Yale Law Library - Foreign and International Blog
October 2010 - Posts
Foreclosures in Spain
The New York Times today has an excellent article about the
effects of foreclosure laws in Spain. In Spain, foreclosure and eviction do not terminate the debt, so after losing
their homes, many people owe the remainder of the mortgage. According to
the article, people cannot escape the debt through bankruptcy either, because
mortgage debt is specifically excluded from the bankruptcy laws.
You can find the laws in the official gazette of Spain, the Boletín Oficial del Estado.
We also have access to a database called vLex,
where you can research legislation and caselaw as well as secondary
sources. The Foreign Law Guide's chapter on Spain (also a subscription database) is an excellent introduction to the Spanish legal system. More Spanish resources can be found using the Country-by-Country guide.
If you are looking
for the laws in English you can consult the book Butterworths International Insolvency Laws.
The book will also allow you to compare laws in Spain to laws in several other
European countries. Other books and secondary sources on this subject can
be found here, in Morris.
----- Ryan Harrington
What's a Gazette?
A gazette is an official government pulication that conveys government business, news, and laws as they are passed to the public. Most countries have a gazette and many are available free online. The regularity of publication of gazettes varies by country as do their official names, naturally, as they are published in the vernacular. For example, the gazette of Peru is called El Peruano; it is in Spanish, publshed daily, and available online.
The gazette of South Korea is the Gwanbo; it is in Korean and also published online.
You can find a complete list of gazettes on our Country-by-Country Guide to Foreign Legal Research. This portal also has research guides for each country to help you get started researching the law of foreign nations.
Complete Collection of the Laws of the Russian Empire
We are pleased to report that our print Complete Collection of the Laws of the Russian Empire (Polnoe
sobranie zakonov Rossiˇiskoˇi Imperii), 1649, has been in significant use by our patrons.
PSZRI is the complete collection of legislation of the Russian
Empire and is considered one of the most monumental collections in Russian imperial law. The
collection is arranged in chronological order and should not be confused with Polnyĭ svod zakonov Rossiĭskoĭ imperii, a 16-volume set
of laws published in 1911, in
which many of the laws were systematically consolidated into topical codes rather than in chronological order.
PSZRI was begun through the efforts of Emperor Nikolas I and in
1826 entrusted to the second branch of His Imperial Majesty’s Chancellery. The set was published under the
guidance of M. M. Speranskii, from 1839-1873.
part of the project designed to establish the National Digital Library in Russia, NLR
enriched its library by digitizing the Complete Collection of the Laws of the Russian Empire. Currently, all
readers have open-access to the complete texts of the first, second and third
collections. Comments and suggestions on the use of this resource can be sent to the NLR webmaster.
This is part of one of the digitized volumes (pdf) of the Complete Law which contains beautiful illustrations of Russian crests.
----- Basia Olszowa
Highlights of New Library Acquisitions
On post-Lisbon EU:
A guide to European Union law : as amended by the Treaty of Lisbon / by P.S.R.F. Mathijsen. London : Sweet & Maxwell, 2010.
KJE947 .M38 2010
The regimes of European integration : constructing governance of the single market / Shawn Donnelly. Oxford : Oxford University Press, 2010.
JZ1570 .D67 2010
On international environmental law:
International judicial control of environmental protection : standard setting, compliance control, and the development of international environmental law by the international judiciary / Yasuhiro Shigeta. Alphen aan den Rijn : Kluwer Law International ; Frederick, MD : Aspen Publishers [distributor for North, Central, and South America], c2010.
K3585 .S53 2010
On international arbitration:
Handbook on international commercial arbitration / Peter Ashford. Huntington, N.Y. : JurisNet, LLC, c2009.
K2400 .A984 2009
On conflict of laws:
Intellectual property in the global arena : jurisdiction, applicable law, and the recognition of judgments in Europe, Japan and the US / edited by Jürgen Basedow, Toshiyuki Kono and Axel Metzger.
Tübingen : Mohr Siebeck, c2010.
K7550 .I583 2010
The private international law of non-contractual obligations according to the Rome-II regulation : a comparative study of the choice of law rules in tort under European, English and German law / Claus Wilhelm Fröhlich. Hamburg, Germany : Kovac, 2008.
