Researching Foreign & Comparative Law. 5 Steps Of Foreign Legal Research n 1. What is the structure of the legal system you are intending to research?

Researching Foreign & Comparative LawResearching Foreign & Comparative Law

5 Steps Of Foreign Legal Research5 Steps Of Foreign Legal Research 1. What is the structure of the legal 1. What is the structure of the legal

system you are intending to research?system you are intending to research?• Civil v. Common lawCivil v. Common law• Religious/political influencesReligious/political influences• Supranational organizationsSupranational organizations• Any domestic regional distinctionsAny domestic regional distinctions

2. Identify exactly what you need—a 2. Identify exactly what you need—a case, a statute or law, etc.—and how case, a statute or law, etc.—and how you need ityou need it• Do you already have a citation, or will you Do you already have a citation, or will you

need to consult some type of finding aid to need to consult some type of finding aid to locate the legal document you need?locate the legal document you need?– If you have a citation but do not know to what it If you have a citation but do not know to what it

is citing to, use a source like is citing to, use a source like Prince's Bieber Prince's Bieber Dictionary of Legal AbbreviationsDictionary of Legal Abbreviations or the or the NYU NYU Guide to Foreign and International Legal Guide to Foreign and International Legal CitationsCitations (both available at the Reference (both available at the Reference Desk)Desk)

5 Steps Of Foreign Legal Research5 Steps Of Foreign Legal Research

• Will you be able to read it in its original Will you be able to read it in its original language, or will you need to locate an English language, or will you need to locate an English translation?translation?– If you cannot read the native language of the source If you cannot read the native language of the source

but do not need an official English translation at this but do not need an official English translation at this point, Google Translate (http://translate.google.com) point, Google Translate (http://translate.google.com) will be your new best friendwill be your new best friend

– There are a number of commercial translation There are a number of commercial translation services that will translate the original full text services that will translate the original full text source into English if you need to submit the source source into English if you need to submit the source to a courtto a court


• Will an electronic version be sufficient or Will an electronic version be sufficient or will you need to locate the authentic print will you need to locate the authentic print copy?copy?– Remember that most jurisdictions outside the Remember that most jurisdictions outside the

US do not have the same rules regarding print US do not have the same rules regarding print as the most authoritative source, so there is, as the most authoritative source, so there is, increasingly, every possibility that the source increasingly, every possibility that the source you are looking for (especially case law) will be you are looking for (especially case law) will be “born digital” and might not ever be printed“born digital” and might not ever be printed

– Be familiar with the local court rules just in caseBe familiar with the local court rules just in case


• Similarly, do you need the authentic full-Similarly, do you need the authentic full-text of the item, or would a detailed text of the item, or would a detailed explanation or summary of the law (in explanation or summary of the law (in English) be sufficient?English) be sufficient?– If so, consider using a secondary source first If so, consider using a secondary source first

and then see if you can locate the entire and then see if you can locate the entire primary source if the need arisesprimary source if the need arises


3. Identify the sources of law for the 3. Identify the sources of law for the country and locate those sources where country and locate those sources where available in the library’s collection by available in the library’s collection by running a catalog search. Use the running a catalog search. Use the following resources to determine what following resources to determine what you are looking for:you are looking for:


Foreign Law GuideForeign Law Guide

Fordham Law subscription database, access Fordham Law subscription database, access through this link: through this link: http://lawlib1.lawnet.fordham.edu/eresources/http://lawlib1.lawnet.fordham.edu/eresources/erlinks/for_gen.htmlerlinks/for_gen.html

This source is the best starting point This source is the best starting point when you do NOT have a citation or do when you do NOT have a citation or do not know where to look for a particular not know where to look for a particular law. law.

Foreign Law GuideForeign Law Guide It is arranged by country, although not every It is arranged by country, although not every

country has an entry. Each entry will include a country has an entry. Each entry will include a comprehensive essay detailing the comprehensive essay detailing the development and function of the country’s legal development and function of the country’s legal system, followed by a finding aid tool for the system, followed by a finding aid tool for the major sources of law (i.e., codes/statutes, case major sources of law (i.e., codes/statutes, case law, etc.). law, etc.).

The rest of the entry is organized alphabetically The rest of the entry is organized alphabetically by topical subject headings (i.e., Antitrust, by topical subject headings (i.e., Antitrust, Bankruptcy, Corporate law, etc.) which will list Bankruptcy, Corporate law, etc.) which will list both where you can find major controlling both where you can find major controlling legislation for that topic as well as where you legislation for that topic as well as where you can find the topic discussed generally. can find the topic discussed generally.

