International Law •

Welcome LLM Students!

WelcomeIt has been so great to see all of the new LLM students here at the law school during the last week or so! We are very glad you’re here. There is such wonderful energy here on campus during this time of year.

We have seen many LLM students already in our library tours and Hollis/E-Research training classes so far. If you are an LLM student and you have not had a chance to sign up for these yet, visit the Law Library Training Calendar to register – http://libcal.law.harvard.edu/calendar/researchtraining.

Comparative Law Resources in the Law Library

I often post in this blog about recently-acquired English-language comparative law resources in our collection. These types of resources can be a great way to explore the law of jurisdictions for which there are otherwise not a lot of materials in English.

One of our newer books, for example, will be very helpful to researchers who would like to conduct a multi-jurisdictional exploration of patent law:

Patent Enforcement in the U.S., Germany, and Japan
Toshiko Takenaka, et al.
Published in 2015 by Oxford University Press
Law Library, Langdell Building 3rd floor
Call number K 1505 .T35 2015

The lead author is a technology law professor at the University of Washington Law School, where she also completed her LLM and PhD. The book represents her collaboration on this subject with law professors and patent law attorneys in Germany and Japan. Topic covered include infringement, validity challenges, enforcement procedures, and remedies for each of the three jurisdictions.

Library of Congress Subject Heading Authorities in the Hollis Library Catalog

I also wanted to use this post to discuss searching the Hollis library catalog (http://hollis.harvard.edu) using subject keywords. This can be a good method for finding comparative law materials in the law library collection, not only in English but in other languages as well.

The law library’s catalogers use Library of Congress Subject Authority Headings (http://authorities.loc.gov/help/subj-auth.htm) when they catalog our library materials. Because they represent a controlled vocabulary, using LOC Subject Authority Headings in your subject keyword searches will help you find materials on the subject you specify regardless of what language the materials themselves are written in.

For example, you can search Hollis using these subject keywords:

patent laws germany japan

There are seven results for this search, four in English, one in German, and two in Japanese. The Hollis results screen is shown below.

Hollis Catalog Search Results Screen, Search is Subject Keywords: patent laws germany japan

 

In the Hollis record itself, each subject heading authority is hyperlinked. Click a link to find additional materials to which that subject heading authority was specifically assigned.

Hollis record with green box around hyperlinked subject heading authorities.

 

As you are learning how to use Hollis, you may want to experiment with searching by subject. You may find that your searches are more precise, and your search results more relevant, than using general keywords alone.

Please visit http://asklib.law.harvard.edu/ if you need help from a research librarian on searching Hollis or any other aspect of law library research.

852 RARE: Games People Play*

Believe it or not, Historical & Special Collections is home to some law-related games, including playing cards and materials created to help students learn the law. This set of educational cards, published in Halle, Germany in 1709, was intended to teach students civil law.

Civil Law Playing Cards

Chartae Iusoriae Juridicae (Halle, 1709), HOLLIS 3706209.

Our set consists of 34 cards, numbered 2 through 35. Each card contains several principles of civil law, written in Latin. The principles are numbered 5 through 194. It’s too bad the first card is missing from our set! Each card has been backed with marbled paper, and the whole set fits into a papier mâché box, also covered with marbled paper.

Case and Playing Cards

Case and Playing Cards, HOLLIS 3706209.

There is an eight-page instruction booklet, written in German, bound into marbled paper wrappers that match the playing cards. Students could use the cards as simple flash cards for self-study, or gather with a group of fellow students for a scintillating round of play. Here are a few excerpts from the instructions, translated by Jennifer Allison, an HLSL Foreign, Comparative, and International Law Librarian:

  1. Those who would like to familiarize themselves with these laws and repeat them at will / must start by learning the first law on a card / tam quoad numerum, quam quoad sensum, and discuss it with their fellow players / who do the same thing.
  2. Once this has happened / they both, or also four, five, and six [people] could … / sit together / shuffle the cards / and deal them out to each player.
  3. At this point, the person who received the first card starts / by asking his neighbor a question about one of the cards in his hand e.g. ex fol 8. An possessor rerum immobilium satisdare teneatur? If this person answers / quod sic; he has answered incorrectly and must take the card / and must read … out loud from it / so that the other players, ex auditu, can be informed of the law. …
Instruction Booklet

Instruction Booklet, HOLLIS 3706209.

Let’s hope they were drinking lots of beer. Nevertheless, it’s a good reminder that legal study aids – and the market for them – have been around for a long time. Good luck in your law school studies, whichever study method you choose!

