Through the FCIL Lens: Ecuador, Rwanda/South Africa, Turkey, Pakistan and Thailand

By Marcelo Rodríguez

Welcome back to Through the FCIL Lens series! Several important events took place this past month of May 2023 in different flashpoints all over the world. Per usual, in this series, I aim to shed some light on rapidly (d)evolving events which can potentially become of interest to Foreign, Comparative and International Law (FCIL) librarians or any researcher interested in this type of work.

There are innumerable challenges and pitfalls when pursuing FCIL research on current events taking place in other countries. Some of the obvious challenges include evaluating sources, translation, mis- and disinformation, fast sequence of events, etc. From a research standpoint, I believe one of the major challenges is how to connect the current events with the research that you’re trying to do. There is simply not enough information or analysis to help you connect the dots. Therefore, this translates into yet another step in your research strategy which you simply can’t ignore. In my FCIL class at the University of Arizona College of Law, I try to convey to my students the idea that once you begin working with legal information from other countries, you are really working with ever-changing “living organisms” which require analysis and understanding beyond the law and legal sources. Unfortunately, our legal education in the United States does a terrible job at exposing students to interdisciplinary sources and research methodologies from other areas of knowledge which are crucial to FCIL research.

For this post I have chosen events that took place over this past month of May 2023 in the following countries: Ecuador, Rwanda/South Africa, Turkey, Pakistan and Thailand. As in previous posts, these summaries aim to be descriptive, introductory, and to provide a stepping stone for further comprehensive research. Each summary also includes at least three important authoritative secondary sources.

Upside Down Map

Ecuador’s Muerte Cruzada Prompts New Elections in the Country

  • Blanksten, G. I. (2022). Ecuador: Constitutions and caudillos. Univ of California Press.
  • Cachanosky, N., Salter, A. W., & Savanti, I. (2022). Can dollarization constrain a populist leader? The case of Rafael Correa in Ecuador. Journal of Economic Behavior & Organization, 200, 430-442.
  • Collins, J. N. (2022). Ecuador: The Return of Neoliberal Ghosts with Pandemic Woes. In Latin American Politics and Development (pp. 311-331). Routledge.

Rwandan Genocide Fugitive, Kayishema Captured in South Africa

After 22 years evading justice, Fulgence Kayishema, one of the world’s most wanted fugitives of the Rwandan genocide, has been arrested in Cape Town, South Africa on May 24. Hiding among refugees in several countries, masking himself behind various aliases and using the false name of Donatien Nibashumba, Kayishema managed to remain at large from authorities authorities who say he orchestrated the killing of more than 2,000 Tutsis during the Rwandan genocide. South African police said the arrest was made in response to an Interpol red notice. It took a multinational team, including the South African police and the United Nations International Criminal Tribunal for Rwanda, casting a wide net to catch him. Kayishema was indicted by the United Nations International Criminal Tribunal for Rwanda in 2001, which charged him with genocide and crimes against humanity for killings and other crimes committed in the Kibuye prefecture. According to the indictment, Mr. Kayishema was the chief police inspector in 1994, overseeing and participating in the days-long massacre of civilians. More than 800,000 Rwandans, most from the Tutsi ethnic group, were killed during 100 days of violence by forces and vigilantes from the Hutu ethnic group. Thousands of moderate Hutus were also killed in the violence, considered one of the worst atrocities of the 20th century. Kayishema will be held at Cape Town’s Pollsmoor Prison ahead of extradition to Rwanda. He could face trial either in Rwanda itself or the International Criminal Court in The Hague.

  • Ancietos, M. (2021). Political opportunism, impunity and the perpetuation of Victors Justice: A case of the Rwandan Genocide. African Journal of Political Science and International Relations, 15(2), 76-89.
  • Drumbl, M. A. (2020). Post-Genocide Justice in Rwanda. Journal of International Peacekeeping, 22(1-4), 247-262.
  • Lakin, S. J., & Wibabara, C. (2022). Transitional Justice in the Wake of Genocide: The Contribution of Criminal Trials and Symbolic Reparations to Reconciliation in Rwanda. In the Shadow of Genocide, 110-131.

Erdogan Consolidates Even More Power in Turkey

Despite record inflation, economic woes, meager response to the massive earthquakes in February 2023, and humanitarian crisis with Syrian refugees, Erdogan manages to capture the Turkish electorate and win the presidential election. He defeated rival Kemal Kilicdaroglu in the second round of voting, after coming just short of an outright victory the first time around on 14 May. President Recep Tayyip Erdogan will rule until 2028. In two victory speeches, the 69-year-old thanked voters for entrusting him with power again and called for unity as well as targeting political foes, such as challenger Kemal Kilicdaroglu, jailed Kurdish leader Selahattin Demirtas and the LGBTQ+ community. Mr. Erdogan prevailed, thanks to fervent support from a significant portion of the population and his skills as a campaigner. Religiously conservative Turks who appreciate his expanding the role of Islam in public life stood by him, and even many of those angry about inflation said they did not have faith that the opposition could govern any better. International observers noted the tremendous advantages Mr. Erdogan had before voting began, including his ability to unleash billions of dollars in state spending to try to offset the negative effects of inflation and other economic strains and the abundant, positive media coverage he received from the state-funded broadcaster. This is the outcome President Vladimir Putin wanted – no surprises that he was one of the first to offer his congratulations to the Turkish leader. Mr Putin did what he could to tilt the scales in his favor, including postponing a $600m payment for Russian natural gas. Erdogan successfully took the focus away from a cost-of-living crisis during the election campaign – making significant hikes to pensions and salaries, providing discounts to household energy bills, all while moving the debate to issues such as security and family values. Inflation peaked at 85 percent late last year, dropping to 44 percent last month, although independent economists dispute the official figures and say it is at 105 percent.

  • Cagaptay, S. (2020). The new sultan: Erdogan and the crisis of modern Turkey. Bloomsbury Publishing.
  • Göksel, O. (2019). Foreign policy making in the age of populism: The uses of anti-Westernism in Turkish politics. New Middle Eastern Studies, 9(1).
  • Yavuz, M. H., & Öztürk, A. E. (2019). Turkish secularism and Islam under the reign of Erdoğan. Southeast European and Black Sea Studies, 19(1), 1-9.

