Access to Laws of the Countries of the World at IFLA’s 2019 Meeting in Athens, Greece

Access to Laws of the Countries of the World
August 27, 2019, IFLA World Libraries and Information Congress at Megaron Convention Center in Athens, Greece

By Sally Holterhoff

FCIL-SIS member Leslie Street chaired this session, sponsored by the IFLA Law Libraries section. Her introduction began with a quote from the IFLA Statement on Government Provision of Public Legal Information in the Digital Age (2016), initiated by the Law Libraries Section.  “People of countries throughout the world should be able readily to access the laws that govern them. Providing such access is a responsibility of governments and is necessary for transparency and accountability, for civil engagement, and for a just society.” Leslie pointed out that access to law for vulnerable communities should mean access not only to the official laws themselves, but also to finding tools and explanatory secondary sources. Barriers to access include lack of government funding, lack of transparency in legal publication, restrictive terms of use or copyright claims, and language barriers.

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IFLA Law Libraries Section Standing Committee Members (Photo Credit: Sonia Smith)

  • The first speaker was Joan Lijun Liu, from The Institute of Humanities and Social Science Data, Fudan University Library, China (previously Head of Acquisitions & Serials at NYU School of Law Library) with a presentation entitled Helping Legal Aid Providers and Vulnerable Communities Access Law in China through a Robust Legal Information System. Her paper is available here and her slides here. She focused on how law librarians in currently less than adequate legal information systems can support legal aid providers and vulnerable groups to access the law. She explained China’s “very forceful” 2016-2020 National Informatization Policy and said that the Legal Service of China provides legal aid with the help of licensed lawyers, legal aid professionals, and volunteers. Primary legal sources on the national level are largely available, but documents by central government agencies are incomplete. Full-text law is available in pdf but reliable archiving and superseding systems are lacking and website access is not dependable. She presented strategies for the future include promoting legal information literacy, teaching law librarianship in library schools, and having professional librarians facilitate legal information services in courts, government agencies, law firms, and law schools.

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    L-R Panelists: Jacob Sayward, Chiara Fioravanti, Program Chair Leslie Street, and Joan Liu (at podium) (Photo Credit: Joan Liu)

  • Speaking next was Chiara Fioravanti, a Researcher from the Institute of Legal Informatics and Judicial Systems of the National Research Council of Italy. Her presentation was based on a paper, Access and knowledge of the law: supporting migrants in understanding law, co-authored with her colleagues Ginevra Peruginelli, Francesco Romano and Sara Conti. She began by identifying key issues that affect migrants’ access to legal information. General issues include language barriers and unfamiliarity with the laws and legal system of the host country. Some issues specific to Italy include their complex bureaucratic jargon and the many legal provisions that are subject to multiple interpretations. Also, Italian civil servants are generally not skilled in communicating with people from other countries. Another key access issue is public websites that provide legal content only in Italian and are difficult to use. She then presented details of a project done at her institution–to improve access to legal information by recent immigrants recently redesigning their public web portal. An important aspect of the project was to simplify, linguistically and structurally, the legal content on the site. The simplified content was checked to verify its accuracy. Civil servants, Italian language teachers, and members of the migrant community tested the results. Outcomes included (1) Simplification of over 50 information sheets on administrative procedures; (2) Increased awareness of civil servants on the importance of clear language in legal documents; (3) Creation of guidelines to be used when writing legal content in an intercultural context. She concluded by focusing on the role that libraries can play to support migrants needing access to legal content, including provision of a tutoring service to increase understanding.
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Ruins of Hadrian’s Library in the shadow of the Acropolis, Plaka, Athens, Greece (Photo Credit: Anne Burnett)

  • The session’s third and final speaker was FCIL-SIS member Jacob Sayward, Cornell University Law Library. His presentation, GOALI Goes to Johannesburg – Training and Outreach in South Africa for Research4Life’s Global Online Access to Legal Information Program, was based on a paper he co-authored with his colleagues Ariel A. E. Scotese and Nina E. Scholtz. His slides are available here.

GOALI is a Research4Life program providing developing countries with legal content from top academic publishers as well as training. In January 2019 the first GOALI training session took place at the University of Johannesburg in South Africa. The workshop’s goal was to introduce experienced trainers to legal research and to instruct information professionals working in sub-Saharan Africa about the structure of legal information and how GOALI facilitates legal research. Participants in the workshop came from multiple organizations including the Information Teaching and Outreach Centre for Africa, International Labour Organization, and UN Technology Bank – Digital Access to Research. Cornell’s Law Library and the Cornell Legal Research Clinic developed and taught the three-day long program.

