Class 8 – Foreign Law Exercises Using Print Materials



Foreign & International Legal Research Exercises Using Print Materials

1 -8 Current Sources of Codes and Legislation in Jurisdictions in the World

9 Maritime Law Handbook

10 Electronic Payment Systems and Money Laundering

11 A Guide to Official Gazettes and Their Contents

12 Global Prescriptions: The Production, Exportation, and Importation of a New Legal Orthodoxy

13 Arab Comparative & Commercial Law: The International Approach

14 Modern Legal Systems Cyclopedia

15 Digital Anonymity and the Law: Tensions and Dimensions

16 Doing Business in Asia

17 International Insolvency

18 Martindale-Hubbell International Law Digest

19 Global Corporate Tax Handbook

20 Patents Throughout the World

21 International Encyclopedia of Comparative Law

22 Germain’s Transnational Law Research

23 The Europa World Year Book 2008

24 Mixed Jurisdictions Worldwide

25 Whose Body Is It Anyway?

26 International Criminal Accountability and the Rights of Children

27 Indigenous Peoples’ Land Rights under International Law

28 The UNIDROIT Principles in Practice

29 The Parliament of Man

30 Obeying Orders

31 Space as a Strategic Asset

32 Law in Radically Different Cultures

33 The Right of the Child to Religious Freedom in International Law

34 The Future of Reputation: Gossip, Rumor, and Privacy on the Internet

35 Legalizing the Holocaust – The Early Phase, 1933-1939

36 The Insanity Defense, The World Over

37 Genetic Testing and the Criminal Law

38 Introduction to Modern Hindu Law

39 Trafficking in Human Beings

40 Principles of Cybercrime

41 International Law & the Environment

42 Guide to Foreign and International Legal Citations

43 Global Medium, Local Laws: Regulating Cross-Border Cyberhate

44 Beyond Open Skies: A New Regime for International Aviation

45 Rules of Origin in International Trade

46 Bilateral Investment Treaties

47 Comparative Media Law and Ethics

48 The Expert Witness in Islamic Courts

49 Letters of Credit and Bank Guarantees under International Trade Law

50 Transnational Litigation in Comparative Perspective

NOTE: Do only one (1) of the following 8 exercises using Reynolds & Flores, Current Sources of Codes and Legislation in Jurisdictions in the World

1. You need to find a brief general discussion in English of Brazilian government policies affecting currency controls and capital transfers. Where does Reynolds & Flores suggest that you seek this?

Exchange Arrangements and Exchange Restrictions and World Guide to Foreign Exchange Regulations

Path to find it: “Brazil” > “Subject Arrangement” > “Currency Control and Foreign Exchange Regulation”. A search of WorldCat and the SMU Library Catalog confirms that the SMU Law Library has both of these, although the latter one is now called “Guide to Foreign Exchange Regulations” rather than “World Guide to Foreign Exchange Regulations”.

2. You need to find English versions of petroleum concession agreements between the Egyptian Government and major foreign-invested companies. Where does Reynolds & Flores suggest that you seek these?

Petroleum Legislation (North Africa).

Path to find it: “Egypt” > “Subject Arrangement” > “Petroleum”. A search of the SMU Library Catalog confirms that the SMU Law Library has this in both print and electronic formats.

3. You need to find an English translation of the Code of Criminal Procedure of South Korea. What two sources does Reynolds & Flores suggest for finding this?

(1) Current Laws of the Republic of Korea and (2) 4 Statutes of the Republic of Korea

Path to find it: “Korea, South” > “Major Publications” > “Major Codifications” > “Code of Criminal Procedure”. A search of the SMU Library Catalog confirms that the SMU Law Library has this in print format.

4. You need to find an English translation of Uzebekistan’s 1991 laws and regulations regarding the prevention of AIDS. What source does Reynolds & Flores suggest for finding these?

19 Annual Review of Population Law 404.

Path to find it: “Uzebekistan” > “Subject Arrangement” > “Health”. A search of the SMU Library Catalog confirms that the SMU Law Library has it in both print and electronic (via Hein Online) formats.

5. You need to find information in English regarding the rules applicable to compensation claims for personal injuries sustained in accidents in Mexico under relevant Mexican state and federal legislation. What source does Reynolds & Flores suggest for finding this?

9 Inter-American Trade Report Nos. 10 and 11 (2002).

Path to find it: “Mexico” > “Subject Arrangement” > “Personal Injury” > “Obligations”. A search of the SMU Library Catalog confirms that the SMU Law Library has this in print format.

6. You need to find an English translation of the 1999 Trade Competition Act of Thailand. What source does Reynolds & Flores suggest for finding this?