Imran Khan vs. Pakistan’s Military Establishment

  • Batool, F. (2023). Populism in Pakistan: The Exclusionary-Inclusionary Divide in the Politics of Zulfiqar Ali Bhutto and Imran Khan. South Asia: Journal of South Asian Studies, 46(2), 265-282.
  • Shafqat, S. (2022). Pakistan in 2021: End of the Innings for Imran Khan?. Asian Survey, 62(1), 173-184.
  • Shah, A. (2019). Pakistan: Voting under military tutelage. Journal of Democracy, 30(1), 128-142.

Thai Elections Give Oxygen to the Country’s Pro-Democracy Forces

  • Farrell, W. C., & Phungsoonthorn, T. (2020). Generation Z in Thailand. International Journal of Cross Cultural Management, 20(1), 25-51.
  • Morell, D. (2020). The Political Dynamics of Military Power in Thailand. In The Armed Forces in Contemporary Asian Societies (pp. 138-152). Routledge.
  • Sinpeng, A. (2021). Hashtag activism: social media and the# FreeYouth protests in Thailand. Critical Asian Studies, 53(2), 192-205.

GlobaLex March/April 2023 Issue is Live

By Lucie Olejnikova

GlobaLex March/April 2023 issue is live featuring one new article, Researching International Food Law, and six updates: Introduction to the Norms and Institutions of the African Union, the Amparo Context in Latin American Jurisdiction, Foreign Law – Subject Law Collections on the Web, Lithuania, Pakistan ADR, and Spain. Webmasters and content managers, please update your pages. We thank all our wonderful authors, new and established, for their excellent contributions and commitment to open access authorship!

Researching International Food Law by Antonella Corradi at https://www.nyulawglobal.org/globalex/International_Food_Law.html.

Antonella Corradi earned a degree in Law from the University of Rome “La Sapienza” (June, 1991). She works at the Ministry of Cultural Activities and Heritage of Italy. She wrote many articles and has contributed as co-author to a book on the intellectual property of biobanks for JLIS, an online paper, in 2010. She is a statutory auditor on behalf of the Ministry of Cultural Activities and Heritage of Italy.

UPDATE: Introduction to the Norms and Institutions of the African Union by Ufuoma Lamikanra at https://www.nyulawglobal.org/globalex/African_Union1.html.

Ufuoma Lamikanra is a Lawyer and a retired Law Librarian. She is currently pursuing a Ph.D. degree at the School of Advanced Study, University of London. Ms. Lamikanra’s publications include: “Law Libraries and Law Librarianship in Nigeria” in the IALL International Handbook of Legal Information Management (Danner, Richard A. & Jules Winterton, eds., Farnham: Ashgate, 2011); “Challenges of Sourcing for Legal Materials in a Globalized Economy,” 1 Babcock University Socio-Legal J. 66 (2009); and “Nigeria: Index to Federal Statutes in Force 2003” 232 et seq. (Lagos, Berean Club Pub. 2004).

UPDATE: The Amparo Context in Latin American Jurisdiction: An Approach to an Empowering Action by Gloria Orrego Hoyos at https://www.nyulawglobal.org/globalex/Amparo1.html.

Gloria Hoyos Orrego has a law degree from the Pontificia Universidad Javeriana in Bogota, Colombia. She has a master’s degree in Constitutional Law and Human Rights from the University of Palermo in Buenos Aires and a diploma in Library and Information Management at the University of Social Sciences and Business (UCES) in Buenos Aires, Argentina. For 10 years she worked at the Max von Buch Library of the Universidad de San Andrés in Buenos Aires, where she coordinated the legal reference service; among other tasks. She remains a professor of legal research methodology there and additionally she teaches the same course at the Universidad Torcuato Di Tella. She has been invited to lecture in Argentina and other countries in the region and has been a trainer for specific projects in non-governmental organizations, the judiciary, various corporate databases, and teachers’ associations in Argentina. Ms. Orrego Hoyos is a member of the American Association of Law Librarians and between 2016 and 2019 she worked as part of the Board of Directors of the IALL where she chaired the Committee of Educational Affairs of the institution. She currently serves on the General Secretariat Training and Law at the Public Defender’s Office in Buenos Aires, Argentina.

UPDATE: Foreign Law – Subject Law Collections on the Web by Jennifer Allison at https://www.nyulawglobal.org/globalex/Foreign_Collections1.html.

Jennifer Allison worked as a Librarian for Foreign, Comparative, and International Law at the Pepperdine Law School Library (2007-2012) and the Harvard Law School Library (2012-2022). Having left full-time librarianship at the end of 2022, she now operates her own business, Manuscript Spa, through which she provides pre-publication editing, formatting, and indexing services for scholarly books and articles. Jennifer holds a J.D. from Pepperdine Law School, an M.L.I.S. from San Jose State University, and an LL.M. from the law faculty of the University of Würzburg in Germany. She returns to Würzburg twice a year as a visiting lecturer, teaching courses in substantive U.S. law topics, including criminal law and procedure, administrative law, common law remedies, and alternative dispute resolution.

UPDATE: Lithuanian Legal Research by Elona Norvaišaitė at https://www.nyulawglobal.org/globalex/Lithuania1.html.

Elona Norvaišaitė was a reference librarian for several years at the Law and Politics Reading Room of the Information Center of the National Library of Lithuania. From 2006 to 2012, she worked as an information specialist at the Library of the European Parliament. Since 2015, Elona has worked at the Library of the Constitutional Court of the Republic of Lithuania.

UPDATE: Alternative Dispute Resolution in Pakistan by Farah Khan at https://www.nyulawglobal.org/globalex/Pakistan_ADR1.html.

Farah Khan graduated with a law degree from Hamdard School of Law and started her practice as a criminal lawyer in Pakistan. She then obtained a master’s degree in criminology, and she is currently completing her MPhil in Criminology at the University of Karachi. She is an enrolled advocate, with a license to practice in the High Court throughout Pakistan. She has remained Special Prosecutor for National Accountability Bureau of Pakistan; she also teaches law at Hamdard School of law and Ziauddin University of Law, Politics and Governance. She is Associate Partner at Akbar, Sarki, Ali & Co and handles a wide range of litigation including both Criminal and Constitutional Law.

