New and Updated Research Guides from GlobaLex

GlobaLex, a very good electronic collection created by the Hauser Global Law School Program at the New York University School of Law, has  published or updated a number of research guides recently:

• UPDATE: "Space Asset" Under the Space Protocol to the Cape Town Convention and the Related Issues Under International Space Law: "The ongoing privatization and commercialization of today's space industry creates more financial risks for private sector financiers, and the movable nature of space activities may cause legal uncertainties of the security interests. Given such situation, the 2001 UNIDROIT Convention on International Interests in Mobile Equipment (the "Cape Town Convention") and the 2012 Protocol to the Cape Town Convention on Matters Specific to Space Assets (the "Space Protocol") marked a significant development in harmonizing and unifying the rules of asset-backed finance for mobile space equipment. As a key term in the Space Protocol, the concept of "Space Asset" was for the first time introduced in the Cape Town Convention and defined under the Space Protocol, which may impact contemporary international space law that formed mainly from the UN space law treaties (the "five United Nations treaties on outer space") and principles (the "five United Nations declarations and legal principles"). This article will first explain and analyze the definition of "Space Asset", then further discuss issues related to this new concept, including the delimitation of outer space, the relationship between an Aircraft Object and a Space Asset, as well as the differences and similarities between Space Assets under the Space Protocol and a Space Object under the UN space law treaties."
• Researching International Labour Law (authors are Canadian librarians from Queen's University in Kingston, Ontario): "International labour law refers to the body of rules and principles concerning the relationship between employers, workers, and governments. This research guide provides a brief overview of introductory resources in international labour law and the major sources of law in this area. The primary responsibility for developing and implementing a system of international labour standards lies with the International Labour Organization (ILO), a specialized United Nations (UN) agency. As such, the ILO is a major focus of this guide. However, it should be noted that international labour law also includes regional sources of law as well as several UN treaties that establish state obligations in this area. These will be described in brief."

New Globalex Research Guide on Human Right to Education

GlobaLex, a very good electronic collection created by the Hauser Global Law School Program at the New York University School of Law, has published a new guide on Human Right to Education Research:

"Until the early twentieth century, education was a privilege only allowed to certain classes of a society. While some countries such as Germany tried to enlighten the general public as well by starting mandatory public education in the eighteenth century, this existed only by law and was not fully implemented. To make it worse, states indoctrinate authoritarian ideas through education, a problem which international law could not effectively regulate because they could not pierce sovereigns in human rights issues before the United Nations Charter and 1948 Universal Declaration of Human Rights (UDHR), which specifically provides a human right to education under Article 26 (...) To have a better understanding of the right to education, there is no choice but to get its definition from international law, especially human rights instruments, which provides a more consistent approach to the right to education among states and better protection to humans around the world. Laws from other foreign countries and their implementation of human rights principles should also be considered in order to understand the right to education."

"Numerous international instruments, articles, treatises, and national laws relating to the human right to education have been drafted and published since World War II. International law has been used to pierce state sovereignty to protect a state’s citizens against the abusive use of state powers. Accordingly, research in this field to protect the human right to education has become diversified, complicated, and interdisciplinary. Research has focused on outcomes or contexts of education, applying a wide variety of theories including human capital theories, theories of consciousness-raising, and Neo-Weberian and non-Marxist theories. Further, international instruments should be considered holistically, including treaties, international custom, general principles of law, cases, and soft law from various intergovernmental and nongovernmental organization reports and documents. Domestic laws, including state law and local ordinances, should also be considered because the legal right to education is applied and implemented differently among different states."

"Considering a wide variety of international instruments and literature relating to the human right to education, this guide provides an annotated bibliography of journal articles, treatises, reports, and documents available online to facilitate the research of scholars and practitioners in this field. It also includes a list of primary source instruments with domestic laws of selective countries."

