A Snapshot of Indonesian Law (and Indonesia) & the FCIL-SIS Throws a Party

By Julienne Grant

Rheny3Dr. Rheny Pulungan, recipient of the 2016 FCIL-SIS Schaffer Grant, gave a fascinating presentation on July 18 entitled “The Legal Landscape in Indonesia:  Limitations and Possibilities.”  This was actually Dr. Pulungan’s first time in the United States, and she admitted to being a little overwhelmed.  She was headed to NYC after her Chicago visit.

Dr Pulungan began her presentation with a quiz for audience members, “Fun Facts About Indonesia,” which tested us on our basic knowledge of the country, such as the number of islands (around 18,000);  population (about 250 million); and official religions (Islam, Hinduism, Buddhism, Protestantism, Catholicism, and Confucianism). Needless to say, the attendees were a bit stumped and surprised at the answers. The speaker also showed a slide of Indonesia embedded on a map of the United States, and many of us were astonished to see what a large geographic area the country spans.

Indonesia’s legal system is complex, with civil law attributes resulting from the archipelago’s time under Dutch rule.  One region, Aceh, applies Shariah law. Since 1945, Dr. Pulungan explained, Indonesia has been creating its own laws. Starting in the 1970s, efforts began to create a national legal information center that would make Indonesian laws more accessible, and beginning in 2004, laws and court opinions have been regularly posted on Indonesian government websites.

The speaker next turned to Indonesia’s judicial system. At the trial level are 250 district courts, appellate level high courts number 30, and the Indonesian Supreme Court is a court of cassation. There are also specialized courts, including religious courts and military courts, as well as a constitutional court.  The Supreme Court has a website where its decisions are posted, although none are translated into English. Dr. Pulungan described the search functionality of the site as being mediocre and indicated that the Supreme Court does publish a small number of its decisions in print.  In 2012, as part of USAID’s Changes for Justice Project, an electronic case tracking system (SIPP) was established that was designed to promote judicial transparency.  According to the speaker, it is possible to search by case number or party name to locate information.  Dr. Pulungan also noted that court decisions at all levels must be uploaded within three days of rendering.

Decisions of the Constitutional Court (established in 2001) are translated into English and available on the Court’s website.  The Constitutional Court is not an appellate court and its authority is vested in the third amendment to Indonesia’s Constitution.  The Court’s database can be searched by multiple variables, including case number, case name, applicant names, and keywords.  The Constitutional Court’s role is “The Guardian of the Constitution.”

According to Dr. Pulungan, Indonesian legislation is relatively easy to find online, but locating official English translations can be difficult. There are several databases of note that contain Indonesian legislation: the State Secretariat Database (updated daily); Lexadin; some UN agency websites (such as UNODC); and Hukum.  Hukum is the only commercial database available for Indonesian law in both English and Indonesian.

The speaker next turned to secondary sources.  She recommended Cornell University’s “Southeast Asia Program” website and a quarterly publication called Inside Indonesia. She also mentioned the English-language law journal, Indonesia Law Review , which is open access, and the Australian Journal of Asian Law that is hosted on SSRN. The Jakarta Post covers legal news and developments, and Dr. Pulungan also noted the “Indonesia at Melbourne” blog and the website of the University of Melbourne’s Centre for Indonesian Law, Islam and Society.

The speaker closed her talk by emphasizing that translating Indonesian legal materials into English is inherently difficult.  She provided an example of a phrase in Indonesian translated into English by Google Translate as “hiking education,” while a UNESCO document translated it as “educational streaming.” She advised attendees to search for more than one English translation. Dr. Pulungan has created a LibGuide on Indonesian law and told audience members that she was available via email for assistance.

A question from the audience was raised about religious courts, which she explained are unique and preside over family law matters. As an aside, the speaker mentioned that Indonesian couples who marry must be of the same faith; Dr. Pulungan’s husband is Australian, and he had to convert to Islam for a day in order for the marriage to be legal in Indonesia.  Another attendee asked whether any Indonesian court decisions are precedential. There is no precedent, she said, but Supreme Court decisions include practice notes that can influence lower courts.

