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FOREIGN & INTERNATIONAL LAW

References
Maureen F. Fitzgerald, Legal Problem Solving: Reasoning, Research and Writing, 2nd ed. (Toronto: Butterworths, 2001), Chapter 12. Call Number: KL155 .F57 2001

Websites
Best Legal Research: http://www.legalresearch.org/: Other Jurisdictions Bora Laskin Guide: http://www.law-lib.utoronto.ca/resguide/: Researching International Law Queens Legal Research Manual: http://library.queensu.ca/law/lederman/index.htm (for U.K, American and International and Foreign Law)

The following is a basic introduction to the research tools necessary to conduct legal research in other commonwealth countries such as England and Australia, in the United States, and other in international law. The tools include both paper and online sources.

A. English Law
PRINT RESEARCH TOOLS: Halsburys Laws of England Halsburys is a multi-volume encyclopedia of English common law. The fourth edition is the most recent. The third edition is more helpful to researchers with an interest in Canadian application because it features the Canadian Converter, which footnotes the text with Canadian case references. Moreover, English common law has in recent years been influenced by statutes and by its membership in the European Union, thus making it less relevant in Canadian courts. Halsburys features the following: Table of Contents at the beginning of each title; Consolidated Index; Consolidated Table of Cases; Consolidated Table of Statutes.

120 Updates to the current edition appear in the Cumulative Supplement, which is organized according to volume and paragraph numbers, the Annual Abridgment volumes and the Note Up tab in the Current Service binder. The third edition of Halsburys is a set of green volumes located in the reference tables on the main floors and upstairs, call number KF85 .H1 1952. The most current version of the Supplement and the Current Service binder are only found on the main floor of the library. The Canadian Converter (CC) volumes are sprinkled throughout the regular volumes of the third edition. The fourth edition of Halsburys is organized very similarly to the third edition. There are 50 of the regular volumes, and then 2 more that deal particularly with the European Union. The fourth edition is chocolate brown with a burgundy-coloured label on the spine and is located next to the third edition, call number KF85 .H1 1973.

The Digest The Digest provides case digests for English, Scottish, Irish, Commonwealth, European Court of Justice, and European Court of Human Rights cases. The Digest (formerly English and Empire Digest), consists of 51 volumes of case digests organized by subject headings, with cross-references to Halsburys. The Digest features the following: Table of Contents at the beginning of each title; Index volume; Consolidated Table of Cases volume; Consolidated Table of Statutes.

References in the Index are to the volume (bold), title of the subject heading (italics) and the case number. Each case digest is followed by an annotation listing judicial consideration of the case. Information found in the Digest is updated using the most recent Cumulative Supplement and Quarterly Survey (only found downstairs in the reference area). The Digest is a burgundy coloured set, with a green label on the spine. Call number is KF85 E6. It has a very user-friendly user guide that you should consult when doing research using this tool.

Individual Reports Another useful tool to locate English cases on a particular topic is the Law Reports Index, a series of red-bound volumes (located at the Reference Table at KF55.Z17) containing indexes, and tables of cases and statutes judicially considered for decisions contained in the Law Reports, the Weekly Law Reports and the Industrial Case Reports. Each index

121 only covers a period of about 10 years, so you might have to look at more than one volume to cover the relevant time period. Moreover, the All England Reports also feature a consolidated table of cases, a consolidated table of statutes, and a subject index. The All ER's also provide a volume of Canadian Annotations to the Consolidated Tables and Index, which lists Canadian authorities that have considered English cases. The index and tables are located next to the All England Reports volumes, upstairs. Call number is KF60 A5.