Updated Globalex Research Guides on International Law

GlobaLex, a very good electronic collection created by the Hauser Global Law School Program at the New York University School of Law, has updated a number of its research guides relating to international law:

• European Union –Tracing Working Documents: "In legal research, particularly in international and comparative law, it is often necessary to trace working documents, or travaux préparatoires, in order to get a clear view of how negotiations have affected the original draft of a document. The status of these documents varies greatly between different countries and organisations: while governments in some countries have long had a culture of openness, others have always preferred secrecy. Reports or articles may often refer to documents to which the author has had privileged access; often the sources are not indicated, and this can be very frustrating for researchers (...)The situation in the European Union is further complicated because some of the working documents involved originate in the European institutions, while others come from individuals or governments in the member states. In the formative years of the European Communities, which later evolved into the European Union, documents had a relatively informal status. Although many documents relating to the early treaties have been deposited in the official archives, they are not generally available in any other form. Because the proceedings of the institutions and of legislative or treaty negotiations have always been multi-lingual, many documents will only be available in French or German, although official documents were often translated into English even before the United Kingdom joined the European Economic Community in 1973 (...)  The EU has pioneered the use of electronic media in providing information and many official documents are now available online through the EU web server, Europa, and its legal service Eur-Lex, both of which provide information in all official EU languages. However, administrative processes and translation can often cause considerable delays in access, and some documents are never made public. This article aims to clarify some of the distinctions between different categories of working documents and provides details of some of the databases and collections that are essential for research into the workings of the European Union."
• À la Recherche des Travaux Préparatoires: An Approach to Researching the Drafting History of International Agreements: "There are two good reasons why one would go in search of the travaux préparatoires to an international agreement (and/or ask for the assistance of a law librarian in doing so). Before we go into those reasons, what exactly are travaux préparatoires? The phrase is of course French and translates literally as 'preparatory works.' Synonymous phrases in English are 'negotiating history' or 'drafting history.' It is better to avoid using the phrase “legislative history” as a synonym. While they bear similarities, treaty interpretation differs significantly from statutory construction (...) The first reason for seeking out travaux préparatoires can be called the interpretive reason. If there is doubt or disagreement about the meaning of an international agreement, those charged with interpreting the agreement - it could be a court, or an arbitral tribunal, or anybody who is interested in the meaning of the agreement, including scholars -- will want to consult the travaux préparatoires for insight into the 'common intentions and agreed definitions' of the negotiators (...) There is another reason for consulting travaux préparatoires that has little to do with interpretation as a matter of law. We can call this other reason the genetic reason. There may be absolutely no doubt about the meaning of the treaty text; it is clear to every reader, even to a lawyer. Yet, we may take great interest in how the text of the agreement evolved into its final form. In other words, the evolution of the text has intrinsic historical interest."
• Researching International Human Rights: "This article explains the procedures of the major international human rights systems because it is procedures that create the need to record or communicate. In other words, documents emanate from critical junctures in a process. The article does not touch on the content of the human rights themselves or explicate the websites that hold the documents (...) International human rights are based on treaties that have secretariats that monitor the contracting parties’ adherence, interpret the treaty, perhaps provide an enforcement mechanism, and provide other support to the members of the intergovernmental organization, potential victims of abuses, and other adherents of human rights. Contemporaneously with the sharp increase in the number of these intergovernmental organizations, information technology has taken on new forms, increased its reach to the entire globe, and decreased the cost of disseminating information. These two waves of development have combined so that now one can find an enormous portion of the documents one needs on international human rights online. The first part of this article is organized geographically. It covers the intergovernmental organizations that cover the globe, followed by those that cover the regions that have major human rights treaties. It does not cover Middle East because it doesn’t have such a system or any comprehensive human rights system. Following that the article will list both domestic and foreign human rights journals."

Implementing the Marrakesh Treaty for Persons with Print Disabilities: A Guide for Canadian Librarians

The Canadian Federation of Library Associations (CFLA) has released a Canadian version of  Getting Started with the Marrakesh Treaty – a Guide for Librarians.

The original version was published in 2019 by the International Federation of Library Associations and Institutions (IFLA).

From the forward by Canadian library director Victoria Owen:

"The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled presents an unprecedented opportunity for access to printed works for blind and other print-handicapped persons. Libraries play a key role in facilitating access, and this guide was conceived to enable staff in libraries of all types to take the final, practical steps to deliver materials into the hands of print-disabled readers."