Example #1Example #1

Your client wants to sail his yacht (Your client wants to sail his yacht (yateyate in Spanish) to his vacation home in in Spanish) to his vacation home in Mexico where he will stay for a month. Mexico where he will stay for a month. • Using Foreign Law Guide, locate the Using Foreign Law Guide, locate the

Mexican law that deals with customsMexican law that deals with customs• Bonus points if you can locate the full text Bonus points if you can locate the full text

of it and find which provision deals with of it and find which provision deals with yachtsyachts

GlobaLexGlobaLex http://www.nyulawglobal.org/globalex/http://www.nyulawglobal.org/globalex/

index.htmlindex.html A fantastic source for research guides on A fantastic source for research guides on

any number of foreign, international and any number of foreign, international and comparative law sources. The information comparative law sources. The information and articles published by and articles published by GlobaLex GlobaLex represent both research and teaching represent both research and teaching resources used by legal academics, resources used by legal academics, practitioners and other specialists around practitioners and other specialists around the world who are active either in foreign, the world who are active either in foreign, international, and comparative law research international, and comparative law research or those focusing on their own domestic lawor those focusing on their own domestic law


What is the official publication source What is the official publication source for legislation in the Vatican City?for legislation in the Vatican City?• Does Fordham University have a Does Fordham University have a

subscription to this source?subscription to this source?

4. Locate the full text of the document you 4. Locate the full text of the document you needneed• Search for the source/reporter in the library’s Search for the source/reporter in the library’s

catalog to see if we subscribe to itcatalog to see if we subscribe to it• Use the library’s Electronic Resources page to Use the library’s Electronic Resources page to

determine whether we subscribe to a domestic determine whether we subscribe to a domestic database: database: http://lawlib1.lawnet.fordham.edu/eresources/ehttp://lawlib1.lawnet.fordham.edu/eresources/erlinks/for_jur.htmlrlinks/for_jur.html

• Use one of the WorldliisUse one of the Worldliis• Look in GLINLook in GLIN• Use a subject-specific guide—i.e., look in Use a subject-specific guide—i.e., look in

NATLEX for labor laws, World Bank’s Doing NATLEX for labor laws, World Bank’s Doing Business for business laws, etc.Business for business laws, etc.


WorldliisWorldliis http://www.worldlii.org/http://www.worldlii.org/ The World Legal Information Institutes The World Legal Information Institutes

are free, independent and non-profit are free, independent and non-profit access to worldwide law for a variety of access to worldwide law for a variety of jurisdictions, particularly good for UK jurisdictions, particularly good for UK materials (BAILII) and Asian-Pacific materials (BAILII) and Asian-Pacific jurisdictions (AsianLII and PacLII)jurisdictions (AsianLII and PacLII)


Using BAILII (http://www.bailii.org) can Using BAILII (http://www.bailii.org) can you locate a 2010 High Court case you locate a 2010 High Court case dealing with the addition of a possible dealing with the addition of a possible third runway at Heathrow Airport?third runway at Heathrow Airport?

LoC/GLINLoC/GLIN http://www.glin.gov/http://www.glin.gov/ The Global Legal Information Network, run by The Global Legal Information Network, run by

the Library of Congress, is a public database of the Library of Congress, is a public database of official texts of laws, regulations, judicial official texts of laws, regulations, judicial decisions, and other complementary legal decisions, and other complementary legal sources contributed by governmental agencies sources contributed by governmental agencies and international organizations in their original and international organizations in their original languages. Each document is accompanied by languages. Each document is accompanied by a summary in English and, in many cases in a summary in English and, in many cases in additional languages, plus subject terms additional languages, plus subject terms selected from the multilingual index to GLIN. selected from the multilingual index to GLIN. Unfortunately it only contains information for Unfortunately it only contains information for about 30 countries at the present time, and about 30 countries at the present time, and even then the coverage can be spottyeven then the coverage can be spotty

DoingBusinessDoingBusiness http://www.doingbusiness.org/lawlibrary/http://www.doingbusiness.org/lawlibrary/ my all-time favorite site for free authentic my all-time favorite site for free authentic

full-text sources, in English whenever full-text sources, in English whenever possible, this site is run by the World Bank possible, this site is run by the World Bank and is the largest free online collection of and is the largest free online collection of business laws and regulations for almost business laws and regulations for almost every jurisdiction that the World Bank every jurisdiction that the World Bank deals with, and now includes a compilation deals with, and now includes a compilation of gender laws intended to highlight how of gender laws intended to highlight how easy it is for female entrepreneurs to start easy it is for female entrepreneurs to start a businessa business

5. If you prefer to start with a comparative 5. If you prefer to start with a comparative source rather than locate individual source rather than locate individual jurisdictional sources, or if you have jurisdictional sources, or if you have consulted the aforementioned compilations consulted the aforementioned compilations and are still unable to locate what you are and are still unable to locate what you are looking for, consult a secondary sourcelooking for, consult a secondary source• Secondary sources often provide commentary Secondary sources often provide commentary

on the legal issue, put the legal issue in on the legal issue, put the legal issue in context, and/or provide a summary of the context, and/or provide a summary of the relevant legal documentationrelevant legal documentation


• Locate secondary sources in relevant research Locate secondary sources in relevant research guides and through searching the library’s guides and through searching the library’s catalogcatalog

• Various compilations reprint subject-specific Various compilations reprint subject-specific legislation in English with some commentary. legislation in English with some commentary. Examples of titles held in our library include:Examples of titles held in our library include:

