Law Librarian Blog

Tallinn Manual on the International Law Applicable to Cyber Warfare

The Tallinn Manual (Cambridge UP, 2013) has no official standing but as an advisory manual it may be an important reference work for military attorneys grappling with cyber attacks. In Rules of cyberwar: don't target nuclear plants or hospitals, says Nato manual, Owen Bowcott, legal affairs correspondent for The Guardian writes:

The handbook, written by 20 legal experts working in conjunction with the International Committee of the Red Cross and the US Cyber Command, says full-scale wars could be triggered by online attacks on computer systems. It also states that so-called "hacktivists" who participate in online attacks during a war can be legitimate targets even though they are civilians.

From the Cambridge UP blurb:

Tallinn Manual on the International Law Applicable to Cyber Warfare
ISBN:9781107613775

The Tallinn Manual identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts. It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which sets forth the rule's basis in treaty and customary law, explains how the group of experts interpreted applicable norms in the cyber context, and outlines any disagreements within the group as to each rule's application.

[JH]

New and Updated Research Guides from GlobaLex

Recent international, comparative, and foreign law research guides published by GlobaLex include:

New Guide

• Research Guide of the Legal System of Kingdom of Nepal by Md. Ershadul Karim and Sirjana Sharma Pokhrel.

Updated Guides

• An Overview of the Egyptian Legal System and Legal Research by Dr. Mohamed S. E. Abdel Wahab.
• A Guide on the Harmonization of International Commercial Law by Duncan Alford.
• Basic Primary and Secondary Information Online Sources for the North American Free Trade Agreement (NAFTA) and the United States Central American Free Trade Agreement-Dominican Republic (CAFTA-DR) Research by Francisco A. Avalos and Maureen Garmon; Update by Francisco A. Avalos.
• Researching the United Nations: Finding the Organization's Internal Resource Trails by Linda Tashbook.
• The Austrian Legal System and Laws: a Brief Overview by Johannes Oehlboeck and Immanuel Gerstner; Update by Johannes Öhlböck.

[JH]

Rai's Access to Legal Information in the Digital Age

The 2012 FCIL Schaffer Grant for Foreign Law Librarians receipent Priya Rai's powerpoint for her AALL Boston 2012 talk entitled Access to Legal Information in the Digital Age: A Comparative Study of Electronic Commercial Databases and Public Domain Resources in Law is available for download from the FCIL SIS website. Rai is the Deputy Librarian In-Charge at the Justice T.P.S. Chawla Library, National Law University Delhi, India. [JH]

First Circuit Upholds Order To Release Oral Transcript Archival Material for UK Criminal Investigation

The First Circuit Court of Appeals issued an opinion last Friday that should be read by every archivist that promises confidentiality to contributors who may be involved in criminal activities.  The case concerns interviews and transcripts held in Boston College’s Burns Library.  They were made by various participants in “The Troubles” between the British Government and Irish paramilitary groups.  Previous LLB coverage on the case is here. 

The United Kingdom requested copies of specific transcripts from the oral histories as part of an investigation into an unsolved murder of an alleged informant in 1972.  The UK made the request under the Mutual Legal Assistance Treaty it held with the United States.  Boston College initially resisted the multiple subpoenas from the United States for the materials.  The District Court denied various motions to suppress. The First Circuit now affirms that result. 

The appeal has a convoluted procedural history based on the interests of the different parties involved.  Ed Moloney heads the Belfast Project at Boston College.  Anthony McIntyre is a former IRA member who works as a researcher for the Project.  Boston College told Moloney to include a clause in the interviewee contract that confidentiality would be observed to the extent that American law allows.  That clause was not in the contracts, though Moloney did promise participants confidentiality. 

Boston College decided not to appeal some of the subpoenas in the case.  Moloney and McIntyre tried to intervene in the case but the District Court denied that attempt.  They filed separate suit alleging the right to intervene; a claim under the Administrative Procedure Act; and various constitutional and procedural issues.  That suit was dismissed and the opinion at hand addresses those issues, and disposing of most of them as failed claims or describing them as not controlling in the case. 

