Organizing and Participating in the “Open Access to Legal Knowledge in Africa” Workshop in Uganda

By Heather Casey

uganda2This past December, I had the privilege of traveling to Kampala, Uganda and assisting with a workshop on Open Access to legal knowledge in Africa. It was for law librarians in Anglophone Africa. The workshop was organized through the International Federation of Library Associations (IFLA), in cooperation with the International Association of Law Libraries (IALL). It was sponsored by IFLA, IALL, and HeinOnline.

I was one of several organizers – with me were Mark Engsberg (Emory University), Joe Hinger (St. John’s University), Caroline Ilako (Markerere University), Sonia Poulin (Alberta Law Libraries), and Bård Tuseth (University of Oslo). Over the course of several months, we worked to bring together a group of African law librarians that came from the following countries: Uganda, Ghana, Kenya, Cote d’Ivoire, Nigeria, Zimbabwe, Tanzania, and South Africa.

Our goals for the workshop were to empower participants to utilize the potential of open access legal sources in legal research. The workshop offered a method to build a network of law librarians across Africa in order to share knowledge and assist each other in solving practical legal research questions. Participation provided an overview of open access legal sources worldwide, the practical skills required to benefit from them, and an opportunity to establish contact with colleagues from different countries.

uganda1One essential component of the workshop was for every participant to give a presentation. Most were 5 minutes long and organizers spoke from 15 minutes to 45 minutes on various topics with Q&A sessions afterward. Our reasons behind having every participant give a presentation were several; first, it encouraged each participant to plan for the workshop and guaranteed active participation. Second, each participant shared information on the legal research environment in their jurisdiction, which allowed for other participants to learn more about jurisdictions outside their own. It also assisted with networking, as each presentation allowed participants to better acquaint themselves with one another. Getting up in front of their peers gave each participant a chance to exercise skills in public speaking that they may not have otherwise used over the course of the two-day workshop.

We also had three breakout sessions where participants were gathered into small groups to foster discussion. Organizers joined in at each group table to act as facilitators for the small group discussions. After 45 minutes to an hour of discussion, the entire workshop group would come together and people from each group would relay their group’s findings.

As organizers, we wanted to ensure that participants would continue to contribute to a network for African Law Librarians. To that end, we established several online forums after the workshop for participants and organizers to engage in virtual and practical collaboration with international colleagues. The forums included:

So far the email chain and WhatsApp groups have been very vibrant. Participants continue to reach out to one another to discuss resources and let one another know what is happening in their jurisdictions. The website has been good for exchanging slides from the workshop and members have discussed what they would like to further do with the website.

We are excited to see this group continue in its efforts to further the goals of the workshop and look forward to further collaboration with members of the workshop. The experience was unforgettable and one I personally was truly honored and humbled to take part in. It was also very enjoyable to visit Uganda and learn more about the vibrant culture there. I look forward to visiting again.

FCIL-SIS Jurisdictions Interest Groups To Meet On Sunday

FCIL-SIS invites all AALL conference attendees to join us for our Jurisdictions Interest Groups Joint Meeting this Sunday, from 12:30pm to 2:00pm, in the Hyatt-Water Tower Room.  The program will include substantive presentations from several of our interest groups, as well as 15 minutes at the end of the meeting for each group to discuss their plans for the coming year.

The agenda for the meeting is as follows:

SUNDAY July 17, 2016

12:30 PM – 2:00 PM

FCIL-SIS Jurisdictions IG Joint Meeting (Africa, Asia, Latin America, Europe, Indigenous Peoples, Customary & Religious Law, Roman Law) (Hyatt-Water Tower)

Meeting Topics:

  • Welcome and Intro (Susan Gualtier, Louisiana State University School of Law Library) – 5 minutes
  • European Law: Recent Developments in German Law Related to Asylum and Refugees: A Brief Overview for Law Librarians (Jennifer Alison, Harvard Law School Library) – 20 minutes
  • Latin America: Cuban Legal Research Guide (Julienne Grant, Loyola University Chicago Law Library, et al.) – 10 minutes
  • Africa: Updates of the Digitization Case Law Project from South Western Nigeria (Yemisi Dina, Osgood Hall Law School Library) – 20 minutes
  • Indigenous Peoples: Indigenous Peoples and DNA Testing: Friend or Foe? (Steven Perkins, Greenberg Traurig, LLP) – 20 minutes
  • Individual Interest Groups business meetings – 15 minutes

Everyone is welcome to attend the presentations and to check out our interest groups, so please spread the word to anyone interested in these areas of foreign law.  FCIL-SIS looks forward to seeing you there!