53 Royal Thai Government Gazette no. 6 (Jun 99).

Path to find it: “Thailand” > “Subject Arrangement” > “Antitrust and Trade Regulation (Unfair Competition)”. A search of the SMU Library Catalog shows that the SMU Law Library does not have the Royal Thai Government Gazette in any format. A search of WorldCat shows that the following 9 academic libraries in the United States have it: California-Berkeley, Columbia, Cornell, Harvard, Hawaii, Michigan, Northern Illinois, Washington, and Yale. As an SMU law student, there is a possibility that you could obtain this by making an inter-library loan request (see instructions at the Underwood Law Library’s website).

7. You need to find an English version of the 2002 law in Albania regulating air pollution and air quality. What source does Reynolds & Flores suggest for finding this?

Albania Ministry of Environment website: .

Path to find it: “Albania” > “Subject Arrangement” > “Environmental Protection”.

8. You need to find an English translation of Moldova laws regarding Moldovan citizenship. What source does Reynolds & Flores suggest for finding this?

The website of the U.N. High Commissioner for Refugees at:

.

Path to find it: “Moldova” > “Subject Arrangement” > “Citizenship and Nationality (Aliens)”.

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NOTE: Do as many of the following exercises as you wish, in any order you wish.

9. According to this book, under applicable Chinese law, can a vessel which is owned 50% by a Chinese individual or legal entity and 50% by a foreign (non-Chinese) individual or legal entity be allowed to fly the flag of the People’s Republic of China?

Yes, if the ownership of the vessel is through a joint venture between the Chinese party and the foreign party.

Path to find it: In the section on the People’s Republic of China, find “Part II. Flag and Registration of Vessels and Mortgages on Vessels”. Section 1.4 (“Registration and flag”) states: “Under the RSR (Regulations of the People’s Republic of China Regarding Registration of Ships), which specifically deals with vessel registration and mortgage registration, a vessel is not allowed to fly the Chinese flag unless she has been duly registered in accordance with Chinese law”. Section 2.2(b) states: “…in the case of a joint venture between Chinese and foreign parties, the shareholding of the Chinese shareholder shall not be less than 50 percent”.

10. According to this book, what are the three (3) major initiatives in the field of international police cooperation with respect to electronic payment systems and international money laundering in Europe?

Interpol, the Schengen Agreement and Convention, and Europol.

Path to find it: Look in the Table of Contents to find “Chapter 4: Money Laundering” and then “4.4.6: International Police Cooperation”. Section 4.4.6 begins on page 105, where the three initiatives are mentioned in the first sentence of this section. The initiatives are described on pages 106-110.

11. What is the title of the Official Gazette of Thailand? Are court decisions included in it? Does it have a subject index?

Ratkitchanubeksa. No. Yes.

Path to find it: By country, alpahebetically.

12. In your own words, please briefly describe what you think that this book is about. What is the common theme tying together the individual essays that comprise this book?

(Subjective – I would describe it as a collection of essays on the “globalization” of legal doctrines that predominate in the West, with a critical point of view).

Path to find it: Need to read the table of contents, introduction, and skim through the book.

13. In your own words, please briefly describe one of the transnational law issues discussed in this book.

(Many possible – one example is the enforcement of a foreign arbitral award in Syria.)

Path to find it: Browse the book. The example I gave is found on pages 266-267.

14. According to the relevant section of this book, does customary international law provide for a right of land-locked States to be afforded a certain reasonable degree of access and transit to the open sea?

No.

Path to find it: Look in the Table of Contents under “General Studies – (B) Law of the Sea”. Find “Section Six: The Land-Locked States and Their Rights of Access to and from the Sea and of Transit Across Intervening Sovereignties in International Law”. The section begins on page 5A.260. The answer can be found in Section 1.5 (“Conclusion”): “As a general comment upon the foregoing arguments, it is fair to conclude that a firm right of access and transit does not exist at customary international law”.

15. Based on your quick overview of this book, which jurisdiction appears to be more generally supportive of the concept of a “right to anonymous speech” – the United States or the European Union? On what do you base your conclusion?

Hard to say – but, perhaps, the United States.

Path to find it: Browsing this book indicates that it is hard to generalize on this question as the U.S. and E.U. have different statutes, regulations, and cases on various aspects of the “anonymous speech” issue. But the following quote on page 5 is interesting: “Despite a few small clouds on the jurisprudential horizon, in the U.S. (although, perhaps, all of a sudden, not in the European Union) the formal legal protection of the right to anonymous speech is at an all-time high.”

