Globalex May 2019 Issue Now Live

By Lucie Olejnikova

The May 2019 issue features four articles: a new Third-Party Funding in Investor-State Dispute Settlement, and three updates Benin, Gabon, and North Korea. Benin and Gabon articles are in French. Webmasters and content managers, please update your pages. Congratulations! Thank you to all of our established and new contributors!

Researching Third-Party Funding in Investor-State Dispute Settlement by Shery Xin Chen & Kirrin Hough at http://www.nyulawglobal.org/globalex/Third-Party_Funding_Investor-State_Dispute_Settlement.html.

Sherry Xin Chen is a legal information librarian and lecturer in law at Boston College Law School. She teaches both U.S. and international legal research courses and is active in AALL’s Foreign, Comparative & International Law section, currently chairing one of its interest groups on electronic research and resources. She holds a B.A. from Shanghai International Studies University, China, and both a J.D. and a M.S. in Library Science from the University of Michigan, Ann Arbor. She is admitted to practice law in the State of New York.

Kirrin Hough is a U.S. attorney admitted to practice law in Maryland. She is a Graduate Fellow of the Boston College Law & Justice in the Americas Program and a member of the Boston College Law School Working Group on Investment Reform. She has authored and coauthored articles on investment arbitration and investment law reform for the American Society of International Law’s Insights, the International Institute for Sustainable Development, and the Journal of International Economic Law. Kirrin holds a B.A. from Georgetown University and a J.D. from Boston College Law School

METTRE À JOUR: Introduction au Système Juridique et Judiciaire du Bénin by Dr Gérard AÏVO et Lazard H. HOUNSA at http://www.nyulawglobal.org/globalex/Benin1.html.

Gérard Aïvo est Docteur en droit public, Enseignant- Chercheur à la faculté de droit et de science politique de l’Université d’Abomey Calavi du Bénin.

Lazard Hounsa est Juriste et chercheur, Président de l’association des Jeunes juristes du Bénin, membre du Centre de droit constitutionnel.

METTRE À JOUR: Le Système Juridique Gabonais et la Recherche Juridique by Professeur Alexis ESSONO OVONO et NZE-MEZUIE Steevens at http://www.nyulawglobal.org/globalex/Gabon1.html.

Dr. Alexis Essono Ovono a obtenu son doctorat en droit public à l’Université Toulouse 1 en France, avec une mention honorable et des félicitations. Il est actuellement directeur de la maîtrise en droit public et gouvernance des organisations publiques à la faculté de droit et d’économie de l’université Omar Bongo au Gabon. Avant d’occuper son poste actuel, il était professeur adjoint de droit public.

Steevens Nze-Mezuie est titulaire d’une maîtrise en recherche avec option de droit public fondamental obtenue à l’Université Omar Bongo de Libreville, Liberville, Gabon. Il est actuellement titulaire d’un doctorat étudiant au département de droit public de l’Université Omar Bongo au Gabon. Ses recherches portent sur la relation entre investissement et droits de l’homme en Afrique.

UPDATE: Overview of the North Korean Legal System and Legal Research by Patricia Goedde and Martin Weiser at http://www.nyulawglobal.org/globalex/North_Korea1.html.

Patricia Goedde is Associate Professor at Sungkyunkwan University School of Law, in Seoul, South Korea. She received a J.D. and Ph.D. (Asian and Comparative Law) from the University of Washington, School of Law. Her latest publication on North Korea can be accessed here: Human Rights Diffusion in North Korea: The Impact of Transnational Legal Mobilization, 5 Asian J. Law & Society 175 (2018). It also appeared in North Korean Human Rights: Activists and Networks (D. Chubb & A. Yeo eds., Cambridge Univ. Press, 2018) publication.

Martin Weiser received an MA in political science at Korea University in Seoul, South Korea. His recent article on North Korean law can be accessed here: Unseen Laws: A Qualitative Approach to Developments in North Korea’s Legal System, 17 European J. of Korean Studies 22 (Spring 2018). Martin Weiser focuses his research on North Korea and developed and runs the North Korean Information Project, which collects and organizes information about and the laws of North Korea.

For more articles, visit http://www.nyulawglobal.org/globalex/index.html.

Join the FCIL-SIS Continuing Education Committee for Our First Webinar and In-Person Event!

