FCIL Newsletter, October 1995

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FCIL Newsletter / October 1995

What's New on INT-LAW?

Janice Selberg
Wayne State University Law Library

The Fall brings more messages on a variety of international law topics, from new Web sites to old Scottish trespass law.

New Trade Journal for International Attorneys: Call for Papers

Eric V. Blanchard, Editor-in-Chief, 8 June 1995: Currents: International Trade Law Journal, which is published at South Texas College of Law, targets international attorneys and business executives with international concerns. It is a practical and scholarly reference source on legal issues underlying the global expansion of trade.

We are always seeking quality articles for publication and would appreciate any insightful paper you would care to submit. Our article format is unique to the academic professional because we use endnotes rather than footnotes. This allows our readers to proceed uninterrupted in their perusal of an article and only check sources where they find need or interest. The normal double-spaced length of our articles is between thirty to forty pages.

Our unique format allows coverage of a wide range of topics within a single issue.... We respect submissions and limit our editing to technical, not stylistic or substantive, matters. Our editorial board is small but very competent.... If we can be of any assistance, please feel free to contact us at 713-646-1768 or by mail or e-mail.

United Nations Scholars' Workstation

Martha L. Brogan, Yale University Library, 15 June 1995: The United Nations Scholars' Workstation at Yale University has been established as a web site at http://www.library.yale.edu/un/unhome.htm

Developed by the Yale University Library, the Social Science Statistical Laboratory, and United Nations Studies, the site is a collection of digitized texts, finding aids, data sets, maps, and pointers to print and electronic information. Subject coverage includes disarmament, economic and social development, environment, human rights, international relations, international trade, peacekeeping, and population and demography. The site is organized into three main sections:

  1. Academic information about "UN Studies at Yale University" describes the curriculum and faculty as well as the Independent Working Group on the Future of the United Nations and its report, "The United Nations in its Second Half Century."
  2. "Research Tools to Locate UN Information" includes guides to the use of Yale's UN depository collection, how to find UN materials in Yale's online public catalog, how to search Nexis/Lexis for UN information, access to key UN web sites, descriptions of UN-related compact disks, a bibliography of recently acquired UN documentation and secondary literature, and information about numeric data sets pertinent to international relations research.
  3. "Research Approaches to UN Information" offers access to other sites on the Internet, reorganized so that it's possible to search by the UN organizational structure, by research topic, by geographic area, or for biographical information.

Statement of Principles on Nuclear Nonproliferation

Janice Selberg, Waynes State University Law Library, 23 Aug. 1995: I am looking for the text of the Statement of Principles on Nuclear Nonproliferation, released in May, 1995. I have checked ILM and LEXIS.

Wiltrud Harms, Boalt Hall Law Library, Berkeley, 24 Aug. 1995: The UN Press Release series posted on the UNDP gopher server coded DC/ (labelled "Disarmament Commission," but actually broader in its scope and also reporting on the Treaty on the Non-Proliferation of Nuclear Weapons), has information on your wanted statement. According to UN Press Release DC/2510 of 11 May 1995, it is actually a "declaration on principles and objectives for nuclear non-proliferation and disarmament." From the April and May postings, I printed out DC/2491 and DC/2510 for our patrons here at Boalt because they provide helpful background and the final outcome of the 1995 Review and Extension Conference of the Parties to the Treaty.

I could not find a documentary reference to the text of the declaration, but looking at other references we can expect to find the declaration (or perhaps the text of the draft which was adopted without a vote) in the document series NPT/CONF.1995/-. There is a reference to a draft decision (not to be confused with the declaration) on the principles ... as being contained in document NPT/CONF.1995/L.5. Probably this document contains a documentary reference to the declaration.

The UN does not offer the series NPT/- for sale but UN depository libraries should receive it. Since you know that the document was issued in May, I would assume that UN depositories should have gotten it by now. I am not sure whether READEX publishes this series on microfiche.

Ellen Schaffer, Georgetown Law Library, 24 Aug. 1995: The Statement of Principles is coming out in the July issue of ILM that is supposedly in the mail. We don't have it yet.

I have the NPT document you refer to (L.5) and it is the draft text of the Principles and Objectives ... issued on May 9, 1995.

Peter Van Leeuwen, Readex, 28 Aug. 1995: Further to Wiltrud's posted reply of 8/24/95 regarding the UN's NPT/- series ...