A note on the old English Reporters Many of the citations in Halsburys and the Digest refer to very old cases first appearing in a nominate report. These reports are usually named after the private reporters of those reports. Many nominate reporter series have been reproduced in the English Reports (ER), which purports to be a complete, verbatim re-issue of all published decisions of the English courts prior to 1866. To locate a case in a nominate reporter, you can use the Index Chart issued for The English Reports (E.R. Index Chart). This Index Chart is a little burgundy volume found adjacent to the last volume in the ER series (Call number is KF 53 E6). The E.R. Index Chart has two tables. The first table lists the volumes of the ER series in numerical order, together with the source of the judgments (i.e. the court) and the time span of the coverage. For instance, volumes 1 to 11 contain cases from the House of Lords, 1694-1865, and volumes 72 to 122 reproduce judgments from the Court of Kings Bench, 1378-1865. The second table lists all the nominate reports (the table lists them as Old Reports) alphabetically and the volume(s) in the ER in which the judgments are reproduced. The table also lists abbreviation(s) of the name of the nominate reporter, the approximate time period covered, and the court. If you cannot find the title of your reporter in the orange Serials list, remember the English Reports. Note also that many of the British reports are prefaced by the words, Law Reports: The Scotch Appeals reporter, for instance, will be found in the serial list not under S, but rather under L. It is listed as Law Reports: Scotch Appeals.

Current Law Current Law is a set of index volumes and yearbooks, including monthly supplements. This tool also includes references to journal articles (found in the Reference Section at KF85).

122 Current Law also features Case Citator volumes for judicial consideration of English cases and statutes. For the most current citations, you can look at the Table of Cases in the monthly supplements.

ONLINE TOOLS: Lexis You can access Lexis from the UBC Law Library home page (www.library.ubc.ca/law), Commercial databases and clicking on the Lexis icon. The United Kingdom library, ALLCAS file provides access to the All England Law Reports from 1936, all available English reported cases since 1945, as well as many topical reporters such as the Family Law Reports, Construction Law Reports and Weekly Law Reports. It also contains unreported decisions since 1980 rendered by the House of Lords, Privy Council, and Court of Appeal, Queens Bench Division (1983), and other courts. The Statutes and Statutory Instruments of England and Wales (STATIS file) contains all current Public and General Acts of England and Wales, as well as rules, regulations and orders of England and Wales.

Quicklaw Quicklaw has an important although limited coverage of United Kingdom case law (in the UKJ database). It contains decisions from the House of Lords since 1986, decisions from the Privy Council from 1987, and England and Wales Court of Appeal judgments from 1989. Quicklaw also features a global Commonwealth database (CWTH) that holds selected case law from the UK, Australia, the Caribbean and some countries in Africa (Uganda, South Africa, Tanzania).

British and Irish Legal Information Institute (BAILII) website: http://www.bailii.org This website contains a searchable database of English and Irish legal materials such as cases and statutes. You can also access it through the law library (www.library.ubc.ca/law) Legal Websites and Databases => Case Law => Foreign.

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B. Australia

PRINT RESEARCH TOOLS: The Australian Digest The third edition of the Australian Digest includes the following: Consolidated Index; Consolidated Table of Cases; Consolidated Table of Statutes; Key and Research Guide and a Words and Phrases. The Digest is located in the reference section. The First edition has call number KH51.A96 D53, the Second edition has call number KH51.A96 D54 and the Third edition is located at call number KH51.A96 D55. Entries in the third edition of the Australian Digest can be updated by looking through the yellow supplement pages following each chapter. There is an index at the end of each section of the yellow pages. You can search through those update indexes using the same key words as used in searching the consolidated indexes, or you can look under the same Division number as you did in the digest.

Australian Legal Monthly Digest To further update your search, use the Australian Legal Monthly Digest, which is located in the same section of the stacks, below the Australian Digest (3d. edition). These monthly supplements are arranged by year -- call number KH51.A96 L44. The first step is to go to the Updater to the Australian Digest in the Cumulative tables booklet. Find the latest Cumulative table. Look under the title(s), and Division number(s) that you were searching. If there is an entry adjacent to the title and division number, then refer to the Digest of Law booklet(s) for the month(s) indicated. If there is no entry, then no case has been summarized under that title and square bracket number in the relevant years. To further update your research or to find unreported cases, you need to look at the Australian Legal Monthly Digest Advance. This publication appears every two weeks, and bills itself as a companion to the Australian Legal Monthly Digest. The ALMD Advance volumes are bound in collections by year. Our library covers 1993 to present.