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The FCIL-SIS Continuing Education Committee is excited to announce its first two events!

Working with Non-English Materials for the English Speaker Webinar on June 6, 11 am-12 pm US/Central

On June 6, 11 am-12 pm US/Central, please join us for a webinar on Working with Non-English Materials for the English Speaker. Register for the webinar now at https://www.aallnet.org/forms/meeting/MeetingFormPublic/view?id=14E74000002E9!

As the world becomes increasingly interconnected, most of us will inevitably need to research laws from non-English speaking countries, whether we are helping a firm close an international business deal or a professor perform comparative research. In this webinar, a panel of experienced foreign, comparative, and international law librarians who have worked in Europe, Africa, Asia, Canada, and the Caribbean will provide practical guidance on finding English translations of non-English laws, gathering enough understanding about a non-English document to identify whether it is relevant to your research, and finding help if you’re truly stuck.

Participants will come away with a bibliography of reliable translation materials and the ability to select the dictionaries, translation services, and finding aids suited to a specific task, whether the goal is to catalog a document, provide document retrieval, or answer a complex research question.

The webinar will feature Erin Gow (Online Services Librarian, University of Louisville Law Library), Yemisi Dina (Acting Chief Law Librarian, Osgoode Hall Law School, York University), and Alex Zhang (Assistant Dean for Legal Information Services and Professor of Practice, Washington and Lee School of Law).

What’s New with UN Resources at Fordham Law School on June 27th, 6:30-7:30 pm

If you’re in the New York area on June 27th, we also welcome you to join FCIL-SIS and LLAGNY from 6:30-7:30 pm at Fordham Law School Room 2-01A for a free lecture on What’s New with UN Resources. Register for the New York lecture now at https://www.llagny.org/index.php?option=com_jevents&task=icalrepeat.detail&evid=64&Itemid=176&year=2019&month=06&day=27&title=whats-new-with-un-resources&uid=53456656a8d7cd3e7c48b6e3aaf63cc9!

Susan Goard, Law Librarian and Training Coordinator at the UN’s Dag Hammarskjold Library, will present on how to locate the different types of documents produced by the main UN organs using the UN Digital Library and other tools, websites, and publications. She will provide updates on new research guides and tools from the UN Library, including the transition from UNBISnet to the UN Digital Library.

Ideas and Volunteers Welcome

The Committee welcomes both volunteers and ideas for future events! If you have any ideas for future FCIL-SIS Continuing Education events or if you’d like to volunteer to join the committee or teach a continuing education event, please reach out to the FCIL-SIS Continuing Education Committee chair, Caitlin Hunter, at hunter@law.ucla.edu or complete a short survey at https://forms.gle/2VqR5Zm8T6VWxJCq6.

GlobaLex April 2019 Issue Now Live

By Lucie Olejnikova

The April 2019 issue of GlobaLex is live featuring four important updates: Colombia, Iran, Lebanon, and International Tax Law. Webmasters and content managers updated your pages. Congratulations and thank you to all of our wonderful authors!

UPDATE: An Introduction to Colombian Governmental Institutions and Primary Legal Sources by Hernando Otero at http://www.nyulawglobal.org/Globalex/Colombia1.html.

Hernando Otero is an international arbitration and mediation attorney with experience as counsel of record and as an international arbitrator in proceedings pursuant to multilateral and bilateral trade and investment treaties (FTAs and BITs) and commercial agreements. He is an Adjunct Associate Professor of arbitration and mediation at the Washington College of Law in Washington D.C. and a mediator with the District of Columbia Superior Court. He has served as an arbitrator before the World Bank’s International Center for Settlement of Investment Disputes (ICSID) and has been appointed as an international arbitrator by the International Chamber of Commerce’s (ICC) Court of Arbitration. He has appeared as counsel in proceedings under the ICSID Convention, the ICSID Additional Facility and the UNCITRAL Arbitration Rules. He is on the London Court International Arbitration (LCIA) and the Financial Industry Regulatory Authority’s (FINRA) lists of neutrals, and on the Hong Kong International Arbitration Centre’s (HKIAC) Panel of Arbitrators. He is also on the Bogota Chamber of Commerce Arbitration and Conciliation Center’s (CACCCB) closed list of international arbitrators for proceedings seated in Colombia and on its high-amount closed list for local arbitration proceedings. He is licensed to practice law in the state of New York, the District of Columbia, and in Colombia.