UPDATE: Overview of the Spanish Legal System and Legal Research by Esteban Cuyás Caudevilla and Gloria Priego Luque at https://www.nyulawglobal.org/globalex/Spain1.html.

Esteban Cuyás Caudevilla holds a law degree and a Master of Business Law from ESADE (2008) and an LL.M. from Loyola University Chicago (2017) (merit scholarship) where he also served as a clinician in the Business Law Center. Esteban is an active lawyer in Madrid, Spain, and has written several articles on a variety of legal topics.

Gloria Priego Luque holds a double degree in Law and Business Analytics from ICADE (2021) and a Master of International Business Law from Garrigues (2022). Gloria has published about non-fungible tokens (NFTs) in La Ley Digital.

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

Through the FCIL Lens: Honduras, Sudan, Uganda, Georgia, Kuwait

By Marcelo Rodríguez

Welcome back to Through the FCIL Lens! I recently won an award as the FCIL-SIS Blog Post of the Year for this series (YAY!). I’m honored by this award and it gives me motivation to continue writing. As I finish teaching my Foreign, Comparative and International Legal Research class at the University of Arizona College of Law, I always introduce this concept of constant change taking place in foreign countries and how relevant it can be to your legal research. A student of mine mentioned two incredibly important words: intentional and flexible. That is exactly the frame of mind that I’m trying to cultivate in my class and in this series. 

Given the audience of this blog, the summaries of domestic situations I include here are packed with information and other sources which can be further developed, if needed. The intention here is to make the FCIL experts aware of these rapidly-evolving situations and events happening in flashpoints happening around the world, mostly the Global South.  

For this post I have chosen events that took place over the past two months, March and April 2023 in the following countries: Honduras, Sudan, Uganda, Georgia and Kuwait. As in previous posts, these summaries aim to be descriptive, introductory, and to provide a stepping stone for further comprehensive research. Each summary also includes at least three important authoritative secondary sources.

Upside Down Map

Honduras President, Xiomara Castro Lifts Ban on Contraceptive Pills

  • Garibotto, V. (2022). Uneven Reproductive Landscapes: The Abortion Documentary in Latin America. Latin American Research Review, 1-9.
  • Sosa, E., Menjívar, C., & Almeida, P. (2022). Elections and Social Movements in Honduras in the Central American Context. Revista Mexicana de Política Exterior, (122), 43-61.
  • Taylor, L. (2022). How South America became a global role model for abortion rights. bmj, 378.

Two Rivals Prompt Threats of Civil War in Sudan

  • Atta-Asamoah, A., & Mahmood, O. S. (2019). Sudan after Bashir-regional opportunities and challenges. ISS East Africa Report, 2019(23), 1-20.
  • Bassil, N., & Zhang, J. (2021). The post-Bashir era in Sudan: tragedy or remedy?. Australian Journal of International Affairs, 75(3), 252-259.
  • Grewal, S. (2021). Why Sudan succeeded where Algeria failed. Journal of Democracy, 32(4), 102-114.

New Bill in Uganda Becomes One of the Harshest Anti-LGBTQ+ Legislation in the World

  • Amusan, L., Saka, L., & Muinat, O. A. (2019). Gay Rights and the Politics of Anti-homosexual Legislation in Africa. Journal of African Union Studies, 8(2), 45-66.
  • Jjuuko, A. (2021). Global struggles, local consequences: the impact of internationalisation on local LGBT struggles in Uganda. Critical Studies on Security, 9(3), 250-253.
  • Xie, N. (2010). Legislating hatred: Anti-gay sentiment in Uganda. Harvard International Review, 32(1), 6-7.

Georgia’s Foreign Agents Bill Gets Shelved Amid Massive Protests

  • Fawn, R. (2020). The Price and Possibilities of Going East? The European Union and Wider Europe, the European Neighbourhood and the Eastern Partnership. Managing Security Threats along the EU’s Eastern Flanks, 1-29.
  • Kakabadze, S. (2020). The East in the West: South Caucasus Between Russia and the European Union. Polity, 52(2), 273-287.
  • Oravec, P., & Holland, E. C. (2019). The Georgian Dream? Outcomes from the Summer of Protest, 2018. Demokratizatsiya: The Journal of Post-Soviet Democratization, 27(2), 249-256.

Yet Another New Kuwaiti Parliament and Government

  • Chay, C. (2020). Parliamentary Politics in Kuwait. In Routledge Handbook Of Persian Gulf Politics (pp. 327-345). Routledge.
  • Gavrielides, N. (2021). Tribal democracy: the anatomy of parliamentary elections in Kuwait. In Elections in the Middle East (pp. 153-191). Routledge.
  • Mesbah, H. (2022). Tweeted Attitudes towards Women Parliamentary Candidates in Kuwait: A Social Dominance Perspective. Journal of Digital Social Research, 4(1), 98-127.

From the Reference Desk: Correction

By Jonathan Pratter

My last post for From the Reference Desk (Publication of U.S. Treaties is Flawed) had some useful things to say about the publication of international agreements in the U.S., but the basic premise of the post was in error. In the post, I said that TIAS does not publish agreements that have been submitted to the Senate for advice and consent. That was wrong. TIAS does in fact publish agreements submitted to the Senate in the normal course after the agreement has been ratified and entered into force. I regret the error and apologize to readers of DipLawMatic Dialogues for the misleading post.

GlobaLex January/February 2023 Issue is Live

By Lucie Olejnikova

GlobaLex January/February 2023 issue is live featuring one new article, Researching International Labour Law, and seven updates: Cameroon, Eswatini (Swaziland), Nepal, Sudan, Forced Evictions and Disability Rights in Africa, “Space Asset” Under the Space Protocol to the Cape Town Convention and the Related Issues Under International Space Law, Researching the Vienna Convention on Consular Relations Notification Requirements. Webmasters and content managers, please update your pages. We thank all our wonderful authors, new and established, for their excellent contributions and commitment to open access authorship!

Researching International Labour Law by Erica Friesen and Brianna Storms at https://www.nyulawglobal.org/globalex/International_Labour_Law.html.