124 Every three months its Cumulative Tables are published, containing a table of cases and an index. Index sections are arranged according to the same titles as in the Australian Digest. Note the word cumulative refers only to those cases covered within the same year, to date of publication, and not to cases from previous years. Note also that the term unreported applies at the date of issue of the particular ALMD Advance issue. Many of the cases will subsequently be reported in a report series, and will then be digested in the Australian Legal Monthly Digest. The ALMD Advance is found on the bottom shelf, in the same area as the rest of the Australian Digest Service publications -- call number KH51.A96 L441.

To be thorough, you would have to search all of the ALMD Advance issues. This can be done by searching the index in the Cumulative Tables, found at the back (occasionally at the front) of each annual collection.

Australasian Legal Information Institute (AUSTLII) website: http://www.austlii.edu.au

This site is definitely the easiest and most helpful tool when researching Australian law! It provides access to decisions from the Federal courts of Australia, as well as the individual state court decisions and administrative tribunal decisions. You can also access Australian legislation on this site. The search engine is also easy to use, allowing you to narrow down your search to statutes or cases, and by jurisdiction and court level. The AustLII finder puts little red arrows around your search terms - the arrow on the right takes you to the next occurrence of that search term. You can also use the Find command on your browser (under the Edit menu) to find occurrences of certain keywords.

Quicklaw The database AUS on Quicklaw also contains decisions rendered by the Australian High Court (since 1903), the Australian Federal court (1977-1999), as well as some administrative tribunal decisions. However, this commercial database is not as comprehensive as the free AUSTLII website.

Lexis Lexis gives you access to combined unreported and reported Australian cases, including decisions from the federal courts, some administrative tribunals, and the Supreme Courts

125 of New South Wales, the Australian Capital Territory, the Northern Territory, South Australia and Tasmania. Lexis also gives you to some Australian law journals.

C. United States

PRINT RESEARCH TOOLS: Legal Encyclopedias There are two American legal encyclopedias: The American Jurisprudence (Am.Jur.2d) and the Corpus Juris Secondum (C.J.S.). These are essentially similar: they both have subject indexes, they both have text setting out the law in a particular area extensively footnoted with references to cases and statutes, and they are both updated using pocket supplements. However, the main difference between these two tools lies in the content. The C.J.S. provides references to other West publications such as West digests and West practice books, whereas the Am.Jur.2d refers mainly to the American Law Reports (A.L.R.).

The Am.Jur.2d The Am.Jur.2d is located in the reference area on the main floor. The call number is KL22 A447. Am.Jur.2d comprises over 80 green volumes, and is organized by subject areas (titles). Am.Jur.2d also includes 5 general index volumes, a table of statutes, rules and regulations cited, and a new topic service. Am.Jur.2d covers both state and federal law. Each volume contains a brief table of contents for that volume, and an index for each title in the volume. Each volume is updated using pocket supplements. Each title begins with a short description of the scope of the title, a reference to coverage in other volumes, research references to ALR and Auto-cite, practical references, and an outline of the federal legislation bearing on the topic.

The Corpus Juris Secundum The Corpus Juris Secundum is a legal encyclopedia comprising approximately 150 dark blue volumes and located adjacent to the Am.Jur.2d in the reference section. The call number for this series is KL22 C67. At the beginning of each volume is a table of abbreviations and a complete list of Titles. There is a Table of Contents at the beginning of each Title, followed by a detailed table giving an overview and brief introduction to the substance of each numbered paragraph. At the back of each volume is an index for

126 each Title in the volume. If more than one volume is required to cover the entire Title, the index for that Title is contained only in the last volume. For instance, the index to Labor Relations (spanning three volumes) is only found in volume 51b. Like the Am.Jur.2d, the C.J.S is updated using annual, cumulative pocket supplements for each volume. The C.J.S also includes a 3-volume general index. Also, near the beginning of each C.J.S sub-topic is an entry, Library References, which refer you to the West key number system. Digests
The West key number system