"As the former director of library services at Canada’s CNIB Library for the Blind and past chair of the International Federation of Library Associations and Institutes (IFLA)’s Copyright and other Legal Matters (CLM) Advisory Committee, I am especially pleased to see that the Marrakesh Treaty enables improved access to printed works and that the beneficiaries include blind and low-vision readers."

"The information in this guide is organized as an FAQ (Frequently Asked Questions), answering questions and providing links for further information. It is meant to be a starting point, a template, available for customization in each Marrakesh Treaty country. It is our hope that, once the guide is customized to each country’s law, it will be posted on the IFLA website."

New International Law Research Guide on Third-Party Funding in Investor-State Dispute Settlement

GlobaLex, a very good electronic collection created by the Hauser Global Law School Program at the New York University School of Law, has published a new research guide on Third-Party Funding in Investor-State Dispute Settlement:

"Third-party litigation funding is a rapidly expanding industry composed of speculative investors who finance legal claims in a number of disputes, in exchange for influence over case management and a contingency in the recovery. As third-party funding now becomes increasingly widespread in investment arbitration, it becomes critically important for policymakers, academics, IGOs/NGOs, arbitral institutions and practitioners alike to understand how third-party funding works in the investment arbitration setting and its implications, as well as ongoing reform efforts addressing the role of this funding mechanism in investor-state dispute settlement (...)"

"Investment arbitration differs from private commercial arbitration in a number of key respects relevant to understanding the implications of third-party funding. First, investment arbitration in the ISDS [investor-state dispute settlement] system involves States as respondents, rather than commercial parties. Therefore, claims and costs are paid from State budgets (i.e. taxpayers) rather than a commercial defendant’s resources or shareholders. Second, ISDS proceeds under a set of substantive rules (BITs) which create rights for investors but primarily only duties for States, meaning States can generally not raise counterclaims and cannot recover in turn (except costs in certain cases) from investor claimants. Third, ISDS takes place under procedural rules (ICSID or UNCITRAL arbitration rules are the primary ones) that allow claimants to select one of the three arbitrators, and which do not allow for appeal."

"Third-party funding in this setting has drawn particular attention because it has a more profound impact on investment policy and a host of other issues, than it necessarily raises in other settings. Third-party funding has become one element in the heated debates about “the purpose, function, and legitimacy of the laws governing foreign investment and investment arbitration.” This is so because the increasing costs, increasingly large monetary awards, and growing number of cases have become matters of recent public concern regarding the ISDS system. Third-party funding raises issues related to conflicts of interest, access to justice, disclosure and transparency, to ongoing investigation of the risk, costs and balance of ISDS procedures."

"This research guide aims to provide the tools necessary for your understanding and researching of third-party funding in the context of investor-state arbitration. A selected bibliography of scholarly writings, publications from IGOs/NGOs and institutional repositories that may inform you about the history, background and development of third-party funding in ISDS and the current debate is included in Section 8."

Report on Ratification of Marrakesh Treaty for People With Print Disabilities

The International Federation of Library Associations and Institutions (IFLA) has published an update to its Marrakesh Monitoring Report:

"The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled marks a major victory in efforts to provide equitable access to information for all. For the 300 million people with print disabilities around the world, it promsies to be a life-changer."

"By removing the obligation to seek permission to make or share copies of books in accessible formats, it takes away an important barrier to providing books to people with print disabilities."

"Nonetheless, there are possibilities for Member States to (re)introduce obligations to pay rightholders or undertake other bureaucratic burdens. Governments can also do more or less to favour access to people with other disabilities (such as people experiencing deafness)."

"IFLA is therefore periodically reviewing whether governments have passed the necessary national laws to make a reality of Marrakesh, and if so, whether they are maximising the potential for access,"

Canada has ratified the treaty.

In 2018, IFLA prepared a guide for librarians on Getting Started with the Marrakesh Treaty with the support of the World Blind Union, the Canadian Association of Research Libraries, and the University of Toronto.