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Jacob Sayward speaking about GOALI (Photo Credit: Alison Shea)

Sayward explained the preparation involved in developing the workshop. Different countries in Africa use different legal frameworks; therefore information professionals from Africa first learned how legal information is organized within these frameworks. For each framework (common law, civil law, domestic customary law, Islamic law, international law), discussion centered on the sources of law, how information is organized, and the role of legal scholarship and secondary sources. Since the majority of the workshop attendees were already experts in using the Research4Life research platform but novices in legal research, the training focused on the structure of legal information and the practice of legal research. These topics are necessary to use a database of legal secondary sources. In the second half of the workshop, participants learned how to use GOALI for subject-specific research in contracts, torts, property, criminal law, and international human rights.

Evaluations by the participants of the resulting workshop showed that they gained valuable information and context for use of GOALI for research. The hands-on aspects of the workshop were most highly valued.

Benefits of this first workshop included the development of useful training materials, possibilities raised of future online open courses, and encouragement for subsequent training sessions.

AALL 2019 Recap: FCIL Basics Bootcamp

By Dinah Minkoff

bootcamp.JPGI had the opportunity to attend the Preconference Workshop: FCIL Bootcamp: Basic Training at Georgetown University’s law school.  The morning session promised to provide information on FCIL resources and how to use them with a focus on foreign law, treaties, and EU law.  It delivered on its promise.  Georgetown Law librarians Mabel Shaw, Charles Bjok, and Heather Casey presented.

Mabel Shaw presented “An Introduction to Foreign Legal Research.”  She has been an FCIL librarian at Georgetown, where she is now the Head of International & Foreign Law, for over 18 years.  The presentation began by breaking down the different legal systems intrepid researchers will encounter: Common, Civil, Religious, Customary, and Mixed. As a researcher you need to know what type of legal system you are researching so that you understand not just where to look for information but if that information exists.  Interesting point of fact: outside of the U.S., not all government information is copyright free.  During her presentation, Mabel also allayed a common concern of the foreign legal researcher: you don’t have to speak every language you are researching. In addition to translations of legislation and law, there are myriad translation tools out there like dictionaries and Google Translate.  Use your evaluation skills to determine the reliability of the translation itself.  Look to the date of translation, the site hosting the translation, and whether it was done by a person or AI.

Heather Casey presented “An Introduction to Treaty Research.”  She has been an FCIL librarian for 10 years and teaches Research Skills in International & Comparative Law with Charles Bjork.  Heather’s presentation began by explaining the differences between private and public international law and the various documents that are referred to under the broad category of “treaties” (e.g. conventions, protocols, accords, declarations, charters, and Memorandum of Understanding).  Heather then outlined the best places to begin your research when the U.S. is a party to the treaty (Spoiler Alert: Treaties in Force, the U.S. State Department’s website, and HeinOnline).   After an overview of the treaty ratification process, it was on to researching treaties when the U.S. is not a party.  Good places to search include Multilateral Treaties Deposited with the Secretary-General at the UN, Regional Treaty Collections, and Foreign Ministry websites.  The presentation also reviewed important websites to keep in mind when conducting treaty research such as the EU, Council of Europe, African Union, Organization of American States, and World Trade Organization.  And because we were inside a law school, the session wrapped up with a hypothetical where participants got to put their newly honed FCIL research skills to the test.

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Heather Casey presenting on how to conduct treaty research.

Finally, Charles Bjok presented on “An Introduction to Researching the Law of the European Union.” He works closely with Georgetown’s sizeable international LLM writing and research program and teaches Research Skills in International & Comparative Law with Heather Casey. This presentation had a two-fold benefit for me: it provided me a great refresher on the topic and confirmed for me that my own presentation on the topic did not have any glaring gaps.  The presentation began with an introduction to the EU, including a brief history, foundational documents, and its current incarnation. The presentation also reviewed the EU’s Seven Institutions and the hierarchy of EU law. What is fantastic about EU research is that despite the numerous institutions within the EU and its various types of law (treaties, legislative acts, and case law), EUR-Lex, the official website of the EU, is a portal to almost everything you will be looking for.  The website is updated daily, and contains some texts dating back to 1951.  The documents on EUR-Lex are freely accessible and available in the 24 official languages of the EU.  One caveat: although case law is available in on EUR-Lex, using CURIA, the CJEU’s website, may prove more beneficial.