Yes, Readex does provide the NPT/- series in our UN microfiche product offerings.

Tribunal for the former Yugoslavia

Gabriele Gatti, University of Siena, 7 Sept. 1995: Can anybody suggest an Internet site for news and documents from the Tribunal for the Former Yugoslavia? UN sites don't seem to contain any useful information on this subject. (W. Harms has recently informed us int-lawyers that the first Annual Report of the Tribunal is contained in UN Doc. A/49/342, S/1994/1007, but I couldn't find this doc in the net.)

John Carey, 7 Sept. 1995: I understand the Tribunal is in the process of setting up an Internet site.

Japanese Commercial Code

Sushila Selness, 7 Sept. 1995: I need a copy of the Japanese Commercial Code with 1993 amendments. Is this available on the net? A paper copy will also suffice if available.

Lyonette Louis-Jacques, University of Chicago Law Library, 7 Sept. 1995: I don't know whether the Japanese Commercial Code is on the Internet offhand, but you can check at http://www.pls.com:8001/ or gopher://lawnext.uchicago.edu/hh/.web/intl.html As for hardcopy/print, codes of laws are sometimes separately published and cataloged, so you can do a search by title in OCLC or RLIN, by subject (Commercial Law -- Japan), and limit by language (don't know if you're looking for English translation or Japanese text). Both OCLC and RLIN have user-friendly interfaces (WorldCat and Eureka, respectively). Individual online library catalogs can also be searched, including the University of Washington below.

Otherwise, translations are included in the EHS Law Bulletin Series and Doing Business in Japan (a red looseleaf set). Reynolds and Flores' Foreign Law looseleaf will provide cites to sources of the Commercial Code in Japanese and in English translation. And guides to researching Japanese law will also refer to sources of the Commercial Code.

Lastly, the University of Washington Gallagher Law Library has an East Asian Law Department (formerly Comparative Law Department) which focuses on reference and collection development work on Japan, China, Hong Kong, Korea, Macau, and Taiwan. They have one of the strongest collections of Japanese law in the U.S., and are great contacts if you re having difficulty finding current Japanese laws. I don't remember the telnet address for their online catalog offhand, but if you need it, I can dig it up from my files though there should be a link to it via gopher://lawnext.uchicago.edu/hh/.web/misc.html

Jeanette Sidon, 15 Sept. 1995: If it is not available anywhere else, try contacting Eibun-Horei-Sha (Codes Translation Institute, Inc.) in Tokyo: 4-7 Hirakawacho 2, Chome Chiyoda, Ku, Tokyo Japan; telephone 03-5276-5955; fax 03-5276-5572.

Russian Copyright

David Grainger, SCALE, Canberra, Australia, 8 Sept. 1995: I would appreciate any assistance that you may be able to provide in urgently locating any Internet sites or Australian library locations for Russian legislation on intellectual property.

Elliot Chabot, U.S. House of Representatives, 8 Sept. 1995: There is some material on Russian copyright law at http://www.spb.su:80/rulesreg/3/ind_intl.html

Lyonette Louis-Jacques, University of Chicago Law Library, 8 Sept. 1995: Some approaches to getting hardcopy/paper texts of the legislation are: look in library catalogs under World Intellectual Property Organization (WIPO), as they publish a set of English translations of laws on intellectual property worldwide; look for looseleaf sets on international intellectual property or intellectual property in Eastern Europe or in Russia specifically; look for general compilations of Russian laws (there are sets with names such as Collected Legislation of Russia, Russia and the Republics). Igor Kavass has written several books and articles on Russian law resources -- look under his name or under Thomas Reynolds in catalogs and periodical indexes. Looseleaf sets on business or investment tend to include intellectual property laws also. A good place to start to identify the titles of relevant sources besides doing searches in catalogs and indexes is Reynolds and Flores' Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World (for each country it has a list by subject of laws in English translation, and references to sources of the texts of laws in the vernacular).

Alan Edwards, University of Otago, New Zealand, 11 Sept. 1995: Further to Lyo's note that the World Intellectual Property Organization (WIPO) ... publish a set of English translations of laws on intellectual property worldwide....

WIPO (as updates to the original set?) publishes national laws and international legal instruments (in English) on 'Copyright and Neighbouring Rights' and on 'Industrial Property' as supplements to its journal Industrial Property and Copyright (from 1995). (Until 1994 these supplements were published with the WIPO journals Copyright and Industrial Property, respectively.)

