By Sue Silverman

On March 7, the Diversity, Equity, and Inclusion Committee of the FCIL-SIS held its second webinar in a series on international events that may impact FCIL-SIS and the wider AALL membership, “What in the world…is happening in Ukraine?,” focusing on the history of the crisis and the current international legal framework addressing the crisis.  Lidiya Grote from the University of Louisville moderated the panel which included Professor Oona Hathaway from Yale Law School and Victor Rud from the Ukrainian American Bar Association.

Victor Rud provided a historical context for Russia’s illegal invasion of Ukraine.  Russia, the largest country in the world does not, as Rud explained, need more territory, nor is this a border dispute.  The reason can be traced back to a 1997 Russian army blueprint which proclaimed that wiping Ukraine off the map was integral to Russia’s larger goals of destabilizing Western democracies, including America and Europe. Ukraine is wholly different from Russia, with a distinct language and a democratic tradition that includes separate branches of government, checks and balances, and a separation of church and state all of which predates America’s own founding. Russia perceives Ukraine’s democracy as a threat and Russian media incessantly reminds its viewers of the necessity of wiping the nation of Ukraine off the face of the earth.  As such, the Russian military has targeted cities, cultural landmarks, and civilians.  Russia is also, as Rud explained, targeting the Ukrainian gene pool by deporting orphaned children and indoctrinating them in Russian culture. Rud emphasized that America’s role as a global deterrent is being tested and how America reacts to Russia’s invasion will be extrapolated by other actors to predict how America would react to other illegal invasions such as of Taiwan. 

Professor Oona Hathaway followed Rud’s historical overview with an explanation of how international law has shaped the global response, focusing on how the law has been used first for condemning the war, next as a basis for arming Ukraine, and finally, in initiating the process of prosecuting Russians and Belarussians for violations of international law. The current international order is rooted in post-World War II institutions and legal rules.  Russia’s unprovoked invasion of Ukraine is in clear violation of Article 2(4) of the UN Charter. In response, many observers fretted this could signal the demise of the post-World War II international legal order. Hathaway explained how international law has provided the foundation for condemning Russia’s invasion.  Though the UN Security Council remains paralyzed, the General Assembly passed a resounding resolution demanding Russia’s immediate withdrawal, as well as subsequent resolutions condemning the invasion.  The International Court of Justice and the European Court of Human Rights have also weighed in, proclaiming the invasion to be in violation of international law.

The General Assembly resolutions and condemnations from international courts have helped set the stage for sanctions and the arming of Ukraine by the United States and Europe.  International law has also served as a justification for isolating Russia through targeted economic sanctions, the exclusion of Russia from international sports, and the expulsion of Russia from the Council of Europe.  And finally, international law serves as a basis for prosecuting Russians and Belarussians for war crimes in the International Criminal Court, or through a separate international tribunal. Hathaway emphasized that while Russia put the international order at risk, what will determine the future of the international order will be how nations respond, which so far has been through international law.  The big question is whether that response will be sustained through what will likely be a long-standing war.  As Lidiya Grote pointed out, Russia’s strategy is to wear us all out.  

Both Rud and Hathaway agreed that any negotiated settlement in which Ukraine ceded territory to Russia or gave anything up would be in violation of the Vienna Convention on the Law of Treaties since any concession by Ukraine would have been made under duress.  Thus, the invasion of Ukraine is not just about Ukraine, it is about the future of international legal order.  If Russia can get away with its flagrant violation of Article 2(4), it will succeed in undermining the fundamental rules of international law.  

By Jonathan Pratter

My last post for From the Reference Desk (Publication of U.S. Treaties is Flawed) had some useful things to say about the publication of international agreements in the U.S., but the basic premise of the post was in error. In the post, I said that TIAS does not publish agreements that have been submitted to the Senate for advice and consent. That was wrong. TIAS does in fact publish agreements submitted to the Senate in the normal course after the agreement has been ratified and entered into force. I regret the error and apologize to readers of DipLawMatic Dialogues for the misleading post.

By Lucie Olejnikova

GlobaLex January/February 2023 issue is live featuring one new article, Researching International Labour Law, and seven updates: Cameroon, Eswatini (Swaziland), Nepal, Sudan, Forced Evictions and Disability Rights in Africa, “Space Asset” Under the Space Protocol to the Cape Town Convention and the Related Issues Under International Space Law, Researching the Vienna Convention on Consular Relations Notification Requirements. Webmasters and content managers, please update your pages. We thank all our wonderful authors, new and established, for their excellent contributions and commitment to open access authorship!

Researching International Labour Law by Erica Friesen and Brianna Storms at https://www.nyulawglobal.org/globalex/International_Labour_Law.html.

Erica Friesen is a Research and Instruction Librarian & Online Learning Specialist at Queen’s University’s Lederman Law Library in Kingston, Canada. She holds an M.I. from the University of Toronto and a B.A. (Hons.) from McGill University. Erica has previously published on artificial intelligence and legal research, including a recent article titled “The Artificial Researcher: Information Literacy and AI in the Legal Research Classroom,” 26 Legal Writing 241 (2022). She is a member of the Canadian Association of Law Libraries and the American Association of Law Libraries.

Brianna Storms is a Research and Instruction Law Librarian at Queen’s University in Ontario, Canada. In this role she provides legal research assistance and delivers instructional sessions to students and faculty, as well as to other library patrons from the wider community. Prior to this role, Brianna served as a law association librarian where she delivered library and legal research services to members at various states in their careers (from articling and integrated practice placement students to senior law partners). She earned her Master of Library and Information Science degree from Western University (Ontario, Canada) and holds an Honors Bachelor of Arts degree with an Emphasis in Education from Trent University (Ontario, Canada).

