Guide to Foreign and International Legal Citations - New York ...

More documents

Recommendations

Info

92 ISRAEL Medinat Israel (State of Israel) I. COUNTRY PROFILE (Common Law) The State of Israel was founded on May 14, 1948 as a democratic Jewish state. Israel’s legal system is based on the common law tradition. The Israeli structure of government is a parliamentary democracy consisting of a legislative, executive and judicial branch. Its institutions are the Presidency (head of State), the Government (Cabinet of Ministers), the Parliament (Knesset), and the Judiciary. Israel’s fundamental law is comprised of the Basic Laws. Currently, there are twelve Basic Laws, outlining the fundamental features of the Israeli government; three additional Basic Laws are under consideration. Thus, Israel currently has no formal, single-document constitution. Individual civil rights have been recognized, however, by the Israeli Supreme Court based on two Basic Laws (Human Dignity and Freedom of Occupation) as well as other general rights which have been recognized in Israeli jurisprudence. Legislative power is vested in Parliament (Knesset), which consists of a single, 120 member chamber. Members of Parliament are directly elected by the people to four-year terms. Each party running for election presents a list of candidates, and the number of candidates elected from that party is proportional to the percentage of support the list receives. Legislation may be presented by an individual Parliament member, a group of Parliament members, the Government as a whole, or a single Minister from within the Government. After independence, Parliament enacted the Law and Administration Ordinance, stipulating that laws prevailing in the country prior to statehood would remain in force so long as they did not contradict the principles embodied in the Declaration of the Establishment of Israel or conflict with laws enacted by Parliament. Thus, the legal system includes remnants of Ottoman law, British Mandate laws, elements of Jewish religious law, and some aspects of other systems. The prevailing characteristic of the legal system, however, is the large corpus of independent statutory and case law that has evolved since 1948. Executive power is vested in the Government. The President is elected by Parliament to a seven-year term. The President is the head of state, but this is primarily a ceremonial role. The Prime Minister functions as the head of Government and exercises executive power. The President selects the party leader most able to form a Government, usually the head of the largest party in the Parliament, to serve as Prime Minister. Other Ministers are appointed by the Prime Minister with Parliament’s approval. These Ministers are typically responsible for one or more government ministries, but can also serve as a Minister without Portfolio. Judicial power is vested in the Judiciary, which is divided into two main categories. First, there are general courts of law, also called civil courts, which have general jurisdiction. The civil court system is comprised of three levels: the Supreme Court, the District Courts, and the Magistrates’ Courts. Second, there are tribunals or other authorities of limited jurisdiction. These tribunals include the military courts, the labor courts, the administrative courts, and the religious courts. The religious courts adjudicate certain matters of family law, with exclusive jurisdiction over some matters (such as marriages and divorces) and with concurrent jurisdiction with the civil courts over other matters. The religious courts apply the rules of their respective religious communities. The jury system is not used. The Supreme Court has supervisory power
over all other courts. It is both a court of appeal and a high court of justice, sitting as a court of first instance in constitutional and administrative cases. Internet Resources: State of Israel Government Gateway http://www.info.gov.il The Knesset http://www.knesset.gov.il The Judiciary http://www.court.gov.il Israel Ministry of Foreign Affairs http://www.mfa.gov.il II. CITATION GUIDE The State Comptroller and Ombudsman http://www.mevaker.gov.il Israel Ministry of Justice http://www.justice.gov.il The Government Internet Committee http://www.itpolicy.gov.il Central Bureau of Statistics http://www.cbs.gov.il The authoritative source for citing Israeli legal material is a report published in 1980 in the journal Hapraklit (Volume 33). This report is available only in Hebrew. 1.0 Constitution Israel has no formal, single-document constitution. Rather, it has a series of Basic Laws, some of which contain constitutional rights which have been acknowledged by the Israeli Court. Cite a Basic Law by title, year, official publication (“S.H.”), and page referenced: Basic Law: The Knesset, 1993, S. H. 239. The existing Basic Laws are: Basic Law: President of the State Basic Law: The Knesset Basic Law: The Government Basic Law: The Judiciary Basic Law: The Israel Defense Forces Basic Law: Jerusalem 2.0 Legislation 2.1 Primary or Secondary Legislation Basic Law: Israel Lands Basic Law: The State Comptroller Basic Law: The State Economy Basic Law: Human Dignity and Liberty Basic Law: Freedom of Occupation Basic Law: The Army Cite statutes and regulations by title and year in which it was first promulgated: The Criminal Act, 1977. Niarot Erech, 1968. 93
Page 1 and 2:
NEW YORK UNIVERSITY SCHOOL OF LAW J
Page 3 and 4:
Contents FORWARD AND GENERAL INSTRU
Page 5 and 6:
6.0 NEWSPAPERS AND WEEKLY JOURNALS
Page 7 and 8:
JAPAN..............................