UPDATE: The Legal System and Research of the Islamic Republic of Iran by Farah Khan at
http://www.nyulawglobal.org/Globalex/Iran1.html.

Farah Khan, BA.LLB.MSC (Criminology) is an Advocate of the High Courts in Pakistan, associate at M/s M. Ilyas Khan & Associates, a law firm in Pakistan known for the practice in Criminal Law.


UPDATE: The Lebanese Legal System and Research in Brief by Lara Eid Jreissati at
http://www.nyulawglobal.org/Globalex/Lebanon1.html.

Lara Eid Jreissati obtained a law degree from Lebanese University in 2006. In 2009, she received a Masters degree in Euro-Mediterranean cultures and policies from Italy’s International Telematic University. She speaks English, French, and Arabic. She completed legal consultancies for the Special Tribunal for Lebanon (STL) in The Hague in 2010 and 2013. She is an active member of the STL Follow up Commission work at the Beirut bar association. She frequently consults with NGO’s on international law issues with a specialty in refugee and migrant worker matters. She is an active member of the Beirut Bar Association’s Human Rights Institute.


UPDATE: Researching International Tax Law by Christopher C. Dykes at
http://www.nyulawglobal.org/Globalex/International_Tax_Law_Research1.html.

Chris Dykes is currently the Head of Public Services at the University of Houston Law Center’s O’Quinn Law Library. He received his Juris-Doctor from the University of Baltimore School of Law and LL.M. in Taxation from Villanova University School of Law. He also holds a B.A. in Political Science and M.S. in Information Sciences from The University of Tennessee.


News from Africa regarding two updates: Botswana and Cameroon — by Charles Manga Fombad, Professor of Law, Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, South Africa

“Until the Botswana elections in October, it is hard to determine exactly in which directions things are moving. For now, there is too much confusion because of a big fight between the former president, Ian Khama, and his successor Masisi. The former president had wanted to govern from the back seat because he is a traditional ruler over territory, which covers just over half of the parliamentary constituencies, he is capable of wreaking havoc. Regarding Cameroon, the situation is too unsettled as well. The two Anglophone regions are in full rebellion and the government, instead of negotiating, has opted for a military solution. The surreptitious attempts to eliminate all Anglophone particularities, especially the replacement of the common law system in these two regions with the civil law system is the genesis of this havoc. As long as these issues are not sorted out, it will be difficult to write anything that will make much sense and be accurate update on Cameroon.”

 

For more articles, visit http://www.nyulawglobal.org/globalex/index.html.

Go-To Resources for the Non-FCIL Librarian

Int_lComArb_Wordle_Word_Cloud__on_Navy__2016By Janet Kearney & Michelle Penn

Hello DipLawMatic Dialogues readers! This is the first in a set of posts from Michelle and Janet on FCIL for non-FCIL librarians; the next post will focus on teaching. Michelle and Janet are both from Fordham Law Library, where Michelle is Faculty Services Librarian and Janet just made the leap from Reference Librarian to FCIL Law Librarian. Thanks for having us!

Where can I find Singapore cases on surrogacy? How do I cite check this Russian statute?  How do I find the main sources of international humanitarian law? As librarians, we often receive questions that we don’t know the answers to. What sets us apart is the ability to strategize and efficiently learn the answer. So for those of us who dabble in FCIL or only rarely get questions or are just interested, here’s a collection – a research guide of research guides and a couple of databases. While this is from the perspective of two academic librarians, these should get you started and answer the most frequently asked questions regardless of your work environment!

Research Guides:

GlobaLex – For those of you on the FCIL-SIS listserv, you have probably seen the great (and frequent!) updates to Globalex. From the publisher,       “The guides and articles published are written by scholars well known in their respective fields and are recommended as a legal resource by universities, library schools, and legal training courses.” What does this mean for users? It provides the location of various documents, but it also puts the documents in the context of their legal system. This is helpful for both those incredibly specific (and seemingly random) journal student requests and questions with broad strokes. “I need Icelandic adoption laws” – Globalex will get you started. “I want to establish a standard as customary international law” – Globalex will help you there too! Available for free online, http://www.nyulawglobal.org/globalex/index.html.