16. The Board of Investment of Thailand permits a foreigner to obtain a permanent residence permit in Thailand if such foreigner purchases, and holds for at least five years, a condominium in Thailand worth at least a certain amount. What is the minimum purchase price that such foreigner must pay in order to be eligible for a Thai permanent residence permit under this program?

8 million Baht (approximately US $220,000) – plus 6 million Baht for the person’s spouse and 2 million Baht for each child under 20 years old.

Path to find it: The relevant section is “Labour and Nationality Laws” (begins at 60-001). The relevant information is on page 81,423 (60-032) under the heading Resident.

17. According to this book, did the transfer of the sovereignty over Hong Kong from the United Kingdom to the People’s Republic of China on July 1, 1997 (the “Handover”) have any impact on the insolvency laws of Hong Kong?

No.

Path to find it: The general overview on Hong Kong Law (HK-6) mentions that Article 8 of the Basic Law preserves the validity of Hong Kong’s existing laws prior to the Handover.

18. According to this book, what is the minimum age to obtain a driver’s license in South Korea?

18

Path to find it: In the table of contents (“Category/Topic”) for “Republic of Korea Law Digest”, find the heading Transportation and the sub-heading Motor Vehicles. Then, turn to page 18 as indicated and find the answer in the second sentence under the relevant heading.

19. According to this book, what is the rate of tax of the zakat (an Islamic direct tax on property and income) in Saudi Arabia?

2.5%

Path to find it: Section 3.1 on page 830.

20. According to this book, in determining what is patentable in Tanzania, Tanzanian law follows exactly the law of what other country?

United Kingdom

Path to find it: Section 164:7, on page 164-2.

21. According to this book, what is “negotiorum gestio”?

Management of the affairs of another without the principal’s mandate or consent.

Path to find it: Look for “Negotiorum Gestio” in the table of contents or index. Find the page where the relevant section begins and read it.

22. What is the first recommended book under the heading “Where to Start” for conducting research on Antarctica?

The Antarctic Legal Regime. Christopher C. Joyner and Sudhir K. Chopra, eds. Dordrecht, The Netherlands: Nijhoff; Norwell, Mass.: Kluwer, 1988.

Path to find it: Look in the Index for “Antarctica”. The index refers the reader to Chapter IV. Now go to the Table of Contents. Chapter IV (“Subjects”) includes a sub-chapter on Antarctica, which begins on page IV-21. The “Where to Start” section (3.01) begins on page IV-22.

23. What was the cause of the political crisis in Nauru in July 2002? What happened in May 2005 and July 2005 in regard to this matter?

President Harris unilaterally recognized the People’s Republic of China, thus ending 22 years of diplomatic relations with Taiwan. In May 2005, the Chinese government announced that Nauru had switched its allegiance back to Taiwan. In July 2005, it was reported that Taiwan was to pay the outstanding salaries of some 1,000 workers from Kiribati and Tuvalu, who had remained stranded on Nauru since the island’s financial crisis had resulted in the government’s inability to pay their wages.

Path to find it: Browse through the “Introductory Survey” section on Nauru, and find the relevant information near the bottom of page 3242.

24. According to this book, what was a significant factor in the decision to retain much of the civil law system in the State of Louisiana?

Several factors are discussed in the chapter on Louisiana law. On page 260, there is the following statement: “The American authorities did wish to impose the common-law system on the new territory. However, the weight of the French and Spanish culture, the sheer size of the European population as compared to the American, was the major variable in preventing the complete triumph of the common-law system”.

Path to find it: Look for “Louisiana” in the table of contents or index, and then read the parts under the most promising headings such as “Retention of Private Civil Law” (page 260) and “Justification for Retention of Civil Law” (page 266).

25. Give one example in this book where the author makes a comparison between the law of one country and that of another on the same or similar subject matter.

Countries in Europe that have adopted “Bad Samaritan” laws (i.e., laws that make it a crime not to help the imperiled when one could help them at very little cost to oneself) – France, Germany, Belgium, Netherlands, Portugal, Russia – versus the United Kingdom and the United States (with the exception of Massachusetts, Minnesota, Rhode Island, Vermont, and Wisconsin) which do not have such laws.

Path to find it: Browsing the book, particularly the footnotes, is a useful method. The example given above is on page 40.

26. According to the Appeals Chamber of the Special Court for Sierra Leone, up to what age does the recruitment or use of an individual for active participation in hostilities violate international law?

14

Path to find it: The relevant information can be found on page 19. One effective way to find the information is to look in the index at the back of the books under the heading “Sierra Leone – Special Court for” and turn to the pages recited there.

27. According to the author, what “shift” took place during the 19th century which caused treaties with indigenous peoples to be regarded as “domestic” matters rather than “international” obligations.

