GlobaLex: A Unique and Valuable Tool for Foreign, Comparative, and International Law Research

2006 ◽  
Vol 34 (3) ◽  
pp. 473-482 ◽  
Author(s):  
Heidi Frostestad Kuehl
Keyword(s):  
International Law ◽  
Legal System ◽  
International Research ◽  
Islamic Law ◽  
International Agreements ◽  
Research Articles ◽  
Legal Systems ◽  
Law Schools ◽  
Online Resource

How do I find Romanian statutes and cases in English? How might I better understand treaty research and use of travaux préparatoires, find available online and print resources for international agreements, and obtain a cogent overview of this topic? What sources might be helpful for researching religious legal systems, such as Hindu, Buddhist, or Islamic law? Where can I find a description of the legal system of Belarus? As U.S. law schools are becoming increasingly global in their scope and preparation of students and LLM programs abound, law librarians will more frequently encounter foreign, comparative, and international law reference questions like the above. In addition, if a reference librarian does not have a background or exposure to foreign, comparative, and international research or if there isn't a foreign and international law librarian at the institution, reliance on available online reference sources, such as research guides, and traditional reference works in foreign and international law will be essential. One excellent online resource that provides research guidance in the areas of foreign, comparative, and international law and has an authoritative and fascinating portal of research articles is GlobaLex.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

State Immunity and Fundamental Human Rights

1998 ◽  
Vol 11 (1) ◽  
pp. 9-43 ◽  
Author(s):  
Magdalini Karagiannakis
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
Case Law ◽  
Legal Systems ◽  
State Immunity ◽  
Analytical Approaches

Should state immunity from jurisdiction be denied to states that violate fundamental human rights in breach of international law? This article critically discusses three analytical approaches which can be used to answer the question at the level of international law. These approaches are derived from a review of principles of state immunity and fundamental human rights, including ius cogens. The article goes on to examine why the results dictated by these approaches at the level ot international law may not be reflected by municipal legal systems, using US domestic statutes and case law as an example of how a domestic legal system has dealt with this question.

scholarly journals Termination of right in the mechanism of civil legal relations

2020 ◽  
pp. 287-300
Author(s):  
Anatoliy V. Kostruba ◽  
Valentyna A. Vasylyeva
Keyword(s):  
International Law ◽  
Legal System ◽  
Practical Relevance ◽  
Legal Systems ◽  
First Time

The article aims to research the termination of rights in the mechanism of civil legal relations. The relevance of the work is expressed by the fact that the analysis of the reasons for termination of right is based on the analysis of legal facts that are realized in the process of formalization of some civil legal relations. The fol-lowing methods were used: analysis, synthesis, comparison, abstraction. The nov-elty of the study is determined by the fact that the authors of the article research the causes of termination of right and the possibility of implementing this process is universal and local legal systems. The authors consider each of the principles of termination of right as an opportunity to form a qualitatively new subject of re-search and development of the local legal system. The article analyzes the general grounds for termination of rights and suggests implementation measures with consideration of international law. The practical relevance of the study is determined by the fact that for the first time not only direct forms of restriction of rights and measures to terminate them were considered, but also recommendations were developed on the details of the matter in question.

scholarly journals Arbitration Rules in Turkish Legal System

2013 ◽  
Author(s):  
Ahmet Tuncay
Keyword(s):  
Free Will ◽  
Legal System ◽  
International Agreements ◽  
Legal Regulations ◽  
Legal Systems ◽  
International Arbitration ◽  
International Commerce ◽  
International Companies

International companies, with the countries having the relations of commerce and investment, would refer to go to arbitrators, which is completely based upon their free will, to remove or minimise the risks in their own legal systems, to provide the disputes resolve fast and effective way, during the resolution of disputes. Also in our country, to provide the improvement of the international commerce and to promote investment of foreign and local corporation, according to the national and international arbitration legal regulations are made and international agreements are signed by taking notice of the international arbitration rules. Under the title of this, Turkish legal system of the arbitration rules will be researched in details.

scholarly journals MISTRANSLATION OF LEGAL TERMINOLOGY RECONSIDERED

2017 ◽  
Vol 32 ◽  
pp. 7-36
Author(s):  
Clara Ho-yan CHAN
Keyword(s):  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Good Faith ◽  
Legal Knowledge ◽  
Republic Of China ◽  
Legal Traditions ◽  
Linguistic Research ◽  
Wide Range ◽  
Domestic Legislation