UN Library Research Guides, are unsurprisingly, wonderful resources for areas of law involving the United Nations. The researcher should keep in mind though, that the guides apply to United Nations resources and are thus not complete regarding international law as a whole. For example, the resource guides on international law may inadvertently give the novice researcher the impression that international law begins and ends with the United Nations. Available for free online, http://research.un.org/en?b=s&group_id=2087.

Databases

The World Legal Information Institution, (World LII), is home to a number of free and non-profit databases helpful to the FCIL researcher, developed by the Australasian Legal Information Institution, British and Irish Legal Information Institute, Canadian Legal Information Institute, Cornell’s Legal Information Institute, Pacific Islands Legal Information Institute, and Wits University School of Law. The searchable databases include case law, legislation, treaties, law reform, law journals, and specialist subject databases from 123 jurisdictions. Though the interface may not be as flashy as those of paid resources, it allows for an impressive level of advanced Boolean searching, including proximity searching. Note that coverage and currency can vary widely by jurisdiction. http://www.worldlii.org/databases.html

vLex Global is similar to World LII, but it is a subscription resource. It also contains case law and statutes, occasional regulations, and journal articles from over 100+ jurisdictions. The added value comes from a wider variety of materials such as forms, administrative decisions, regulations, and legislation from countries that can be harder to navigate, especially when you do not speak the language. What really gets me excited about this is the translation tool and the ability to navigate collections in my native language – sure I can use Google translate and try to parse things out, but this eliminates some of the guesswork. Translations, although not perfect, can be made between multiple languages and is not limited to English. https://vlex.com/p/vlex-global/

For primary and secondary source research, HeinOnline is home to many databases helpful to the foreign and international legal researcher. One of the most useful databases is the World Treaty Library, which includes over 160,000 treaties from 1648 to the present, as well as related articles and publications. While much of the material on Hein’s World Constitutions Illustrated is available on free websites, the database is still a useful resource, consolidating constitutional information in one place with quality English translations. For secondary sources, Hein’s Index to Foreign and Legal Periodicals is the the go-to index for over 500 legal journals. https://home.heinonline.org/

Globalex January 2019 Issue is Live

By Lucie Olejnikova

In our first issue of 2019, we bring you a new article and four updates: researching the Right to Water, African Law, and the laws of Gambia, Malawi, and New Zealand. Congratulations and big thanks to our authors! Webmasters and content managers, please update your pages.

Researching the Human Right to Water with an Annotated Bibliography by Jootaek Lee at http://www.nyulawglobal.org/globalex/Human_Right_to_Water.html.

Jootaek Lee is an assistant professor and librarian at Rutgers Law School (Newark). Professor Lee is also an adjunct professor and an affiliated faculty for the Program on Human Rights and the Global Economy (PHRGE) at the Northeastern University School of Law. He is also a Massachusetts attorney. Professor Lee, a prolific scholar and author, has been published in prestigious journals, including Georgetown Environmental Law Review, Law Library Journal, International Journal of Legal Information, Legal Reference Services Quarterly, Korea University Law Review, and Globalex by New York University Law School. His research focuses on human rights to land, water and education, Asian practice of international law, especially human rights and international criminal law, legal informatics, Korean law and legal education, and pedagogy in law. He made numerous presentations at national and international conferences.

UPDATE: Sources of Online Legal Information for African Countries by Vincent Moyer at http://www.nyulawglobal.org/globalex/African_Law1.html.

Vincent Moyer (B.S., J.D., and M.S. from the University of Illinois) is the Foreign, Comparative and International Law Librarian at the University of California Hastings College of the Law in San Francisco, California.

UPDATE: Researching Gambian Legal Information by Flora Ogbuitepu Ngo-Martin at http://www.nyulawglobal.org/globalex/Gambia1.html.

Flora Ogbuitepu obtained an LLB (Hons) from Kogi State University Anyigba, Nigeria, a B.L from the Nigerian Law School (Lagos Campus) and an LLM in human rights from the University of Pretoria, South Africa. She has a wealth of experience in the theory and practice of human rights law, corporate practice and other areas of law. As a researcher, she has also written numerous papers on human rights issues and legal audit, which have been published. She worked as a Senior Associate at Tope Adebayo LLP, a firm of Legal Practitioners and Arbitrators. At present, she works as a legal practitioner and consults for a variety of businesses and individuals in corporate law and other areas of law.