The most important elements of the opinion analyze the academic freedom issues compared to a reporter’s privilege.  The Court of Appeals stated they are not comparable, and even if they were, reporters have no special privilege when it comes to criminal investigation.  The Court dismissed the notion that the University could guarantee confidentiality by the accidental omission of the “full extent of American law” clause.  Money quote: 

The choice to investigate criminal activity belongs to the government and is not subject to veto by academic researchers. 

* * * *

That failure in the donation agreement does not change the fact that any promises of confidentiality were necessarily limited by the principle that "the mere fact that a communication was made in express confidence . . . does not create a privilege. . . . No pledge of privacy nor oath of secrecy can avail against demand for the truth in a court of justice."  Branzburg, 408 U.S. at 682 n.21 (quoting 8 Wigmore, Evidence § 2286 (McNaughton rev. 1961)) (internal quotation marks omitted).

The Daily Beast has coverage on the case here.  [MG]

Recent GlobaLex Legal Research Guides

The following guides have been updated:

• Guide to Legal Research in El Salvador by Oscar Samour
• Guide to Legal Research in Nicaragua - Update by Andrea M. Vidaurre
• Philippine Legal Research by Milagros Santos-Ong
• Legal Research in Slovakia (Including a Brief Description of Slovak Political and Legal System) Update  by Peter Klanduch

More articles on international, comparative, and foreign law research at GlobaLex. [JH]

Julian Assange Loses Extradition Case - Here's the Text

The news that Julian Assange has lost his latest appeal to prevent his extradition from the United Kingdom to Sweden is all over the news sources.  The Guardian has posted the judgment of High Court of Justice for that case to Scribd.  It can be viewed here.  [MG]

New and Updated GlobaLex Research Guides

New research guide:

• Nuclear Law Research Guide by Linda Tashbook

Updated guides:

• An Introduction to Sources for Treaty Research by Mark Engsberg and Mary Beth Chappell
• Intute: Law – the What? Why? How? Where? and Who? by Steve Whittle
• The Crisis in Darfur: Researching the Legal Issues by Amy Burchfield
• A Guide to Online Research Resources for the Macedonian Legal System by Nic Angelov 

Of course, many additional guides on international, comparative, and foreign law research can be found at GlobaLex. [JH]

Updated GlobaLex Research Guides

August 2011 updated guides available on GlobaLex:

• International Sports Law by Amy Burchfield
• Guide to Legal Research in Belarus by Tatyana Khodosevich & Nadia Shalygina; Update by Nadia Shalygina
• An Introduction to Colombian Governmental Institutions and Primary Legal Sources by Antonio Ramírez and Hernando Otero
• An Electronic Guide to Mexican Law by Francisco A. Avalos and Elisa Donnadieu; Update by Francisco A. Avalos

[JH]

Iceland's Crowdsourced Draft Constitution Submitted

On July 29, 2011, Iceland's Constitutional Council presented its draft constitution to the Speaker of Althingi. The drafting process was crowdsourced by way of the Council's website. In Icelanders hand in draft of world's first 'web' constitution, Agnes Valdimarsdottir (AFP) reports the website was an "incubator for comments... . Moreover, the council was present on Facebook, Twitter, YouTube and Flickr, allowing Iceland -- and the world -- to follow its progress."

From the Constitutional Council's The Constitutional Council hands over the bill for a new constitution (English version):

The Constitutional Council presented the Speaker of Althingi, Mrs. Ásta Ragnheidur Jóhannesdottir, with the bill for a new constitution in Idnó, today. The bill was unanimously approved by all delegates, at the last meeting of the Council, on Wednesday 27 July 2011. The bill assumes that from now on, changes to the constitution will be submitted to a vote by all who are eligible to vote in Iceland, for either approval or rejection. All delegates agree that the population should be given the chance to vote on the new constitution before Althingi’s final vote on it. In the case of ideas arising to make changes to the bill prepared by the Constitutional Council, the delegates of the Council declare themselves ready to revert to the matter before a national referendum is held.

...