This material is designed to be separated from the journal and filed as independent collections, so locating a library which holds the journal(s) may be only the first step in finding the material.

(The Cumulative Index in the Copyright translations of January 1995 notes Russian or Soviet copyright-related legislation in the issues of Copyright: 1983, nos. 7-8; 1993, no. 5; 1994, nos. 1 & 4. See also issue 4 of 1995 in Industrial Property and Copyright).

(The Cumulative Index in the Industrial Property translations of January 1995 notes Russian or Soviet copyright-related legislation in the issues of Industrial Property: 1977, no. 2; 1983, no 6; 1986, no 9; 1991, no 9; 1990, no. 5; 1993, nos. 3 & 4; 1994, no 4. See also the May and June 1995 issues of Industrial Property and Copyright).

Registration of Pesticides

Pat Gudas, BALTO, 12 Sept. 1995: I am looking for laws or regs on the registration of pesticides/fungicides in South Africa and New Zealand. Must the registrant be a person or company incorporated in the country? All ideas appreciated!

Alan Edwards, University of Otago, New Zealand, 18 Sept. 1995: The relevant New Zealand act is the Pesticides Act 1979. It talks in terms of the 'proprietor' of a pesticide, i.e., the manufacturer (if the pesticide is made in NZ) or the importer (if the pesticide is imported). There does not seem to be any requirement for the registrant to be incorporated in NZ.

For a pesticide which is to be imported, the 'proprietor' can seek registration if the pesticide is registered in, and is to be imported from, a 'specified country.' (The Minister has power to 'specify a country' if it has a pesticide registration scheme in accordance with, or not less onerous than, the scheme set out in the FAO Guidelines for the Regulation and Control of Pesticides.)

Australian Law on the Terminally Ill

Suzanne Thorpe, University of Minnesota Law Library, 13 Sept. 1995: I would like to learn the status of a recent bill passed on May 25th 1995 by the Legislative Assembly of the Northern Territory of Australia.

I checked an Australian website which contained the text of the original bill, the proof copy of the bill, transcripts of debates, and some other information. This site has not been updated since July. It stated that as of that date the bill had not yet been enacted.

I would like to obtain a copy of the law as enacted (if this has happened in the intervening months). Also, a faculty member here believes that there may be some case law related to it. If so, I would appreciate information about the case as well.

Kathy Kane, University of Tulsa, 15 Sept. 1995: One of our students in a law and medicine seminar needs a copy of the "Rights of the Terminally Ill" bill as passed by the Australian Northern Territory Legislative Assembly on May 25, 1995. All she has been able to find on the Internet so far has been the proposed legislation, without changes. She would also like any legislative history available on this same bill. Could any of you Australian librarians help us find this for her?

Susan Downing, Australia, 15 Sept. 1995: The Rights of the Terminally Ill Act 1995 was assented to on 16 June 1995 and will come into operation after the Administrator places a notice in the Gazette. As I understand it, no such notice has been placed in the Gazette and therefore the Act has not yet entered into force.

There have been reports in the press about flaws in the Act which may explain the above delay. One flaw seems to be that the qualifications required of the second medical practitioner (i.e., a diploma of psychological medicine) on one interpretation may not exist and on a wider interpretation may only include a very small number of practitioners in the Northern Territory.

I think that there is also a problem with the existing criminal code in the Northern Territory. I believe that there may still be a criminal offence of assisting a suicide, although I have not checked.

Electronic Newsstand for International Publications

Lyonette Louis-Jacques, University of Chicago Law Library, Sept. 1995: The Electronic Newsstand now has a web site at http://www.enews.com/ There, you can find the tables of contents of International Legal Materials (including selected background information about a major treaty, case, or other international document), American Journal of International Law, International Organization, Foreign Affairs, The Economist, International Security, Der Spiegel, Irish Times, and other national and international news journals and magazines. It also includes information on how to order print copies of these resources, and has links to selected Internet sites for nations and international organizations.

International Documents

Irene Berkey, Northwestern University Law Library, 14 Sept. 1995: I have been asked to locate electronic versions of the full text of the following documents.

  • Completing the Internal Market: White Paper from the Commission to the European Council (1985) (COM/85/310/final)
  • European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) 213 UNTS 221; ETS 5

I have tried LEXIS and WESTLAW, echo.lu, and the Fletcher Multilateral web site, but might have missed something. (For the European Convention, Fletcher indicates that the document is available from the Amnesty International gopher, io.org, but I have been unable to connect.)