Indigenous peoples were not considered sovereign entities anymore; thus, treaties with indigenous peoples were suddenly regarded as domestic matters rather than issues concerning international obligations.

Path to find it: The relevant information is in Chapter 2 (“Means of Extinguishment”) in part A (“The Extinguishment of Indigenous Territorial Sovereignty by Colonial Treaties”), on page 43.

28. According to the relevant UNIDROIT principle, when a contract is drawn up in two or more language versions which are equally authoritative, in the case of a discrepancy between the versions, which version should be given preference?

The version in which the contract was originally drawn up.

Path to find it: The relevant section is in Chapter 4 (“Interpretation”), Article 4.7 (“Linguistic Discrepancies”). It is on page 244.

29. According to the author, what 5 countries are most often “short-listed” as potential new permanent, veto-possessing members of the United Nations Security Council?

Brazil, Germany, India, Japan, South Africa.

Path to find it: Look at the table of contents and notice the chapter “The Promise and the Peril of the Twenty-first Century”. Browse this chapter and find the answer on page 250.

30. Did you find any interesting or useful information in this book? If so, what?

(Subjective question)

31. The author describes four “schools of thought” on space weaponization. Which school of thought do you most agree with?

(Subjective question)

Path to find it: The relevant part of the book is Chapter 5: “The Weaponization of Space”. The four schools of thought are described on pages 131-136.

32. According to information provided in this book, what is the “traditional” Chinese attitude toward the concept of the “rule of law”?

Very negative (with the exception of certain philosophical schools in traditional China, particularly the Legalists) -- A ruler who governs by the “rule of law” is admitting the loss of virtue and the breakdown of the system of education. Li (propriety/virtue) is associated with Confucius, whereas fa (law) is associated with the harshly despotic Ch’in dynasty which united the Chinese world under the control of a centralized bureaucratic empire in the third century B.C.

Path to find it: The relevant section is “Introductory Note on China and the Role of Law in China” (begins on page 102). The relevant part is on pages 102-112.

33. According to the author, the European Court of Human Rights suggests that children must be of a certain minimum age to be proselytized (for example, in Ciftci the court held that requiring children to have finished primary education before attending Koranic classes was aimed at their acquisition of a certain level of maturity before making religious choices). What is the author’s attitude (supportive or critical) toward the ECHR’s position in this matter?

Critical

Path to find it: In the Table of Contents, find “Chapter 6: The ECHR” and, under that, “Section 3: Freedom of Religious Choice” and “Meaning of Coercion for Children”. The relevant discussion is on page 215.

34. What possible solutions does the author recommend to address the phenomenon of “Internet shaming”?

The author recommends education to create new social norms respecting privacy. Legally: put more emphasis on privacy interests at the expense of free speech interests.

Path to find it: The author provides some possible (but perhaps very limited) solutions in the final chapter, “Conclusion: The Future of Reputation”.

35. Find, from within this collection of documents, a diplomatic letter from the United States Embassy to the German Ministry of Foreign Affairs. Briefly summarize the contents of the letter.

Path to find it:

36. Find two examples – (1) of a country for which the burden of proof of showing sanity/insanity (or legal capacity/disability, etc.) is on the prosecution and (2) of a country for which such burden of proof is on the defense counsel.

Path to find it:

37. Briefly describe the legal/constitutional issue in the “bleeding Madonna” case in Italy.

Path to find it:

38. According to information contained in this book, into which caste is a new convert to Hinduism placed?

Path to find it:

39. Which six countries are named by this book as common countries of origin of disabled children who are exploited for street begging, often in tourist areas?

Path to find it:

40. According to this book, what company was victimized by an Internet “pharming” scheme in 2006?

Path to find it:

41. According to this book, what are the three criteria that can be used to measure the effectiveness (or lack thereof) of international environmental law?

Path to find it:

42. According to this book, from among Mexico, New Zealand, Philippines, Russia, and Switzerland, only one of those countries has its own general legal citation practice manual. Which country is it?

Path to find it:

43. What was the ultimate court decision (at the end of various appeals and reversals) in the so-called “Nuremberg Files website” court case?

Path to find it:

44. Summarize something from this book that you found interesting.

(Subjective question)

45. Summarize something from this book that you found interesting.

(Subjective question)

46. Summarize something from this book that you found interesting.

(Subjective question)

47. Summarize something from this book that you found interesting.

(Subjective question)

48. Summarize something from this book that you found interesting.

(Subjective question)

49. Summarize something from this book that you found interesting.

(Subjective question)

50. Summarize something from this book that you found interesting.

(Subjective question)

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