The delegates of the Constitutional Council is a group of various people with diverse opinions, education and experience in life. Each and everyone has taken a stance to matters based on their own beliefs and opinions. During the process, the Council has consulted the Report of the Constitutional Committee, as well as the result of the National Forum 2010. The public has had wide access to the work of the Council, primarily by writing comments, totaling 3600, as well as sending their suggestions, numbering approximately 370, to the Council’s website. The idea that the public had their saying in the revision of the constitution has thus been preserved. In that way, the bill of the Council has little by little taken shape during discussion between the delegates themselves and with open exchange of opinion with the community. The Constitutional Council now presents the bill to the Parliament and to the people. Explanatory notes on the bill, reflecting the discussion within and outside of the Council, will be handed over to Althingi next week.

The Constitutional Council expects that the open discussion of recent months on constitutional matters will continue.

Resources: Consititution of the Republic of Iceland and the Constitutional Council's crowdsourced draft (Google translation). [JH]

Progress of the World’s Women: UN Report on Achieving Women’s Equality is a Fundamental Human Right and a Social and Economic Imperative

From the foreword of UN Women's Progress of the World’s Women 2011–2012: In Pursuit of Justice by Michelle Bachelet, Under-Secretary-General and Executive Director of UN Women:

As the first major UN Women report, this edition of Progress of the World’s Women reminds us of the remarkable advances that have been made over the past century in the quest for gender equality and women’s empowerment. Even within one generation we have witnessed a transformation in women’s legal rights, which means that today, 125 countries have outlawed domestic violence, 115 guarantee equal property rights and women’s voice in decision-making is stronger than ever before. Today, 28 countries have reached or surpassed the 30 percent mark for women’s representation in parliament, putting women in the driving seat to forge further change.

Progress of the World’s Women 2011–2012: In Pursuit of Justice shows that where laws and justice systems work well, they can provide an essential mechanism for women to realize their human rights. However, it also underscores the fact that, despite widespread guarantees of equality, the reality for many millions of women is that justice remains out of reach.

The report highlights the practical barriers that women – particularly the poorest and most excluded – face in negotiating justice systems and the innovative approaches that governments and civil society are pioneering to overcome them. It explores the ways in which women are reconciling guarantees of their rights with the realities of living within plural legal systems. And it highlights the severe challenges that women face in accessing justice in the aftermath of conflict, as well as the enormous opportunities for change that can emerge in these most difficult times.

...

This edition of Progress of the World’s Women builds on the work of colleagues across the United Nations system in highlighting women’s part in strengthening the rule of law and outlines a vision for the future in which women and men, worldwide, can work side-by-side to make gender equality and women’s empowerment a reality.

UN Women is the United Nation's entity for gender equality and the empowerment of women. For more, visit the UN Women website.

Hat tip to beSpacific. [JH]

GlobaLex Research Guides

Recently released updated guide:

• An Introduction to Venezuelan Governmental Institutions and Primary Legal Sources by Antonio Ramirez.

[JH}

Internet Access as a Human Right: US Government Moves to Develop and Deploy "Shadow" Internet to Undermine Repressive Regimes

"[T]he Internet has become a key means by which individuals can exercise their right to freedom of opinion and expression, as guaranteed by article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights," states Frank La Rue, a special rapporteur to the United Nations. Quoting from Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression (May 16, 2011). "[A]ny restriction to the right to freedom of expression must meet the strict criteria under international human rights law."

From the UN Report:

The Special Rapporteur remains concerned that legitimate online expression is being criminalized in contravention of States' international human rights obligations, whether it is through the application of existing criminal laws to online expression, or through the creation of new laws specifically designed to criminalize expression on the Internet.

Such laws are often justified as being necessary to protect individuals' reputation, national security or to counter terrorism. However, in practice, they are frequently used to censor content that the Government and other powerful entities do not like or agree with.

"Shadow" Internet Initiative. James Glanz and John Markoff report that the Obama Administration led by State Department efforts "is leading a global effort to deploy 'shadow' Internet and mobile phone systems that dissidents can use to undermine repressive governments that seek to silence them by censoring or shutting down telecommunications networks." Past government efforts included "development of software that preserves the anonymity of users in places like China, and training for citizens who want to pass information along the government-owned Internet without getting caught."