Sue Crocombe, Australian National Library, 15 Sept. 1995: http://www.ncf.carleton.ca/freeport/social.services/amnesty/st andards for the Human rights convention.

David Swarbrick, Solicitor, UK, 15 Sept. 1995: We have this on the BBS. If you want to try a 50k e-mail message I can post it. Just Mooting UK Law BBS +44 (0)1484 401139. Free.

Energy Charter Treaty

Tracy Angel, TransCanada Pipelines Ltd., 14 Sept. 1995: I am urgently trying to find a copy of the Energy Charter Treaty which was signed in Lisbon in December, 1994. This is a wide-ranging multilateral agreement which aims at fostering energy cooperation and energy trade between most OECD member states, former Soviet republics, Central and East European countries. I have tried various treaty and legal web sites but to no avail.

Wiltrud Harms, Boalt Hall Law Library, Berkeley, 14 Sept. 1995: You can find the text of the Energy Charter Treaty plus an introductory note, a content summary and the text of the Final Act in International Legal Materials, vol. 34, no.2 (March 1995), on pages 360-454 (in Lexis/Nexis: library INTLAW, file ILM).

Fleet Street Reports of Patent Cases

Huntington, 14 Sept. 1995: I've been asked to locate a case -- Union Carbide Corp. v Naturin Ltd. [1987] F.S.R. 538 -- (Fleet Street Reports of Patent Cases). I was wondering if anyone was aware of any sites where English Patent Cases are online.

S.H. Carter, 15 Sept. 1995: The Lexis ENGGEN library CASES file includes cases reported in FSR.

UNDP Gopher?

Antje Mays, Citadel, 15 Sept. 1995: Does anyone remember the address for the UNDP gopher? Is there a WWW site of similar scope?

Sally Kelley, University of Arkansas, 15 Sept. 1995: The UNDP WWW URL is http://www.undp.org

Debra Guzman, 15 Sept. 1995: The UNDP gopher is gopher://gopher.undp.org

Scottish Trespass Law

Kip Augustine Adams, Brigham Young University Law Library, 15 Sept. 1995: I teach a first year torts course. When we discussed trespass to land, a student newly arrived from Scotland said that, traditionally, Scotland had no rule prohibiting what we would call trespass to land. Does anyone know anything about this rule, or where I might be able to gather more information?

Sanwar Ali, UK, 16 Sept. 1995: I expect that Scotland's laws on trespass are similar to those south of the border. In England trespass does not constitute an offence. However armed trespass carries something like seven years.

David Swarbrick, Solicitor, UK, 17 Sept. 1995: I am certainly not a Scots lawyer, but I seem to remember the Scots law on trespass being different to our own.

Also, whilst trespass to land simpliciter may not be an offence, it is getting more and more difficult to trespass without committing one of the many related offences which now exist.

Alan Edwards, University of Otago, New Zealand, 18 Sept. 1995: In 18 (para 180-190) of The Laws of Scotland: Stair Memorial Encyclopaedia (Edinburgh, 1993) indicates that trespass by persons, animals, and things does indeed exist in Scottish law.

Para 182 says "trespass may also be a criminal offence, but there is no general rule by which trespass is a crime, and its criminality depends on a series of statutes dealing with particular kinds of intrusion. The most important of these are the Trespass (Scotland) Act 1865, which makes it an offence to lodge or encamp on private land, and the Game (Scotland) Act 1832 and the Night Poaching Act 1828, which deal with trespass in pursuit of game-poaching, in other words."

Bermuda Arbitration Law

18 Sept. 1995: Could anyone send me some information about how to locate a 1993 Bermuda statute on Arbitration. I was told that this is the most recent Bermuda statute. Any help would be greatly appreciated.

Lou Ellen Runyan, Steptoe and Johnson, Washington, DC, 18 Sept. 1995: Just doing some International Arbitration work so I had your answer handy. I have the Bermuda International Conciliation and Arbitration Act of 1993 in two different sets: The International Handbook on Commercial Arbitration by Kluwer (Vol 1), and International Commercial Arbitration by Oceana (Vol 2).

Summit of the Americas

Randall J. Snyder, U.S. Department of State, 18 Sept. 1995: Is anyone aware of an Internet source for documents from the Summit of the Americas last year?