West uses the key numbering system to categorize each rule of law set out in a case. This system comprises 2 elements: a Topic and a key number. The Topic and key numbers then become part of the headnotes that appear at the beginning of every case reported in a West reporter, and are also used in the West digests as a classification system. This system makes it easy to locate the passage in a particular case that deals with the specific rule of law, as well as to trace more cases on the same rule. The West Federal Reporters include the Supreme Court Reporter (decisions of the U.S. Supreme Court), the Federal Reporter (1st, 2nd and 3rd series) (decisions of the U.S. Court of Appeals), and the Federal Supplement (decisions of the U.S. District Court). West also publishes regional and state reporters. There are numerous West digests, including federal, regional and state specific. Federal digests include the Federal Digest (up to 1940) and the Federal Practice Digest (2d, 3d, and 4th). The most comprehensive digest is the Decennial Digest, which includes cases from both the federal courts and all of the state courts. The Decennial Digest As its name indicates, each Decennial Digest series covers a period of 10 years. However, because of the increasing number of cases, the Decennial Digest is now (since the 9th Decennial Digest, divided into two parts. Part 1 of the Tenth Decennial Digest covers cases from 1985-1991 and Part 2 digests cases from 1991-1996 (i.e. each part covers a period of 5 years only). Each series is then divided into topic-volumes. To do a comprehensive digest research over a long period of time, one must therefore examine each series of the Decennial Digest, in the relevant topic-volume, using the Key number system described above. If you are unsure about the area of law you should be researching (i.e. what title and volume), you can search using keywords in the Descriptive Word Index, which provides cross-references, relevant topics and key numbers.

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When you are reading the digests under the correct topic and key , you will notice that some digests refer you to sections of the United States Code Service (USCS) and the United States Code Annotated (USCA).

The General Digest The General Digest series is arranged differently than the Decennial Digest, with each volume containing coverage of all the Topics and Key numbers. However, any given volume will not necessarily contain entries under each key number if there were no decisions on point for the time period covered. Every tenth volume contains a Descriptive Word Index (which is not as comprehensive as the Decennial Digest index), a table of cases, and a table of key numbers. The Table of Key numbers will tell you which volumes covered in that table contain entries under each key number (this might save you a bit of time, since otherwise you would have to check each individual volume under your topic and key number).

American Law Reports (A.L.R.s) The American Law Reports (call number KG357.A69) selectively cover certain topics and are a good source of background information. Like legal encyclopedias, they are frequent starting points for research. The A.L.R.s include both case opinions and articles called annotations. An opinion includes a summary of the decision, headnotes, counsel, and the opinion of the court. Annotations follow each case; they are often lengthy but well organized, with indexes and tables of contents. They include a scope note, a list of related matters, and the text of the annotation with briefs of applicable cases. Use the 1st series for any items settled by around 1910; otherwise use the 2d through 5th series because these supplement and supercede the 1st series. The A.L.R.s included both state and federal cases until 1969 when federal cases warranted their own series, the A.L.R. Fed. Early A.L.R.s include Canadian and British cases. A.L.R. annotations are arranged by date, basically, and must be located with an index. The annotations remain valuable long after being published because they are kept up-todate by various means, mainly by pocket supplements in each volume.

Statutes There are three kinds of sources to find American federal statutes: 1) Statutes at Large: these consist of session laws (i.e. statutes published in chronological order), similar to our Canadian yearly statutes.

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2) United States Code (USC): these statutes are organized by topic, not by date. This is the official code and only contains the text of the statutes. This collection is similar to our revised statutes. e.g. USC 18 2510 (where the first number refers to the Title in the Code and the second number refers to the section number). 3) Annotated Codes: The United States Code Service (USCS) and the United States Code Annotated (USCA) are the two main federal annotated codes. These set out the text of the statutes, as well as cross-references to other possibly applicable statutory and regulatory provisions, a list of law review articles, and short annotations for cases that have interpreted and/or applied the statute. These are not official.

The USCS The United States Code Service is located on the top floor in the library in the first stacks on the right as you come up the stairs. The call number is KG321 U548. It is comprised of over 100 Title-volumes and a 4-volume General Index. Each section of the statute is identified by the symbol followed by the section number. This is followed by the text of that section (in large print). Under the text of the section, you will find references to the originating statute and subsequent amendments. There is also a section entitled History; Ancillary Laws and Directives which sets out the text of amendments. The section called Code of Federal Regulations refers you to the regulations (found in the Code of Federal Regulations) made pursuant to the Act. Cross References directs you to other relevant portions of the United States Code Service. The Research Guide points to other secondary sources such as law review articles, Am.Jur references and ALR annotations. Finally, the section entitled Interpretive Notes and Decisions outlines case annotations for cases that have judicially considered the statute. The USCS is updated using the pocket parts, as well as the Statutory Service Volumes for the current year.