Erica Friesen is a Research and Instruction Librarian & Online Learning Specialist at Queen’s University’s Lederman Law Library in Kingston, Canada. She holds an M.I. from the University of Toronto and a B.A. (Hons.) from McGill University. Erica has previously published on artificial intelligence and legal research, including a recent article titled “The Artificial Researcher: Information Literacy and AI in the Legal Research Classroom,” 26 Legal Writing 241 (2022). She is a member of the Canadian Association of Law Libraries and the American Association of Law Libraries.

Brianna Storms is a Research and Instruction Law Librarian at Queen’s University in Ontario, Canada. In this role she provides legal research assistance and delivers instructional sessions to students and faculty, as well as to other library patrons from the wider community. Prior to this role, Brianna served as a law association librarian where she delivered library and legal research services to members at various states in their careers (from articling and integrated practice placement students to senior law partners). She earned her Master of Library and Information Science degree from Western University (Ontario, Canada) and holds an Honors Bachelor of Arts degree with an Emphasis in Education from Trent University (Ontario, Canada).

UPDATE: Researching Cameroonian Law by Charles Manga Fombad at https://www.nyulawglobal.org/globalex/Cameroon1.html.

Charles Manga Fombad, a Professor of Law and Director, Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, holds a Licence en Droit (University of Yaoundé), LL.M. and Ph. D. (University of London) and a Diploma in Conflict Resolution (University of Uppsala). He was, from 2003-2006, Professor Honorarius of the Department of Jurisprudence, School of Law, University of South Africa. Professor Fombad is the author/editor of 17 books and has published more than 100 articles in international refereed journals, more than five dozen book chapters as well as numerous other publications and conference papers. In 2003, Professor Fombad received the Bobbert Association Prize for the best first article in the Journal for Juridical Science. He was also awarded the Wedderburn Prize in 2003 for a paper that appeared in the “Modern Law Review.” For three years, 2004, 2005 and 2007, Professor Fombad received the special commendation award from the University of Botswana Research Awards Committee as runner up on each occasion to the University Researcher of the Year.

UPDATE: The Law and Legal Research in Eswatini by Sibusiso Magnificent Nhlabatsi at https://www.nyulawglobal.org/globalex/Swaziland1.html.

UPDATE: Forced Evictions and Disability Rights in Africa by Sibusiso Magnificent Nhlabatsi at https://www.nyulawglobal.org/globalex/Forced_Evictions_Disability_Rights_Africa1.html.

Sibusiso Nhlabatsi is a human rights lawyer; an admitted attorney of the High Court of eSwatini. Nhlabatsi currently works at the University of eSwatini as the Legal Clinic Principal. Nhlabatsi is working towards the completion of his LLM at the University of South Africa; he holds an LLB and a Diploma in Law from the University of eSwatini. Nhlabatsi is the founding director of the Institute for Democracy and Leadership (IDEAL) and the eSwatini Litigation Centre.

UPDATE: Researching the Legal System of Kingdom of Nepal by Sirjana Sharma Pokhrel and Dr. Md. Ershadul Karim at https://www.nyulawglobal.org/globalex/Nepal1.html.

Sirjana Sharma Pokhrel is working at the Paralegal Services of Tarrant County in Euless, USA since 2019. Paralegal Services is a solo semi-legal consulting firm in Dallas. Sharma worked at theLaw Office of Sirjana Sharmain Nepal for more than 15 years. She has been practicing law since 1996. She holds a LL.M. degree from Nepal Law Campus, Tribhuvan University specializing in commercial law and International and Comparative LL.M. from Dedman School of Law, Southern Methodist University, USA.

Dr. Md. Ershadul Karim is a Senior Lecturer at the Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia and a non-practicing lawyer enrolled with Bangladesh Supreme Court.

UPDATE: Researching the Legal System of the Republic of Sudan by Mai Aman at https://www.nyulawglobal.org/globalex/Sudan1.html.

Mai Aman is a Sudanese lawyer and children’s rights advocate. She currently works as a project officer at the Children’s Rights Unit at the Centre for Human Rights, University of Pretoria. She holds an LL.B. (first class honours) from the University of Khartoum and an LL.M. in Human Rights and Democratization in Africa from the University of Pretoria and is currently an LL.D. Candidate at the same institution. Her other areas of interest and expertise include democracy and transitional justice.

UPDATE: “Space Asset” Under the Space Protocol to the Cape Town Convention and the Related Issues Under International Space Law by Pai Zheng & Ruo Wang at https://www.nyulawglobal.org/globalex/Space_Asset_Protocol_Cape_Town_Convention1.html.

Pai Zheng is an Assistant Professor at the International Law School of East China University of Political Science and Law (ECUPL), Shanghai, China. He holds an LL.M. (Air and Space Law) from Leiden University, the Netherlands, an LL.M. (Public International Law) and a Ph.D. in Law (Cum Laude) from ECUPL.

Ruo Wang is an LL.M. Candidate (Public International Law) at the International Law School of East China University of Political Science and Law (ECUPL), Shanghai, China.

UPDATE: Researching the Vienna Convention on Consular Relations Notification Requirements by Cindy G. Buys at https://www.nyulawglobal.org/globalex/Vienna_Convention_Consular_Relations1.html.

Cindy G. Buys is a Professor and Director of International Law Programs at Southern Illinois University School of Law. She holds an LL.M. from Georgetown University Law Center, a Juris Doctorate and a Master of Arts in International Relations from Syracuse University, and a Bachelor of Arts in Political Science from the State University of New York at Albany.

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

From the Reference Desk: Publication of U.S. Treaties is Flawed

By Jonathan Pratter

Edit: Upon further research, the author discovered TIAS does publish agreements submitted to the Senate. A correction is published at From the Reference Desk: Correction.

Screenshot of the title page of volume 35 of US Treaties and Other International Agreements

The publication of U.S. international agreements is defective. The U.S. adequately publishes executive agreements, but not treaties. The one current publication for U.S. international agreements is Treaties and Other International Acts Series (TIAS). TIAS is now published exclusively online at the State Department’s website. But the fact is that TIAS publishes only executive agreements, not treaties. As readers of this blog know, treaties in U.S. practice are submitted to the Senate for advice and consent; executive agreements are not. A treaty is submitted to the Senate in a Senate treaty document. It goes to the Foreign Relations Committee. The treaty document contains the text of the agreement. Treaty documents are available online at Congress.gov. The Foreign Relations Committee holds hearings on the treaty and deliberates. When the committee approves the treaty for advice and consent, it issues a Senate executive report that describes the deliberations and contains the resolution of advice and consent. The Senate executive report contains the text of reservations, understandings or declarations (RUDs) that the Senate wishes to attach to its advice and consent. The treaty then goes to the full Senate for a vote on the resolution of advice and consent.