*with apologies to Eric Berne

New Title Spotlight – Arbitration in Africa: A Review of Key Jurisdictions

The law library recently added an important title to its collection for foreign and international arbitration research:

An Introduction to Arbitration in Africa: A Review of Key Jurisdictions
John Miles, Tunde Fagbohunlu SAN and Kamal Rasiklal Shah
Sweet and Maxwell, 2016
Law Library Lewis/ILS basement stacks, KQC500 .M55 2016

This book provides information about the legal systems and arbitration laws and procedures (including enforcement and appeal of arbitration awards) of many African jurisdictions. It is organized as follows:

Arbitration in Africa: A Review of Key Jurisdictions, by John Miles, Tunde Fagbohunlu SAN and Kamal Rasiklal Shah (2016)

North Africa:

Algeria, Egypt, Morocco, Sudan, Tunisia

The East African Community and Ethiopia:

Ethiopia, Kenya, Rwanda, Tanzania, Uganda

Southern Africa:

Botswana, Malawi, South Africa, Zambia, Zimbabwe

English-Speaking West Africa:

Ghana, Nigeria

African Lusophone Countries:

Angola, Guinea-Bissau, Mozambique

The Islands of Africa:

Cape Verde, Madagascar, Mauritius, Sao Tome and Principe

Arbitration under the OHADA System:

Cameroon, Cote d’Ivoire, Democratic Republic of Congo, Gabon, Guinea (Conakry), Togo

The book also provides a list of African countries that are signatories to the ICSID convention, and lists of the bilateral investment treaties (BITs) into which African countries have entered.

Scanning Nuremberg: the role of staff officers

Post by Matt Seccombe, March 2, 2016

Scanning Nuremberg shares the observations and insights of Matt Seccombe, Nuremberg Trials Project Metadata Manager/Document Analyst, as he analyzes documents for digitization as part of the HLS Library’s Nuremberg Trials Project website

During February, I completed the documents for one defendant in the Hostages Case, Foertsch, and most of the documents for another, von Geitner. These amounted to 193 documents and 895 pages of material. Both defendants were staff officers rather than commanding officers, which was a major point for them and a key distinction for the tribunal, but staff officers still had an overview of events and also a major responsibility that was relevant in the trial: preparing reports to be sent to the military high command.

How to wage a dirty war: The defendants uniformly claimed that they wished to establish an orderly occupation of Yugoslavia by honorable and legal means, but the papers have more candid moments. The general perception was that the religious and ethnic history of the region made it, as one affidavit noted, “this witches’ kettel and chaos.” Hence the Hitler/Keitel order for massive reprisal killings in cases of resistance. General Loehr, when briefed about food supplies, commented, “a starving population loses its appetite for rebellion.”

Who’s who: The single hardest part of Nuremberg document analysis is identifying authors with incomplete, ambiguous, and contradictory information, of which there is an abundance. We have the case of Christoph von Auer, clearly identified in an affidavit, and “W. Auer (?),” a queried name in a wartime document. They held the same position, at the same place, at the same time, and I am 90% sure they were the same person. Ninety percent is not 100%, however, so in the relevant documents I kept the two names distinct as separate authors, and added a Note indicating the likely connection between the two. In contrast is the good German name Wolfgang Cartellieri—spelled three different ways. There was enough information to establish that there was only one person (and multiple typos), so only one name is listed. Speaking of names, one key source of evidence had a name so long that it broke the database, exceeding the space allotted for names: Friedrich-Ferdinand, Prinz du Schleswig-Holstein-Gluecksberg.

Creative writing: Chief staff officers were required to prepare the frequent reports that their commanding generals sent to army and military headquarters. Headquarters expected to receive reports on reprisal actions following guerrilla attacks and sabotage, according to the Hitler/Keitel order, and of course the Nuremberg prosecutors submitted these reports as evidence. Some of the defendants argue (fairly persuasively) that some of those reports were crafted to satisfy headquarters that reprisal killings had been conducted when in fact they hadn’t, or had been much less than the 100 to 1 ratio ordered for attacks on Germans. In one document these were mentioned as “Fictitious shootings.” The officers in the field did not object to reprisals morally, since the tactic was standard doctrine for an occupying army in hostile territory, but they often noted that killing civilians outraged the local population rather than pacified it, and sometimes there were not enough civilian hostages on hand to meet the quota. One tactic was to count partisans killed in battle as reprisal killings in order to meet the target without killing civilians; another was to report a German killed in a guerrilla attack (which would call for 100 reprisal killings) as a battle casualty instead; a third was simply not to report many sabotage episodes, forestalling the issue. We might call these “fictitious reports.”

Although the digitization of the remaining trials will also be complete by the end of this year, they will require analysis and tagging work before they can be released to the public.  We hope to complete this work as soon as possible based upon available funding. For more information about this project, please contact Kim Dulin.

