This conference of law librarians is convened around the theme of “New Rights — New Laws.” I want to argue that, with regard to information, while there are new laws aplenty, there are in fact no new rights. Worse, we are presently witnessing a steady erosion of even the existing public rights of access to and use of information content, whether of a legal nature or not. In fact, there is mounting evidence that the idea of the public domain itself is under serious attack both as a concept and as a collection of practices. The global privatization of cultural and intellectual content in ways unimaginable only a few decades ago is actively threatening the established structures of scholarly communication, to the increasing disadvantage of the less-developed South. Intellectual property (IP) rights are being extended into new areas, as the patent system, for example, expands into biotechnology, agriculture and medicine, while copyright, patent and trade secret protection is claimed even for computer software, mathematical algorithms, and business methods. IP protection is under discussion for indigenous knowledge, and not necessarily for altruistic reasons. And as the useful shelf life of such content shortens, the protection afforded to it lengthens disproportionately in a disturbing pattern that nearly always favors rights holders and their claims above even the most rudimentary forms of public good.

Both theoretically and constitutionally, South Africa is a secular state with many religious and non-religious groupings co-existing with each other. The reality is that there is widespread observance of both religious and customary law — despite a lack of or limited recognition thereof under the apartheid government. The non-recognition of other forms of law in South Africa has had negative consequences and the remedial efforts of the present government is visible both in the area of customary law and also Muslim Personal Law, hereinafter referred to as MPL. This paper will confine itself to discussing the law reform efforts in respect of the recognition of Muslim marriages.

I thank the International Association of Law Libraries for your warm hospitality. I am glad to have had the chance to meet with you and learn about your work, and I wish you well as you meet the challenges of the technological era where law books are giving way to internet links.

The World Trade Organization was established in 1995 and brought together countries from around the world for the purpose of fairly regulating the trade of goods, services, and intellectual property between its member states. While treaties and other trade agreements have existed between countries for hundreds of years, the WTO's most significant innovation is its dispute settlement process through the Dispute Settlement Body. Countries agree to be bound to the decisions of the DSB upon their admittance into the WTO. The DSB is a two-tiered adjudicative system consisting of the lower panels and the higher Appellate Body.

The United States, under both the Obama and Trump administrations, has blocked the appointment of AB judges. This tactic has limited the number of active judges to three. The AB normally has seven members. The United States has listed a number of reasons for their boycott of the system, among them is that the AB is functioning as if its reports are to be binding precedent on the lower panel and to future DSB cases, in a manner similar to stare decisis. This issue has been observed over the years and there is conflict between interpretations of precedent under Article 3:2 of the Dispute Settlement Understanding and Article IX:2 of the WTO Agreement. Caselaw of the DSB from over the years has also raised interesting questions and the appearance of the use of precedent.

This article will be examining the historical fundamentals and use of precedent and the doctrine of stare decisis. It will then turn into an examination of the institutional and regulatory framework of the WTO, particularly Article 3:2 of the DSU and Article IX:2 of the WTO Agreement, and whether it allows or leaves room for a system of binding precedent. Finally, jurisprudence of the DSB will be surveyed for evidence of this system. Reports that will be examined are Japan-Alcoholic Beverages, India-Patents, India-Autos, and Australia-Plain Packaging Tobacco.

It is perhaps the vanity of every generation to believe that it is experiencing a unique moment of radical cultural transformation; yet there do seem grounds for believing that this is so in relation to the Irish legal system. In the past decade there have been changes, at a structural and philosophical level, of an intensity that has not previously occurred over centuries.

As the practice of law crosses national (and linguistic) borders with increasing frequency, the need for tools that facilitate the transnational practice of law becomes more acute. Bilingual legal dictionaries (BLDs) are one critical such tool, as they offer access to legal systems as well as the languages of these systems. Unfortunately, librarians have offered scant criticism of BLDs, many of which are not particularly useful. This article summarizes critical problems with BLDs and offers an approach to resolving these problems by focusing upon the quality of the entries, or definitions, that BLDs provide.

The international refugee law regime that was created in the wake of the Second World War does not comprise distributive principles as a result of which geographical proximity functions as the primary distributive mechanism. Consequently, the distribution of refugees is unevenly shared among states, understandably giving rise to calls for burden sharing. Rather than states, the United Nations High Commissioner for Refugees (hereafter: UNHCR) is charged with resettlement of refugees and it depends on the discretion of (too few) states to offer resettlement places. One of those states is the Netherlands, which has set an annual quota of 500 refugees (including their relatives) for resettlement. Dutch practice with respect to its ‘quota refugees’ appears to be illustrative of the current use of ‘resettlement’ as neither a form of burden sharing nor necessarily a durable solution for the problem of refugees. It invites to revisit the solution of ‘resettlement’ against the background of legal developments, state and UNHCR practice, using fuzzy logic as an analytical tool.