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The full slate of speakers from the full day FCIL Bootcamp.  From left to right: Heather Casey, Georgetown University Law Library; Prof. Heidi Frostestad Kuehl, Northern Illinois University School of Law; Prof. Jennifer Hillman, Georgetown University Law Center; Mabel Shaw, Georgetown University Law Library; Prof. Lilian Faulhaber, Georgetown University Law Center; and Charles Bjork, Georgetown University Law Library.  

I left the morning session happily on information overload and energized to respond to the future FCIL questions I receive in my role as Global Law Librarian at LA Law Library.  Feel free to reach out with questions about the bootcamp or foreign law generally. I can be reached at dminkoff@lalawlibrary.org.

For insights into the wonderful resources shared by the speakers, please visit https://guides.ll.georgetown.edu/home/foreign-law.

For the afternoon session of the pre-conference workshop, FCIL Bootcamp: Advanced, see this recap.

AALL 2019 Recap: Locating Latin American Legal Sources

By David Isom

Moderated by Sarah Jaramillo, Reference Librarian for International and Foreign Law at NYU Law School, the “Locating Latin American Legal Sources” session on July 15, 2019 consisted of presentations from Jade Madrid, Latin American Studies & Iberian Languages Liaison & Reference Librarian at Georgetown University; Shana Wagger, Program Lead for Digital Projects and Repositories at the World Bank; and Francisco Macías, Head of the Iberia/Rio Office Section at the Law Library of Congress. Each discussed unique aspects of the Latin American materials available at their respective institutions.

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From left to right: Sarah Jaramillo, Jade Madrid, Shana Wagger, Francisco Macías.

Madrid began by noting various research guides on Latin American legal materials available at Georgetown and elsewhere. She also discussed the challenges that a researcher can encounter when attempting to locate sources of Latin American law: non-hispanophone/non-lusophone researchers may encounter difficulties when seeking primary sources, of course, but there can also be country-specific challenges. For example, while the Library of the National Congress of Chile includes coverage of Chilean law beginning in 1965, it has no coverage for the 17 years (1973–1990) under the dictatorship of General Augusto Pinochet. Madrid also mentioned several special collections related to Latin American law available at Georgetown: the papers of Colombian diplomat Tomás Herrán (many relating to the Hay–Herrán Treaty of 1903, which was ratified by the United States Senate but not by the Senate of Colombia); the papers of James Theberge, director of the Latin American and Hispanic Studies Center at Georgetown and United States Ambassador to Nicaragua and Chile; the papers of Panamanian educator, feminist leader, and diplomat Esther Neira de Calvo; and the Alliance for Progress Cartoon Book Program collection, which includes digital copies of comic books produced by the American anti-communist development program in Latin America established by President John F. Kennedy.

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Escuela de Traidores (School for Traitors), date unknown, from Georgetown’s Alliance for Progress Cartoon Book Program collection.

Wagger said that the World Bank’s open access program that publishes 90–110 books a year, primarily digitally. The program is intended to make information available to the decision-makers involved in development programs in order to support the World Bank’s broad mission of ending extreme poverty and promoting shared prosperity. Wagger explained that the World Bank produces four major types of resources: focused publications (such as the Doing Business series of national and regional economic profiles, the Latin American Development Forum series covering economic and social issues, and the World Bank Legal Review); electronic repositories (the Documents & Reports platform which includes more than 330,000 World Bank documents from 1946 to the present, the Open Knowledge Repository of almost 29,000 publications from roughly 2000 to the present, and the subscription World Bank eLibrary); the World Bank Open Data platform, which provides free access to various types of development-related information, including demographic, environmental, financial, and industry data; and other specialized resources such as the Projects & Operations website, the World Bank Group Archives, and the Access to Information portal.

Macías started his presentation by discussing the history of the Law Library of Congress’ collection of foreign law materials, which began in 1848 (in the aftermath of the Mexican-American War) when President James K. Polk ordered the Library to begin collecting materials concerning the law of Mexico. Since then, the Law Library of Congress has grown substantially, collecting the laws of more than 270 jurisdictions in more than 200 languages. Five foreign law specialists work in the unit which covers the laws of Spain, Portugal, Latin America, the Caribbean, and the Philippines. Electronic materials include country-specific research guides available in the Library’s Guide to Law Online and the In Custodia Legis blog—see, for example, this post on “Cinco de Mayo and the History of Mexican Codification.” One highlight of the Library’s Latin American materials is the Mexican Revolution and the United States exhibition, which includes historical newspaper articles, maps, photographs, and film footage.

