China Guiding Cases Project Update & Volunteer Opportunities

The China Guiding Cases Project is pleased to announce the opportunity to volunteer with the CGCP!  We are currently accepting applications to be part of the CGCP team over the coming year.  If you are interested in working with our diverse and experienced team on producing high quality products aimed at advancing understanding of Chinese law both inside and outside of China, please visit http://cgc.law.stanford.edu/volunteer.  Note that applications are due June 30, so don’t delay!

We are also pleased to announce the launch of Phase II of the China Guiding Cases Project website (http://cgc.law.stanford.edu)!  Visit the site now to see the following new features:

FOUR (4) China Law Summaries.  Visit our site to learn how Contract Law, Environmental and Resources Law, Intellectual Property Law and Labor Law is practiced in China.  Each summary includes an overview of the area of law, historical background, and reference materials linked to the original sources of law available in English and Chinese!
Quotes on the 1st FOUR (4) Guiding Cases.  Come see what has been said about each of the first batch of guiding cases since their release last December!
News and Events Page.  Learn about CGCP events and see how the CGCP has been covered in the news since our launch last year!

And, if you haven’t already done so, see our recently released….2nd Batch of FOUR (4) Guiding Cases.  The English translations of the second batch of Guiding Cases released by the Supreme People’s Court are now available on our website at http://cgc.law.stanford.edu/guiding-cases/.  The new cases include two (2) administrative penalty cases, one (1) construction project contract dispute and one (1) corporate dissolution dispute.

Two (2) NEW Expert Commentaries!
“How to Apply the Guiding Cases of the Supreme People’s Court in Judicial Practice” written by Judge CHEN Kui, President of the Dongguan Municipality No. 2 People’s Court of Guangdong Province (available at http://cgc.law.stanford.edu/expert-commentary/3-judge-chen/).

“Discussing the Guiding Case System with Chinese Characteristics By First Combining Guiding Case No. 1 with Adjudication Practices” by Judge OU Zelin, of the Second Civil Tribunal of the Dongguan Municipality No. 2 People’s Court of Guangdong Province, (available at http://cgc.law.stanford.edu/4-judge-ou/)

For future updates, please subscribe to the China Guiding Cases Project mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject.  Just enter your email address in the space provided and then click “Subscribe.”  Please note that we will be primarily using this list from now on to communicate important announcements and developments, so be sure to sign up today!

The CGCP Team
Stanford Law School
https://cgc.law.stanford.edu/

Indigenous Rights Case Law Database from CEPMLP

Court Interpretation of Indigenous Agreements: Database

The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) – University of Dundee (Scotland)

http://www.dundee.ac.uk/cepmlp/mining/indigenous/

From the database description:

This database has been compiled from over 200 cases and articles from courts/tribunals in Australia, Canada, New Zealand and the United States of America. The decisions collated for the database are those that interpret or apply documents involving indigenous parties. The database records, for each decision:

  • a brief summary of the decision (including URL where available);
  • the details of the document(s) involving indigenous parties; and
  • a summary of the court’s/tribunal’s engagement with that document.

The database’s search function allows users to focus and find decisions and articles according to particular need. For example, if researching the relevance of fiduciary obligations in relation to indigenous agreements, the database allows quick collation of all materials relevant to that.

 

 

 

 

 

ILO Database: Use of International Law by Domestic Courts

Free online resource from the International Labour Organization:

Use of International Law by Domestic Courts

http://compendium.itcilo.org/

From the Web site’s description:

Use of International Law by Domestic Courts contains a compendium of court decisions in which domestic courts have relied on elements of international law to resolve the cases brought before them]. The compendium is composed mainly of cases falling within the province of labour law but also comprises decisions concerning basic human rights more generally. The decisions are presented in the form of summaries underlining how international law was used in each specific case. At the end of each summary, the full text of the decision is available in the original language.

Each decision is classified according to the following four sets of criteria:

country of origin of the decision

main subject on which international law was referred to

role of international law

type of international instruments used in the decision

Whenever the legal system of the countries included in the compendium stipulates how international law is to be incorporated into national law or the authority to be attributed to it, the decisions of the country in question are preceded by an insert citing the relevant provisions.

Decisions can be accessed through three indexes: by country, by subject and according to the role of international law.

And finally, the compendium is complemented by a library that contains: the texts of ILO Conventions and Recommendations, as well as the texts of other international instruments referred to in the compendium; the work and documents of the international supervisory bodies; and a selection of publications.

i.lex – Legal Research System for International Law in U.S. Courts

The American Society of International Law (ASIL) has released its i.lex database of U.S. case law interpreting international law. Here is the description of the database from ASIL’s Web site:

This online database of select U.S. court cases and related materials is designed to serve as a practical resource for members of the judiciary and other legal professionals to identify and understand how international law is interpreted and applied by U.S. courts at both the federal and state level.

i.lex is not intended to serve as a comprehensive source of case law incorporating international law into the U.S. legal system. Rather, it offers users access to the most important cases involving particular areas of international law such as human rights, refugee and asylum law, diplomatic and consular relations, transportation and communication, trade and transactions, and more.

i.lex provides pdf versions of the opinions, as well as case summaries and brief anaylsis of a decision’s significance. One can search by keyword, topic, treaty or statute. The database includes both state and federal cases. Best of all, the folks at ASIL are not charging for this database.  Thanks ASIL.

i.lex Legal Research System for International Law in U.S. Courts

http://ilex.asil.org/