UPDATE: Researching Cameroonian Law by Charles Manga Fombad at https://www.nyulawglobal.org/globalex/Cameroon1.html.

Charles Manga Fombad, a Professor of Law and Director, Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, holds a Licence en Droit (University of Yaoundé), LL.M. and Ph. D. (University of London) and a Diploma in Conflict Resolution (University of Uppsala). He was, from 2003-2006, Professor Honorarius of the Department of Jurisprudence, School of Law, University of South Africa. Professor Fombad is the author/editor of 17 books and has published more than 100 articles in international refereed journals, more than five dozen book chapters as well as numerous other publications and conference papers. In 2003, Professor Fombad received the Bobbert Association Prize for the best first article in the Journal for Juridical Science. He was also awarded the Wedderburn Prize in 2003 for a paper that appeared in the “Modern Law Review.” For three years, 2004, 2005 and 2007, Professor Fombad received the special commendation award from the University of Botswana Research Awards Committee as runner up on each occasion to the University Researcher of the Year.

UPDATE: The Law and Legal Research in Eswatini by Sibusiso Magnificent Nhlabatsi at https://www.nyulawglobal.org/globalex/Swaziland1.html.

UPDATE: Forced Evictions and Disability Rights in Africa by Sibusiso Magnificent Nhlabatsi at https://www.nyulawglobal.org/globalex/Forced_Evictions_Disability_Rights_Africa1.html.

Sibusiso Nhlabatsi is a human rights lawyer; an admitted attorney of the High Court of eSwatini. Nhlabatsi currently works at the University of eSwatini as the Legal Clinic Principal. Nhlabatsi is working towards the completion of his LLM at the University of South Africa; he holds an LLB and a Diploma in Law from the University of eSwatini. Nhlabatsi is the founding director of the Institute for Democracy and Leadership (IDEAL) and the eSwatini Litigation Centre.

UPDATE: Researching the Legal System of Kingdom of Nepal by Sirjana Sharma Pokhrel and Dr. Md. Ershadul Karim at https://www.nyulawglobal.org/globalex/Nepal1.html.

Sirjana Sharma Pokhrel is working at the Paralegal Services of Tarrant County in Euless, USA since 2019. Paralegal Services is a solo semi-legal consulting firm in Dallas. Sharma worked at theLaw Office of Sirjana Sharmain Nepal for more than 15 years. She has been practicing law since 1996. She holds a LL.M. degree from Nepal Law Campus, Tribhuvan University specializing in commercial law and International and Comparative LL.M. from Dedman School of Law, Southern Methodist University, USA.

Dr. Md. Ershadul Karim is a Senior Lecturer at the Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia and a non-practicing lawyer enrolled with Bangladesh Supreme Court.

UPDATE: Researching the Legal System of the Republic of Sudan by Mai Aman at https://www.nyulawglobal.org/globalex/Sudan1.html.

Mai Aman is a Sudanese lawyer and children’s rights advocate. She currently works as a project officer at the Children’s Rights Unit at the Centre for Human Rights, University of Pretoria. She holds an LL.B. (first class honours) from the University of Khartoum and an LL.M. in Human Rights and Democratization in Africa from the University of Pretoria and is currently an LL.D. Candidate at the same institution. Her other areas of interest and expertise include democracy and transitional justice.

UPDATE: “Space Asset” Under the Space Protocol to the Cape Town Convention and the Related Issues Under International Space Law by Pai Zheng & Ruo Wang at https://www.nyulawglobal.org/globalex/Space_Asset_Protocol_Cape_Town_Convention1.html.

Pai Zheng is an Assistant Professor at the International Law School of East China University of Political Science and Law (ECUPL), Shanghai, China. He holds an LL.M. (Air and Space Law) from Leiden University, the Netherlands, an LL.M. (Public International Law) and a Ph.D. in Law (Cum Laude) from ECUPL.

Ruo Wang is an LL.M. Candidate (Public International Law) at the International Law School of East China University of Political Science and Law (ECUPL), Shanghai, China.

UPDATE: Researching the Vienna Convention on Consular Relations Notification Requirements by Cindy G. Buys at https://www.nyulawglobal.org/globalex/Vienna_Convention_Consular_Relations1.html.

Cindy G. Buys is a Professor and Director of International Law Programs at Southern Illinois University School of Law. She holds an LL.M. from Georgetown University Law Center, a Juris Doctorate and a Master of Arts in International Relations from Syracuse University, and a Bachelor of Arts in Political Science from the State University of New York at Albany.

For more articles, visit https://www.nyulawglobal.org/globalex/index.html.

By Jonathan Pratter

The publication of U.S. international agreements is defective. The U.S. adequately publishes executive agreements, but not treaties. The one current publication for U.S. international agreements is Treaties and Other International Acts Series (TIAS). TIAS is now published exclusively online at the State Department’s website. But the fact is that TIAS publishes only executive agreements, not treaties. As readers of this blog know, treaties in U.S. practice are submitted to the Senate for advice and consent; executive agreements are not. A treaty is submitted to the Senate in a Senate treaty document. It goes to the Foreign Relations Committee. The treaty document contains the text of the agreement. Treaty documents are available online at Congress.gov. The Foreign Relations Committee holds hearings on the treaty and deliberates. When the committee approves the treaty for advice and consent, it issues a Senate executive report that describes the deliberations and contains the resolution of advice and consent. The Senate executive report contains the text of reservations, understandings or declarations (RUDs) that the Senate wishes to attach to its advice and consent. The treaty then goes to the full Senate for a vote on the resolution of advice and consent.

The resolution of advice and consent to the treaty in the Senate is not ratification. The President, not the Senate, ratifies the treaty. If there was any doubt about this, it is settled explicitly by § 103(3) of the Restatement, 4^th of Foreign Relations Law, which says in terms: “After the Senate provides its advice and consent, the President determines whether to ratify or otherwise make the treaty on behalf of the United States.”