The resolution of advice and consent to the treaty in the Senate is not ratification. The President, not the Senate, ratifies the treaty. If there was any doubt about this, it is settled explicitly by § 103(3) of the Restatement, 4th of Foreign Relations Law, which says in terms: “After the Senate provides its advice and consent, the President determines whether to ratify or otherwise make the treaty on behalf of the United States.”

As matters stand today, the only current source for the publication of U.S. treaties is the Senate treaty document (and the Senate executive report for the text of RUDs). It is true that the Bluebook allows citation to Senate treaty documents (see table T4.1), but this is far from ideal for the simple reason that this is not the ratified treaty.

Let it not be forgotten that a U.S. statute (1 U.S.C. § 112a) requires the Secretary of State to publish a compilation entitled United States Treaties and Other International Agreements, “which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year … The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.” This is U.S.T., which many law libraries have in its nice blue binding and which the Bluebook says continues to the present. But the sad fact is that U.S.T. has not been published since 1985!

By the Supremacy Clause of the U.S. Constitution, treaties of the U.S. are part of the “supreme law of the land.” In light of that and of the State Department’s duty under 1 U.S.C. § 112a to publish treaties, the State Department should take the task more seriously. Other countries do a better job of it. The U.K. has the United Kingdom Treaty Series online; Australia has the Australian Treaties Database; Canada has the Canada Treaty Series online. There are not that many U.S. treaties each year. One solution, although it doesn’t strictly comply with 1 U.S.C. § 112a, would be to put treaties in TIAS. That would certainly be better than the situation we have now.

Another possibility is to resurrect United States Treaties and Other International Agreements. That would comply with 1 U.S.C. § 112a. In the past U.S.T. published agreements that first appeared in TIAS. That duplication is not needed. So U.S.T. would then be limited to treaties submitted to the Senate. That would produce one fairly slim volume each year. I hope the State Department will see that the current situation regarding the publication of U.S. treaties is fundamentally flawed and will adopt one of the suggestions made here.

Through the FCIL Lens: Nicaragua, Nigeria, Armenia/Azerbaijan, Cambodia, Vanuatu

By Marcelo Rodríguez

Welcome back to Through the FCIL Lens. As I have said before, this series aims to shed some light on developing flashpoints around the world which might be of importance to anyone engaged in FCIL work. In this series, I’m defining “flashpoints” as events and/or situations happening in different geographical regions which are (d)evolving rapidly, mostly reported in news or local sources in their respective languages; and with a considerable amount of information still not analyzed or pieced together in a comprehensive way. Because I live in the United States, I’m intentionally leaving out events taking place in North America or Western Europe. I believe these regions are well covered in the US and users do have access to a number of sources which can help.  

The stories that I cover in these series are also limited by the fact that I’m only one person, and I don’t want to overwhelm the readers with more than five situations at a time. Inevitably, I will be leaving out other flashpoints which I encourage others to follow or write about. Some of these situations or events are the following: Changes in Election Laws in Mexico, Sentencing of Nobel Prize winner in Belarus, Presidential Elections in Djibouti, Massive Protests Against Judicial Reform in Israel, Spiral of Violence in the West Bank, Expansion of Martial Law in Myanmar, etc. Furthermore, some of the events I have covered in this series before are still making the headlines in various countries such as Haiti, Tunisia, Iran, Hong Kong, India, Burkina Faso and Mali

For this post I have chosen events that took place over the past month of February 2023 in the following countries: Nicaragua, Nigeria, Armenia/Azerbaijan, Cambodia and Vanuatu. As in previous posts, these summaries aim to be descriptive, introductory, and a stepping stone for further comprehensive research. Each summary also includes at least three important authoritative secondary sources.

Upside Down Map
  • Ortega Expels Political Prisoners and Strips Them of Their Nicaraguan Citizenship
  • Maclure, R., & Avilés, M. S. (2023). Populist governance, caudillismo, and the crisis of education in Nicaragua: From the ideal of national purpose to political expediency. In Populism and Educational Leadership, Administration and Policy (pp. 141-157). Routledge.
  • Quesada, J. (2023). A Brief History of Violence in Nicaragua. In Higher Education, State Repression, and Neoliberal Reform in Nicaragua (pp. 171-188). Routledge.
  • Thaler, K. M., & Mosinger, E. (2022). Nicaragua: Doubling down on dictatorship. Journal of Democracy, 33(2), 133-146.
  • Unexpected Results in Nigeria’s Presidential Elections
  • Adegbola, O., & Okunloye, O. (2022). A tale of two kidnapings: Government response to Chibok & Dapchi attacks in Nigeria. Public Relations Review, 48(5), 102248.
  • Ahmad, S. S., Uddin, Z., & Shah, F. A. (2022). Presidential Election in Nigeria 2023 Trial and tribulation of democracy. Propel Journal of Academic Research, 2(2), 74-84.
  • Aniche, E. T., & Iwuoha, V. C. (2022). Beyond police brutality: Interrogating the political, economic and social undercurrents of the# EndSARS protest in Nigeria. Journal of Asian and African Studies, 00219096221097673.
  • International Court of Justice’s Decision on Nagorno-Karabakh’s Lachin Corridor
  • Budhram, T. (2019). Political corruption and state capture in South Africa. In Political Corruption in Africa (pp. 155-174). Edward Elgar Publishing.
  • Onuoha, B. (2021). The Corruption conundrum of the Zuma Presidency. Journal for Studies in Humanities and Social Sciences, 10(1&2), 14-29.
  • Von Holdt, K. (2019). The political economy of corruption: elite-formation, factions and violence. Society, Work and Politics Institute Working Paper, 10.
  • Cambodia’s Hun Sen Cements His Power Before July Presidential Elections
  • Hyde, S. D., Lamb, E., & Samet, O. (2022). Promoting democracy under electoral authoritarianism: Evidence from Cambodia. Comparative Political Studies, 00104140221139387.
  • Path, K., & Nhem, B. (2022). Vietnam’s Military and Political Challenges in Cambodia and the Early Rise of Cambodia’s Strongman, Hun Sen, 1977–79. TRaNS: Trans-Regional and-National Studies of Southeast Asia, 10(2), 127-144.
  • Ward, K., & Ford, M. (2022). Labour and electoral politics in Cambodia. Journal of Contemporary Asia, 52(4), 513-531.
  • Two Category 4 Hurricanes in Vanuatu Highlighted the Country’s Call for Action on Climate Change
  • Freestone, D., Barnes, R., & Akhavan, P. (2022). Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law (COSIS). The International Journal of Marine and Coastal Law, 37(1), 166-178.
  • Mayer, B. (2022). International Advisory Proceedings on Climate Change. Michigan Journal of International Law, Forthcoming.
  • Pierce, C., & Hemstock, S. L. (2022). Cyclone Harold and the role of traditional knowledge in fostering resilience in Vanuatu. Australasian Journal of Disaster and Trauma Studies, 26(1), 41-60.