Free WIPO Global Database on Intellectual Property Law

I learned today that the World Intellectual Property Organization, a specialized Agency of the United Nations, maintains WIPO Lex, a free database with information on international IP treaties as well as laws and regulations of some 200 countries.

According to an explanation on the website:

"WIPO Lex aims to achieve the objective set forth in Article 4(vi) of the WIPO Convention, that is, WIPO 'shall assemble and disseminate information concerning the protection of intellectual property, carry out and promote studies in this field, and publish the results of such studies.' WIPO Lex covers all WIPO Member States (...)"

"WIPO Lex also covers IP legal information of the Members of the World Trade Organization (WTO) in accordance with the Agreement between WIPO and WTO of December 22, 1995, which provides for the WTO Secretariat to transmit to the International Bureau of WIPO, a copy of the laws and regulations received by the WTO Secretariat from WTO Members under Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights."

New Guide on Marrakesh Treaty for People With Print Disabilities

The International Federation of Library Associations and Institutions (IFLA) has published a guide for librarians on Getting Started with the Marrakesh Treaty:

"The Marrakesh Treaty entered into force in September 2016, faster than any other international copyright text in the last 40 years. It promises to remove some of the key barriers to access to information by people with print disabilities."

"Yet the Treaty will only be effective, where it has been incorporated into national law, when libraries and others are using it. Yet not all librarians feel confident in dealing with copyright law, potentially leaving users without the access they need."

"This guide, edited by Victoria Owen, and with the wecome support of the World Blind Union, the Canadian Association of Research LIbraries, and the Unviersity of Toronto, offers answers to frequently asked questions. It can also be adapted by national actors to their own laws - IFLA encourages this, in order to get the largest possible number of libraries involved."

New International Law Research Guides From GlobaLex

GlobaLex, a very good electronic collection created by the Hauser Global Law School Program at the New York University School of Law, recently published updates to a few of its research guides.

DipLawMatic Dialogues, the blog of the FCIL Special Interest Section of the American Association of Law Libraries, has the list.

There are updates for the guides on:

•  the European Human Rights systrem
• MERCOSUR 
• the Vienna Convention on Consular Relations
• U. S. Federal Legal System Web-based Public Accessible Sources
• the Australian Federal Legal System
• and more

Updated International Law Research Guides From GlobaLex

GlobaLex, the electronic collection created by the Hauser Global Law School Program at the New York University School of Law, recently updated some of its research guides:

• A Legal Analysis of "Space Asset" Under the 2012 Space Protocol to the International Interests in Mobile Equipment: "The ongoing privatization and commercialization of today's space industry creates more financial risks for private sector financiers, and the movable nature of space activities may cause legal uncertainties of the security interests. Given such situation, the 2001 UNIDROIT Convention on International Interests in Mobile Equipment (the "Cape Town Convention") and the 2012 Protocol to the Cape Town Convention on Matters Specific to Space Assets (the "Space Protocol") marked a significant development in harmonizing and unifying the rules of asset-backed finance for mobile space equipment. As a key term in the Space Protocol, the concept of "Space Asset" was for the first time introduced in the Cape Town Convention and defined under the Space Protocol, which may impact contemporary international space law that formed mainly from the UN space law treaties. This article will first explain and analyze the definition of “Space Asset,” then further discuss issues related to this new concept, including the delimitation issue, the relationship between an Aircraft Object and a Space Asset, as well as the differences and similarities between Space Assets under the Space Protocol and a Space Object under the UN space law treaties."
• "Paper Satellites" and the Free Use of Outer Space: "At roughly 36,000 km above the equator lies a resource highly sought after by all States: the geostationary orbit (“GSO”). Declared a natural limited resource, with the characteristic of holding an object in the same position relative to the surface of Earth over the course of a day, it is not surprising that the available GSO satellite slots are approaching saturation. Yet, not all states have a satellite placed in orbit, due to economic, technologic or political constrictions. This impairment of the states in their capability to participate has triggered a speculative phenomenon with the International Telecommunications Union (“ITU”) known as “over-filing.” Over-filing consists of registering unneeded uses of orbit resources and has the effect of foreclosing others, who have near-term needs, from achieving access and enjoying the free use of this space resource. As a consequence of this practice, some states risk being denied the right to use outer space freely, a right which has been generally recognized in international space legislation. To set the framework, the beginning of this article will bring forth the emergence of the “paper satellite” practice, which will be more clearly reflected in section three in the cases of the Tongasat and the Iranian Zohrer-1 and 2 satellites. The nature of the GSO will be discussed in order to demonstrate the application of the principle of "free use of outer space" to the issue in the fourth chapter. The fifth chapter will deal with an analysis of the compatibility of over-filing practices and the free use of outer space principles. The sixth chapter will look into the most recent measures taken by the ITU to address paper satellites and this article ends with personal concluding remarks."
  