The Harvard Law School commemorates the 70th anniversary of the Nuremberg Trials (1945-1949)

 

Robert Jackson, Opening Statement, November 21, 1945 U. S. Army Signal Corps, photographer Nuremberg Trial photograph collection VIA Record ID: olvwork373967

Robert Jackson, Opening Statement, November 21, 1945
U. S. Army Signal Corps, photographer
Nuremberg Trial photograph collection
VIA Record ID: olvwork373967

The first Nuremberg trial began on November 20, 1945.  The final trial ended in April 1949.  In the intervening time approximately 200 high ranking Nazi leaders were prosecuted for crimes committed during the World War II. The military tribunals created to conduct the trials sought to carry out criminal charges unprecedented in scope and complexity.  As  U.S. chief of counsel Robert H. Jackson said in his opening statement, “The wrongs we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored because it cannot survive their being repeated”.   The Nuremberg trials provided the basis for the modern law of war crimes and crimes against humanity, and a model for recent international prosecutions for such crimes.

The Library has created a webpage, The Nuremberg Trials at 70, dedicated to the trials themselves and the Library’s extensive collection on trial related material. This site highlights both circulating and non-circulating material as well as additional resources located across the United States.  There is also a section that reviews Harvard’s connections to the trials (many Law School graduates served on the prosecution team) plus a timeline for the trials. A physical exhibit has also been installed in the case located just outside the Library’s Areeda Hall entrance. It features books and DVDs from the circulating collection, plus examples of manuscript material from various collections. The exhibit will be on display until the end of February.

852 : RARE – After the Bastille was Stormed

On July 14, 1789 French revolutionaries stormed the Bastille, a prison that served as a symbol of the unjust treatment of the French citizenry by the monarchy, thus sparking the French Revolution. King Louis XVI and his wife, Marie Antoinette, were dethroned during the revolution, tried and found guilty of treason, and executed by way of the guillotine.

Historical & Special Collections (HSC) holds many volumes relating to Louis XVI’s trial for those researchers interested in the ultimate demise of France’s last monarch.

Le Procès de Louis XVI, ou, Collection complette des opinions, discours et mémoires des membres de la Convention nationale, sur les crimes de Louis XVI, ouvrage enrichi des diverses pìeces justificatives ... (Hollis 004040555)

Le Procès de Louis XVI, ou, Collection complette des opinions, discours et mémoires des membres de la Convention nationale, sur les crimes de Louis XVI, ouvrage enrichi des diverses pìeces justificatives … (Hollis 004040555)

Proces de Louis XVI...

[Procès de Louis XVI, ci-devant roi des francais, imprimé par ordre de la convention nationale.] (Hollis 004390413)

 

 

 

 

 

 

 

One volume, The Trial at Large of Louis XVI. Late King of France. Containing a Most Complete and Authentic Narrative of every Interesting and Important Circumstance Attending the Accusation — Trial, Defence, Sentence — Execution, &c. of this Unfortunate Monarch. (Hollis 004039665) is available online through Making of Modern Law, Trials 1600-1926. HSC has contributed a number of titles to this online resource, which is available to users with a Harvard ID and PIN. Included in this text is King Louis XVI’s defense of his fleeing Paris with his family – the primary impetus of the treason charge. He writes “….the motives which induced me to quit Paris: – They were, the threats and outrages committed again[s]t my family and my[s]elf, and which have been circulated in different publications; and all the[s]e in[s]ults have remained unpuni[s]hed.  I thence thought it was neither [s]afe nor proper for me to remain any longer in Paris; but, in quitting the capital, I never had an intention of going out of the kingdom (pg. 20).” The account of Marie Antoinette’s trial (Hollis 013967138) is also available through Making of Modern Law.

First page of Opinion de Huet de Guerville sur le procès de Louis XVI. (Hollis 004390530)

First page of Opinion de Huet de Guerville sur le procès de Louis XVI. (Hollis 004390530)

Guillaume-Chrétien de Lamoignon de Malesherbes, one of King Louis XVI's lawyers in his treason trial. (olvwork_188663)

Guillaume-Chrétien de Lamoignon de Malesherbes, one of King Louis XVI’s lawyers in his treason trial. (olvwork_188663)

 

 

 

 

 

 

 

 

 

 

 

 

Researchers interested in this historical moment can also find two portraits of Chertien Guillaume de Lamoignon de Malesherbes, one of the lawyers to King Louis XVI during his treason trial, in HSC’s visual collections and made available on VIA. Malesherbes came out of retirement in order to defend the King, whom he had served in his younger years. Despite being generally well-liked and respected, Malesherbes also met the same demise as the King and Queen, beheaded at the guillotine in 1794.

New eResources at Harvard

The Harvard Library has an astounding amount of resources, with new titles coming in every day!  For help efficiently navigating it all, make a time to meet with a librarian or contact the Reference Desk.

New resources at Harvard

American Indian Histories and Cultures

Manuscripts, artwork and rare printed books dating from the earliest contact with European settlers; with treaties, speeches and diaries, andd travel journals.