From the Reference Desk: Using the Year Books

By Jonathan Pratter

A student had a citation to the Year Books: Y.B. 1 Hen. 7 Mich. pl. 5, per Hussey, C.J. I could decipher this to mean the Year Book from the first year of the reign of King Henry VII, Michaelmas term, a statement by Chief Justice Hussey. But what was pl. 5? It turns out that this means plea number 5. Also, what exactly was the published source for this citation? That took some research.

The Year Books are the earliest reports of English cases. They were produced between 1268 and 1535. The original Year Books were manuscript. Not long after the introduction of printing to England, printed editions of Year Books began to be published. The standard print edition was produced between 1678 and 1680 and edited by John Maynard. It is known as the Maynard edition. A facsimile reprint was done in 1979-1981 and again in 2007. The title varies. In our law library we have adapted the title given in Manual of Law Librarianship (2nd ed. 1987): Year Books or Reports in the following Reigns, 1 Edward II to 27 Henry VIII, with notes to Brook and Fitzherbert’s Abridgments. The Maynard edition has the case that I was looking for.

F.W. Maitland. Unknown(Life time: n.d.), Public domain, via Wikimedia Commons

There are difficulties associated with using the Year Books. First, they are written in law French. The language of the Year Books is actually more accurately described as Anglo-Norman. A person who knows modern French will not be able to read the Year Books. A second difficulty is the heavy use of abbreviations and contractions. A partial remedy for both difficulties will be found in such works as Manual of Law French by J.H. Baker (2nd edition 1990). In addition to an “Introduction to law French” and a “Bibliography of aids to interpretation”, there is an extensive glossary of law French terms translated into English, as well as a list of the more common abbreviations and contractions.

Another solution to the issue of the language of the Year Books is to use a translated edition. The Selden Society has produced a good number of carefully edited editions of the Year Books, with valuable introductions and with the law French and English translation on facing pages. For example, there is the Year Books of Edward II (1903), edited by probably the foremost legal historian of the Year Books, F.W. Maitland. In addition, there is an edition of Year Books known as the Rolls Series edition. This includes Year Books of the Reign of King Edward the First (published 1863-1879) and Year Books of the Reign of King Edward the Third (published 1883-1911), edited and translated by Horwood and Pike. These are available freely online in the Gallica database of the Bibliothèque Nationale de France, of all places. The links to the individual volumes are found in a research guide prepared by the Bodleian Law Library.

Hein Online has a collection called Selden Society Publications and the History of Early English Law. Although it is hard to tell, this collection appears to include all of the Selden Society publications, including the various volumes of the Year Books that appeared in the Selden Society Annual Series.

Screenshot of this webpage https://www.bu.edu/phpbin/lawyearbooks/search.php
Seipp’s Index

Also available freely online is a database titled Legal History: the Year Books. The subtitle is “An index and paraphrase of printed year book reports from medieval English legal history, 1268-1535.” The database is compiled by Professor David J. Seipp of Boston University School of Law, and is known popularly as Seipp’s Index. The database is based on the Maynard edition of the Year Books. The search screen allows searching by a number of criteria. The criterion that makes the most sense is to search by citation, i.e., term, regnal year, reign and plea number. Clicking on the “Seipp Number” in the search results brings up a substantial amount of information about the case in both English and law French, including a link to a pdf of the case in the reprint of the Maynard edition.

An excellent introduction is a short volume, The Year Books: Lectures Delivered in the University of London at the Request of the Faculty of Laws by W.C. Bolland (1921). It is available on HeinOnline and in Making of Modern Law.

Through the FCIL Lens: Peru, Sierra Leone, South Africa, Iran and Fiji

By Marcelo Rodríguez

Through the FCIL Lens is a series aiming to put the spotlight on several rapidly (d)evolving flashpoints throughout the world. As Foreign, Comparative and International law librarians, we are tasked with keeping abreast and having a general knowledge of what is currently going on in other parts of the world. This type of knowledge is crucial to all legal researchers, and in particular, comparative legal research. Besides research, this type of information can be relevant for pedagogy, collection development and outreach purposes. Specifically, this blog series intends to fill out a gap when it comes to following and understanding situations in countries and jurisdictions located in the Global South which does not get much media attention here in the United States. 

For this post I have chosen events that took place over the past two months, December 2022 and January 2023 in the following countries: Peru, Sierra Leone, South Africa, Iran and Fiji. As in previous posts, these summaries aim to be descriptive, introductory, and to provide a stepping stone for further comprehensive research. Each summary also includes at least three important authoritative secondary sources.