Page 9 and 10:
9.0 CITATION OF ELECTRONIC MATERIAL
Page 11 and 12:
II. CITATION GUIDE.................
Page 13 and 14:
2.0 INTERNATIONAL CRIMINAL TRIBUNAL
Page 15 and 16:
Forward and General Instructions Pu
Page 17:
Acknowledgements Publication of the
Page 20 and 21:
2 http://www.jus.gov.ar/ II. CITATI
Page 22 and 23:
Courts of Ordinary Jurisdiction for
Page 24 and 25:
III. SELECTED REFERENCES ENRIQUE R.
Page 26 and 27:
The Federal Court of Australia was
Page 28 and 29:
Generally, court names are not incl
Page 30 and 31:
journal title (italicized), article
Page 32 and 33:
authority to test the constitutiona
Page 34 and 35:
16 Trial Court for cartels: Kartell
Page 36 and 37:
There are two guides available for
Page 38 and 39:
7.0 Official Publications Cite offi
Page 40 and 41:
Internet Resources: 22 Federal Sena
Page 42 and 43:
3.0 Jurisprudence Cite cases by typ
Page 44 and 45:
26 CANADA I. COUNTRY PROFILE (Commo
Page 46 and 47:
Cite laws by title (italicized), vo
Page 48 and 49:
7.0 Official Publications Cite offi
Page 50 and 51:
mainland China in 1997, but which k
Page 52 and 53:
There is no comprehensive system of
Page 54 and 55:
III. SELECTED REFERENCES WANG CHENG
Page 56 and 57:
Administrative Court. Supreme Court
Page 58 and 59:
Widely used monograph publications
Page 60 and 61: the other hand, do not bind Danish
Page 62 and 63: Regulations issued under the author
Page 64 and 65: 46 Poul Nyrup, Europas Fremtid, tal
Page 66 and 67: handles cases involving the state.
Page 68 and 69: 50 The official gazette of Egypt (a
Page 70 and 71: Internet Resource: 52 Parliament: h
Page 72 and 73: I. COUNTRY PROFILE (Civil Law) 54 F
Page 74 and 75: in the Statute Book, decisions of t
Page 76 and 77: I. COUNTRY PROFILE (Civil Law) 58 F
Page 78 and 79: 2.1.1 Official Gazette Laws and dec
Page 80 and 81: 62 Gazette du Palais (Gaz. Pal. or
Page 82 and 83: FRANÇOISE DREYFUS & FRANÇOIS D’
Page 84 and 85: of Justice (Bundesgerichtshof). In
Page 86 and 87: Many Federal Statutes can be found
Page 88 and 89: 4.0 Books Cite books by name of the
Page 90 and 91: I. COUNTRY PROFILE (Civil Law) 72 G
Page 92 and 93: 74 Ministerial Decision: Ypourgiki
Page 94 and 95: Cite articles in newspapers and wee
Page 96 and 97: 78 Archive of Consultation (Green)
Page 98 and 99: 80 Bendtzen, “The Double Marginal
Page 100 and 101: India does not have a uniform citat
Page 102 and 103: Previous reporters which no longer
Page 104 and 105: Cite articles in journals by name o
Page 106 and 107: support of the majority of the Hous
Page 108 and 109: Major law reporters are entitled an
Page 112 and 113: More formal citations, which includ
Page 114 and 115: Cite unpublished cases as if citing
Page 116 and 117: hears appeals from the Justice of t
Page 118 and 119: 3.0 Jurisprudence Cite cases by cou
Page 120 and 121: I. COUNTRY PROFILE (Civil Law) 102
Page 122 and 123: exceptions, the Japanese government
Page 124 and 125: 6.0 Newspapers and Weekly Journals
Page 126 and 127: 2.0 Legislation Cite legislation by
Page 128 and 129: 110 MEXICO Estados Unidos Mexicanos
Page 130 and 131: 112 phraseology is allowed when the
Page 132 and 133: Cite only official reporters, the n
Page 134 and 135: JAMES E. HERGER, AN INTRODUCTION TO
Page 136 and 137: The Supreme Court is the highest co
Page 138 and 139: III. SELECTED REFERENCES DRISS BASR
Page 140 and 141: The highest court is the Supreme Co
Page 142 and 143: 3.1 Courts Ordinary Jurisdiction Co
Page 144 and 145: 126 NEW ZEALAND I. COUNTRY PROFILE
Page 146 and 147: Cite bills in the same way as acts
Page 148 and 149: Cite journal articles only availabl
Page 150 and 151: 132 NIGERIA Federal Republic of Nig
Page 152 and 153: 2.4 Edicts 134 Decree No.28 of 1970
Page 154 and 155: I. COUNTRY PROFILE (Civil Law) 136