As matters stand today, the only current source for the publication of U.S. treaties is the Senate treaty document (and the Senate executive report for the text of RUDs). It is true that the Bluebook allows citation to Senate treaty documents (see table T4.1), but this is far from ideal for the simple reason that this is not the ratified treaty.

Let it not be forgotten that a U.S. statute (1 U.S.C. § 112a) requires the Secretary of State to publish a compilation entitled United States Treaties and Other International Agreements, “which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year … The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.” This is U.S.T., which many law libraries have in its nice blue binding and which the Bluebook says continues to the present. But the sad fact is that U.S.T. has not been published since 1985!

By the Supremacy Clause of the U.S. Constitution, treaties of the U.S. are part of the “supreme law of the land.” In light of that and of the State Department’s duty under 1 U.S.C. § 112a to publish treaties, the State Department should take the task more seriously. Other countries do a better job of it. The U.K. has the United Kingdom Treaty Series online; Australia has the Australian Treaties Database; Canada has the Canada Treaty Series online. There are not that many U.S. treaties each year. One solution, although it doesn’t strictly comply with 1 U.S.C. § 112a, would be to put treaties in TIAS. That would certainly be better than the situation we have now.

Another possibility is to resurrect United States Treaties and Other International Agreements. That would comply with 1 U.S.C. § 112a. In the past U.S.T. published agreements that first appeared in TIAS. That duplication is not needed. So U.S.T. would then be limited to treaties submitted to the Senate. That would produce one fairly slim volume each year. I hope the State Department will see that the current situation regarding the publication of U.S. treaties is fundamentally flawed and will adopt one of the suggestions made here.

By Marcelo Rodríguez

Welcome back to Through the FCIL Lens. As I have said before, this series aims to shed some light on developing flashpoints around the world which might be of importance to anyone engaged in FCIL work. In this series, I’m defining “flashpoints” as events and/or situations happening in different geographical regions which are (d)evolving rapidly, mostly reported in news or local sources in their respective languages; and with a considerable amount of information still not analyzed or pieced together in a comprehensive way. Because I live in the United States, I’m intentionally leaving out events taking place in North America or Western Europe. I believe these regions are well covered in the US and users do have access to a number of sources which can help.  

The stories that I cover in these series are also limited by the fact that I’m only one person, and I don’t want to overwhelm the readers with more than five situations at a time. Inevitably, I will be leaving out other flashpoints which I encourage others to follow or write about. Some of these situations or events are the following: Changes in Election Laws in Mexico, Sentencing of Nobel Prize winner in Belarus, Presidential Elections in Djibouti, Massive Protests Against Judicial Reform in Israel, Spiral of Violence in the West Bank, Expansion of Martial Law in Myanmar, etc. Furthermore, some of the events I have covered in this series before are still making the headlines in various countries such as Haiti, Tunisia, Iran, Hong Kong, India, Burkina Faso and Mali

For this post I have chosen events that took place over the past month of February 2023 in the following countries: Nicaragua, Nigeria, Armenia/Azerbaijan, Cambodia and Vanuatu. As in previous posts, these summaries aim to be descriptive, introductory, and a stepping stone for further comprehensive research. Each summary also includes at least three important authoritative secondary sources.

• Ortega Expels Political Prisoners and Strips Them of Their Nicaraguan Citizenship

• Unexpected Results in Nigeria’s Presidential Elections

• International Court of Justice’s Decision on Nagorno-Karabakh’s Lachin Corridor

• Iranian Protests Persist Despite Executions

• Cambodia’s Hun Sen Cements His Power Before July Presidential Elections

• Two Category 4 Hurricanes in Vanuatu Highlighted the Country’s Call for Action on Climate Change

There’s still time to register for the FCIL-SIS Diversity, Equity, and Inclusion Committee’s March 7 webinar on the Ukraine https://chapman.zoom.us/meeting/register/tJwpcOiqqDgpGNAZNXwORIc9u9YxqxJl3Rpn. The webinar will feature a distinguished panelist of speakers who will examine the history and context of the war in Ukraine and introduce the key legal issues and bodies of law implicated.

Useful resources for law librarians conducting research or interested in learning more will also be provided, and we encourage you to begin your reading with this fascinating recent article on the “warrior librarians” in Ukraine: https://www.theguardian.com/books/2022/dec/04/our-mission-is-crucial-meet-the-warrior-librarians-of-ukraine.

1. Where did you grow up?

I was born in Miami, Florida, and moved to Helena, Alabama at age 3. Despite growing up in Alabama, I insisted on never adopting the accent. I do, nevertheless, make liberal use of “y’all.”

2. Why did you select law librarianship as a career? 

Law school was an attractive opportunity to expand my skills in critical thinking and analysis, but the life of a lawyer never truly interested me. My favorite part of law school was the scavenger hunt of legal research. Soon after graduating, I learned that there’s an entire profession dedicated to the organization of information. I jumped at the chance to use my legal education and spend my workday thinking strategically (without the specter of billable hours).

3. When did you develop an interest in foreign, comparative, and/or international law? 

Early in my current position I was tasked with selecting for foreign law, and I’ve really enjoyed digging into this world. I was a history major in undergrad, and I am endlessly fascinated by the development and interconnectedness of nations and cultures throughout history. Every nation’s laws reflect where they’ve come from, what they value, and the future they are trying to build. FCIL work lets me see this often-overlooked side of foreign countries.

4. Who is your current employer? How long have you worked there? 

I have worked for the University of Michigan Law Library since October 2017. I’d never lived outside the South, and I had little concept of what I was getting into. I quickly fell in love with Ann Arbor–the people, the food, the nature, the culture. Even in the middle of an ice storm, I am happy to be here.