Upside Down Map
  • Relentless Social and Political Upheaval in Peru
  • Canaza-Choque, Franklin Américo. “The last day of president Martín Vizcarra, Peru 2020: Losing the crown and power in a turbulent end.” DIKÉ. Revista Peruana de Derecho y Ciencia Política 2.2 (2022): 1-16.
  • Chavez Linares, Carlo A. “A Case for Disastrous Party Politics in Peru.” Res Publica-Journal of Undergraduate Research 27.1 (2022): 9.
  • Sanchez-Sibony, Omar. Democracy without Parties in Peru: The Politics of Uncertainty and Decay. Springer Nature, 2022.
  • Sierra Leone’s New Landmark Pro-Women Rights Law
  • Archibald, S., & Richards, P. (2002). Converts to human rights? Popular debate about war and justice in rural central Sierra Leone. Africa, 72(3), 339-367.
  • Maclure, R., & Denov, M. (2009). Reconstruction versus transformation: Post-war education and the struggle for gender equity in Sierra Leone. International Journal of Educational Development, 29(6), 612-620.
  • Millar, G. (2015). “We have no voice for that”: Land rights, power, and gender in rural Sierra Leone. Journal of Human Rights, 14(4), 445-462.
  • South Africa’s Ramaphosa Impeachment Woes
  • Budhram, T. (2019). Political corruption and state capture in South Africa. In Political Corruption in Africa (pp. 155-174). Edward Elgar Publishing.
  • Onuoha, B. (2021). The Corruption conundrum of the Zuma Presidency. Journal for Studies in Humanities and Social Sciences, 10(1&2), 14-29.
  • Von Holdt, K. (2019). The political economy of corruption: elite-formation, factions and violence. Society, Work and Politics Institute Working Paper, 10.
  • Iranian Protests Persist Despite Executions
  • Filin, Nikita. “The green movement in Iran: 2009–2010.” Handbook of Revolutions in the 21st Century. Springer, Cham, 2022. 571-592.
  • Haghighi, Farzaneh. “Street protest and its representations: Urban dissidence in Iran.” The Routledge Handbook of Architecture, Urban Space and Politics, Volume I. Routledge, 2022. 361-378.
  • Wulf, Volker, et al. “The Personal is the Political: Internet filtering and Counter Appropriation in the Islamic Republic of Iran.” Computer Supported Cooperative Work (CSCW) (2022): 1-37.
  • New Prime Minister, Old Rivalries in Fiji

GlobaLex November/December 2022 Issue is Live

By Lucie Olejnikova

GlobaLex November/December 2022 issue is live featuring two new articles, both addressing the unique challenges posed by COVID-19, titled Contact Tracing and Right to Privacy: A Comparative Law Research in China and Singapore, and The Execution of the International Public Contract During the COVID-19 Pandemic: A Comparative Perspective; and six updates: Mauritania, Mozambique, Researching the Law of Latin America, Inter-American System of Human Rights, International Fisheries Law, and Researching the United Nations. Webmasters and content managers, please update your pages. We thank all our wonderful authors, new and established, for their excellent contributions and commitment to open access authorship!

UPDATE: Researching the Inter-American System of Human Rights by Francisco A. Avalos at https://www.nyulawglobal.org/globalex/Inter_American_Human_Rights1.html.

Francisco A. Avalos joined the James E. Rogers College of Law in 1982 as the Foreign and International Law Librarian. His area of expertise is Latin American legal research with an emphasis on Mexico. He has written extensively and made many presentations in this area of the law. Mr. Avalos has served as Secretary-Treasurer and Chairperson of the Foreign, Comparative, and International Law SIS of the American Association of Law Libraries and served on the Index to Foreign Legal Periodicals Advisory Committee. His current research interests include legal translation and the pre-Columbian legal systems of the Americas. The third edition of his book the “Mexican Legal System” been released. He updated his article on the legal citation for the 20th edition of the Blue Book. He just completed his most recent monograph titled the “Legal History of Mexico: The Discovery to the Present (William Hien Publications). Mr. Avalos retired in 2009 and now is the Librarian for the Kozochyk National Law Center.

UPDATE: An Introduction to International Fisheries Law Research by Abdullah Al Arif at https://www.nyulawglobal.org/globalex/International_Fisheries_Law1.html.

Abdullah Al Arif is an internationally experienced researcher specializing in ocean governance and the law of the sea. He completed a PhD in Law at Macquarie University (NSW, Australia) in 2019. Dr Arif is currently pursuing a postdoctoral research fellowship at Yokohama City University, Japan, funded by the Japan Society for the Promotion of Science (JSPS). He is the author of the monograph Sustainable Fisheries Management and International Law: Marine Fisheries in Bangladesh and the Bay of Bengal (Routledge, 2022).

UPDATE: Researching the United Nations: Finding the Organization’s Internal Resource Trails by Linda Tashbook at https://www.nyulawglobal.org/globalex/United_Nations_Research1.html.

Linda Tashbook is the Foreign International Comparative Law Librarian at the University of Pittsburgh School of Law’s Barco Law Library, a Fulbright Senior Specialist, and an attorney in private practice. Prior to becoming the foreign and international librarian, she was the Barco Law Library’s Electronic Services Librarian. Her book, Family Guide to Mental Illness and the Law (Oxford, 2019) won the 2020 Publication Award from the Academic Law Libraries Special Interest Section of the American Association of Law Libraries and the 2019 Reynolds and Flores Publication Award. Her Juris Doctor and Master of Library Science degrees are from the University of Pittsburgh. Her Bachelor of Science degree is from Texas Woman’s University.

Contact Tracing and Right to Privacy: A Comparative Law Research in China and Singapore Alex Zhang and Andrea Levan at https://www.nyulawglobal.org/globalex/Contact_Tracing_Privacy_Comparative_Research.html.

Alex Zhang is the Archibald C. and Frances Fulk Rufty Research Professor of Law, Associate Dean of Information Services, and Director of the J. Michael Goodson Law Library at the Duke University School of Law. Alex’s research interests include legal information and technology, law library management, knowledge management, open access to information, and Chinese law and research. Her articles have appeared in scholarly journals such as Legal Information Management, Law Library Journal, International Journal of Legal Information, and Chinese Journal of Comparative Law. She is a co-editor of Global Animal Law Research (Carolina Academic Press, 2022). Featuring 12 research experts specializing in the U.S., foreign, international, and comparative law research, Global Animal Law Research collects these experts’ perspectives, knowledge, and experiences researching various animal rights and welfare topics. Global Animal Law Research received the 2022 Reynolds & Flores Publication Award from the American Association of Law Libraries. Alex is also a country editor for Foreign Law Guide (Brill) and the chief editor for Legal Reference Services Quarterly (Taylor and Francis).