KJC979.T67 F76 2008
On discrimination in employment:
Pregnant pause : an international legal analysis of maternity discrimination / Anne-Marie Mooney Cotter. Farnham, Surrey, England ; Burlington, VT : Ashgate, c2010.
K1770 .C684X 2010
Database trials for International Law, Human Rights, Tax, Tax Treaties, and eBooks
We have free trials right now for:
It is very important for us to hear whether you believe we should license any of these databases. So please use these databases and provide feedback to Teresa. Thank you!
Raoul Wallenberg Day
October 5th marks Raoul Wallenberg Day. This is
the day he was awarded United States citizenship in 1981, posthumously.
(The second person to receive this honor after Winston Churchill).
Part of 15th Street, SW in Washington, D.C., the section where the United
States Holocaust Memorial Museum is located, is named Raoul Wallenberg Place.
Raoul Wallenberg (1912-1947) was a Swedish diplomat who
worked in Budapest, Hungary, during World War II to rescue Jews from the
Holocaust; he saved tens of thousands of them. The Raoul Wallenberg Institute
of Human Rights and Humanitarian Law located in Lund, Sweden, is an independent academic institution named in his
honor. The mission of the institute is “to promote universal respect for human
rights and humanitarian law by means of research, academic education,
dissemination and institutional development.”
One of the important human rights resources in the Yale Law Library is the Raoul Wallenberg Institute Human
Rights Library. A recent example from this monographic series is International
Human Rights Monitoring Mechanisms: Essays in Honour of Jakob Th. Moller. In conjunction with Martinus Nijhoff, the
Institute publishes four serials: the Baltic Yearbook of International Law, the Chinese Yearbook of Human Rights, the Nordic Journal of International Law, and the International Journal of Minority
and Group Rights.
----- Daniel Wade
Inter-American Commission on Human Rights files first sexual orientation-based discrimination case before the Inter-American Court of Human Rights
The Inter-American Commission on
Human Rights has filed
the first sexual orientation-based discrimination
case before the Inter-American Court of Human Rights. The IACHR published the
following press release:
TAKES CASE INVOLVING CHILE TO THE INTER-AMERICAN COURT
Washington, D.C., September 20,
2010 – The Inter-American Commission on Human Rights (IACHR) filed an
application with the Inter-American Court of Human Rights in a case involving
On September 17, 2010, the IACHR filed an application
in the Karen Atala and daughters, which concerns the
discriminatory treatment and arbitrary interference in the private and family
life Karen Atala experienced due to her sexual orientation. In the Merits
Report 139/09, the Commission concluded that the State of Chile was responsible
for the discrimination against Karen Atala in the course of judicial process
that resulted in the decision to deny her the care and custody of her
daughters. The case also concerns the failure to observe the best interest of
her daughters, whose custody and care the Commission considered were determined
in violation to their rights. The case was referred to the
Inter-American Court because the IACHR concluded the State did not comply with
the recommendations contained in its Merits Report.
is the first case that the Inter-American Commission decides on discrimination
based on sexual orientation. This case will allow the Inter-American Court to
decide for the first time on the incompatibility of this type of discrimination
with the American Convention.
A principal, autonomous body of
the Organization of American States (OAS), the IACHR derives its mandate from
the OAS Charter and the American Convention on Human Rights. The Inter-American
Commission has a mandate to promote respect for human rights in the region and
acts as a consultative body to the OAS in this matter. The Commission is
composed of seven independent members who are elected in a personal capacity by
the OAS General Assembly and who do not represent their countries of origin or
Commission on Human Rights, created in 1959, is primarily charged
with the taskf promoting the observance and defense of human rights in the Americas.
The Inter-American Court of Human Rights was created in 1979. It is an autonomous judicial institution of the OAS whose task is to interpret and enforce the American
Convention on Human Rights. Decisions from the Inter-American Court of Human
Rights can be found here on the website of the Court and can also be found, along with select decisions from the IACHR, in the
Oxford Reports on International Law - Human Rights module.
human rights system helps explain the differences between the commission and the court. We
also have manuals on practice and procedure before the Court. In addition, we have a wealth
of information about the Court and Commission in Spanish. Simply
search the catalog for Inter-American Commission on Human Rights or Inter-American Court of Human Rights
as subject headings.
---- Ryan Harrington