Frontpage

Leg

al R

esea

rch

an

d O

nli

ne

Res

ou

rces

Training Workshop on Strengthening Legal Research and Writing Skills in the Area of

International Trade Law

(TW 363E)Pretoria, South Africa

August 13-16, 2007

1st Module Techniques of Legal Research

Stefano MastrociccoLibrary Assistant

Strategiesof

Legal Research:The Cartwheel

Approach

Topics of Legal Research

Foreign Jurisdictions

International Trade Law

WTO DisputeSettlement System

Strategiesof

Legal Research:The Cartwheel

Approach

Strategies of Legal Research

Foreign Jurisdictions

International Trade Law

WTO DisputeSettlement System

“Cartwheel ” Approach

Developed by Professor William P. Statsky.

Aims to identify the number of terms associated to a given research problem to improve the overall perception of the issues involved.

Case Study: PollutionThe Cartwheel Approach by William P. Statsky

“Cartwheel ” Approach

Legal Thesauri identify terms and relationships exisiting among them:

Printed:• West’s Legal Thesaurus/Dictionary by

William Statsky (West/Wadsworth)• Legal Terminology by Gordon W. Brown

• Online:GLIN Thesaurus

Strategiesof

Legal Research:The Cartwheel

Approach

Foreign jurisdictions

Foreign Jurisdictions

International Trade Law

WTO DisputeSettlement System

Legal systems of the worldUniversity of Ottawa

Brief introduction to legal resources on line. Information services, and academic websites

Legal Systems of Civil Law

Derive from Roman Law, and more specifically, the Corpus Juris Civilis (Emperor Justinian ca. 529AD).

Legislation is the primary source of law. Courts base their judgments on the provisions of codes and statutes, from which solutions in particular cases are to be derived.

• Courts reason extensively on the basis of general legal rules and principles (often drawing analogies from statutory provisions to fill lacunae and to achieve coherence).

Legal Systems of Common Law

Originally developed in England during the 12th and 13th centuries.

• Cases are the primary source of law. The law is created and modified by courts, on a case-by-case basis. The principle of stare decisis (binding precedent) is a cornerstone of common law jurisdictions.

Online Gateways • WashLaw Web

School of Law of Washburn University (Topeka, KS, USA).

• Lexadin The world law guide. More than 30.000 links to legal sites in more than 160 countries.

• Global Legal Information Network (GLIN)Laws, regulations and judicial decisions - Law Library of Congress.

• Law Library of Congress – Legal guidesGuides of legal resources by countries - Law Library of Congress.

• Federal Research Division – Library of CongressHistorical, social, political and economic information on countries worldwide.

Washlaw

Lexadin

WGLIN

Law Library of Congress

FRD – Library of Congress Country Studies

Contains full-text and summary databases.Full text is available for UK legislation and EU legislation and case law. Recent issues of UK law journals. Comprehensive information on other jurisdiction also included.

http://www.westlaw.co.uk/

Online Information Services

Contains full-text cases, legislation and articles. In particular, cases from the United Kingdom and the European Union, the collection of UK legislation and a range of regional and national newspapers (the Times, Guardian, Herald and Independent, etc.).http://web.lexis-nexis.com/professional/athens/

Lexis Nexis Professional

On-line Information Services

Contains full-text and summary databases.Full text is available for UK legislation and EU legislation and case law. Recent issues of UK law journals. Comprehensive information on other jurisdiction also included.

http://www.westlaw.co.uk/

Strategiesof

Legal Research:The Cartwheel

Approach

International Trade Law

Foreign Jurisdictions

International Trade Law

WTO DisputeSettlement System

International Trade Law

International trade law is a very complex and an ever expanding area. There are basically four levels of international trade relationships: *

Unilateral instruments (national laws) Bi-lateral agreementsPlurilateral agreementsMultilateral arrangements (GATT/WTO)

*John Wolff International and Comparative Law Library at the Georgetown University Law Center

International Trade LawMain Sources

Public international law governs relationships between national governments and intergovernmental organizations.

– WTO is the only international body dealing with rules of trade between nations.

– Rules on private law commercial relationships involving different countries.

– Conventions, model laws, legal guides adopted by international organizations (UNCITRAL, UNIDROIT, UNCTAD) and the Hague Conventions on Private International Law related to contracts, recognition of judgments, commercial arbitration and sales of goods.

International organizations and institutions involved in international trade and international economic law:

World Trade Organization United Nations Conference on Trade and Development (UNCTAD) International Trade CentreUnited Nations Commission on International Trade Law (UNCITRAL) World Bank International Monetary Fund International Chamber of Commerce APEC MERCOSUR ANDEAN CommunityASEAN

International Trade Law

• International sale of goodsContract draftingAgency arrangementsExclusive sale arrangements

• Negotiable instruments and banker’s commercial credits

• Business activities pertaining to international trade

• Insurance

• TransportationCarriage of goods by sea, air, road and rail, inland waterways

• Industrial properties and copyright

• Commercial arbitration

Examples of International Trade Law topics:

Strategiesof

Legal Research:The Cartwheel

Approach

WTO Dispute Settlement System

Foreign Jurisdictions

International Trade Law:

WTO

WTO DisputeSettlement System

WTO Dispute Settlement System

In 1994 almost all governments of the world set up new procedures to resolve trade disputes among them by mutual agreement backed by international law and legal sanctions.

Unlike business deals where each side usually seeks an advantage over the other in price, a trade deal to open markets and mantain fair regulation and competition works because it creates winners on both sides.

Purpose of the Dispute Settlement System (DSS) of the WTO is to help governments find the balance between helping firms and consumers in their own economies and ensuring that this support doesn’t reduce the gains from trade to economy as a whole.

WTO Dispute Settlement System

A WTO dispute starts when a Member informs the WTO Secretariat with a Notification that the actions, regulations or policies of another Member are damaging it and in contrast with the provisions of one or more of the WTO Agreements.

Consultations, confidential talks between the parties to the dispute, are normally held in Geneva. They can lead to a ruling on the dispute by the Dispute Settlement Board (DSB) of the WTO, unless the countries concerned reach an agreement.

A process of Conciliation is also available at the time of the consultation through the good offices of the Director General of WTO.

WTO Dispute Settlement SystemThe Dispute Settlement Board (DSB) is involved when Members cannot agree on the solution of the dispute.

The DSB establishes a Panel of three experts to assess the facts in light of the provisions of the Agreements. It makes recommendations for the decision of the DSB and suggests measures that should be taken to put the situation right.

The Parties to the dispute may ask the Appellate Body to review the Report and recommendations of the Panel.

The DSB makes the final decision, normally adopting the recommendations of the Panel and the Appellate Body.

wto.org

worldtradelaw.net

Other websitesBritish and Irish Legal Information Institute

www.bailii.org

Court Service Judgmentshttp://www.hmcourts-service.gov.uk/judgments.htm

• Current Legal Informationhttp://sweetandmaxwell.co.uk/online/cli.html

Index of Law Journalswww.washlaw.edu/lawjournal/

• Court of Justice and Court of First Instance (EU)

http://europa.eu.int/cj/en/index.htm

European Union Lawhttp://eur-lex.europa.eu/en/index.htm

Council of Europehttp://conventions.coe.int

Internet Legal Resource Guide UK

www.ilrg.com/nations/uk