Workshop on Strengthening Legal Research and Writing Skills in the Area of International Trade Law

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

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Workshop on Strengthening Legal Research and Writing Skills in the Area of International Trade Law

  1. 1. Legal Research and Online Resources Frontpage
  2. 2. 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
  3. 3. 1st Module Techniques of Legal Research Stefano Mastrocicco Library Assistant
  4. 4. Strategies of Legal Research: The Cartwheel Approach Foreign Jurisdictions International Trade Law WTO Dispute Settlement System Topics of Legal Research
  5. 5. Strategies of Legal Research: The Cartwheel Approach Foreign Jurisdictions International Trade Law WTO Dispute Settlement System Strategies of Legal Research
  6. 6. “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.
  7. 7. Case Study: Pollution The Cartwheel Approach by William P. Statsky
  8. 8. “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
  9. 9. Strategies of Legal Research: The Cartwheel Approach Foreign Jurisdictions International Trade Law WTO Dispute Settlement System Foreign jurisdictions
  10. 10. Legal systems of the world University of Ottawa Brief introduction to legal resources on line. Information services, and academic websites
  11. 11. 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).
  12. 12. 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.
  13. 13. 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 guides Guides of legal resources by countries - Law Library of Congress. • Federal Research Division – Library of Congress Historical, social, political and economic information on countries worldwide.
  14. 14. Washlaw
  15. 15. Lexadin
  16. 16. W GLIN
  17. 17. Law Library of Congress
  18. 18. 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/
  19. 19. 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/
  20. 20. Lexis Nexis Professional
  21. 21. 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/
  22. 22. Strategies of Legal Research: The Cartwheel Approach Foreign Jurisdictions International Trade Law WTO Dispute Settlement System International Trade Law
  23. 23. 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 agreements Plurilateral agreements Multilateral arrangements (GATT/WTO) *John Wolff International and Comparative Law Library at the Georgetown University Law Center
  24. 24. International Trade Law Main 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.
  25. 25. International Trade Law 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 Centre United Nations Commission on International Trade Law (UNCITRAL) World Bank International Monetary Fund International Chamber of Commerce APEC MERCOSUR ANDEAN Community ASEAN
  26. 26. Examples of International Trade Law topics: • International sale of goods Contract drafting Agency arrangements Exclusive sale arrangements • Negotiable instruments and banker’s commercial credits • Business activities pertaining to international trade • Insurance • Transportation Carriage of goods by sea, air, road and rail, inland waterways • Industrial properties and copyright • Commercial arbitration
  27. 27. Strategies of Legal Research: The Cartwheel Approach Foreign Jurisdictions International Trade Law: WTO WTO Dispute Settlement System WTO Dispute Settlement System
  28. 28. 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.
  29. 29. 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.
  30. 30. WTO Dispute Settlement System The 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.
  31. 31. wto.org
  32. 32. worldtradelaw.net
  33. 33. Other websites British and Irish Legal Court of Justice and Court of Information Institute First Instance (EU) www.bailii.org http://europa.eu.int/cj/en/index. htm Court Service Judgments http://www.hmcourts- European Union Law service.gov.uk/judgments.htm http://eur- lex.europa.eu/en/index.htm Current Legal Information Council of Europe http://sweetandmaxwell.co.uk/onl http://conventions.coe.int ine/cli.html Internet Legal Resource Index of Law Journals Guide UK www.washlaw.edu/lawjournal/ www.ilrg.com/nations/uk

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