An Introduction to Foreign and International Legal Research Tools, 0816 COBJ, Vol. 45, No. 8 Pg. 59

AuthorNick Harrell, J.

45 Colo.Law. 59

An Introduction to Foreign and International Legal Research Tools

Vol. 45, No. 8 [Page 59]

The Colorado Lawyer

August, 2016

Legal Research Corner

Nick Harrell, J.

Colorado legal researchers need not specialize in foreign or international law to encounter a foreign or international legal research project. These projects can arise from representing local businesses (e.g., a company that uses foreign manufacturing has labor concerns) or individuals (e.g., a client isn’t sure whether a divorce in the Philippines will be recognized in Colorado). This article explores some resources and tools available to Colorado legal researchers who confront questions of law involving a foreign country or the international landscape. All of the resources discussed in this article are free, except the Foreign Law Guide,[1] which is available in most publicly accessible law libraries.

While often grouped together-including in this article-foreign law and international law are distinct areas of law. Foreign law involves the domestic laws of a non-U.S. country (e.g., Canadian tort law or Chinese contract law), while international law deals with legal relationships among countries. International law is generally divided into two areas: public international law (i.e., the laws and norms that regulate interactions among countries) and private international law, which is typically referred to as conflicts or choice of law.

Many of the resources discussed below may be used for researching both foreign and international law. However, a foreign law research project will likely focus on a particular country and its laws. In contrast, international law research often involves materials such as treaties and international court proceedings, which can be found through governmental and intergovernmental organizations. Furthermore, foreign law materials are often published only in the official language of the country, but international law materials are often available in English

The Research Process

To research foreign or international issues, a researcher should complete the following steps:

1. Determine whether the research project involves foreign law, international law, or both

2. Identify the relevant jurisdiction (e.g., German domestic law or international environmental law).

3. Identify the structure of the legal system or governing body (e.g., common law or an international tribunal).

4. Locate secondary authority.

5. Locate primary authority (if available).

This process is similar to the process used for a Colorado or federal research project. However, the last step, locating primary authority, differs from typical research because a researcher may not have access to foreign primary authority for every jurisdiction. And if the researcher can access primary authority, it may be in a language that the researcher cannot read. Depending on the importance of the legal research project, the researcher may want to contact a foreign and international law specialist or an attorney in the foreign country for assistance.

Foreign and International Legal Research

As the process above indicates, it is helpful to determine whether a research problem involves foreign law, international law, or a combination of both. This determination may lead the re searcher to seek out country-specific sources rather than international sources. Sometimes a legal research project may touch on both foreign and international law. For example, if the researcher represents a technology company with valuable patents and is concerned about whether those patents will be honored in Japan, the researcher may...

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