This study aims to explore different causes for the mistranslation of legal terminology in international agreements that are enforced through domestic legislation, and attempt to provide some solutions. It is said that legal training will help legal translators to render terminology correctly. This should be held true because many legal terms from different legal systems are ‘false friends’, in that even a well-trained lawyer may need to undertake extensive legal and linguistic research to render them in another language or legal system. This study, by use of a comparison of several translated legal terms from People’s Republic of China (PRC) and Taiwan, shows that besides the cause of ‘legal knowledge’, the disparities between international law and national law and different legal traditions can also lead to an improper transfer of legal terminology. Examples of these terms are “Copyright piracy” (Daoban 盗版 vs. qinhai zhuzuoquan 侵害著作权), “Good Faith” (Chengshi shouxin 诚实守信 vs. shanyi 善意), and “Inventive Step” (Famingxing de buzhou 发明性的步骤 vs. jinbuxing 进步性). In order to enhance translators’ legal knowledge, it is proposed that they be presented with some substantive laws together with simple illustrations of their structures. Translators should crosscheck their translations against a wide range of sources at work. 

scholarly journals POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA

2017 ◽  
Vol 24 (1) ◽  
pp. 56
Author(s):  
Siti Sumartini
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Public Understanding ◽  
International Treaties ◽  
The Public ◽  
The Status

International agreements (treaties) is one of the mechanisms in international relations as well as one of the sources of international law. Lack of understanding of what the public understanding of international agreements often giving riseto confuse in ournational legal system. Thereby also on the status and position of international treaties in the practice of Indonesia has not provided clarity about what the system is about to be followed by Indonesia.

IS AUSTIN'S THEORY INCONGRUENT WITH EXISTING CONCEPTS OF SOVEREIGN AND DISPUTE SETTLEMENT IN TREATIES AND INDIAN LEGISLATION?

2021 ◽  
pp. 47-49
Author(s):  
Sanjith Chandrashekar
Keyword(s):  
International Law ◽  
Legal System ◽  
Dispute Settlement ◽  
Legal Issues ◽  
Legal Systems ◽  
Treaty Law ◽  
The Concept Of Law ◽  
John Austin ◽  
Concept Of Law

For his bold declaration that international law is not "true law" since there is no sovereign, John Austin has been extensively attacked and praised in equal measure. According to Austin, the concept of law is, “Law is a command of the sovereign backed by a sanction.” This study investigates Austin's viewpoint and evaluates it in light of current legal systems, present international law, modern Indian laws, and the analysis of legal issues in the treaty law. While Austin's viewpoint was correct in terms of the legal systems of his day, it cannot be applied to the current international, and Indian legal system

Legal Systems and Variance in the Design of Commitments to the International Court of Justice

2009 ◽  
Vol 26 (2) ◽  
pp. 164-190 ◽  
Author(s):  
Sara McLaughlin Mitchell ◽  
Emilia Justyna Powell
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Bilateral Treaties ◽  
The Relationship

This paper explores the relationship between domestic legal systems and the design of commitments to the International Court of Justice (ICJ). Empirical analyses demonstrate that civil law states are more willing to recognize the compulsory and compromissory jurisdiction of the World Court than common law or Islamic law states. Common law states place the highest number of reservations on their optional clause declarations, with the majority of those restrictions relating to specific areas of international law. Civil law states typically embed compromissory clauses in multilateral treaties, while common and Islamic law states prefer recognition of the ICJ's jurisdiction through bilateral treaties.

scholarly journals EKSISTENSI HUKUM ISLAM DAN HUKUM ADAT DALAM SISTEM HUKUM NASIONAL

2017 ◽  
Vol 14 (2) ◽  
Author(s):  
Abdurrahman Konoras
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Systems ◽  
Left Behind ◽  
National Legal System

Islamic Law and Customary Law is part of the national legal system in addition to some other legal systems that also give meaning and role. But as a system and legal system, Islamic Law and Customary Law show a clear separation.Thus, both are standing alone and independent. The continuing development of both shows which of them can continue to exist and which of them is increasingly left behind or even reduced in terms of role.

scholarly journals Status of International Law In Indonesian National Law: Review of International Conventions in Indonesian Legal System

2017 ◽  
Author(s):  
Hamza Baharuddin ◽  
Achmad Zulfikar
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Legal System ◽  
International Research ◽  
International Treaties ◽  
International Treaty ◽  
System P ◽  
Before And After ◽  
The Status ◽  
International Conventions

This manuscript is an Extended Abstract from the Abstract that has been presented in 2nd International Research Conference on Economics, Business and Social Sciences. This manuscript provides a simple overview of the status of international conventions as the part of international law. Several parts of the whole paper have been revealed which result comparing the three international treaties endorsed by the Indonesian government before and after the enactment of Law No. 24 of 2000 on the International Treaty. If you need more information related to this manuscript please contact the author.

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