Glanz and Markoff report that "the latest initiative depends on creating entirely separate pathways for communication. It has brought together an improbable alliance of diplomats and military engineers, young programmers and dissidents from at least a dozen countries, many of whom variously describe the new approach as more audacious and clever and, yes, cooler." For much more see U.S. Underwrites Internet Detour Around Censors (NYT, June 12, 2011). [JH]

Research Methodologies in EU and International Law

By Robert Cryer, Tamara Hervey and Bal Sokhi-Bulley, with Alexandra Bohm, Research Methodologies in EU and International Law (Hart Publishing, April 2011) (snips from the product description):

Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law.

...

The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.

Hat tip to the International Law Prof Blog post by Dr. Laurent Pech, Jean Monnet Lecturer in EU Law, National University of Ireland, Galway [JH]

Good Luck Brazilian Legal Community: Country's "First Online Legal Research Service" Launched

Recently Thomson Reuters launched Revista dos Tribunais Online.

It is a comprehensive, first-of-its-kind product that gives legal professionals a full view of Brazilian legal information and promises to dramatically increase productivity for legal professionals across the country, which is second only to the United States in numbers of attorneys per capita.

Revista dos Tribunais Online combines the technology that powers Westlaw, the leading legal research product in the United States, with the high-quality content and intimate market knowledge available in the volumes of Revista dos Tribunais.

(Emphasis added.) Quoting from Legal Current.

"High quality" content, well, at least until Thomson Reuters establishes the same sweatshop practices used to produce US legal publications. Good luck Brazilian legal community. If there is one thing TR knows how to do it is to maximize economies of scale to dominate a market. Perfected in the US market, now coming to a market that is "second only to the US in number of attorneys per capita." From the press release:

“There are some 600,000 lawyers in Brazil,” said Jim Smith, chief executive officer, Thomson Reuters Professional Division , “and we are well positioned to serve this important market with next-generation tools that meet the needs of business and legal professionals in the region. We’re doing this by building upon the blueprint that has made our Westlaw online service the gold standard for legal professionals around the world: exceptional content, state of the art technology and an unmatched reputation for service excellence.”

"[E]xceptional content, state of the art technology and an unmatched reputation for service excellence," really? Perhaps we US law librarians better send an envoy to our colleagues in Brazil  for an education in the costs associated with so-called "next-gen" tools because

“Revista dos Tribunais Online is leading the way in modernizing the legal research tools available to professionals in Brazil,” said Antonio Belinelo, managing director, Revisita dos Tribunais. “This product will bring about a richer view of Brazil’s legal system by enabling legal professionals to search for and find a century of tradition and editorial excellence in just a few clicks. Revista dos Tribunais Online truly will revolutionize the Brazilian legal industry.”

(Emphasis added; quoting from the press release).

Thomson Reuters acquired Revista dos Tribunais in May 2010. See The Sun Never Sets on the Thomson Reuters Empire: On Restructuring for the 21st Century's New Normal.  Since then the Company has acquired Argentina- and Chile-based Legal Publishing Group. [JH]

New and Updated Research Guides from GlobaLex

New Research Guide

• Overview of the Cambodian History, Governance and Legal Sources by Jennifer Holligan and Tarik Abdulhak

Updated Research Guides

• Global Warming. A Comparative Guide to the E.U. and the U.S. and their Approaches to the U.N. Framework Convention on Climate Change and the Kyoto Protocol by Deborah Paulus-Jagrič
• Laws of the Republic of Kazakhstan: A Guide to Web Based Resources by Oleg Stalbovskiy & Maria Stalbovskaya; November/December 2008 update by Oleg Stalbovskiy & Maria Stalbovskaya; 2011 update by Anuar A Nurakhmet
• An Introduction to New Zealand Law & Sources of Legal Information by Margaret Greville; Updated in 2011 by Maria Connor
• Guide to Legal Research in Serbia by Linda Tashbook, Esq. and Marko Zivanov
• Introduction to the Legal System and Legal Research of the Kingdom of Thailand by Joe Leeds

More articles on international, comparative, and foreign law research at GlobaLex. [JH]