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José Guadalupe Posada, Asalto de Zapatistas (Assault of the Zapatistas), 1910, from the Library of Congress’ Mexican Revolution and the United States exhibition.

AALL 2019 Recap: FCIL-SIS Schaffer Grant Presentation – African Law for Everyone: AfricanLII and Laws.Africa

By: Loren Turner

Mariya

On Monday, July 15, 2019, the 2019 FCIL-SIS Schaffer Grant recipient, Mariya Badeva-Bright, who leads the AfricanLII project at the University of Cape Town, South Africa (and recently co-founded Laws.Africa, a legislative commons), delivered a fantastic presentation titled “African Law for Everyone: AfricanLII and Laws.Africa.” Mariya’s presentation was a summary of her motivations and processes for gathering and digitizing African law as well as a “call to action” to law librarians worldwide for help in making African law accessible to all.

African Law for Everyone: AfricanLII and Laws.Africa

Mariya began her presentation by stating that there is no reliable, consistent, and up-to-date access to the law in many African countries – free or not.  Mariya provided several reasons for the lack of access to legal information: indifference of commercial publishers; lack of funds and skills on the local levels; poor record keeping; and low level corruption. She argued that there can be no justice without access to legal information.  When the law is not available freely and easily, judges cannot determine precedent; rich litigants have an unfair advantage.  As support, Mariya shared visual images of legislative texts in which pages were literally cut out, edited by hand, and then reinserted.  The reality, Mariya said, is that lots of African law is in such condition and this format frustrates access to justice.

Mariya explained that the AfricanLII and the Laws.Africa projects are about building an open infrastructure of African legal information with opportunity for sophisticated searches. They have to be open to anyone and offer speed, efficiency, services, growth and development.

AfricanLII was founded in 2010 to promote the role of LIIs in Africa. It now offers a federated search of over 250k documents of African legal information. Additionally, in response to user demand, it has begun to create case indices, including the Human Rights Law Index and the Commercial Law Index. It also provides a current awareness newsletter that started out as a service for judges but has expanded to anyone interested in following legal developments in African law (subscribe at the bottom of this page). Most recently, AfricanLII launched a citator service, available in beta format. It is the first visual citator in the access to law movement, but what is more remarkable is that it creates a citator service for cases that were never published in law reports and, therefore, don’t have citations!  The AfricanLII database sees about 400,000 unique users per month, 90% of which are within Africa.  Users are primarily from the justice sector (lawyers, judges, paralegals, magistrates, law students, government workers, etc.) but there is an increase in “average joes” accessing the database.

When the AfricanLII project began, there was a conscious choice to focus on gathering and digitizing cases rather than legislation.  Cases have their own value, but outdated legislation has little value.  The creators of AfricanLII had concerns about the future credibility of their project if they uploaded outdated legislation.  Plus, the reality is that in most African countries, there is no free source of consolidated, up-to-date legislation.

The Laws.Africa project developed to address the lack of freely available access to African legislation. The creators of the Laws.Africa project surveyed other country’s attempts at making legislation current and freely accessible.  They decided that the UK’s legislation.gov.uk was the model “golden” standard outside of Africa because of its rich interface and up-to-date, authoritative corpus.  Within Africa, the “golden” standards were Kenya law, an authoritative source of Kenyan legislation, and OpenBylaws.org.za, which focuses on improving access to South African by-laws.

Laws.Africa is an open source, cloud platform for efficient cost-effective consolidation and publication of African legislation.  It aims to crowdsource an open digital archive of African gazettes and use technology (in particular, Akoma Ntoso, a non-proprietary, XML markup standard for legislative documents) to consolidate legislation. In terms of processes: once a gazette is uploaded onto the Laws.Africa platform, a group of contributors (law students and law library students) extract individual Acts and identify changes to the Act over time.  A small group of reviewers check the work of the contributors (there is a two-step review process). After review, the consolidated legislation becomes available in a variety of formats.