Updated Research Guide on Drafting History of International Agreements

GlobaLex, the online legal research collection at the New York University School of Law, has just published an update to its research guide À la Recherche des Travaux Préparatoires: An Approach to Researching the Drafting History of International Agreements:

"There are two good reasons why one would go in search of the travaux préparatoires to an international agreement (and/or ask for the assistance of a law librarian in doing so). Before we go into those reasons, what exactly are travaux préparatoires?"

"The phrase is of course French and translates literally as 'preparatory works.' Synonymous phrases in English are 'negotiating history' or 'drafting history.' (...)  "

"The first reason for seeking out travaux préparatoires can be called the interpretive reason. There is doubt or disagreement about the meaning of an international agreement. Those charged with interpreting the agreement - it could be a court, or an arbitral tribunal, or anybody who is interested in the meaning of the agreement, including scholars -- will want to consult the travaux préparatoires for insight into the 'common intentions and agreed definitions' of the negotiators (...)"

"There is another reason for consulting travaux préparatoires that has little to do with interpretation as a matter of law. We can call this other reason the genetic reason. There may be absolutely no doubt about the meaning of the treaty text; it is clear to every reader, even to a lawyer. Yet, we may take great interest in how the text of the agreement evolved into its final form. In other words, the evolution of the text has intrinsic historical interest."

Updated Research Guide on Investor-State Arbitration

The GlobaLex collection at New York University Law School has updated its research guide on International Arbitration Between Foreign Investors and Host States (Investor-State Arbitration):

"International arbitration between a foreign investor and a host State results from their agreement to solve their disputes in this manner. That agreement may take the form of a contractual provision (including those in a legal stability contract or a subsequent arbitral agreement), but increasingly it is the result of a foreign investor accepting a State’s standing offer to arbitrate disputes in international investment agreements (IIAs); primarily bilateral investment treaties (BITs) and free trade agreements with an investment chapter... "

"According to the United Nations Conference on Trade and Development (UNCTAD), there are over 3,286 IIAs in force. States often make information about IIAs. they are party to available online in order to promote investment and increase the transparency of their investment climate. Foreign affairs and trade ministries, relevant sectoral authorities and trade and investment promotion authorities are natural sources for this information."

Related Library Boy posts include:

• International Investment Agreements and Human Rights (May 20, 2008)
• Investment Treaty Arbitration Website from University of Victoria (June 16, 2010)
• Osgoode Hall Law School Launches International Investment Arbitration Website (October 11, 2011)
• Library of Parliament Article on Ratifying and Implementing Trade and Investment Treaties in Canada (October 31, 2016)

Canadian Association of Law Libraries Webinar on UN Treaties

The Canadian Association of Law Libraries (CALL) is hosting a webinar on April 5, 2017 called Uncovering UN Treaties. It starts at 1PM Eastern time:

"This session will provide an introduction to the UN Treaty Website. Participants will learn about the main databases available from the UN Treaty Website: the UN Treaty Series and the Multilateral Treaties deposited with the Secretary-General, and how best to search them. Additionally, participants will be introduced to a few other UN publications and websites helpful in treaty research."

The speaker is Susan Goard, law librarian at the Dag Hammarskjold Library at the United Nations headquarters in New York.