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CAFLL-WestPac Recap: BIT by BIT: Researching Chinese Bilateral Investment Treaties

By: Barbara Swatt Engstrom

China Africa News

Introduction:

Seattle University Law Professor Won Kidane is originally from Ethiopia and has a strong background in China-Africa investment relations.  In 2012, he published China-Africa Dispute Settlement: The Law, Culture and Economics of Arbitration, which evaluated existing mechanisms of dispute resolution in China-Africa economic relations.  In subsequent years, he focused on a particular institution for international investment dispute resolution: the International Centre for Settlement of Investment Disputes (ICSID).  In particular, he explored whether ICSID is an appropriate forum to handle the investment disputes stemming from an enormous increase in investment in Africa by China.  In analyzing the ICSID legitimacy debate, he created a framework to assess the suitability of ICSID arbitration for China–Africa investment dispute arbitration.  The outcome of this research project was his article: The China-Africa Factor in the Contemporary ICSID Legitimacy Debate.

As he was working on the project, Professor Kidane decided to delve more deeply into the bilateral treaties that provide the basis for the investment regime he was questioning.  He asked me to research and analyze all bilateral investment treaties (BITs) between China and African countries.

Background on Chinese BITs:

In order to do the analysis part of the project, I needed to get myself up to speed with BITs, generally, and Chinese BITs, in particular.  While BITs vary depending on the negotiating partners, countries use model BITs as starting points.  Historically, there are three generations of Chinese model BITs.  China’s first generation BITs (starting with its BIT with Sweden in 1982) are generally considered to be conservative.  They accord Most Favored Nation (MFN) status but not National Treatment (NT).  The availability of compensation for expropriation was recognized, but the legality of the expropriation was determined by local courts.  China’s second generation of BITs followed China’s accession to the ICSID convention in 1990.  In some of these BITs, the availability of investor access to ICSID arbitration was included but was often limited to the determination of the amount of compensation for expropriation.  The third and current model made both substantive and procedural changes. One of the most important substantive changes was the addition of National Treatment protection. The most important procedural change was unqualified access to international arbitration, including ICSID arbitration.

Research Strategies:

Once I had a very general understanding of Chinese BITs, I was able to much more effectively research and analyze the China Africa BITs for this project.  My main tips for researching BITs are as follows:

1) Start with the United Nations Conference on Trade and Development (UNCTAD) International Investment Agreements Navigator.  This database will give you a fairly comprehensive idea of what is generally available.  It has information on signatory and ratification dates and provides many full text treaties.

2) Use Target Countries’ International Trade Ministries. The English language page of China’s Ministry of Commerce (MOFCOM) has a database of Chinese BITs.  They had the full text of several BITs that were not available via the International Investment Agreements Navigator.

3) Use Print Materials for Older BITs. One of the very best English books for any project involving Chinese BITs is Gallagher and Shan’s Chinese Investment Treaties.  In addition to having great analysis, there are reprints of several BITs in the Appendix.  This was the only place to find the Seychelles –China BIT.  Another very useful print resource, especially for older BITs, is the looseleaf set: Investment, Promotion and Protection Treaties.  This is where I found the China-Mali BIT. Research guides can also be very helpful in pointing you to print sources, as can running searches in the Google Books database.

4) Advanced & Deep Web Searching. Searching Google for BITs can often lead to frustration for a couple of reasons: 1) A basic Google search only crawls the very top layers of websites.  It won’t find anything buried.  The solution is to go directly to the target website and use their search tool to go deeper. 2) BIT is a generic term.  Although the titles vary, BITs generally have the terms “promotion and protection of investments” in them somewhere. It will help if you have model treaty language that you can track.  I also like to use the site search in Google. The advance Google search: Tanzania promotion protection investment site:mofcom.gov.cn brought up the Tanzania-China BIT which was not available in the MOFCOM Bilateral Investment Treaty database.

5) Contact Experts. While attending the ASIL conference in Washington, D.C., I stopped by the Law Library of Congress and met with several of their country specialists.  One of the China specialists found the China-Sierra Leone BIT tucked away in the AsianLII database – a place it had not occurred to me to look.

Additional Resources:

Schedule of FCIL Events in Philadelphia

Blog Postcards 2015Hello FCIL-SIS!  Are you ready for Philly?  We at the publicity committee certainly are!  We have swag for the exhibit hall ready to go, and we’re looking forward to seeing all of our SIS friends again next week!

As we approach the 2015 AALL Annual Meeting in Philadelphia, we encourage you to keep an eye on the blog and to follow us on Twitter for coverage of FCIL-SIS programming both during and after the conferenceIf you are interested in covering any of the events listed below, please contact blog administrators Susan Gualtier (susan.gualtier@law.lsu.edu) or Loren Turner (lturner@law.ufl.edu).  Finally, remember to send us your original photos from the Philadelphia conference so that we can share them with our readers who were unable to attend!

FCIL-SIS EVENTS

2015 AALL ANNUAL MEETING, PHILADELPHIA

Saturday, July 18

9:30am – 4:45 pm

Researching the European Union (University of Pennsylvania Law School)

5:00 pm – 6:30 pm

Exhibit Hall Ribbon-Cutting/Opening Reception. Stop by the FCIL-SIS table!