5. Do you speak or read any foreign languages? 

I studied Spanish all through school, and I am better at reading than speaking. My attempts to teach myself German were…ohne Erfolg.

6. What is your most significant professional achievement? 

I am proud of the articles I have written for the Michigan Bar Journal, particularly those on gun law. I enjoy gathering information and breaking it down into a user-friendly explanation. If my work helps other attorneys, scholars, and activists do their work better, I’ve done my job.

7. What is your biggest food weakness? 

Generally: cereal. Specifically: I’ve probably saved at least half a dozen pandas with my Panda Puffs purchases.

8. What song makes you want to get up and sing/dance? 

Something comes over me whenever “Heartbeats” by The Knife kicks in. My head and shoulders are swaying right now, just thinking of it. Do yourself a favor and throw on the whole album Deep Cuts.

9. What ability or skill do you most wish you had (that you don’t have already)?

I’d love to be able to play piano. I played clarinet in school, and I’m self-taught on the guitar and ukulele, but the piano feels too daunting. Two lines of music at once? In this economy?

10. Aside from the basic necessities, what is one thing you can’t go a day without? 

Standing in my living room, holding a cat, staring out the front window, imagining what I am going to plant in the yard. Last year I installed a rain garden using native plants in my front yard. This spring I’m planning an edible food forest using permaculture principles. Fruit tree guilds are firmly planted in my mind; I’m just waiting for winter to end so I can make them a reality.

11. Anything else you would like to share with us?

I am not the junior senator for the state of Alabama, but we did go to law school together. (No relation.)

By Erin Gow

On February 22, 2023 the FCIL-SIS DEI Committee and the BLL-SIS co-sponsored a webinar examining the history of Haiti, the current state of affairs in the country, and the impact on legal processes and research.

Professor Irwin Stotzky started the session with an introduction to Haitian history. He briefly narrated key events such as Haiti’s defeat of the Napoleonic army and achievement of independence from France. He also highlighted the devastating impact that decades of enforced payments to France following the end of slavery and colonial rule had on the Haitian economy. He explained how these payments led to nation-wide poverty, and combined with internal policies established by Haitian elites to create nearly unavoidable poverty for the majority of Haitians.

Stephanie Delia spoke next and highlighted some of the more recent events in the country that have happened against the background of the history that Irwin shared. Stephanie shared information about the extent of devastation caused by a massive 2010 earthquake in Haiti, which centered on the urban area of the capital city, Port au Prince, and was followed by several aftershocks. In addition to the immediate deaths and initial damage caused by the quakes, international support from a wide variety of organizations either failed to reach Haiti or was allocated in ways that failed to directly or concretely aid Haitian survivors. COVID-19 had a prolonged impact on Haiti, where vaccines did not arrive until July 2021. There was also a brutal assassination of President Jovenel Moïse in July 2021, another earthquake in August 2021, and international wrangling over the appointment of a new Haitian Prime Minister, all of which contributed to increasing instability in the country.

The final speaker, Magalie Desince, wrapped up the webinar by examining the impact Haitian history and recent events have had on the legal system, and by recommending resources for both historic and current legal research questions. Magalie reminded attendees that the judicial system in Haiti has been largely paralyzed, as attorneys have been kidnapped or shot, gangs control access to many government buildings and courts, and there have been accusations of corruption among judges. This makes research, especially when looking for recent case law, for example, difficult, but Magalie recommended several resources for finding Haitian law online, including: GlobaLex, BRILL’s Foreign Law Guide, Lexadin, the Library of Congress, and Juricaf for current resources. For historic legal materials, she recommended Gallica, a historic digital library provided by the National Library of France, and the Digital Library of the Caribbean. The Global Arbitration Review is likely to be of interest for those working on arbitration questions, while HG is a good source for identifying local Haitian lawyers, and both the Organization of American States and International Centre for Settlement of Investment Disputes provide access to relevant treaties. Magalie concluded with signs of positive change in Haiti’s legal system, where there is a newly updated penal code, moves to improve judicial oversight, get cases moving again in the judicial system, implement computerized case management systems, and establish new private business rules.

Additional information about this event can be found on the AALL FCIL-SIS Continuing Education page.

Image by kalhh from Pixabay 

The February 2023 edition of the FCIL Newsletter is out now.  Inside the newsletter, you’ll find:

• Resource Reviews: Legislation.gov.uk
• From the Chair
• Webinar: What in the World…is Happening in Haiti?
• FCIL-SIS Member Recent Publications Roundup

Check it out!

Past editions are also available on the FCIL-SIS site.

The Diversity, Equity, and Inclusion Committee of the FCIL-SIS invites you to attend “What in the world…is happening in Haiti?,” on Wednesday, Feb. 22nd, 2023 at 1 pm EST. This webinar is the first in a series of webinars on international events that may impact FCILS-SIS and the wider AALL membership. It is being co-sponsored by the BLL-SIS and is a Black History Month event. It will focus the history of Haiti, the current situation, what the future may be, and a view of this issue from a librarian’s perspective i.e. finding resources relative to Haiti. Register at: https://tinyurl.com/DEIHaiti.

The Diversity, Equity, and Inclusion Committee of the FCIL-SIS invites you to attend “What in the world…is happening in Ukraine?,” on Tuesday, March 7, 2023 at 12 pm EST. This is the second webinar in a series on international events that may impact FCIL-SIS and the wider AALL membership. The webinar will examine the history and context of the war in the Ukraine, the key legal issues and bodies of law implicated, and will suggest useful resources for law librarians. The panelists are Oona Hathaway and Victor Rud, and the discussion will be moderated by Lidiya Grote. Register at: https://chapman.zoom.us/meeting/register/tJwpcOiqqDgpGNAZNXwORIc9u9YxqxJl3Rpn

Have you, or an FCIL-SIS member you know, made a significant contribution to our profession this year? If so, please let us know! The Executive Committee needs your help identifying the folks who deserve these prestigious FCIL-SIS Awards:

The Daniel L. Wade FCIL-SIS Outstanding Service Award: honors a FCIL-SIS member who has made an outstanding contribution to our SIS in the areas of section activity and professional service.