UPDATE: Malawi Legal System and Research Resources by Redson Edward Kapindu at http://www.nyulawglobal.org/globalex/Malawi1.html.

Redson Kapindu is a Judge of the High Court of Malawi, and a Visiting Associate Professor of Law at the University of Johannesburg. Redson Kapindu holds a Ph.D. from the University of the Witwatersrand, Johannesburg. He also holds an LL.B. (Honors) from the University of Malawi; an LL.M. from the University of Pretoria; and a Diploma in International Human Rights from Lund University.

UPDATE: Access to New Zealand Law by Rosa Polaschek at http://www.nyulawglobal.org/globalex/New_Zealand1.html.

Rosa Polaschek graduated from the University of Auckland, BA/LLB (Hons) as a Senior Scholar in Law. She has worked as a Judges’ Clerk at the High Court of New Zealand, and subsequently at the Crown Law Office. Her interests are in constitutional and public law, and human rights law. In 2017, she was awarded the New Zealand Law Foundation’s Cleary Memorial Prize, for a young for barrister or solicitor who shows outstanding future promise in the legal profession. In 2018, Rosa was awarded a Hauser Global Scholarship to study at New York University toward an LLM (Master of Laws) degree. The article below updates the previous version, authored by Margaret Greville.

 

For more articles, visit Globalex at http://www.nyulawglobal.org/globalex/index.html.

November/December GlobaLex Issue Now Live

By Lucie Olejnikova

Here comes the last issue of 2018. The November/December double issue includes a new article on the Right to Housing along with seven updates: Customary International Law, Afghanistan, Bolivia, Caribbean, Finland, Guinea, and South Korea. Below is the full table of contents along with our authors’ bios. Webmasters and content managers, please update your pages.

Congratulations and heartfelt thanks to all our authors who continue to deliver exemplary scholarship. And we wish you all Happy Holidays!


Researching the Right to Housing by S M Atia Naznin at http://www.nyulawglobal.org/globalex/Housing_Rights.html.

S M Atia Naznin is a Lecturer at the School of Law, BRAC University, in Bangladesh. She is currently on study leave to pursue Ph.D. in Law at Macquarie University, Australia, focusing on issues related to litigation and forced slum eviction in Bangladesh. She holds a Master’s in Human Rights and Democratization from the University of Sydney, Australia and a Master’s and a Bachelor’s of Laws from the University of Dhaka, Bangladesh. She has recently published an article titled ‘Justiciability of the Basic Necessity of Housing: Litigation of Forced Slum Evictions in Bangladesh’ in the Australian Journal of Asian Law (18 Australian Journal of Asian Law, 2, p. 9, 2017).


UPDATE: Researching Customary International Law, State Practice and the Pronouncement of States Regarding International Law by Catherine Deane at http://www.nyulawglobal.org/globalex/Customary_International_Law1.html

Catherine A. Deane is the Research Specialist for the Bay Area Offices of Shearman & Sterling LLP. She has a B.A. in Cultural Anthropology with a Certificate in Latin American Studies from Princeton University, an M.A. in Cultural Anthropology, a J.D. with a Certificate in International and Comparative Law from the University of Tulsa in Oklahoma, and an M.L.I.S. degree from San Jose State University, School of Library and Information Science.


UPDATE: Islamic Republic of Afghanistan Legal System and Research by Ahmadullah Masoud at http://www.nyulawglobal.org/globalex/Afghanistan1.html.