Library of Parliament Article on Ratifying and Implementing Trade and Investment Treaties in Canada

The Library of Parliament blog HillNotes has published a brief overview of the process for Ratifying and Implementing Trade and Investment Treaties in Canada:

"Under Canada’s constitutional system, the conduct of foreign affairs is a royal prerogative power of the federal Crown."

"Consequently, the Executive Branch has the exclusive power to negotiate and conclude international treaties. Parliament has the exclusive power to enact legislation to implement those treaties."

"As Canada continues to enter into such treaties, a number of important questions arise:

• What is the interaction between Canadian and international law in the treaty-making and implementation processes, particularly in relation to trade and investment?
• What measures must the Executive and Legislative branches take so that these treaties can come into force?
• What formal role do the provinces and territories play in the negotiation, ratification and implementation of trade and investment treaties?"

Free Oxford University Press Resources on Brexit

Oxford University Press has made a number of resources freely available relating to this week's referendum in the United Kingdom on its continued membership in the European Union:

• From Oxford Scholarly Authorities on International Law, leading commentary on the articles of the Vienna Conventions on the Law of Treaties on Termination and the Consequences of a Termination
• From Oxford Handbooks Online, an overview of accession and withdrawal in the law of the EU
• From Oxford Scholarship Online, a scholarly analysis of accession and withdrawal after the Lisbon Treaty 
• the Brexit Debate Map will help readers keep track of recent commentary on and information about the legal consequences of a Brexit

[Source: Off the Shelf, Osgoode Hall Law School Library Blog]

Updated Research Guides From GlobaLex

One of the sources I consult for research guides on international law topics is GlobaLex, the electronic collection created by the Hauser Global Law School Program at the New York University School of Law.

It recently updated a number of its excellent research guides:

• A Guide to Fee-Based U. S. Legal Research Databases: "This guide is designed primarily for non-U.S. legal researchers. It describes several providers of legal research databases, focusing on fee-based sources, both high-cost and low-cost (...) Among commercial providers, WestlawNext, Lexis Advance, and Bloomberg Law (including Bloomberg BNA and PACER) are the largest and most sophisticated in terms of search features in searching and other features), but often the most expensive. Fastcase, Casemaker, and VersusLaw are considered to be low-cost databases. Specifically, Casemaker and Fastcase are free to state bar members in many states. Additionally, Bloomberg BNA (included in Bloomberg Law), CCH IntelliConnect, HeinOnline, and Thomson Reuters Checkpoint provide expensive, sophisticated, and specialized products for practitioners in areas such as labor law, environmental law, securities, taxation, and immigration law. Although they have not been introduced in this article, other important fee-based databases are PACER (also included in Bloomberg Law), CourtLink (by Lexis), Courthouse News Service, Law360 (also included in Lexis), and CourtExpress (by Westlaw) for court docket and case information service, Lexis Securities Mosaic for securities, LexisNexis Accurint for public records, AILA Link for immigration law, vLex and Foreign Law Guide for foreign laws, WorldTradeLaw.net for international trade law, and Proquest Congressional for legislative history research, etc."
• International Trademark Law – The Madrid System: "Registration of trademarks in multiple jurisdictions around the world is governed by two independent treaties—the Madrid Agreement (the Agreement) and the Madrid Protocol (the Protocol). Despite its name, the Protocol is a separate treaty and not a “protocol” to the Agreement. Together, the Agreement and the Protocol are known as the Madrid System for the International Registration of Marks (the Madrid System). States party to the Agreement and/or the Protocol and organizations party to the Protocol are referred to collectively as Contracting Parties. Together, they constitute the Madrid Union, which is a Special Union under Article 19 of the Paris Convention. The Madrid System is a centrally administered system (by the International Bureau of the World Intellectual Property Organization, WIPO) for obtaining a bundle of trademark registrations in separate jurisdictions, creating in effect a basis for an "international registration" of marks. This guide is intended to highlight the resources and important issues encountered in using the Madrid System for the international registration of marks."

Law Library of Congress Chart of Laws of 157 Countries on the Extradition of Citizens

The Law Library of Congress in Washington, D.C. has published a chart on the conditions that apply to the extradition of citizens in 157 jurisdictions around the globe.