Andrea Levan graduated from Washington and Lee University in 2022 with double B.A.s in Chinese and Global Politics with a concentration in East Asia. Andrea has been researching with Professor Alex Zhang since November 2020, assisting in a few of Zhang’s projects including “Mapping Asian Legal Responses to COVID-19”. Andrea presented this research project alongside Professor Zhang at the 2022 Bridging the Spectrum Symposium hosted by the Catholic University of America. Andrea currently works as a Paralegal Specialist within the Antitrust Division of the U.S. Department of Justice in Washington D.C.

The Execution of the International Public Contract during the COVID-19 Pandemic: A Comparative Perspective by Mohamed Gomaa and Arushi Bhagotra at https://www.nyulawglobal.org/globalex/Public_Contract_COVID-19_Comparative_Perspective.html.

Mohamed Gomaa is a Pre-Trial Judge at the State Commissioner Authority at the Egyptian Council of State. He is an honorary board member of the CIArb YMG Global Steering Committee. and a Ph.D. researcher in Public International Law at Cairo University in Egypt. He has also served in a legal capacity at the Egyptian Russian State University and has had the privilege to speak as a guest panelist at prestigious law conferences around the world, which included the scientific symposium on “Digital Transformation and Data Security and Safety in Arab Courts” organized by the Arab Centre for Legal and Judicial Research, as well as an event for young researchers in arbitration law organized by Faculty of Law of Aix-en-Provence. Judge Gomaa holds master’s degrees in Law and Economics from the University of Hamburg in Germany, International Business Law from the University of Jean Moulin Lyon III in France, and Private and Public Law from Ain Shams University in Cairo, Egypt; a certificate of Contract Law from Harvard University; and a certificate of Arbitration of International Disputes from the University of Leiden in the Netherlands. Judge Gomaa is an author and a member of the editorial board for a book entitled l’actualité jurisprudentielle du Conseil d’État français, Dar-ElnahDa, Cairo, Egypt, and he has authored several articles on arbitration, human rights during the pandemic, health laws in India and South Asia, and administrative law.

Arushi Bhagotra is a penultimate-year law student pursuing her B.A./LL.B. (Hons.) degree at the National Law Institute University, Bhopal, India. She is focusing on Alternate Dispute Resolution and International Commercial Laws. She has been proactive in the field of ADR and has taken part in competitions throughout her law school tenure. She also has an interest in legal research and drafting. Arushi has around 20 publications to her name on a variety of legal topics, including international and domestic laws and how they apply in India.

UPDATE: Researching the Law of Latin America by Julienne E. Grant at https://www.nyulawglobal.org/globalex/Latin_America_Law_Research1.html.

Julienne E. Grant currently serves as Instructor & Reference Librarian at the Louis L. Biro Law Library at the University of Illinois Chicago School of Law. She previously spent almost eighteen years as the Foreign & International Research Specialist at the Loyola University Chicago School of Law. Ms. Grant has contributed to published guides on Mexican and Cuban law, and she recently co-authored a chapter (with Teresa M. Miguel-Stearns) in Latin American Collection Concepts: Essays on Libraries, Collaborations and New Approaches (McFarland, 2019). She is a member of the FCIL-SIS of the American Association of Law Libraries and has served as Chair of its Latin American Law Interest Group. Ms. Grant earned a B.A. magna cum laude in Spanish from Middlebury College, an M.A. in Ibero-American Studies from the University of Wisconsin-Madison, an M.A.L.S. from Rosary College (now Dominican University), and a J.D. cum laude from DePaul University. Ms. Grant also received a Certificate in Editing from the Graham School at the University of Chicago, and she is a freelance editor, writer, and translator.

UPDATE: Law and Legal Systems in Mauritania by Keli Vrindavan Devi Dasi at https://www.nyulawglobal.org/globalex/Mauritania1.html.

Miss Kevashinee Pillay (Keli Vrindavan Devi Dasi) holds a law degree (LL.B.) from the Howard College School of Law (University of Kwa Zulu Natal), Durban, South Africa (2006). She is also an attorney of the Republic of South Africa (Kwa Zulu Natal Law Society since 2009). She holds a master’s degree in human rights and democratization in Africa (LL.M.), from the Centre for Human Rights, University of Pretoria, South Africa, and Université Gaston Berger de Saint Louis in Senegal (2011). Further, she has worked at national, regional, and international organizations in the field of human rights and served as the senior researcher to the United Nations First Special Rapporteur on the situation of human rights in Eritrea (2013). At the commencement of her doctoral studies in 2014, at the Faculty of Law, Nelson Mandela University, Port Elizabeth, South Africa in partnership with the Institute for Coastal and Marine Research, Port Elizabeth, South Africa, and the Centre for Human Rights, University of Pretoria, South Africa [currently on hold], her research interests have included Climate Change and Sea Level Rise, Global South Approaches to Law of the Sea, Law of the Sea and Human Rights under International Law and Maritime Security in Africa.

UPDATE: Republic of Mozambique – Legal System and Research by Orquídea Massarongo-Jona and Isaura Ernesto Muhosse at https://www.nyulawglobal.org/globalex/Mozambique1.html.

Orquídea Massarongo-Jona is a practicing lawyer (business, oil and gas, and labour law) and a Senior Researcher at the Center for Human Rights (CDH). She is responsible for the Implementation of the Local Human Rights Master’s Program. Currently, she is completing a Ph.D. at Ghent University in Belgium. She graduated from Universidade Eduardo Mondlane (2002) and obtained an LL.M at University of Stellenbosch, Cape Town in South Africa where she was awarded a master’s degree in International Trade Law (2003). Her areas of research interest include international trade law (WTO); human rights law, in particular the African System; and health ethics and trade law related to human rights (business and human rights), with particular interest on issues relating to women and vulnerable populations. Currently, she is pursuing research in oil and gas law. She has been a Facilitator at Post Graduate Program on Human Rights at Human Rights Center (IGC) at the University of Coimbra, on the African Human Rights System, since 2016.

Isaura Ernesto Muhosse is a research assistant who holds a degree in law from the Eduardo Mondlane University (Faculty of Law) and a degree in Planning, Administration and School Management from the Pedagogical University (Maputo). She has been a staff member at the Eduardo Mondlane University Faculty of Law since 2001 and worked as an assistant academic register until 2013. She participated as an assistant researcher in the preparation of a paper on “Media Rights” in Mozambique in 2018/19; the compilation of the Human Rights instruments in 2020; and the draft law on Safeguards Measures in Mozambique in 2020.

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