Linda Thompson, World Bank, 18 Sept. 1995: Summit of the Americas agreements are available through its home page: http://summit.fiu. edu/

Margaret Aycock, University of Houston Law Library, 18 Sept. 1995: Florida International University's Latin American and Caribbean Center established a gopher for the Summit of the Americas. The gopher presently contains the texts of documents and resolutions of the summit as well as news accounts and other related items. The Summit Gopher can be accessed at: gopher://summit.fiu.edu/

European Communities Competition Law

Currents: International Trade Law Journal, 18 Sept. 1995: I have been asked to help locate a document entitled Competition Policy in the New Trade Order: Strengthening International Cooperation and Rules.

Apparently, this document is distributed by the Office of Publication of the European Communities in Luxembourg, L-2985(?), and designated COM (95) 359 final.

Ken Grabach, Miami University of Ohio, 18 Sept. 1995: If the other respondents to this list knew where Currents@starbase was physically located, or had a fax number for you, you might get a printed copy of the document. The European Documentation Centres (EDCs) and Depository Libraries (DEPs) of the European Union, in Europe and North America have COM documents, many receiving them in microfiche. I know this because my library has just become an EDC. I have not yet received our first COM document, yet, but I am sure other libraries have. [Note: See first message Currents.]

World Bank Data

Reuben Cleetus, 18 Sept. 1995: I m sorry if this message is not posted correctly, but could someone please help me in locating any World Bank data.

I'm searching for a site or anything else on the Net where I can access World Bank Data, plus any good reference books that would help me do the same.

Linda Thompson, World Bank, 18 Sept. 1995: The World Bank has a public server with information about projects, publications, the Inspection Panel, etc. URL: http://www.worldbank.org/

Olga Shargorodska, 19 Sept. 1995: The Consortium for International Earth Science Information Network (CIESIN) and the World Bank are pleased to announce experimental Internet access to two major World Bank datasets:

  • Social Indicators of Development, 1994 http://www.ciesin.org/IC/wbank/sid-home.html
  • Trends in Developing Economies, 1994 http://www.ciesin.org/IC/wbank/tde-home.html

For further information contact: CIESIN User Services, 2250 Pierce Road, University Center, MI 48710; telephone 517-797-2727; fax 517-797-2622; email: ciesin.info@ciesin.org

Free Burma Act

A. Henderson and J. Lange, International Commission of Jurists, 18 Sept. 1995: Can anyone provide a copy, (snail mail or otherwise) of the Free Burma Bill 1995 which is currently being debated in the US Senate, sponsored by Senator Mitch McConnell?

Elliot Chabot, U.S. House of Representatives, 19 Sept. 1995: S. 1092 (the Free Burma Act of 1995) can be found at http:// www.pls.com:8001/his/12.htm

European Trademarks

Stephanie Dueck, 20 Sept. 1995: I am trying to locate copies of the European Community's trademark rules, regulations, procedures, and forms. Does anyone know if this information is available on the Internet or through another electronic media?

Olga Shatgorodska, 21 Sept. 1995:

  1. European Patent Office -- http://www.epo.co.at/epo
  2. Intellectual Property Mall -- http://www.fplc.edu/IPMALL.html
  3. U.S. Patent Office -- http://www.uspto.gov

UN Negotiation Game

Pel Wrange, Stockholm University, 21 Sept. 1995: Students at ELSA (European Law Students Association) here in Stockholm are organizing a UN day in October. They would like to include a negotiation game of some sort on the UN. Does anyone know of a ready made game of this type, and where to get it? Any hints are appreciated.

Don Buckingham, University of Saskatchewan Law, 21 Sept. 1995: While not specially a UN game, the Christian Aid Society of the United Kingdom has put out a very interesting game called "The Trading Game" which propels students to trade in manufactured shapes. Each group of students represents a country or group of states and is given a resource pack consisting of different mixes of natural resources, capital and technology. The game is supervised by the Secretary General of the United Nations, although I have most recently substituted the Director General of the WTO for the SG.

Peter Rohn, University of Washington, 21 Sept. 1995: You asked about a ready-made UN-related negotiating game. Although not "ready-made" in the sense of a packaged commodity on the shelf, it has been made and used many times and can easily be adapted to various local conditions: see 1984 Proceedings, American Society of International Law, page 205. If potential users/adapters need further details beyond the published info, they should feel free to ask me directly.

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