Cleveland-Marshall College of Law

Foreign Law Sources

Introduction
General Sources
Research Guides on Individual Countries
Legislation
Case Law
Citing to Foreign Law


 

Introduction

Foreign law is national or subnational law. It governs the conduct of private individuals, corporations, and government entities in a particular country. Although it can regulate the conduct of foreign persons and entities, foreign law does not apply beyond national borders. Foreign law is found in constitutions, statutes, decrees, orders, case law, and administrative materials. It can be a challenge to locate. One of the best sources for starting foreign law research is Foreign Law Guide, discussed in more depth below.

A related area of law is international law, which governs interactions among countries and international organizations. See our International Law Resource Guide for more information.

This guide covers general sources for starting research, points you toward authoritative research guides on individual countries, gives suggestions for researching statutory and case law, and gives the basics of citing to foreign law.

General Sources

The sources below will give you a general overview of the legal system of a particular country. They can also point you to legislation, case law, and other more specific sources for that country--for this reason, it is often useful to start your research with these types of publications.

  • Foreign Law Guide (CSU only) This is probably the #1 source for starting foreign law research. Organized by country, all Foreign Law Guide entries start with a brief introductory essay on the legal history and legal structure of that jurisdiction. This is followed by a listing of "Major Publications" --- that's where you'll find the names of the codes, gazettes, reporters, etc. for the country. This section is important because although you probably can easily name the publication that officially prints the statutes of the United States (the United States Code), do you know the name of the equivalent publication say, in Saudi Arabia? (It's al-Qiblah.) After "Major Publications" are the "Subject Headings" on many of the major areas of law, such as antitrust and trade regulation, civil procedure, criminal, or taxation. Here you'll find references to specific laws on the subject, along with information on sources for English translation, if available. Note on English translations: Foreign Law Guide is good at pointing you toward English translations, but translations may not be available for all sources of foreign law.
  • "Doing Business In...." , "Introduction to.... " types of books. Search Scholar, the library catalog, to locate country-specific books on foreign legal systems or on business transactions. Examples include Doing Business in China 2009 or Competition Law and Policy in the Middle East.
  • Martindale-Hubbell Law Digest [LexisNexis and Reference KF190 .M374] The law digest for each country covers basic information on topics such as business regulation, intellectual property, family law, taxation, and employment law. It is not just a listing of laws (like in the subject headings of Foreign Law Guide), but rather a short prose description of the state of the law in a specific country.
  • International Lawyer's Deskbook [Reference K559 .I57 2003] This ABA-published book takes a U.S.-centered approach to foreign legal transactions. It is organized topically, rather than by country, and is useful for American lawyers with a foreign focus to their work.
  • Modern Legal Systems Cyclopedia [K530 .M62] Turn to this multi-volume set when you are researching lesser-known countries in Africa, Asia, and the Middle East. If you can't find information on a country elsewhere, this can be a last place to check.
 

Research Guides on Individual Countries

If you are focusing on the law of one particular country--say India--then one of the best research strategies is to locate a research guide that discusses that legal system, for example this Guide to India's Legal Research and Legal System written by the chief librarian at the Supreme Court in New Delhi.

Fortunately, it's relatively easy to find reputable guides online. One place to look is GlobaLex, a legal research site maintained at New York University. GlobaLex hosts over 125 foreign law research guides, covering nearly every country, from Afghanistan to Zimbabwe. You can find another comprehensive listing of national guides on the website of the Law Library of Congress.

Law libraries across the country maintain country guides on a limited basis, mostly geared toward specific library collections. These guides can point you toward the major free online, print, and database resources available. You can sometimes work with OhioLINK or interlibrary loan to access materials unavailable locally. A few library-sponsored guides include -

If you need a more thorough treatment of legal research in a particular jurisdiction than what the typical online guide can offer, then you may want to turn to the books. A few notable titles are listed below. Search for more in Scholar, the library catalog.

For even more leads on finding a legal guide to fit your research needs, consult Silke Sahl's Selective List of Guides to Foreign Legal Research -- it's a guide of guides that may point you in the right direction.

 

Legislation

Generally, there are two approaches to foreign legislative research: by country or by subject. The Foreign Law Guide is a good place to start if you are looking for a specific piece of legislation from a certain country. Just use the pull-down menu at the top of the page to select the country, then scroll down to the subject heading you need.