Sunday, July 19

11:30 am – 12:45 pm

AALL/LexisNexis Call for Papers: Researching International Agreements other than Article II

Treaties (PCC-Room 104A)

FCIL-SIS Jurisdictions Interest Groups Joint Meeting (Marriott-Grand Ballroom Salon C)

1:00 pm – 2:00 pm

Cross-Border Disputes: Dissecting the International Investment Arbitration (PCC-Room

201BC)

4:00 pm – 5:00 pm

Designers’ Workshop: Subject Guides that Create the Effect You Want (PCC-Room 103BC)

5:15 pm – 6:00 pm

FCIL-SIS Foreign Selectors Interest Group (Marriott-Room 306)

6:00 pm – 7:00 pm

FCIL-SIS Internships and International Exchanges Committee (Marriott-Room 310)

FCIL-SIS Publicity Committee (Marriott-Room 308)

Monday, July 20

7:15 am – 8:30 am

FCIL-SIS Business Meeting and Breakfast (PCC-Room 110AB)

3:15 pm – 4:25 pm

FCIL-SIS Teaching Foreign and International Legal Research Interest Group (PCC-Room

112A)

4:00 pm – 4:30 pm

FCIL-SIS Schaffer Grant for Foreign Law Librarians Fundraising Committee (Marriott-

Conference Suite 2)

4:30 pm – 5:30 pm

FCIL-SIS Schaffer Grant for Foreign Law Librarians Recipient Presentation (Marriott-Grand

Ballroom Salon D)

5:45 pm – 6:45 pm

International Attendees Joint Reception (AALL/FCIL/IALL) (Marriott-Grand Ballroom Salon

IJ)

Tuesday, July 21

8:30 am – 9:30 am

Mighty MT: Enhancing the Value of Machine Translation Tools for FCIL Reference and

Collection Services (PCC-Room 103BC)

12:30 pm – 2:00 pm

LHRB/FCIL-SIS Roman Law Interest Group: Researching the Corpus Juris Civilis (PCC-Room

105A)

1:00 pm – 2:00 pm

FCIL-SIS Education Committee (Marriott-Grand Ballroom Salon B)

FCIL-SIS Electronic Research Interest Group (PCC-Room 104B)

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Schedule of FCIL Events in San Antonio

by Daniel Wade

FCIL-SIS EVENTS

2014 AALL ANNUAL MEETING, SAN ANTONIO

Sunday, July 13th

7:00 a.m. Subject Groups—Mariott Rivercenter-Salon C

  1. Customary and Religious Law Interest Group (CARLIG)
  2. European Law Interest Group
  3. Indigenous Law Interest Group
  4. Latin American Law Interest Group
  5. Strategic Planning Committee

7:15 a.m. African and Asian Law Interest Groups—Mariott Rivercenter-Conference 13

7:30 a.m. Translation Tools for the Law Librarian (Electronic Research Interest Group)—HBGCC-Room 206A

11:45 a.m. Global Law Resources Fair (Teaching FCIL Research Interest Group)—Mariott Riverwalk-Alamo Ballroom Salon D

5:30 p.m. Foreign Law Selectors Interest Group—HBGCC-Room 207A

Monday, July 14th

7:00 a.m. FCIL-SIS Outreach Groups—HBGCC-Room 207A:

  1. Internships and International Exchanges Committee
  2. Nominations Committee
  3. Newsletter Committee
  4. Publicity/Membership Committee
  5. Website Committee

7:45 a.m. FCIL-SIS Business Meeting—HBGCC-Room 207A

11:45 a.m. Executive Committee Presents: Envisioning the World’s International Criminal Law Library at the International Criminal Court—Mariott Riverwalk-Alamo-Ballroom Salon E

2:30 p. m. Hot Topic: Land Grabbing: Accessing Information to Protect Property Rights of Indigenous People—HBGCC Room 217D

5:30 p.m. International Attendees Joint Reception (AALL/FCIL/IALL) (sponsored by Bloomberg BNA, LexisNexis, Thomson Reuters & Wolters Kluwer Law & Business)—Mariott Rivercenter-Salon K

Tuesday, July 15th

7:15 a.m. FCIL-SIS Education Committee Meeting—HBGCC-Room 213B

7:15 a.m. FCIL-SIS Schaffer Grant for Foreign Law Librarians Fundraising and Selection Committee Meeting—HBGCC-213A

7:30 a.m. Coffee Talk “Beyond Your Boundaries: What Ancient Legal Systems Can Tell Us About Working Globally” (Roman Law Interest Group)—HBGCC-Parkview Concourse Level

8:30 a.m. Program E6: Mexican Law and Legal Research: Overcoming the Challenges—HBGCC-006AB

10:00 a.m. Social Event; discussion of The Crisis in Ukraine—meet in HBGCC-006AB

 

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