New and Updated Research Guides from GlobaLex

New Guide

• Introduction to Eritrean Legal System and Research by Luwam Dirar and Kibrom Tesfagabir

Updated Guides

• “One Country, Two Systems” of Legal Research: A Brief Guide to Finding the Law of China’s Hong Kong Special Administrative Region by Roy L. Sturgeon and Sergio Stone
• Guide to Italian Legal Research and Resources on the Web by Elio Fameli and Fiorenza Socci. March 2011 Update by Diletta Tega
• Overview of the North Korean Legal System and Legal Research by Patricia Goedde

More articles on international, comparative, and foreign law research at GlobaLex. [JH]

New and Updated Research Guides from GlobaLex

New Research Guides:

• The European Human Rights System by James W. Hart
• An Introduction to the Law of the Southern African Development Community by Dunia P. Zongwe

Updated Guides:

• Immigration Law – A Comparative Approach. Guide to Immigration Law of Australia, Canada, and the United States by Annmarie Zell
• Researching Cameroonian Law by Charles Manga Fombad
• A Guide to the Legal System of the Islamic Republic of Iran by Omar Sial and Ershadul Karim

More articles on international, comparative, and foreign law research at GlobaLex. [JH]

Comparative Criminal Procedure Guide to English-language Resources

U of Chicago law profs Ginsburg and McAdams have compiled a list of selected English-language resources on comparative criminal procedure. The guide was produced for their Comparative Criminal Procedure Seminar. The "Resources by Subject" page contains materials organized by: 1) country or region and 2) notable sub-topics within criminal procedure. From the description:

It focuses on journal articles, book chapters, and treatises covering comparative criminal procedure generally, criminal procedure in multiple jurisdictions, and specialized research topics in comparative criminal procedure such as:  arrest, pre-trial detention, interrogation, right to counsel, legal assistance for indigent defendants, discovery, plea bargaining, trial by jury, the privilege against self-incrimination, inquisitorial versus accusatorial systems, role of prosecutors, judges and defense attorneys, cross-examination, exclusionary rules, sentencing, death penalty, criminal appeals, and double jeopardy.

Hat tip to beSpacific. [JH]

FCIL-SIS Now Accepting Applications for the 2011 FCIL Schaffer Grant for Foreign Law Librarians

The Foreign, Comparative and International Law-Special Interest Section (FCIL-SIS) of the American Association of Law Libraries is now accepting applications for the 2011 FCIL Schaffer Grant for Foreign Law Librarians. The FCIL Schaffer Grant for the http://www.aallnet.org/events/ in Philadelphia, Pennsylvania (July 23-26, 2011), provides a waiver of the AALL Annual Meeting full registration fee and a grant of a minimum $2,000 to assist with accommodations and travel costs.

Applicants must be law librarians or other professionals working in the legal information field, currently employed in countries other than the United States, and with significant responsibility for the organization, preservation, or provision of legal information. The application deadline is March 1, 2011. The Grant Committee will not consider late or incomplete applications.

Details regarding the FCIL Schaffer Grant for Foreign Law Librarians as well as the application form can be found at: http://www.aallnet.org/sis/fcilsis/grants.html

Please feel free to contact the 2011 FCIL Schaffer Grant for Foreign Law Librarians Selection Committee Chair, Teresa Miguel at teresa.miguel(at)yale.edu or another committee member (Ms. Lucie Olejnikova, lolejnikova(at)law.pace.edu and Mr. Roy Sturgeon, rsturgeo(at)tulane.edu) if you have any questions about the 2011 FCIL Schaffer Grant for Foreign Law Librarians. [JH}
 

Updated Research Guides from GlobaLex

And they are:

• European Union Legal Materials: An Infrequent User's Guide by Duncan E. Alford
• Comparative Civil Procedure: A Guide to Primary and Secondary Sources by Radu D. Popa & Mirela Roznovschi
• Burkina Faso Legal Information and Research by Kounkinè Augustin Somé
• A Guide to Legal Research in Israel by Michal Tamir; 2011 update by Esther Mann Snyder
• Guide to Legal Research in Norway by Pål A. Bertnes

For new and regularly updated foreign, international and comparative law research guides, visit GlobaLex. [JH]