According to an explanatory blog post:

"Of the countries surveyed, 60 were found to have laws that prevent the extradition of their own citizens, while the laws of 31 other countries generally allow such requests."

"In the remaining 66 countries it appears that the extradition of a citizen may be approved in certain circumstances. For example, many require that such an extradition be provided for in a bilateral treaty with the requesting country or in an international convention signed by the countries. Other requirements may apply in different countries, or they may have a provision that simply allows a government minister to refuse the extradition of a citizen."

CLA Digest for March 2016 - Library Associations Opposed to Copyright Provisions of TPP

The March 2016 issue of the CLA Digest is available online. It is the news bulletin of the Canadian Library Association.

Among the items in this issue is an explanation of the opposition of a number of library associations to Chapter 18 of the proposed Trans-Pacific Partnership (TPP) Agreement:

"The Canadian Library Association, the Canadian Association of Research Libraries, and the Canadian Urban Libraries Council have jointly prepared a statement in response to the text of the Trans-Pacific Partnership. Our associations speak on behalf of Canadian researchers, students, educators and millions of others who rely on libraries for the development, preservation, and dissemination of Canadian content."

"We believe that Chapter 18 of the Trans-Pacific Partnership in its current form will have significant negative impacts on the way that knowledge is shared and culture is preserved in this country. By accepting the provisions in Chapter 18 Canada has agreed to changes in copyright that favour powerful foreign interests and ultimately constrain the preservation, access and use of Canada's historical knowledge and culture."

New Zealand Law Commission Report on Extradition and Mutual Assistance in Criminal Matters

The Law Commission of New Zealand has published a final report on Modernising New Zealand’s Extradition and Mutual Assistance Laws.

The report recommends that the Extradition Act 1999 and the Mutual Assistance in Criminal Matters Act 1992 be repealed and replaced by more modern, simplified legislation. The Commission has prepared draft Extradition and Mutual Assistance Bills for the Government to consider

In terms of extradition, the Commission is proposing a two-category approach. There would be a simplified extradition procedure for requests from Australia and approved countries. Requests from any other country would be processed using the standard extradition procedure.  The main difference between the two would be that under the standard procedure the District Court would examine the strength of the prosecution case against the person sought to determine if there is a case to answer. The evidence for that inquiry would be presented in summary form. Under the simplified procedure there would be no evidential inquiry.

The draft Mutual Assistance Bill would broaden the types of assistance that New Zealand can provide to foreign countries in criminal investigations and prosecutions.

The report also examines the practices concerning these questions in the United Kingdom, Australia, Canada, and the United States.

Updated Guide to Research on Vienna Convention on Consular Relations

GlobaLex, the electronic collection created by the Hauser Global Law School Program at the New York University School of Law, recently updated its Guide to Research on Vienna Convention on Consular Relations:

"Article 36 of the Vienna Convention on Consular Relations, to which 177 nations are party, requires a nation arresting or detaining a foreign national to afford the detainee access to his or her consulate and to notify the foreign national of the right of consular access. In the number of U.S. cases involving foreign nationals, defendants have raised the issue of failure by the detaining authorities to make the necessary notifications. Many of these cases have involved death penalty and a number of cases have been heard by the Supreme Court. A series of U.S. Supreme Court decisions have underscored the difficulty of this issue: treaties are negotiated on behalf of the United States, while arrests and prosecutions are made on the local level. Although the principle of U.S. compliance with the treaty obligations is accepted, enforcement has been spotty, and there has been no meaningful penalty for non-compliance at the local level. Foreign governments have brought challenges to the United States in the International Court of Justice, which has ruled against the United States on three occasions during the period from 1998 through 2004. Following the latest ICJ ruling, the Bush Administration withdrew from the Optional Protocol to the Consular Convention submitting to the jurisdiction of the International Court of Justice. This guide describes sources required to research the issue of compliance with the Vienna Convention notification obligations; whether the need is of a practical or scholarly nature."

The Guide is divided into sections on:

• treaty sources
• preparatory works
• materials on implementation and interpretation in the USA
• jurisprudence
• secondary sources