The Thomas H. Reynolds & Arturo A. Flores FCIL-SIS Publications Award: honors a FCIL-SIS member who has greatly contributed to the professional development of their AALL colleagues during any given year. The winning “publications” may be print, digital, or electronic initiatives.

The Spirit of the FCIL-SIS Award: honors a FCIL-SIS member whose work furthers our mission, serves the entire FCIL-SIS, and inspires others to act.

The Blog Post of the Year Award: honors an AALL member who contributes an outstanding blog post for the FCIL-SIS blog, DipLawMatic Dialogues, during the previous year.

The Newsletter Article of the Year Award: honors an FCIL-SIS member who contributes an outstanding article for the FCIL-SIS Newsletter during the previous year.

The Interest Group/Committee Project of the Year Award honors the FCIL-SIS Interest Group and/or Committee that produces an outstanding project for the benefit of FCIL-SIS and/or AALL members during the previous year.

Nominations for all awards are due by April 15, 2021, to any member of the Executive Committee: Marcelo Rodriguez (marcelorod@arizona.edu); Mike McArthur (michael.mcarthur@law.duke.edu); Caitlin Hunter (hunter@law.ucla.edu); or Loren Turner (lturner@umn.edu). We look forward to hearing from you!

Do you have a go-to website for international law research? Maybe something that works well but isn’t as recognized as it could be? The American Society of International Law (ASIL) recognizes one such website each year through the Jus Gentium Award. The ASIL International Legal Research Interest Group Jus Gentium Award Committee is seeking nominations for non-commercial online databases, data sets, and resources covering international law that are accessible to academics, practitioners, as well as the public at large. We focus on resources that enhance scholarship and open access to legal information. Prior award winners of the past three years can be found here: www.asil.org/community/interest-groups.

If you know of such a site, or have any favorites that could potentially fit the description above, please send them to a member of the committee by February 24th, 2023. All we need is the URL to the site and maybe a few comments on why you find it helpful. No formal statement is required. Send your ideas to Mike McArthur (michael.mcarthur@law.duke.edu), Jessica Pierucci (jpierucci@law.uci.edu), or Meredith Capps (meredith.a.capps@vanderbilt.edu) and help us highlight those sites that assist our work!

By David Isom

Andriy Kostin, the Prosecutor General of Ukraine, spoke at the Georgetown University Law Center on February 1 to discuss his investigation of war crimes committed in the course of Russia’s invasion of his country. Georgetown Law’s Center on National Security (CNS) has been deeply involved in this project, having received a grant from the Department of State to support its efforts as the lead implementing organization of the Atrocity Crimes Advisory Group (ACA) established in May 2022. With additional remarks from Georgetown Law Dean William Treanor and Senator Dick Durbin as well as a discussion panel featuring Professor/Co-Director of Georgetown CNS/Georgetown-ACA Faculty Coordinator Mitt Regan, U.S. Ambassador-at-Large for Global Criminal Justice Beth Van Schaack, Georgetown-ACA Co-Principal Investigator/CNS Senior Director for International Justice Clint Williamson, and Georgetown-ACA Co-Principal Investigator/CNS Executive Director Anna Cave, the session offered a detailed look at the efforts to hold the perpetrators of war crimes and other atrocities in Ukraine to account.

Coming close to one year after Russia began its full-scale invasion of Ukraine, Kostin described the efforts to document Russia’s ongoing war crimes—which include weaponizing winter, sexual violence, torture, and the intentional shelling of civilians, utilities infrastructure, medical facilities, schools, and cultural institutions. Kostin stated that thus far, 65,000 incidents of war crimes have been documented by the International Criminal Court, Ukraine, and other states and multilateral entities. More than 9,000 civilians (including 459 children) are known to have been killed, with the actual number likely several times higher. 256 suspected war criminals have been identified thus far, with 25 already successfully prosecuted. Kostin added that Russia’s “persecutorial pursuit of civilians” demonstrates an attempt to destroy Ukrainian identity constituting genocide.

Representatives of the International Criminal Court are already on the ground in Ukraine investigating crimes, and national investigations are underway in 18 states (in addition to multilateral investigations). Establishing an ad hoc international criminal tribunal to hold the planners of the war responsible is a realistic option, but Kostin stated that the vast majority of prosecutions for war crimes will be held in Ukraine’s domestic courts.

Kostin described the types of support his office’s investigations needs most: a robust automated case management system; security for members of the prosecutor’s office; reliable Internet access (such as the SpaceX Starlink service that has already played a role in Ukraine’s war efforts); technical expertise to investigate physical forensics, ballistics (including studies of missiles and craters), crime scenes, digital forensics, open source forensics (e.g. using data found in “trophy” postings to social media to identify perpetrators), and forensic interview specialists; experts on international humanitarian and criminal law on the ground in Ukraine; and expertise on sanctions, reparations, and consequences for others that aid the Russian war such as oligarchs and members of the Wagner Group private military company.

In closing, Kostin stated that “Ukraine’s spirit of resistance stands strong on the battlefield and in the prosecutor’s office,” and that there should be no safe havens for those who have committed war crimes. He expressed “deep gratitude for the unwavering support from the United States government and the American people.”