ReceptionAfter Dr. Pulungan’s excellent talk,[1] audience members headed to the FCIL-SIS reception for foreign visitors.  The reception was well attended, and I enjoyed chatting with FCIL colleagues there. Keith Ann Stiverson, 2015-2016 AALL President, welcomed the guests and announced the numbers of foreign attendees:  27 from Canada, 17 from the UK, 2 from Australia, 1 from Hong Kong, 1 from Ireland, 2 from South Korea, and 1 from Switzerland.  Ms. Stiverson’s remarks were followed by a few words from IALL President Jeroen Vervliet (Peace Palace Library). Mr. Vervliet related his adventures in Hyde Park at the University of Chicago’s Oriental Institute and Frank Lloyd Wright’s Robie House. He also announced that the International Journal of Legal Information has a new publisher (Cambridge) and a new look. Mr. Vervliet presented a copy of the new issue to editor Mark Engsberg (Emory U) who had not yet seen it. Overall, it was a great party, although I admit I could have used a few more coconut shrimp.

 

[1] I will also add that Dr. Pulungan made a fashion statement with her dress constructed with fabric covered with images of books. Loved it.

 

07/17/2016 Summary and a Word about DuSable

By Julienne Grant

I was walking home from the Hyatt after the conference ended and an AALL member stopped me on Michigan Ave. to tell me how much she loved Chicago. That made my day.  I sent colleagues all over the city during the conference—to the Chicago History Museum, Wicker Park, Old Town, the CAF boat tour dock, the West Loop, and to Eataly (they owe me a huge cut). Throughout all of this, I was supposed to be writing up reports of various programs/meetings, and I got a little behind.  The following are short summaries of several events from Sunday, July 17:

Latino Caucus:  My DePaul law school classmate, Matt Katz, gave a compelling and provocative presentation that focused on the precarious and truly abominable state of immigration law in this country, providing specific case examples from his firm (Katz Law).  Mateo also berated the increasing trend of prison privatization in the U.S., mentioning a 2013 article in The Guardian, “America’s Private Prison System is a National Disgrace.” To drive his points home, Matt drew upon a wide range of authors, including French philosopher Michel Foucault.  Matt distributed copies of a piece he recently penned, “Como Indocumentado, Que Debo Saber y Hacer en la Era del Trump y la Negación de DAPA por La Corte Suprema?” (As an undocumented immigrant, what should I know and do in the era of Trump and the Supreme Court’s rejection of DAPA?).

After Mateo’s talk, the Latino Caucus began its business meeting, led by Chair Marisol Florén-Romero (Florida International U). The Caucus discussed a number of proposed projects, including one called “Latino Voices.” The goal of this initiative would be to compile information on selected members of the Hispanic legal community, including law librarians.  These personal profiles would be featured on the Caucus’ web page.

MattKatz3

Matt Katz

Asian Legal Information in English: Availability, Accessibility, and Quality Control:   This was a very interesting and useful program; kudos to all the presenters who covered China (Alex Zhang, U of Michigan), Hong Kong/Macao (Anne Mostad-Jensen, U of North Dakota), South Korea (Juice Lee, Northeastern), and Japan (Mike McArthur, U of Michigan). The presenters did an excellent job of explaining the complexities involved in translating the law from these jurisdictions and the inherent pitfalls of English-language translations. Free websites and commercial databases were presented, and in some instances demoed live.  Juice Lee’s PowerPoint slides are posted on AALL’s website.

Foreign Law Selectors Interest Group:  The meeting drew about 30 attendees, and was led by Marci Hoffman (UC Berkeley).  Schaffer Grant recipient Rheny Pulungan of the University of Melbourne’s Law School Library offered a brief overview of her library’s print and electronic resources, which she described in more detail during her presentation on Monday, July 18 (summary forthcoming). Representatives from the Law Library of Congress, Yale, Harvard, NEFLLCG, and LLMC Digital provided updates. The LA Law Library was not represented, as Neel Agrawal has left his position there. Marci also brought the group up to date on recent developments related to the Foreign Law Guide (FLG) and Index to Foreign Legal Periodicals (IFLP). Regarding the former, there are newly-updated entries for Azerbaijan, China, France, Japan, and Mexico.  Updates for Germany, South Korea, and Switzerland have been completed and will be loaded soon; revisions for Argentina, Chile, Italy, and Spain are in the works. She also indicated that the IFLP will soon have a multilingual subject thesaurus and that the database will be adding 10 new Japanese journals.  Marci will post the full minutes of the meeting on the Foreign Law Selectors Interest Group web page.

 

Rheny

Rheny Pulangan

 

Before closing, I want to say just a bit about the convention center’s DuSable room, which apparently piqued the interest of a few FCIL-SIS members. I’m quite sure the room is named for Jean Baptiste Point DuSable who is known as the founder of Chicago. DuSable was purportedly a Haitian of African and French descent who established the first permanent settlement here in the 1780s. Next time you’re in town, check out the DuSable Museum of African American History in Chicago’s Hyde Park neighborhood.

