of decisions from Germany and France include cases from the Reichsgericht, the Bundesverfassungsgericht, the Bundesgerichtshof, the Conseil Constitutionnel, the Conseil d’Etat and the Cour de Cassation.

Foreign Law Citation

Guide to Foreign and International Legal Citations by New York University School of Law Staff
Call Number: 4th Stacks ; K89 .G85 2009
ISBN: 9780735579798
Publication Date: 2009-03-18
Created by the Journal of International Law and Politics at New York University, the Guide to Foreign and International Legal Citations is the most comprehensive source for international citations rules. Including 45 country citation systems, as well as citation rules for international organizations, tribunals, and treaties, the updated Second Edition offers updated and expanded coverage. The only reference that focuses entirely on international citation, Guide to Foreign and International Legal Citation, Second Edition, features: manageable length, convenient Wire-O binding, and easy-to-use page format logical three-part organization: Country Citation Guides Citation Guides for International Organizations Citation Guides for International and Regional Tribunals a Country Profile for each listing followed by its Citation Guide examples that reflect acceptable variability of citation in practice

The first edition is available for free online

The Bluebook by Harvard Law Review Association (Compiled by); Columbia Law Review (Compiled by); University of Pennsylvania Law Review (Compiled by); The Yale Law Journal (Compiled by)
Call Number: Reference Desk ; KF245 .U5 2020
ISBN: 9780578666150
Publication Date: 2020-05-20
A how-to guide providing easy-to-comprehend instruction for the everyday citation needs of first-year law students, summer associates, law clerks, practicing lawyers, and other legal professionals. The examples used throughout the Bluepages employ simple typeface conventions common in the legal profession. Rule 20 (foreign materials) and Table 2 (list of foreign jurisdictions in alphabetical order). Not all jurisdictions are listed in Table 2, but you can still follow the general guidelines noted in Rule 20.
World Dictionary of Legal Abbreviations by Mary M. Prince (Editor); Igor I. Kavass (Editor)
Call Number: 4th Floor Research Alcove ; K89 .K38
ISBN: 9781575883830
Publication Date: 1991-02-01
The most comprehensive source for discovering the meaning
of legal abbreviations worldwide, enabling researchers of foreign laws and legal literature to ascertain the
meaning of various abbreviations and acronyms.
Because most countries have no uniform system or standards for abbreviating legal terms, abbreviation
development has been dependent upon the structure of the country’s language and legal system. In European
legal systems, this may reflect the customary usage for several centuries. The result is frequently a mix of
highly idiosyncratic jumbles of letters with little obvious meaning. Since the same abbreviation may also
have more than one use, researchers may easily be led astray. As the world shrinks and the practice of
law becomes even more “globalized,” it is important to be able to quickly locate the meaning of the many
abbreviations researchers encounter. Published in loose-leaf format for ease in updating and supplementation,
this unique reference work is invaluable to the foreign or international law scholar

Noble's Revised International Guide to the Law Reports
Use this resource to decipher English citations.

Foreign Law Research Strategy

International and Foreign Legal Research by Marci Hoffman; Mary Rumsey
Call Number: Online
ISBN: 9789004204805
Publication Date: 2012-04-19
Coverage also includes chapters on researching foreign and comparative law.
Guide to International Legal Research
Call Number: Online
Publication Date: Updated regularly
An authoritative and comprehensive reference tool for law students and practitioners. Authored annually by The George Washington International Law Review, the Guide is designed to assist both novices and professionals with their international legal research. Following an introduction by Professor Christopher J. Borgen, the Guide is organized into two parts. In the first part, chapters are divided by regions. Each chapter contains an overview of the geopolitical climate in each region and lists government resources, legal resources, media resources, and resources by topic. Where appropriate, these sources are subdivided by country. Many of the chapters discuss general multi-national organizations as well as international trade organizations and agreements that are specific to the region. The Guide also provides an overview of what each source covers and how it can be most effective. The second part of the Guide covers substantive areas of international law, including general international law, public health law, space law, human rights law, intellectual property, international trade, international business transactions, environmental law, labor law, and international security law. Much like the regional sections, the substantive chapters begin with a section on international governance followed by a section on secondary sources pertinent to that subject area. Its user-friendly size makes the Guide to International Legal Research both an invaluable research tool and an important time-saving resource for international legal research.

If you are looking for a guide on legal research in a particular country, try a subject search like: Legal research -- Canada.

Foreign Law Research

Introduction to Foreign Law Research

Contents

Introduction

Language and Translations of Primary Law

Foreign Law Citation

Foreign Law Research Strategy