During the Q&A that followed, Williamson (whose long career in prosecuting war crimes has included serving as a Trial Attorney at the International Criminal Tribunal for the former Yugoslavia and as the U.S. Ambassador-at-Large for War Crimes Issues) noted several distinguishing elements of the attempt to prosecute war crimes in Ukraine. First, efforts have proceeded in parallel both domestically (in Ukrainian courts) and internationally. Secondly, efforts to document Russia’s atrocities are occurring in close to real time as Ukraine liberates Russian-occupied territories, rather than attempting to reconstruct historical crimes after the fact. Thirdly, it is unique for an educational institution to be playing a leadership role (as Georgetown is) in efforts to prosecute war crimes and other atrocities.

More information (including a video recording of the event) is available on the Georgetown website.

By Devan Orr

December 1^st to January 31^st may be the busiest time for an academic law librarian – at least, it always feels like that to me. You start the month of December trying to instill the last lessons and information into your students before they take their finals and complete their memos and writing assignments. Then you have the whirlwind of the holiday season while simultaneously trying to complete your grades. And January 1^st (or 2^nd or 3^rd depending on travel plans) brings about the start of a two-week prep period before classes, a prep period that over the summer takes a whole 2 or 3 months from start and finish.  For a new librarian, like myself, this is a very overwhelming period when trying to balance work, rest, and additional duties can seem impossible. So, this year, I’ve been trying to set myself up for success in the spring, rather than letting the burnout of a school year creep up on me.

In this year of professional development, I’m taking this hectic time as a time to reflect on systems established in the fall and tweak them as needed for the spring. With the unexpected cancellation of one of my classes this spring due to a lack of enrollment, I’m trying to spread out my focus and efforts across multiple facets of our job instead of putting all my eggs into the teaching basket. So below are just a few of the things I’ve tried to implement this school year in an effort to embrace professional development and increased knowledge and specialization:

• Subscribing to Library of Congress updates – this has been a godsend. Every day I receive a few emails about different developments in international law from the Law Library of Congress. This gives me a great jumping-off point for discussions in our Foreign and International Research class and helps me think of research topics and additions for students working on independent papers who are interested in foreign and international law. It also makes me a more-informed citizen generally while expending little effort in sifting through news outlets myself. I highly recommend everyone sign up for these alerts.
• Journaling after classes – this was a suggestion taken from the 2022 Teaching the Teachers conference in Portland, Oregon (highly recommend everyone take some time to attend this conference if you can – it gave me so many practical tips and hands-on experiences that have made my teaching better) and when I remember to do it, I find it to be immensely helpful. This allows me to take a few moments and write down thoughts of what did and did not work, what questions came up that I was not expecting, and allows me to contextualize changes I may want to make for next year. I find this especially helpful as I am still using materials largely populated by my predecessors. Because I was not there for their inception, the notes allow me to have more ownership over changes and let me see what I should focus on most when updating or even reconstructing lessons for next year.
• Teams (or Slack or GChat or Zoom or…) – While many of us are forced into one system manager or another, this year I’ve been trying to capitalize on Teams at work. For committees at the library, I’ve been keeping running meeting minutes in Teams so the document is always available. Collaborative grading and sharing ideas has been much easier than emailing them among our five-person reference team, and it allows us to work smarter without duplicating efforts.
• The FCIL-SIS Digest and updates – our network is one of the most active and useful networks on AALL message boards and forums, and all the webinars and discussions that come through my inbox help me stay up to date with highlights in our profession. They also add to what I draw on in my foreign and international research classes, particularly when pointing out possible project topics to students, and when I’m giving research instruction to doctrinal classes focusing on international law.

As I take on this next semester, I am staying positive and taking new habits and resources with me. But this is a new librarian series, and I know that I am just scratching the surface of productivity and teaching techniques. I am always looking for new systems to incorporate into my routine, so I am curious and open to suggestions! What tips do you have for new academic librarians starting their spring semesters?   Are there FCIL-specific events or trends to keep on the radar as we move into a new year? Let us know in the comments, and I’ll catch up with you soon!

1. Where did you grow up?

I grew up in Macon, a rural community in the piedmont region of North Carolina, across the border from Virginia.

2. Why did you select law librarianship as a career? 

I practiced law off and on for a few years and realized that, while I enjoyed helping others, I didn’t enjoy the work. Law librarianship seemed like a good way to combine my legal training with a place that I loved: the library.

3. When did you develop an interest in foreign, comparative, and/or international law? 

I honestly didn’t know it was a thing until one of my classmates mentioned it. I was fascinated since I enjoy learning language and culture, and am concerned about human rights. And it was a great way for me to continue that learning while getting paid to do it.

4. Who is your current employer? How long have you worked there? 

I am currently employed by Yale’s Lillian Goldman Law Library. I have worked here since March 2022.

5. Do you speak or read any foreign languages? 

I studied Russian in high school and college, and a little Spanish, and French in college and grad school. Russian is my strongest language, but I’m rusty since I don’t meet many who speak it. My brain does pull in the occasional Russian word that works in context; I then have to remember the English translation.

6. What is your most significant professional achievement? 

My most significant professional achievement is co-founding PEGA-SIS (from the Gen X/Y Caucus) with two phenomenal law librarians who took a mumbled one-off comment seriously and worked with me to create and run a real group that has grown beyond what we ever imagined.

7. What is your biggest food weakness? 

Dirty Chai. I am not a person who needs caffeine to function; a glass of water will do just fine, thank you very much! But I love a milky coffee (thanks to my Granny) and a spicy chai (the real stuff, not the syrupy mix!). A dirty chai is an obvious lovechild of the two. I am always tempted by it no matter the time of day. I use the resulting midnight wakefulness thinking about my poor choices and how I will never again have one so late in the day. Until the next time it happens.