 

 

 

Recap: Asian Legal Information in English: Availability, Accessibility, and Quality Control

By Amy Flick

Because I frequently need to help students find primary authority of other countries, yet have no hope of finding materials published in Chinese, Korean, or Japanese, I was pleased to see a program on Asian Legal Information in English in the AALL Annual Meeting program. I was even more pleased to find the program interesting, useful, and supplemented with handouts.

Alex ZhangAlex Zhang was the coordinator, moderator, and introductory speaker. She started by stressing the importance of good, reliable translations, but noted that even “official” translations by government entities are still for informational purposes only. In presenting the portion of the program on finding primary law of China, she included:

  • The official site NPC (National People’s Congress) Database of Laws and Regulations. The search box is unreliable, so Alex recommended browsing by category, requiring some knowledge of the structure of Chinese law to find the appropriate category. She cautioned that the laws retrieved may not include the dates of coverage, making it unclear for the user if they have the most current version.
  • State Council Laws & Regulations
  • Commercial sources including Lawinfochina, Westlaw China, and Lexis China, all comparable, and expensive, but Alex is most familiar with Lawinfochina. She recommends it for comprehensive coverage and inclusion of the most recent laws, and for a citator link to amendments to laws.
  • Although case law is not considered primary authority in China, a Stanford Law School project is translating Chinese Guiding Cases.

Alex wrapped up by noting that good translation is hard: “the question in legal translation isn’t which one is right, but which one is less wrong.” She suggests comparing and contrasting multiple translations and asking experts for help.

 

Anne Cathrine Mostad-JensenAnne Mostad-Jensen presented on law of Hong Kong and Macau. For these jurisdictions, she stressed that it is particularly important to understand their histories. Because of Hong Kong’s history as a British colony, it has a hybrid system of common and civil law, and English is one of its official languages for legal publication. Sources for Hong Kong legal information in English include:

Macao as a former Portuguese colony has a civil law system. English translation is available for only select legislation and some indexes, not for caselaw, and the translations are not official. Sources include:

 

Juice LeeJootaek “Juice” Lee demonstrated resources on law of the Republic of Korea in English. Although South Korea has a civil law system, it has been influenced by U.S. common law. English translations are not official, but English is widely used, and there are English language versions of most government websites. However, terminology can be an issue because of differences in civil and common law. Most primary sources are available in English, and government publishers try to provide accurate translations. Juice warned that Korean law changes rapidly, and English translations may not keep up. There are also issues with understanding the differences between public, private, and social law. He recommended sources including:

 

Mike McArthurMike McArthur had the final presentation in the program on finding Japanese law in English. Japanese efforts to be more international led to a 2004 Japanese law requiring translation of Japanese laws. Laws are first made available in tentative translation before an “official” version is available. Of course, translations are still unofficial. Mike warned that the Japanese calendar has a different date system, so he provided a “cheat sheet” for Japanese dates.  Sources for Japanese law in English include:

  • The Ministry of Justice’s Japanese Law Translation The database of laws and regulations is searchable with multiple options (title, number, category), and it has a dictionary for finding Japanese legal terms.
  • The Supreme Court of Japan. Although Japan has a civil law system, Supreme Court decisions are relevant, and some are translated into English.
  • An additional resource for Japanese legal research is ministry reports and white papers, which are translated into English, and which include detailed statistics.

Mike reminded the audience, as did the other speakers, that a legal researcher working with foreign languages and translations can get in over their head quickly, and that they should reach out to a specialist for help.

 

All of the presentations in the program were outstanding, and I appreciate the hard work by the speakers in putting them together!

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!

people-holding-hands-around-the-world-md

It’s Time For Chicago!

Registration is now open for the 2016 AALL Annual Meeting and Conference in Chicago!  In addition to member-discounted pricing, deeply discounted registration rates are available for students and retirees. Nonmember conference registration packages also include a complimentary one-year AALL membership – by joining us in Chicago, you’ll be joining AALL as well!