Ever since Joseph Schacht, whose book An Introduction to Islamic Law is on the short list of books on Middle East law, said that Islamic law is the epitome of Islamic thought, in other words, you can't understand Islam without understanding Islamic law, Middle Eastern studies and their journals invariably include classical Islamic law in their coverage of the subject with little attention given to modern legislation. This is particularly obvious in the bibliography of periodical literature which disregards the increasing number of studies on the modern law of the Middle East appearing in law journals. Even entries described as positive law, a category recently added to John and Marianne Makdisi's eminently useful compilation on Islamic law, comes no closer to giving a realistic picture of the applicable law. To illustrate what I mean, titles under positive law dealing with insurance, banking, and interest, concentrate on Islamic law's position on these subject-matters at a time when modern legislation in most Arab states has completely discarded that position.

Law may be considered as an intellectual construction and thus an object of theoretical study or as a social science and thus to be studied in its social setting or it may be considered as a technique. Whatever view may be taken, it is suggested that the raison d'être of the law is to bring about the greatest measure of peace and justice. It is this which gives it its greatest importance and its dignity. Whatever view may be taken however, and for whatever purpose the law may be either studied or applied, it is undeniable that its study and application will become more effective by an increase of information about it.

Twenty years ago, most of the users at the University of Oslo's Faculty of Law Library (UOFLL) were what we would call “Norwegians from Norway”. They came to the library to find Norwegian domestic law to address issues of purely domestic concern. In recent years, bilateral, regional and global agreements have increasingly become an integral part of our domestic legal system.

On July 17, 1998, the world community voted on the Rome Statute for the International Criminal Court (ICC,) which, if ratified by 60 countries, would establish for the first time in history, a permanent international criminal tribunal. The outcome was an overwhelmingly favorable vote, with 120 countries voting in favor, 21 abstentions, and 7 countries, including the United States, against. The idea of an international criminal court appeared to be in the making.

This contribution to the IALL Annual Course 2001 focuses on electronic law journals, an issue that doesn't seem to arouse much interest in either the Serials Community or the Legal Community. Electronic law journals are hardly ever mentioned by the Serials Community, which seems more occupied with scientific, technical and medical (STM) electronic journals than with journals from other disciplines. Electronic law journals don't attract many comments from the Legal Community either. There has been in the past few years an occasional focus on the topic, but it aimed essentially at proving that electronic journals in law had no particular reasons to survive the era of electronic self-publication. As such however, the phenomenon of electronic journals is rarely addressed by the professionals of legal information.

The desirability of applying uniform standards to international documentation is well recognized. The need to “identify and consider adoption of established, relevant standards aimed at improving retrieval” was expressed by Helen Seymour at the 1972 International Symposium on the Documentation of the United Nations and Other Intergovernmental Organizations. Among the final recommendations emanating from that meeting were Number 31, which calls for application of the International Standard Book Number (ISBN) system, and Number 33, which calls for adoption of the International Standard Bibliographic Description (ISBD). In line with this thinking, I would like to suggest the development and adoption of a standard for the bibliographic citation of international documents.

In 1995 the Constitutional Assembly Database Project (the Project) began to publish the proceedings of South Africa's Constitutional Assembly on the Internet. The Project finished this work, the first of its kind anywhere in the world, in 1996, but the Database has not been available since a computer crash in 2000. This paper is the first account of the history of the Project. The paper argues that it is important to restore access to the Database, but in a way that will not repeat the mistakes made when setting up the database.

We live in a complex and interdependent world. Our planet seems to have become much smaller than it used to be only a few decades ago. We know almost instantaneously what is happening in places thousands of miles away, and we also know that most world events are interrelated and affect us all, wherever we might live or whatever nationality we might belong to. Movements of goods, people and ideas across national borders and the constant interplay of national interests of states continuously create situations which demand and command international attention and cooperation. States and intergovernmental organizations are thus required to assume the roles of principal actors on the world stage where the contemporary human drama is being played with much greater number of participants and intensity than ever before. The number of independent nations has increased dramatically during the last decades. Their mutual relations accordingly require a multitude of various formal and informal arrangements unprecedented in quantity as well as complexity. It is a fact of life that no nation today can afford to live in complete isolation from all its neighbors. The economic and political realities simply do not permit it. As a result, therefore, networks of international agreements under a variety of names (for the purposes of this paper we shall call them all treaties) have been growing like mushrooms after a good autumn rain, attempting to define, reconcile, harmonize, adjust and regulate the whole spectrum of competing national interests, aspirations and needs of the multimember family of nations. The sheer number, diversity and complexity of the world treaty picture has reached such a degree of difficulty in recent years that some scholars have described the situation as a “state of confusion” or even a “treaty jungle”. Librarians are very much in the middle of this situation, being called upon to provide bibliographic guidance to and through this “jungle”. It may therefore be useful to present here, within the prescribed limited confines of this paper, a quick look on the degree of accessibility to treaty information in the world today, to discuss briefly some of the types of treaty research tools that are and are not available, and to conclude with a number of suggestions for possible improvement.