8. What song makes you want to get up and sing/dance? 

This is hard because I have a jukebox in my head! Funk, soul, and R&B songs from the 70s. Just about anything for the 80s. Ninety’s alternative. Pop music! Prince. Amy Winehouse. It just depends on the day and the mood.

9. What ability or skill do you most wish you had (that you don’t have already)?

Sewing and clothing design. I see and try on clothes, dresses and pants, and have ideas of how to make it fit me or even look better, but I wasn’t taught to sew growing up. So, these are just dreams that dance in my head.

10. Aside from the basic necessities, what is one thing you can’t go a day without? 

Moisturizer. Gotta keep my skin young and supple.

11. Anything else you would like to share with us?

I have enjoyed my time as an FCIL librarian, meeting and spending time with FCIL colleagues around the country and world.

Trezlen Drake is the Head of Digital Resources and a Research Librarian at Yale’s Lillian Goldman Law Library.

By Jonathan Pratter

A student had a citation to the Year Books: Y.B. 1 Hen. 7 Mich. pl. 5, per Hussey, C.J. I could decipher this to mean the Year Book from the first year of the reign of King Henry VII, Michaelmas term, a statement by Chief Justice Hussey. But what was pl. 5? It turns out that this means plea number 5. Also, what exactly was the published source for this citation? That took some research.

The Year Books are the earliest reports of English cases. They were produced between 1268 and 1535. The original Year Books were manuscript. Not long after the introduction of printing to England, printed editions of Year Books began to be published. The standard print edition was produced between 1678 and 1680 and edited by John Maynard. It is known as the Maynard edition. A facsimile reprint was done in 1979-1981 and again in 2007. The title varies. In our law library we have adapted the title given in Manual of Law Librarianship (2^nd ed. 1987): Year Books or Reports in the following Reigns, 1 Edward II to 27 Henry VIII, with notes to Brook and Fitzherbert’s Abridgments. The Maynard edition has the case that I was looking for.

There are difficulties associated with using the Year Books. First, they are written in law French. The language of the Year Books is actually more accurately described as Anglo-Norman. A person who knows modern French will not be able to read the Year Books. A second difficulty is the heavy use of abbreviations and contractions. A partial remedy for both difficulties will be found in such works as Manual of Law French by J.H. Baker (2^nd edition 1990). In addition to an “Introduction to law French” and a “Bibliography of aids to interpretation”, there is an extensive glossary of law French terms translated into English, as well as a list of the more common abbreviations and contractions.

Another solution to the issue of the language of the Year Books is to use a translated edition. The Selden Society has produced a good number of carefully edited editions of the Year Books, with valuable introductions and with the law French and English translation on facing pages. For example, there is the Year Books of Edward II (1903), edited by probably the foremost legal historian of the Year Books, F.W. Maitland. In addition, there is an edition of Year Books known as the Rolls Series edition. This includes Year Books of the Reign of King Edward the First (published 1863-1879) and Year Books of the Reign of King Edward the Third (published 1883-1911), edited and translated by Horwood and Pike. These are available freely online in the Gallica database of the Bibliothèque Nationale de France, of all places. The links to the individual volumes are found in a research guide prepared by the Bodleian Law Library.

Hein Online has a collection called Selden Society Publications and the History of Early English Law. Although it is hard to tell, this collection appears to include all of the Selden Society publications, including the various volumes of the Year Books that appeared in the Selden Society Annual Series.

Also available freely online is a database titled Legal History: the Year Books. The subtitle is “An index and paraphrase of printed year book reports from medieval English legal history, 1268-1535.” The database is compiled by Professor David J. Seipp of Boston University School of Law, and is known popularly as Seipp’s Index. The database is based on the Maynard edition of the Year Books. The search screen allows searching by a number of criteria. The criterion that makes the most sense is to search by citation, i.e., term, regnal year, reign and plea number. Clicking on the “Seipp Number” in the search results brings up a substantial amount of information about the case in both English and law French, including a link to a pdf of the case in the reprint of the Maynard edition.

An excellent introduction is a short volume, The Year Books: Lectures Delivered in the University of London at the Request of the Faculty of Laws by W.C. Bolland (1921). It is available on HeinOnline and in Making of Modern Law.

By Marcelo Rodríguez

Through the FCIL Lens is a series aiming to put the spotlight on several rapidly (d)evolving flashpoints throughout the world. As Foreign, Comparative and International law librarians, we are tasked with keeping abreast and having a general knowledge of what is currently going on in other parts of the world. This type of knowledge is crucial to all legal researchers, and in particular, comparative legal research. Besides research, this type of information can be relevant for pedagogy, collection development and outreach purposes. Specifically, this blog series intends to fill out a gap when it comes to following and understanding situations in countries and jurisdictions located in the Global South which does not get much media attention here in the United States. 

For this post I have chosen events that took place over the past two months, December 2022 and January 2023 in the following countries: Peru, Sierra Leone, South Africa, Iran and Fiji. As in previous posts, these summaries aim to be descriptive, introductory, and to provide a stepping stone for further comprehensive research. Each summary also includes at least three important authoritative secondary sources.

• Relentless Social and Political Upheaval in Peru

• Sierra Leone’s New Landmark Pro-Women Rights Law

• South Africa’s Ramaphosa Impeachment Woes

• Iranian Protests Persist Despite Executions

• New Prime Minister, Old Rivalries in Fiji

The Diversity, Equity, and Inclusion Committee of the FCIL-SIS invites you to attend “What in the world…is happening in Haiti?,” on Wednesday, Feb. 22nd, 2023 at 1 pm EST. This webinar is the first in a series of webinars on international events that may impact FCILS-SIS and the wider AALL membership. It is being co-sponsored by the BLL-SIS and is a Black History Month event. It will focus the history of Haiti, the current situation, what the future may be, and a view of this issue from a librarian’s perspective i.e. finding resources relative to Haiti. Register at: https://tinyurl.com/DEIHaiti.