The FCIL-SIS looks forward to welcoming all attendees to its 2016 Schaffer Grant for Foreign Law Librarians presentation, which will take place on Monday, July 18, from 4:30 p.m. until 5:30 p.m., in Hyatt-Columbus GH. This year’s recipient, Ms. Rheny Pulungan, is Liaison Support Librarian at the University of Melbourne’s Law School Library. As Liaison Support Librarian, she supplies reference services, teaches legal research workshops, and completes collection development projects. Ms. Pulungan holds a Ph.D and Masters degree in International Law from the University of Melbourne, and a Master of Information Studies in Librarianship from the University of Canberra. Previously, Ms. Pulungan received her Bachelor of Laws from Gadjah Mada University in Indonesia, and served as Law Faculty Lecturer at Bengkulu University, where she specialized in international law. Ms. Pulungan’s experience in both Indonesian and Australian law, as well as law librarianship, will be reflected in her presentation, which will treat comparatively access to legal information in both countries.

In addition to the Schaffer Grant presentation on July 18, the AALL Conference will feature the following FCIL-related programming:

Sunday, July 17th

4:00 p.m. – Asian Legal Information in English: Availability, Accessibility, and Quality Control

Tuesday, July 19

8:30 a.m. – Roman Law, Roman Order, and Restatements

11:00 a.m. – Vanishing Online? Legal and Policy Implications for Libraries of the EU’s “Right to be Forgotten”

The FCIL-SIS is also working with the American Society of International Law to co-sponsor a pre-conference workshop to be held on Saturday, July 16 at 9:30 a.m. ($50 additional registration fee applies.)  The workshop, which is entitled Two Sides to the United Nations: Working with Public and Private International Law at the UN, is designed to equip all law librarians with foundational knowledge of the United Nations and CISG (both of which have recent significant changes to their online databases), and to increase their fluency with the major U.N. and CISG documents, information, research resources, and strategies.

If you are presenting on an FCIL-related topic in Chicago and would like your program to be featured on DipLawMatic Dialogues, or if you are interested in blogging about the conference programs listed above, please contact blog administrators Susan Gualtier (susan.gualtier@law.lsu.edu) or Loren Turner (lturner@law.ufl.edu). We look forward to seeing you in Chicago this summer!

chicago-1363029814bzq

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:

CAFLL-WestPac Recap: Continuing Education for Law Librarians and Demand-Driven Service Innovation in China

By Alex X. Zhang

CAFLLThis blog post highlights a panel discussion on two major and long-standing issues: continuing education for law librarians and demand-driven service innovation in law libraries. Both issues are important and deserve close attention in the law librarianship and legal information field. Michael Chiorazzi, Dean and Professor of Law at the Daniel Cracchiolo Law Library, University of Arizona Rogers College of Law, shared his insights on continuing education for law librarians. More specifically, he critiqued major formats and platforms that deliver continuing education content to users such as webinars, continuing education classes through colleges, workshops, networking events, etc. He emphasized the value of individual scholarship in continuing education and advocated for more sabbaticals for law librarians, claiming “they refresh and invigorate one’s enthusiasm for the profession.” He also shared his experience with managing the Law Library Fellowship program offered through the University of Arizona’s School of Information and experience teaching undergraduates legal research classes at the University of Arizona, which is the only law school in the United States that offers an undergraduate law degree. Continuing education is important in all professions and, needless to say, is necessary and essential for law librarians. Unfortunately, there has not been much discussion on what works and what does not work for the law librarians. Dean Chiorazzi’s talk challenged us to think more in depth of the topic, or in his own words, “how do we know what we need to know?”

Dr. Liu Ming, Associate Director of the Law Library of Renmin University of China, tackled an equally important problem in the law librarianship field, which is demand-driven service innovation in China. Dr. Liu Ming took a new angle and introduced us a new perspective looking at the issue that has otherwise been extensively discussed. She employed KANO theory to examine the user demands in Chinese Law Libraries and how Law Libraries in China have tried to meet user needs in three different levels. The KANO model was first introduced by Professor Noriaki Kano of Tokyo Rika University. The model was based on the valid assumption that customer needs are constantly changing and the question becomes how to meet patron’s ever-changing demands. Dr. Liu summarized demands of Chinese law library patrons under three levels: basic needs, performance and excitement demands. She argued that currently, most Chinese academic law libraries meet the basic needs of library patron, but need to further enhance the user satisfaction and promote the law libraries’ status as a legal information center as opposed to a place to collect and house books.

AALL 2015 Recap: FCIL Book Group – A Reading and Discussion of Bill Hayton, The South China Sea: The Struggle for Power in Asia (New Haven: Yale University Press, 2014). xviii, 298 pages.