Ahmadullah Masoud is the Legal Technical Member of the Financial Dispute Resolution Commission (DAB) in Kabul, Afghanistan. Prior to his current position, he worked as the Senior Huququ Training Specialist at the Assistance for the Development of Afghan Legal Access and Transparency (ADALAT) USAID Project at Checchi and Company Consulting, Inc. He was also the Legal Adviser to the Ministry of Economy in Kabul, Afghanistan where he participated in drafting process of policies and laws, and provided legal advice and technical support to MOEC leadership. Mr. Masoud was also the Lecturer at the Law Faculty, Dean of Political Science, and the Acting Chancellor of Mashal University, in Kabul, Afghanistan. As the lecturer, he taught constitutional, defense, and family law as well as legal research and legal writing courses. His experience includes providing legal services in the areas of corporate, tax, contract, investment, and legal drafting and translation at the Elite Legal Services where he worked as the Finance Officer and Tax Adviser. He earned his Bachelor’s degree in Islamic Law from Sharia Faculty of Kabul University, his Master’s Degree in Law (LL.M.) from the University of Washington School of Law, and he is licensed defense lawyer of the Afghanistan Independent Bar Association. He is multilingual working in English, Arabic, Urdu, Dari, and Pashtu.


UPDATE: The Bolivian Legal Framework by Gonzalo Dávila Maceda at http://www.nyulawglobal.org/globalex/Bolivian_Legal_Framework1.html.

Gonzalo Dávila Maceda is founding partner of Reynolds & Asociados Sociedad Civil – Estudio de Abogados in La Paz, Plurinational State of Bolivia. Gonzalo is a legal practitioner with postgraduates in business administration and in Oil & Gas Law. After being formed in a French High School in Bolivia he obtained his LLB at the Bolivian Catholic University’s Law School in 1997 and his Diploma in Petroleum Law in 2000 as a Chevening scholar at the Centre for Energy Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee in Scotland. For more than 20 years he focused his experience in Civil Law, Commercial Law, Labor Law, Competition Law, Regulatory Law, Administrative Law, Environmental Law, Petroleum Law, Electricity Law, Telecommunications Law, Mining Law having acquired that experience working for almost 9 years as senior legal advisor for the Bolivian Hydrocarbons Regulator and from his later experience in the private counseling field for more than 12 years. He worked as intern at the Swiss Competition Commission in Bern-Switzerland. He has participated in the drafting of legislation in the oil and gas sector. He is member of the La Paz Bar Association since 1997. He lectures in several universities in La Paz. He speaks Spanish, English and French.


UPDATE: Guide to Caribbean Law Research by Yemisi Dina at http://www.nyulawglobal.org/globalex/Caribbean1.html.

Yemisi Dina, B.A, M.A, LL.B, MLIS,MPPAL is Associate Librarian/Head of Public Services at the Osgoode Hall Law Library, York University, Ontario, Canada. Prior to this position, she worked as Manager of Adult Services at the Central Library, Richmond Hill Public Library, Richmond Hill, Ontario, Canada; Law Librarian University of The West Indies/ College of The Bahamas LL.B Program, Nassau, The Bahamas; Law Librarian at the Adeola Odutola Law Library, University of Ibadan, Ibadan, Nigeria and Principal Librarian at the Nigerian Law School, Lagos Campus, Nigeria. Her areas of research include law librarianship, legal research methods and information technology and law.


UPDATE: Finnish Law on the Internet by Erika Bergström at http://www.nyulawglobal.org/globalex/Finland1.html.

Erika Bergström works as a Chief Information Specialist at the Library of Parliament of Finland. She graduated from the University of Helsinki Faculty of Law in 1997 (LLM) and obtained a post-graduate degree of law in 2006 (LL.Lic), also from the University of Helsinki. Prior to joining the Library of Parliament she worked for ten years as a lawyer and legal information specialist at one of Finland’s leading law firms.


UPDATE: Guinean Legal System and Research by Ibrahima Sidibe at http://www.nyulawglobal.org/globalex/Guinea1.html.

Ibrahima Sidibe is Professor of Law at the University of Lansana Conte of Sonfonia-Conakry, Departement Droit Public Et d’Anglais, Centre Universitaire de Kindia, Kindia, Republique de Guinee, West Africa.


UPDATE: Research and Bibliography for Korean Law Resources in English by Jootaek Lee at http://www.nyulawglobal.org/globalex/South_Korean_Legal_Resources1.html.