Interested in writing a recap blog post about this webinar? Please contact Meredith Capps, meredith.a.capps@vanderbilt.edu, and/or Jessica Pierucci, jpierucci@law.uci.edu.

2022 proved to be yet another productive year for our SIS, including on the DipLawMatic Dialogues Blog!  Worried that you missed something great?  Fear not – we’ve compiled a list of the most-viewed posts of 2022 so that you can catch up!

1. From the Reference Desk: Reflections on 35 Years as an FCIL Librarian, by Jonathan Pratter
2. From the Reference Desk: Who Are the Most Highly Qualified Publicists?, by Jonathan Pratter
3. Through the FCIL Lens: Ukraine, West Africa, Kuwait, India and Colombia, by Marcelo Rodríguez
4. From the Reference Desk: Are Legal Systems Converging, by Jonathan Pratter
5. New FCIL Librarian Series: Learning to Librarian, by Devan Orr
6. Related Organizations Series: Indigenous Peoples Law, by Julienne E. Grant, Joan Policastri, & Sue Silverman
7. From the Reference Desk: Researching International Arbitration, by Jonathan Pratter
8. AALL 2022 Recap: Teaching FCIL Research Roundtable, by Meredith Capps
9. AALL 2022 Recap: How to Research Brazilian Law and Government Information, by Devan Orr
10. IALL 2022 Recap: The Challenge of Building a Sustainable Tribal Law Infrastructure That Respects Tribal Sovereignty, by Joan Policastri
11. Through the FCIL Lens: Chile, Tunisia, Ethiopia, New Caledonia, Hong Kong, Germany, by Marcelo Rodríguez
12. IALL 2022 Recap: International Copyright and the Problem of Orphan Works, by Meredith Capps
13. What’s New in the Index for Foreign Legal Periodicals, by Marci Hoffman
14. Through the FCIL Lens: Haiti, Mali, Sudan, UAE, Kazakhstan and Germany (Syria), by Marcelo Rodríguez
15. Catching up with Dr. Rheny Pulungan, by the FCIL Schaffer Grant Fundraising Committee
16. From the Reference Desk: Researching Ancient Greek Law, by Jonathan Pratter
17. New FCIL Librarian Series: Putting the Social in Social Media, by Devan Orr
18. AALL 2022 Recap: Impressions from the Brazilian Law Panel, by Anahit Petrosyan
19. Through the FCIL Lens: Guatemala, Western Sahara, Kenya, Taiwan and Marshall Islands, by Marcelo Rodríguez
20. IALL 2022 Recap: Copy-Paste: Comparative Constitutionalism as Intellectual History, by David Isom
21. Related Organizations Series: AfLLIP’s Update, by Oludayo John Bamgbose
22. Through the FCIL Lens: Pakistan, Sri Lanka, Burkina Faso, Honduras and Europe, by Marcelo Rodríguez

In 2022, the blog was viewed more than 10,000 times, by nearly 7,000 readers in 120 countries.  Thanks to all who sent their announcements for inclusion on the blog, and to all of those who authored posts – recognized below – and contributed to this success!

Oludayo John Bamgbose * Meredith Capps * Julienne E. Grant * Marci Hoffman * David Isom * Michael McArthur * Paul Moorman * Devan Orr * Marcelo Rodríguez * Anahit Petrosyan* Jonathan Pratter * Lucie Olejnikova * Joan Policastri * Renu Urvashi Sagreiya * Sue Silverman

Want to contribute in 2023?  Contact FCIL Publicity Committee Co-Chairs Meredith Capps (meredith.a.capps@vanderbilt.edu) and/or Jessica Pierucci (jpierucci@law.uci.edu)!

1. Where did you grow up?

Norwell, MA, a pretty small town south of Boston.

2. Why did you select law librarianship as a career? 

After a short time practicing litigation, I realized practicing law was not for me.  I talked with my sister who was in library school, and she connected me with her roommate, an attorney who was in library school.  I have never looked back!  

3. When did you develop an interest in foreign, comparative, and/or international law? 

I studied international relations in undergrad, and had minors in French and Spanish.  When I was studying library science at Simmons, I saw a job posting for a reference assistant at Harvard’s ILS library.  I had never thought I could tie my undergrad studies into my career, and I was really excited about the possibility. 

4. Who is your current employer? How long have you worked there? 

I work at BC Law Library, where I started in February 2021, remotely.

5. Do you speak or read any foreign languages? 

I have minors from undergrad in French and Spanish.

6. What is your most significant professional achievement? 

One of the highlights for me recently was returning to academic law librarianship.  I left Boston University Law Library in January 2005 to work at a law firm.  After 7 years at the firm library, I stepped away from law librarianship, working part time at public, school and college libraries.  Then, in February 2021, I returned, starting my current position at Boston College Law School Library.

7. What is your biggest food weakness? 

Dark chocolate.

8. What song makes you want to get up and sing/dance? 

Think I might date myself here.  Anything by New Order.

9. What ability or skill do you most wish you had (that you don’t have already)?

I wish I had more language skills. My undergrad French and Spanish is rusty.  I wish I also had a non Romance language.

10. Aside from the basic necessities, what is one thing you can’t go a day without? 

Coffee.  Though that might be a basic necessity in most people’s books!

11. Anything else you would like to share with us?

I am beyond excited to be back in the role of FCIL specialist.  After stepping away from law librarianship, I did not think I would return to the job I love so much.  I also want to thank the Dream Team at Harvard who trained me: Jeannette Yackle, Stephen Wiles and Silke Sahl.  They were the best teachers and co-workers I could have ever had.