By Marylin Raisch

south china seaFor the second consecutive year, one of our most engaging and inspiring FCIL colleagues, Dan Wade, suggested that a group of SIS members get together informally to read and then discuss a book relevant to our field of librarianship, international law. He put forward the title above and several of us joined in on the read and discovered that doughnuts, coffee and other perks awaited us in our efforts. Hard work this, am I right? In any case, Dan put forward The South China Sea: The Struggle for Power in Asia, a “hot topic” book, as confirmed by the appearance just days before our meeting of an ASIL Insight essay: J. Ashley Roach, China’s Shifting Sands in the Spratlys, ASIL Insights (July 15, 2015), http://www.asil.org/insights/volume/19/issue/15/chinas-shifting-sands-spratlys.

On Tuesday, July 21, 2015 at 9:30 a.m., the group met at the at the Philadelphia Convention Center and embarked on a lively discussion, provoked by several of us remarking on the journalistic style of the book, in contrast to the monographs many of us buy, use, and recommend to students for research. Dan asked us what we thought of this approach. Responses were mixed; the clear and simpler style kept many of us more engaged with the recitals of colonial and post-colonial history that were crucial to understanding the nature of this international dispute. The narrative and maps presented effectively a narrative about tiny islands, coral and guano, that dot the “South China Sea.” (These quotations started to seem necessary after reading that this area of the sea goes by other names depending upon whether one’s perspective is Philippine, Vietnamese, etc.). After guano was harvested, rumors in more recent times have arisen to the effect that more valuable resources lie beneath some of the islands: oil and/or natural gas. So far, no discoveries have confirmed this.

South China Sea attendeesMany of us are familiar with the classical international law views of the sea as well as the more recent regime, made formal after the Second World War, articulated in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). One of our participants observed that the rumored oil and gas would likely fall within national boundaries and not in the disputed areas, given that the Exclusive Economic Zone (EEZ), an area not more than 200 nautical miles from a country’s coastal baseline (UNCLOS, art. 57). The 12-mile limit of a territorial sea is therefore much smaller and part of the sovereign territory. Our author described in detail the efforts of competing jurisdictions to build up tiny islands, install airstrips and the like, asserting evidence of control. Author Bill Hayton contrasted the “freedom of the seas” championed by Grotius in the 17th century with the more restrictive view of his contemporary John Selden, who believed some measure of restriction and control may be exercised by a coastal state. The compromise reflected in UNCLOS was put into an interesting light by Hayton, who describes a “mandala” view of power among southeast Asians at the beginning of the 19th century that contrasted with Europeans. A ruler’s power in their view diminished as one moved away from the center of a kingdom near the sovereign. The Westphalian view has been that rulers have the same degree of power throughout a territory and its limit is the boundary (Hayton, 46). Hayton seems to suggest that the western view is now one source of the tension and counterclaims in the South China Sea.

bagelAnother important question one of us posed to the group was to ask, what are the real current disputes and the role played by the hypothetical value of the resources there? The assertion of sovereignty by China PRC is the principal one of concern to the United States, even though claims and concerns have been asserted, over time, by Vietnam, the Philippines, and Taiwan. It was noted in our group that it was very unfortunate that this territorial dispute had become so fraught within China-U.S. relations. Just as in the days of Selden and Grotius, sovereignty disputes sometimes serve to promote social cohesion, and the audience for the dispute (from a government’s perspective) may be an internal one as well. In military terms, any future success in asserting control of the South China Sea by China could prevent mobilization of the U.S. military in the area. Closing the sea in that way to U.S. maneuvers could be a game-changer, since only trade and marine exploration are protected in the EEZ (Article 56 (1) (b), UNCLOS), although this is precisely where ambiguity has arisen. Participant John Wilson contributed his knowledge of some theories of international relations as well, and this enhanced our perspective on the issues as did Gabriela Femenia’s work with a faculty member who studies this dispute.

This group book discussion would make a great annual meeting activity going forward, and thanks from all to Dan Wade for once again inaugurating what may become a deeply valued tradition. Thanks to Gabriela, our Philly local, who thought globally but acted locally to bring us the super-special, amazing doughnuts from Federal Donuts with flavors like red velvet cake, curry (saw this one on the web site) and more. This is one international debate that ended with lots of sugar and smiles! The duty may fall to Lyo to find us doughnuts like this in Chicago. No pressure…. see you next year!

south china sea with donut

AALL 2015 Recap: Chinese Legal Information: Availability, Accessibility and Quality Control

By Alex Zhang and Anne Mostad-Jensen

NewAALLClogoSmallHave you ever been tasked with finding an English translation of a recently enacted ordinance in Hong Kong when all of your colleagues in the Hong Kong office on the other side of the world are asleep in their beds? Have you been asked to help a member of the law journal reverse engineer and decipher an esoteric citation to a Chinese regulation that has been translated into English? Have you ever been asked by your favorite law professor to figure out whether the State Council of the People’s Republic of China has translated its open government information regulation into English?