By Country

  • Foreign Law Guide - A primary source for identifying specific legislation from a long list of countries. The database provides you with complete bibliographic information, directs you to any available English-language translations, and links to reputable online resources.
  • LexisNexis - You can find current legislation for the following countries on LexisNexis: Canada, China & Hong Kong, Malaysia, Mexico, South Africa, and United Kingdom. To locate the correct database, start on the Legal tab, then select "Find Laws by Country or Region," select the individual country, and finally "Legislation and Regulations." You will find the individual statute databases for each of the countries in that listing.
  • Westlaw - You can find current legislation for the following countries on Westlaw: Canada, Hong Kong, Mexico, United Kingdom. To locate the correct database, start from the Directory, choose "International/Worldwide Materials," then "Databases Listed Alphabetically by Country or Region." Next choose the country, and select Legislation.
  • Central and Eastern European Legal Materials [updated regularly KJC6414.4] covers legislation from the following countries: Albania, Bulgaria, Croatia, Czech Republic, Czechoslovakia, Estonia, Hungary, Kosovo, Latvia, Lithuania, Macedonia, Poland, Romania, Serbia and Montenegro, Slovakia, Slovenia and Yugoslavia. The set also includes a volume reprinting United States cases dealing with issues of foreign law (e.g. U.S. cases dealing with issues of Lithuanian law).

By Subject

You will find many online and print resources that compile national laws on a particular subject. Such sources are often useful for finding the leading piece of legislation from a country on that subject. Below are a few examples of subject compilations. To find more, search the Web or Scholar, the online catalog.

Environmental, Water and Food Laws
Criminal Laws
  • International Encyclopedia of Laws: Criminal Law [updated regularly,K5014.4 .I57]
  • Criminal Law Resources on the Internet (Buffalo Criminal Law Center) Links to the criminal law of the U.S., and the penal codes of around 20 other jurisdictions worldwide.
Human Rights, Medical and Labor Laws
  • Gender Law Library (World Bank project) Here you will find legislation on gender discrimination, marriage and divorce, labor and more.
  • International Encyclopedia of Law: Medical Law [updated regularly, K3601.A51 I58]
  • NATLEX (ILO) A database of national labor, social security and related human rights legislation from over 190 countries.

 

Case Law

Finding foreign case law can be more of a challenge than locating foreign legislation. For one, finding a reliable translation may be problematic or impossible. Another thing to consider is the difference in importance assigned to case law in common law vs. civil law jurisdictions. Whereas common law jurisdictions (like the U.S.) assign primary law significance to cases, civil law jurisdictions (like France) relegate case law to secondary source status.

You are most likely to have success locating decisions of the highest foreign courts: supreme courts, constitutional courts, subnational high courts. If you are interested in a lower-court decision from a foreign country, sometimes you will have to settle for newspaper coverage or blog commentary in lieu of the actual decision.

Here are some places to start your online foreign case law research:

  • Foreign Law Guide tells you the name of a country's official reporter. Choose the country, then scroll down to "Court Reports."
  • LexisNexis - You can find current case law for the following countries on LexisNexis: Australia, Brunei, Canada, Hong Kong, Ireland, Malaysia, Mexico, New Zealand, Singapore, South Africa, United Kingdom. To locate the correct database, start on the Legal tab, then select "Find Laws by Country or Region," select the individual country, and finally "Case Law."
  • Westlaw - You can find case law for the following countries on Westlaw: Australia, Canada, Hong Kong, United Kingdom. To locate the correct database, start from the Directory, choose "International/Worldwide Materials," then "Databases Listed Alphabetically by Country or Region." Next choose the country, and select Cases.
  • Foreign Law Translations (University of Texas at Austin) This site is a resource for English-language translations of judicial decisions from France, Germany, Israel, and Austria. The decisions are helpfully arranged by subject under each country. Some translated statutes are also included.
  • WorldLII is the collaborative effort of a number of Legal Information Institutes around the globe. Case law sources are included for many jurisdictions. Start by clicking "All Countries" at the top right.
 

Citing to Foreign Law

The Bluebook's Table 2 (T.2) explains how to cite to legal materials from foreign jurisdictions. Organized by country, this table covers foreign case law, constitutions, codes, statutes and decrees, periodicals, and other sources. Another useful Bluebook section is Rule 21 citing to international materials. The Bluebook is available online and in print.

Not interested in applying the Bluebook on your own? Seek further guidance in a Guide to Foreign and International Legal Citations [on order].

 

AEB
August 2009


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