Foreign and Comparative Law Basics

Foreign law is the law of a non-U.S. jurisdiction as it is applied in that jurisdiction, and in other jurisdictions (including in U.S. and international courts) under choice of law rules.  Some sources also refer to the law of other countries as international law, global law, or world law.

Foreign law is separate from international law, the rules and principles dealing with the conduct of states and of international organizations as well as with some of their relations with persons (as defined by the Restatement 3d of Foreign Relations). Some sources refer to transnational law, relations which don’t fit neatly in public and private international law.  This can include national court rulings on international issues (banking, commercial law), areas of law that cross national boundaries (such as trade law), and treaties governing transactions.  Transnational law overlaps with and can be found in sources for either international or foreign law.

Research in foreign law usually involves searching for the primary materials of other countries: constitutions, statutes, codes, regulations, and court judgments or opinions.  Research can also involve searching for translations of primary materials, and use of secondary sources, either legal publications of other countries, or U.S. publications on the law of other countries.

Research in foreign law usually involves searching for the primary materials of other countries: constitutions, statutes, codes, regulations, and court judgments or opinions.  Research can also involve searching for translations of primary materials, and use of secondary sources, either legal publications of other countries, or U.S. publications on the law of other countries.

Issues:

• Not all legal materials are published
• Legal materials may not be available online, or maybe only be available online.
• Few law libraries have large collections of legal materials from other countries.
• Few law libraries have extensive databases of foreign legal materials.

Starting point questions:

• What legal system does this country have?
• What language is it published in?
• What are the government institutions called, and what is their hierarchy?
• What are the legal publications called?
• Am I looking for legislative, judicial, or regulatory materials?
• Does the country have codified statutes?
• How do I cite the legal publications?

Start with a research plan:

• What are you looking for? A specific document, or information on a subject area?
• Do you already have citations, names, or dates?
• Do you need official sources, general information, or a translation?
• Start with country background on the legal system, institutions, and languages.
• Research guides for publication names, sources, and databases.
• Research on the country and its legal system, institutions, publications, official language.
• Secondary sources for analysis and commentary, plus citations and search terms to use.
• Primary sources online or in print, and keep track of your citations.
• Keep a research log or record of what you have tried and what you have found.
• Get librarian assistance if you need it!