The Laws.Africa project has already acquired and uploaded over 13,000 national gazettes.  These gazettes are available in .pdf versions through a linked sister site called Gazettes.Africa.  But, it takes a village to make a complete collection!  Unfortunately, Mariya explained, the law of Africa is not in Africa.  Instead, many African gazettes, especially historical ones, are located in libraries outside of Africa.  To continue building the collection of African gazettes and legislation on the Laws.Africa portal, Mariya and her colleagues need law librarians and digitizers in the U.S. and U.K. to donate their African gazettes to the project.  Mariya believes that crowdsourcing these gazettes is the best way to reach the goal of a complete collection.

Mariya concluded her presentation with an appeal: Join our community! Donate your gazettes!  Spread the word about the AfricanLII and Laws.Africa projects!  She received a great round of applause.

For a video of Mariya’s FCIL-SIS Schaffer Grant presentation, as given at Yale Law Library subsequent to the 2019 AALL Annual Meeting, follow this link.

AALL 2019 Recap: The Age of AI: Emerging Regulatory Landscape Around the World

By Taryn Marks

The Age of AI: Emerging Regulatory Landscape Around the World (E1)
Presenters: Laney Zhang, Jenny Gesley, Tariq Ahmad & Nicolas Boring
Coordinator: Tariq Ahmed
Moderator: Nicolas Boring
Monday, July 15, 11:00 AM–12:00 PM

In “The Age of AI: Emerging Regulatory Landscape Around the World,” speakers Laney Zhang, Jenny Gesley, Tariq Ahmad, and Nicolas Boring (all Foreign Law Specialists at the Law Library of Congress) discuss a variety of AI topics and the regulations, policies, and ethics that various governments around the world have started to implement and develop. The program is based on a report that the Library of Congress issued earlier in the year, Regulation of Artificial Intelligence in Selected Jurisdictions. After briefly reviewing the process that they used to research and compile the report, the presenters dove straight into an hour jam-packed with information about artificial intelligence regulation.

First, the panelists reviewed national strategies related to AI regulation in four countries: Canada, Germany, France, and China. Interestingly, Canada was the first country to develop an AI national strategy. For each country, the panelists provided a short overview of the strategy, then discussed some of the concerns and criticisms related to each country’s strategy.

Next came a discussion of data protection and transparency, with the obvious first candidate the European Union’s General Data Protection Regulation. The heavy focus was on automated decision-making within that context. The panelists then discussed two data protection and transparency regimes that had been heavily influenced by the EU’s GDPR, Canada and China. Laney pointed out that China presents an interesting case study in this context because it has simultaneously developed a recommended national standard of data protection while rather flagrantly violating its citizens’ data privacy.

Next, the presenters turned to the laws regarding autonomous vehicles in several countries (Germany, Belgium, France, Canada, and China). Most of these laws focus on either liability for accidents involving autonomous vehicles or regulation of autonomous vehicle tests. The speakers pointed out that most countries use the Society of Automotive Engineers’ five levels of automation, and that most countries’ regulations right now focus on vehicles that fall in levels three and four (conditional automation and high automation).

Last, the speakers reviewed several jurisdiction-specific hot topics. The EU recently developed ethical rules on AI that are currently in draft form and are being tested by the industry; Canada is conducting an algorithmic impact assessment after piloting programs that used AI to review various immigration applications. In France, the government has been using AI to conduct audits, for zoning issues, and in French courts. This latter policy caused a backlash that resulted in the French legislature banning the use of AI for predictive justice. Last, the EU has been reviewing the ethical and legal ramifications behind giving robots the status of legal personhood, creating a big debate within that system about those issues.

Overall, this was an excellent panel that provided detailed substantive information about a variety of laws related to AI, although I wish they had gone into a bit more detail about the process and research methodology used to prepare the report per their third learning objective. As far as reading the report versus watching the panel, I suspect that reading the full report would likely give you the same information as watching the panel; watching the panel would clearly demonstrate the depth of the speakers’ knowledge about these issues. Whichever you choose to do, you will learn a lot.

AALL 2019 Recap: FCIL Advanced Bootcamp

By Meredith Capps

Whilst the morning sessions of the 2019 AALL FCIL “bootcamp” covered broad, general categories of law (foreign, treaty, European Union), with a focus on research in these areas, the afternoon sessions examined several substantive areas of law: international trade, international taxation, and international anti-bribery/corruption law.