The Asian American Law Librarians Caucus (AALLC) program on Chinese legal information, held on Monday, July 20 from 4:30pm to 5:30pm, was designed to help you to handle these problems and others like them that you may have already encountered or will likely encounter in the future. Alex Zhang, from the University of Michigan Law Library, and Anne Mostad-Jensen, from the University of North Dakota Law Library, explored some of the most practical yet important issues related to English translations of Chinese primary legal materials, such as availability, accessibility and quality control.

Before using any English translation of primary legal materials of any jurisdiction, it is important to understand and fully appreciate the characteristics of the legal system and infrastructure. The Chinese legal system is a mixed legal system composed of the socialist civil law system of Mainland China, the common law system of Hong Kong Special Administrative Region (HKSAR), and the civil law system of Macao Special Administrative Region (Macao SAR). Each section has its own official language that directly impacts the authority and availability of English translations of primary legal materials. For example, in Mainland China, the official language is Mandarin Chinese nationwide. As a result, English translations, regardless of its issuing organ, are only for informational purposes. On the other hand, English and Chinese are both official languages of HKSAR and therefore, English and Chinese versions of primary legal materials issued by the official governmental entity are considered equally authoritative. Macao SAR is unique in the sense that Chinese and Portuguese are both considered as official languages. Consequently, English translations are of informational purposes only.

The different legal systems and framework also impact the availability and accessibility of English translations of primary legal materials in all three jurisdictions. With English as one of the official languages, English versions of primary legal materials of Hong Kong SAR are the most accessible among the three jurisdictions. Legislation in both English and Chinese is available through HKSAR Department of Justice Bilingual Laws Information System. The website also provides glossaries of legal terms prepared by the Law Drafting Division of the Department of Justice. Similarly, Hong Kong Judiciary’s Legal Reference System provides the full text of court decisions in English.[1]

The PRC government is making progress toward making its laws available in English. Both the National People’s Congress and the State Council have been publishing English translations of selective laws and regulations since the late 1970s. Furthermore, both branches have made laws and regulations in English available online. For example, the National People’s Congress launched the online database Laws and Regulations in English in 2006. Its Chinese Law database also provides English translations of certain laws and regulations when available. Commercial vendors, such as Chinalawinfo, Westlaw China and Lexis China all provide extensive English translations of primary legal materials from Mainland China.

Users may have the least luck when it comes to finding English translations of Macao laws and regulations. Both Chinese and Portuguese versions of the laws and regulations of Macao are readily available at the Macao SAR Legislative Assembly website, but English versions are not included on the website. The Government Printing Bureau of Macao does make English translations of certain major codes available at its official website, including both the Commercial Code and the Industrial Property Code.

On the other hand, making translations available does not necessarily indicate the quality of the translations. Translation is hard. Legal translation is even harder. Deborah Cao claims “the sources of legal translation difficulty include the systematic differences in law, linguistic differences and cultural differences.”[2] Olga Burukina argues that legal translators are constantly challenged with “time and quality issues as well as a number of contradictions” related to time, systems, terminology, meaning, etc.[3]

Relying on a misleading translation is worse than not relying on a translation at all. Therefore, both presenters spent time discussing issues and concerns with the quality of the currently available English translations of all three jurisdictions. The presenters provided concrete examples of some of the major concerns, such as inconsistency, lack of officially issued bilingual legal terminologies for Mainland China and Macao SAR, and omissions and additions of words from the version in the source language. At the end of the presentation, presenters also shared tips and strategies for using English translations of Chinese primary legal materials with the audience. If you would like to receive a copy of the presentation materials by email, please feel free to contact Alex Zhang (zxm@umich.edu) or Anne Mostad-Jensen (anne.mostadjensen@law.und.edu).

[1] HKSAR judicial decisions are issued either in Chinese or in English, with a majority of cases still issued in English. Judicial decisions of jurisprudential value originally issued in Chinese are translated and made available in English as well. See http://legalref.judiciary.gov.hk/lrs/common/ju/tjpv.jsp.

[2] Deborah Cao, Translating Law 23 (Multilingual Matters, 2007).

[3] Olga Burukina, The Legal Translator’s Competence, 5 Contemporary Readings in Law and Social Justice 809, 810–812 (2013).

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)

Philadelphia_skyline_sunset