ONLINE RESEARCH TOOLS: Quicklaw Quicklaw holds a substantial collection of US materials, especially since its acquisition by Lexis. You can search U.S. Supreme Court decisions since 1790 and U.S. Federal Circuit Courts of Appeal decisions since 1930. The coverage for state court decisions varies from state to state. Quicklaw also has a current version of U.S. Code and Public Laws since 1995.

129 WestlaweCARSWELL You can have access to the wealth of U.S. and international materials on Westlaw with your WestlaweCARSWELL password. It includes access to cases (both federal and state), statutes (both federal and state), a citator and journal articles.

Lexis Lexis competes with Westlaw in its coverage of American law, both cases and statutes, which is extensive. It offers the Sheppards citator online, which is the one most commonly used by American researchers, although it is different than Westlaws Keycite.

Findlaw: http://www.findlaw.com Findlaw is also web-based but unlike Westlaw and Lexis, is free of charge for all users, even after you have graduated from law school! Its coverage of U.S. case law and statutes is quite extensive if not comprehensive. Because Westlaw and Lexis are so expensive to use, it is not a bad idea to familiarize yourself with this research tool. U.S. Circuit courts are the Courts of appeal at the federal level.

D. International Law

The internet may not be the most efficient way of finding international materials, but it is definitely the most accessible (i.e. you can do it from home!). The trick in doing international law research is to know which sites will be fruitful in your research. Usually, the United Nations official website is always a good place to start, although it is a HUGE site and thus sometimes frustratingly slow. If you know the U.N. organisation or agency that is the secretariat for the convention you are looking for, that is the best place to start. You will also usually find on those sites a wealth of related information, such as background information, official documents (i.e. resolutions, recommendations, etc). Reliable Non-Governmental Organisations also usually have great websites that will link to important international legal materials. There are also sites which act as directories of useful links. These are usually created and maintained by universities (mostly American). The following are some of these useful directory-type sites.

130 UBC Law Library homepage: www.library.ubc.ca/law Under the Legal Websites and Databases, choose the link to International Resources. This directory of links to international law materials (and the European Union!) is a great resource. As a UBC Law student, you can also access the United Nations Treaty Database through our law library website (our library has a subscription). Simply click on the United Nations Treaty Collection link on the left hand side of the home page. This database contains all treaties deposited with the Secretary-General of the United Nations. You can access these by an alphabetical index, topical chapters, or by keyword search. From the UBC Law Library home page (under Legal Websites & Databases) you will also find a link to Treaties. Within this link, go to Treaty Research Guides. There you will find a PDF file titled Guide to Treaty Research. Findlaw: http:// www.findlaw.com Findlaw has links to international law and to the laws of other countries. Go to the Findlaw homepage and click on the Findlaw for Professionals link and then the Foreign & International link under the Research and Reference heading. United Nations Homepage: http://www.un.org The United Nations website has general information about the U.N., lists conferences and events, and contains articles from the U.N. NewsCentre. The page also has a searchable treaty database, which contains most bilateral, multilateral and international conventions that have been registered at the UN. Unfortunately, as of March 2000, the treaty database site is no longer free. You must register and pay a fee to be able to use it. However, there are other (free!) ways to get to some of these international agreements, such as going straight to the convention secretariat, to web directories or NGO sites. World Legal Information Institute : http://www.worldlii.org/ The WorldLII site is a directory of sites containing international legal materials and foreign law materials. This site is affiliated with the Australasian Legal Information Institute (AUSLII), the Canadian Legal Information Institute (CANLII) and British and Irish Legal Information Institute (BAILII), which have been described in previous sections of this Handbook. ICJ Website: http://www.icj-cij.org/ The International Court of Justice homepage contains all the decisions made by this court, either in summary or full-text form, or both. You can search it by date or by keyword.