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All the speakers of the morning and afternoon sessions of the FCIL Bootcamp Pre-Conference Workshop at AALL 2019. From left to right: Heather Casey, Georgetown University Law Library; Prof. Heidi Frostestad Kuehl, Northern Illinois University School of Law; Prof. Jennifer Hillman, Georgetown University Law Center; Mabel Shaw, Georgetown University Law Library; Prof. Lilian Faulhaber, Georgetown University Law Center; and Charles Bjork, Georgetown University Law Library.

In “The International Trade Law System Under Fire,” Jennifer Hillman, a professor of practice at Georgetown Law Center and former WTO appellate body member, described the three major areas of international trade:  1) trade in goods, 2) trade in services, and 3) foreign direct investment.  In the area of goods, manufacturing dominates, and trade in goods is traditionally governed by common tariff schedules, organized around type and origin of good.  Trade in services, Hillman explained, is more complicated, as there are no tariffs, and data is difficult to gather. Services cross borders in a number of ways, including individuals crossing borders to utilize or provide a service, or service providers establishing a commercial presence in another jurisdiction.  Foreign direct investment often follows the movement of goods and services.

Both domestic and international law, including a few key conventions, govern international trade:

  1. Convention on the International Sale of Goods.
  2. Bilateral Investment Treaties (BITs)
  3. GATT/WTO frameworks
  4. Intellectual property treaties
  5. Hundreds of regional and bilateral trade agreements

Hillman described the GATT/WTO system in some detail, including key legal principles such as national treatment and most favored nation, and its active dispute resolution system.  She noted that the WTO often coordinates efforts with other international standard-setting organizations, such as the IMF and WIPO.

Hillman went on to review the Trump administration’s major initiatives with respect to trade, why they represent significant departures from prior policy, and their likely illegality under international law.  She discussed the current system’s failures, but emphasized that the world economy is now too interconnected to depart from a rules-based system of trade.

Next, Lilian V. Faulhaber, also of Georgetown, discussed digital taxation, i.e. efforts to tax the “digital economy.”  Traditionally, the nation where an entity is headquartered or maintains a physical presence taxed corporate income/revenue, and “transfer pricing” accounted for the value of tangible assets.  Intangible assets such as data are difficult to value, and the existing tax system does not well account for the realities of this current economy.  Some see efforts to tax the digital economy as targeting profitable U.S. corporations, and indeed, some such taxes are named after the likes of Amazon, Google, and Facebook.

Faulhaber described initial international efforts to address the digital economy, the Base Erosion and Profit Sharing (BEPS) Project (2013-2015), and Tax Force on the Digital Economy (TDFE).  Feeling that these efforts have not gone far enough, nations including the UK, Australia, India, and France have enacted domestic legislation designed to tax entities that may not have a physical presence in their borders, but derive income from sales or services in the country.  The U.S. has also responded to concerns that intangibles are being inappropriately valued with the “GILTI” a worldwide minimum tax of about 15%, applied to global intangible low tax income, and the “BEAT” tax on related party payments.  These provide a disincentive for U.S. corporations to move offshore to low tax jurisdictions such as Ireland.

The OECD digital tax work program is currently examining coordinated solutions including a user contribution tax, marketing intangible tax, and “significant economic presence” test, and is targeting consensus in 2020.  The most effective OECD measures, Faulhaber says, are those that reward nations who opt in to the system.  Faulhaber predicts that we will not return to the traditional model of taxation, but is unsure whether cooperation or unilateral measures will predominate.

Finally, Heidi-Frostestad Kuehl of NIU College of Law discussed international anti-corruption and anti-bribery frameworks and resources.  She noted that corruption and bribery implicate several other areas of law, including labor, ethics, environment, torts, contracts, human rights and criminal law.  Several persistent issues underlie corrupt practices including poverty, slavery, and global supply chain forces.  Major domestic laws governing corruption include the U.S.’s Foreign Corrupt Practices Act, which has established the U.S. as a leader in anti-bribery enforcement, and the more recent UK Bribery Act.  Challenges in developing national enforcement frameworks include investigative scope, language, cultural differences, whistleblower protection, privacy and data protection laws, labor protections, ethical rules, non-disclosure agreement standards, undeveloped case law, mens rea standards, the role of judiciary, and the regulatory environment.  OECD and UN conventions provide international frameworks, but these do not have the same hard law effects as domestic legislation.