Jootaek Lee is an assistant professor and librarian at Rutgers Law School (Newark). Mr. Lee is also an adjunct professor and an affiliated faculty for the Program on Human Rights and the Global Economy (PHRGE) at the Northeastern University School of Law. He is also a Massachusetts attorney and a prolific scholar and author. He has published in prestigious journals, including Georgetown Environmental Law Review, Law Library Journal, International Journal of Legal Information, Legal Reference Services Quarterly, Korea University Law Review, and Globalex. His research focuses on human rights to land, water and education, Asian practice of international law, especially human rights and international criminal law, legal informatics, Korean law and legal education, and pedagogy in law. He made numerous presentations at national and international conferences. He is active with the American Association of Law Libraries (AALL) and the American Society of International Law (ASIL), having served on AALL’s Diversity Committee, CONELL Committee, and Awards Committee. He is the former Co-Chair of International Legal Research Interest Group of the ASIL (2012-2015) and the former president of Asian American Law Librarians Caucus of AALL (2013-2014).

 

For more articles, visit GlobaLex at http://www.nyulawglobal.org/globalex/index.html.

Comparative Law and the Lies of Donald Trump

By Mary Rumsey

“It’s crazy. Other countries it’s called, ‘I’m sorry, you can’t come in, you have to leave.’ This one, we have judges. If they step on our land we have judges. It’s insane. So we’re going to have to change our whole immigration policy.”[1]  –Trump

“We’re the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits.”[2] –Trump

Our current President makes statements about foreign law the way he talks about many other things—without any basis in fact.

As an exercise in comparative legal research, I spent some time this week looking at foreign law regarding asylum and citizenship. Several years ago, I had researched comparative asylum law to help Professor Stephen Meili, who has written extensively on asylum (and who, incidentally, is exactly the kind of person a human rights advocate should be). At that time, I had to dig fairly deeply to find information on asylum practice, particularly in European countries. I was curious to see if the tools for asylum research had improved.

One great source that I found is the Asylum Information Database (AIDA), a database managed by the European Council on Refugees and Exiles. AIDA contains information on asylum procedures and related issues across 23 countries, including Austria, Belgium, Bulgaria, Cyprus, Germany, Spain, France, Greece, Croatia, Hungary, Ireland, Italy, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, United Kingdom, Switzerland, Serbia, and Turkey. This database would have saved me hours of research; it systematically organizes key information on procedures in each jurisdiction. AIDA also provides statistics on outcomes of asylum applications.

The descriptions of countries’ asylum procedures make clear that the standard practice is to offer an asylum applicant a hearing with an administrative official; next, a rejected applicant can appeal to a board or a court, depending on the jurisdiction. In other words, the US process is nearly identical to that of these major receiving countries.

A much less comprehensive tool is the Kluwer Online International Encyclopaedia of Laws: Migration Law. I’ve never been able to detect a pattern in the countries that each International Encyclopaedia of Laws topic covers, but I appreciate the high quality and thoroughness of the entries.

Trump has also claimed repeatedly that the US is the only country in the world that grants so-called “birthright citizenship.” I suspected that birthright citizenship might have been hashed out in law review articles, so I checked Westlaw. I love it when someone else does (some of) my work for me, and in this case, a 2017 student note informed me that birthright citizenship is recognized in thirty other countries.[3]

If I were doing this research “for real,” I would then find the relevant legislation for each country. One approach would be to use Refworld, the UN High Commissioner for Refugees’ database. Refworld contains citizenship laws for most countries:

RefWorld

I might also use Foreign Law Guide to identify the relevant laws; many of the laws in Refworld don’t have titles in English. Foreign Law Guide identifies what a country’s main citizenship law is in English, so it might be a faster way to figure out what I need.

It wouldn’t take much research to debunk these false claims about asylum and citizenship. The truth is out there.

 

[1] Ian Schwartz, Trump on Immigration Judges: In Other Countries, It’s Called “I’m Sorry, You Can’t Come In, You Have To Leave,” June 26, 2018, https://www.realclearpolitics.com/video/2018/06/26/trump_on_immigration_judges_in_other_countries_its_called_im_sorry_you_cant_come_in_you_have_to_leave.html.

[2] John Wagner, Trump Eyes Order to End Birthright Citizenship. Legal Experts Say That Would Violate Constitution, Chicago Trib., Oct. 30, 2018, https://www.chicagotribune.com/news/nationworld/ct-birthright-citizenship-babies-20181030-story.html.

[3] Katherine Nesler, Note, Resurgence of the Birthright Citizenship Debate, 55 Wash. U. J.L. & Pol’y 215 (2018).