– Constitutions of the countries of the world Constitutions of the countries of the world (electronically through our electronic resources page (electronically through our electronic resources page and in printand in print K3157.A2 C66)K3157.A2 C66)

– Comparative Environmental Law and Regulation Comparative Environmental Law and Regulation (K3585.4 .C65)(K3585.4 .C65)

– Investment Laws of the World Investment Laws of the World (K1112 .A47 I59)(K1112 .A47 I59)– International Copyright Law and Practice International Copyright Law and Practice (on LEXIS (on LEXIS

and in print K1420.5 .I5)and in print K1420.5 .I5)


Foreign Law GuideForeign Law Guide—may have direct —may have direct links to full text but more often will point links to full text but more often will point you in the direction of where to find ityou in the direction of where to find it

Ocean’s Constitutions of the Countries Ocean’s Constitutions of the Countries of the World of the World (in print and online through (in print and online through the Fordham Law Library)the Fordham Law Library)

World Constitutions Illustrated World Constitutions Illustrated (HeinOnline)(HeinOnline)

How to locate…ConstitutionsHow to locate…Constitutions

How to locate…legislationHow to locate…legislation

If you don’t have a citation…If you don’t have a citation…• your best starting point is Foreign Law Guideyour best starting point is Foreign Law Guide

If you are looking for a comparative survey If you are looking for a comparative survey of laws…of laws…• try one of the subject-specific database like try one of the subject-specific database like

NATLEX, Doing Business Law Library, etc.NATLEX, Doing Business Law Library, etc. If you have a citation already… If you have a citation already…

• try one of the Worldliis, a subscription try one of the Worldliis, a subscription database for that country, or the country’s database for that country, or the country’s legislature’s websitelegislature’s website

How to locate….case lawHow to locate….case law If you do not have a citation…If you do not have a citation…

• try a secondary source, or if you have access to a try a secondary source, or if you have access to a subscription database for that country (i.e., Justis (UK), subscription database for that country (i.e., Justis (UK), LawAfrica, iSinolaw (China)), try a full text search for LawAfrica, iSinolaw (China)), try a full text search for the topicthe topic

If you have a citation but don’t know where to find If you have a citation but don’t know where to find the source…the source…• look up the abbreviation in either Bieber’s Citations or look up the abbreviation in either Bieber’s Citations or

the NYU Guide, and then plug the name of the reporter the NYU Guide, and then plug the name of the reporter into our catalog to see if we have access to itinto our catalog to see if we have access to it

If you know exactly what you’re looking forIf you know exactly what you’re looking for• try the relevant Worldlii, or a subscription database for try the relevant Worldlii, or a subscription database for

that jurisdiction—be sure you know the coverage that jurisdiction—be sure you know the coverage limitations for each database so you do not waste your limitations for each database so you do not waste your time looking for cases that are not reported theretime looking for cases that are not reported there

How to research transnational lawHow to research transnational law

Two step process to dealing with these Two step process to dealing with these issues:issues:• Identify procedural aspects and private Identify procedural aspects and private

international law concernsinternational law concerns– ForumForum– ServiceService– DiscoveryDiscovery– Local rules of civil procedureLocal rules of civil procedure

• Identify applicable foreign lawsIdentify applicable foreign laws

International procedural issuesInternational procedural issues

If the issue involves a US citizen or If the issue involves a US citizen or corporation, consult the State Dept’s corporation, consult the State Dept’s collection of informationcollection of information• http://travel.state.gov/law/law_1734.htmlhttp://travel.state.gov/law/law_1734.html

The Hague Convention has a number of The Hague Convention has a number of treaties that provide guidance on treaties that provide guidance on international legal cooperation and litigationinternational legal cooperation and litigation• http://www.hcch.net/index_en.php?http://www.hcch.net/index_en.php?

act=text.display&tid=10#litigationact=text.display&tid=10#litigation

Hague Conference on Private Hague Conference on Private International Law and Conventions:International Law and Conventions:

Active in development of conventions in Active in development of conventions in various areas of private law (various areas of private law (e.g.e.g. conflict of conflict of laws to inter-country adoption).laws to inter-country adoption).• http://www.hcch.net/e/index.html.http://www.hcch.net/e/index.html.

Full-text conventions, status and Full-text conventions, status and bibliographic information, and explanatory bibliographic information, and explanatory reports, when availablereports, when available• Most useful are the status (where you can see Most useful are the status (where you can see

who is a party), and the background/interpretive who is a party), and the background/interpretive documents for each conventiondocuments for each convention


If you wanted to take evidence in Korea, If you wanted to take evidence in Korea, are there any Hague Conventions which are there any Hague Conventions which would apply?would apply?• Does the US State Department issue any Does the US State Department issue any

particular guidance for taking evidence in particular guidance for taking evidence in Korea?Korea?

Documents

Researching Foreign & Comparative Law. 5 Steps Of Foreign Legal Research n 1. What is the structure of the legal system you are intending to research?