Kuehl then described several useful research tools, beginning with the Global Compliance website, which organizes content by jurisdiction, Transparency International, and the Stanford University FCPA siteOECD country reports on implementation of the OECD anti-bribery convention are another useful tool.  Domestically, researchers may turn to the Department of Justice and Securities and Exchange Commission sites listing enforcement actions.  Kuehl recommends researchers begin by searching for relevant treaties, then implementing national legislation, national regulations and judicial decisions, and relevant cultural norms.

Webinar Recap: Working with Non-English Materials for the English Speaker

By Jessica Pierucci

On June 6, 2019, the FCIL-SIS Continuing Education Committee hosted its inaugural webinar, Working with Non-English Materials for the English Speaker. This engaging and information-packed session featured three panelists who discussed the best resources and provided research tips for finding the most helpful English translations of laws in European, Asian, and African countries.

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This post briefly discusses some key takeaways from the webinar, but for a complete list of resources, please check out a helpful handout and set of slides from the presentation both freely available through the Continuing Education page on the FCIL-SIS section of the AALL website. A webinar recording is also available to AALL members at this site.

Europe

Erin Gow, Online Services Librarian at University of Louisville Law Library, started the panel with European languages. She suggested starting with EUR-Lex and N-Lex when looking for documents from EU member states. In EUR-Lex, she pointed out annotations noting the source of translation (official, machine translation, etc.). In N-Lex, Gow demonstrated how the search boxes helpfully translate English language searches to other languages.

Gow also recommended places to find guides for this type of research. GlobaLex is often her first stop. She also checks for research guides from European law libraries, because those guides are generally developed by librarians who regularly work with European resources. Gow specifically mentioned guides from the Bodleian Law Library at Oxford and Middle Temple Library, including Middle Temple Library’s National Information Links for Lawyers PDF chart (PDF on the right).

Gow provided global tips as well. She explained that government websites, websites for relevant multinational organizations, and the International Encyclopaedia of Laws can also be potential sources of translated laws. She also recommended checking Lexis, Westlaw, HeinOnline, treatises, encyclopedias, and law review articles for any translations contained therein. For performing machine translations, Gow noted that she prefers the translation application Linguee. She also discussed the general helpfulness of Google Translate, but she cautioned to always be aware of the limits of machine translation.

Asia

Alex Zhang, Assistant Dean for Legal Information Services at Washington & Lee School of Law, focused on Asian languages. Zhang explained that for countries in which English is an official language, such as Singapore and Hong Kong, the researcher’s focus should be on finding the most authoritative source. Singapore Statutes Online is a helpful government resource for finding Singapore’s laws online, but it only contains unofficial versions of legislation. The official text is published in the print Gazette. On the other hand, electronic Hong Kong e-Legislation documents with “verified copy” marks are the official text.

For countries in which English is not an official language, the best bet is often finding a translation produced by a governmental entity (e.g. Japanese Law Translation), but it’s crucial to remember translations won’t have official status. Zhang emphasized considering the translation’s origin, focusing on the translation source, date, version history, and format. She also encouraged comparing multiple translations where possible.

Zhang also shared some broadly applicable tips. Great research guides may come from academic libraries in a relevant country, such as the Chinese University of Hong Kong Library. The Foreign Law Guide, GlobaLex, and Law Library of Congress Guide to Law Online: Nations are all great resources for locating information about the availability of translations. Further, Lyonette Louis-Jacques’ “How to Find Cases in Translation, Revisited” in Slaw is a valuable tool for case research ideas.

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Africa

Yemisi Dina, Acting Chief Law Librarian at Osgoode Hall Law School Library capped off the panel by discussing African languages. Dina focused on the presence of many indigenous languages across the continent, which can lead to loss of the true meaning during translation from language to language. One manner in which meaning can be lost occurs when customary court judges, who often do not produce written decisions, elect to have their decisions written in a language other than the indigenous language spoken during the proceedings. Meaning can also be lost during international tribunal hearings, when interpreters translate from an indigenous language to the official language of the tribunal.

Although true that many African countries have English, French, Arabic, and/or Portuguese as official languages, the text in those languages may not fully capture the meaning originally intended by law originated in an indigenous language.

Dina suggested using AfricanLII as the go-to resource, but noted that it, like LLMC and other collections, is incomplete and still has a way to go toward becoming a complete resource for African legal information.

Want more information?

Don’t forget to check out the webinar resources posted on the Continuing Education page on the FCIL-SIS section of the AALL website. They’re super helpful including citations and links to a wide array of translation-related resources.