Cambridge Edition of the Works of Ben Jonson Online 

Jonson’s complete writings;  and comprehensive body of essays and archives necessary for full study of Jonson’s life.

Digital Innovation South Africa

Scholarly resource focusing on the socio-political history of South Africa, particularly the struggle for freedom during the period  from 1950 to the first democratic elections in 1994.

Gallup Analytics     

Data from countries representing 98% of the world’s population; access Gallup’s U.S. Daily tracking and World Poll data to compare residents’ responses on topics such as economic conditions and education.

Oxford Encyclopedia of Theatre and Performance

Authoritative information on theatre and performance from ancient Greek theatre to the latest developments in London, Paris, New York, and around the globe; covers dance, opera, radio, film, television, and popular performance.

Oxford Handbooks Online / Music 

Scholarly books (online) contain essays written by the foremost scholars in music.

Palgrave Encyclopedia of Strategic Management 

Strategic management is an emerging field with loosely defined concepts and boundaries; this encyclopedia seeks to give the field some definition.

Psychoanalytic Electronic Publishing Archive [PEP]

An archive of the entire psychoanalytic literature in English, along with foreign and international journals.

SRDS (Kantar Media)

Circulation data and advertising rates for U.S. publications; market demographics and lifestyle market analysis – with info on attitudes toward sports, travel and leisure.

852 RARE: A Little Something for Everyone

Small gems are often hidden within large collections and this summer we were lucky enough to come across just such a gem– a slender volume bound in limp vellum with faded Spanish manuscript scrawled across the front. It surprised and delighted us and seemed to have “something for everyone.”  The outer binding alone is intriguing to look at, the front covered with just barely legible manuscript in Spanish, and the covers neatly fastened with tiny beaded toggles. Upon opening it, one is immediately dazzled by the gleaming floral “Dutch gilt”paper pastedowns and endpapers.

Front cover

Toggle closure & back cover

Dutch gilt paper lining the front opening

The 52-page text, Exámen sucinto sobre los antiguos límites de la Acadia y sobre las estipulaciones del Tratado de Utrecht relativas à ellos is a Spanish translation of the 1755 French work Discussion sommaire sur les anciennes limites de l’Acadie … and the two are printed in side-by-side columns.  This anonymous work is generally attributed to Mathieu François Pidanzat de Mairobert (1727-1779), a member of a French literary society who wrote on a wide variety of topics.

Title page with manuscript commentary

 

Following the provisions of the multi-faceted Treaty of Utrecht  in 1713 France ceded Acadia (most of modern-day Nova Scotia) to Great Britain, but relations between the two nations remained uneasy –as Mairobert’s treatise attests.  Under the printed title of this copy, a note in Spanish points out that the dispute over Acadia was ended in 1763 with the Treaty of Paris and also mentions the secret November 1762 Treaty of Fontainebleau in which France ceded Louisiana to Spain. 

Finally, folded at the end of this slim volume, is an intriguing map of eastern North America showing historical claims to Acadia and the eastern portion of present-day New Brunswick from 1621 to 1750, referred to in Mairobert’s text. The title Mapa de una parte de la America Septentrional uses the old term “septentrional” meaning “of the north.”  This term is derived from an ancient reference to the seven stars of the Big Dipper, used by navigators to find the North Star, and subsequently the name for North America that appears on many early maps. 

Map at the end, unfolded, showing Acadia

New Guide to Free Legal Research Resources

Free! by klabusta

Creative Commons Photo by klabusta

While many legal researchers spend much of their time using expensive subscription databases, an ever increasing amount of legal research information is freely available online. This is particularly true for government documents as many governments around the world, including the U.S. government begin to place a higher priority on making legislative documents freely available to citizens. But, it is also true of secondary sources, local government documents, international law materials and data sets.

The Library has prepared a new research guide that highlights some of the best and most useful freely available resources in each of these areas. Whether you are a graduating student who is looking for free resources to continue your research at your new job or are just looking for government information from any source, this guide will show you where to find information without using an expensive database. Check back frequently, because we will add more resources on an ongoing basis to keep the guide up-to-date on the best free legal resources on the internet.

Introducing a New E-Resource – Malaysia

The Law Library now has access to a new database, CLJLaw. This database provides access to primary and secondary legal materials from Malaysia. The main focus of the database is the primary law of Malaysia, including full text of selected legislative materials, court rules and case law. The included citator also makes it easy to collect all of the cases that refer to a particular case with the click of a button. CLJLaw also offers access to selected treaties to which Malaysia is a signatory going back as far as 1910 and secondary sources, including journal articles, legal dictionaries and translators, and practice note materials. Patrons wishing to use this resource should stop by the reference desk during our normal hours.