Page 156 and 157: 3.1 Reporters The most common repor
Page 158 and 159: II. CITATION GUIDE There is no unif
Page 160 and 161:
4.0 Books 142 Khawaja Textile Mills
Page 162 and 163:
144 THE PHILIPPINES Republika ng Pi
Page 164 and 165:
2.3 Codes Cite codes by common titl
Page 166 and 167:
4.0 Books Cite books by volume (if
Page 168 and 169:
I. COUNTRY PROFILE (Civil Law) 150
Page 170 and 171:
152 Art. 200 k.k. Alternatively, in
Page 172 and 173:
1.0 Constitution Cite the Constitut
Page 174 and 175:
8.0 Unpublished Materials Cite thes
Page 176 and 177:
Rossiiskoi Federatsii). Ten Federal
Page 178 and 179:
There are two main types of preside
Page 180 and 181:
6.0 Newspapers and Weekly Journals
Page 182 and 183:
II. CITATION GUIDE There is no unif
Page 184 and 185:
166 SOUTH AFRICA Republic of South
Page 186 and 187:
3.0 Jurisprudence Cite cases by nam
Page 188 and 189:
170 SOUTH KOREA Taehan-min'guk (Rep
Page 190 and 191:
172 Code of Criminal Procedure (Hyo
Page 192 and 193:
III. SELECTED REFERENCES SUPREME CO
Page 194 and 195:
The autonomous communities operate
Page 196 and 197:
3.2 Reports When possible, cite to
Page 198 and 199:
180 Constitution Act: Regeringsform
Page 200 and 201:
182 SWITZERLAND Confédération Sui
Page 202 and 203:
2.2 Codes Cite codes by article and
Page 204 and 205:
Tribunaux (JdT), La Semaine Judicia
Page 206 and 207:
Page 208 and 209:
II. CITATION GUIDE There is no unif
Page 210 and 211:
calendar, see Section 0.2 above), e
Page 212 and 213:
194 TANZANIA Jamhuri ya Muungano wa
Page 214 and 215:
3.2 Unreported Cases Cite unreporte
Page 216 and 217:
198 Parliament http://www.parliamen
Page 218 and 219:
Page 220 and 221:
Other legislative sources of law us
Page 222 and 223:
204 Lutfi Duran, “Anayasa Mahkeme
Page 224 and 225:
206 UNITED KINGDOM I. COUNTRY PROFI
Page 226 and 227:
2.0 Legislation Cite a statute by s
Page 228 and 229:
(BCLC)). In such circumstances, it
Page 230 and 231:
212 UNITED STATES OF AMERICA I. COU
Page 232 and 233:
2.1 State and Territory Abbreviatio
Page 234 and 235:
4.0 Books Cite books by name of the
Page 236 and 237:
218 UNITED NATIONS & INTERNATIONAL
Page 238 and 239:
They have wide-ranging internationa
Page 240 and 241:
Alternatively, cite U.N. SCOR by vo
Page 242 and 243:
2.3.1 Parent Organs The major paren
Page 244 and 245:
2.3.6 Various Examples 226 A/52/4 [
Page 246 and 247:
3.0 International Court of Justice
Page 248 and 249:
Maritime Delimitation Between Guine
Page 250 and 251:
III. SELECTED REFERENCES ROGER A. C
Page 252 and 253:
European Coal and Steel Community (
Page 254 and 255:
1.0 Basic Treaties Since most of th
Page 256 and 257:
Beyond these more formal rules, aut
Page 258 and 259:
Case 26/76 Metro SB-Grossmärkte Gm
Page 260 and 261:
Case 168/78 Commission v France (Al
Page 262 and 263:
Cases 48, 49, 51-57/69 Imperial Che
Page 264 and 265:
I. ORGANIZATION PROFILE 246 WORLD T
Page 266 and 267:
Final Act Embodying Uruguay Round:
Page 268 and 269:
1.2 Subsequent or Informal Citation
Page 270 and 271:
of GATT/WTO schedules into the Harm
Page 272 and 273:
254 Treatment by Germany of Imports
Page 274 and 275:
III. SELECTED REFERENCES JEANNE REH
Page 276 and 277:
4.2 General Comments Cite general c
Page 278 and 279:
260 III. HYBRID COURTS (Internation
Page 280 and 281:
2.1.1 Unreported Decisions before N
Page 282 and 283:
1.3 Separate Opinions Cite separate
Page 284 and 285:
266 Significant Multilateral Treati
Page 286 and 287:
3.0 Human Rights Convention on the
Page 288 and 289:
11.2 Road Traffic Convention on Roa
Page 290 and 291:
23.0 Antarctica Antarctic Treaty (W
Page 292 and 293:
4.0 Relationship of International a
Page 294 and 295:
12.0 State Responsibility Salem Cas
Page 296:
21.0 International Trade Law [See t
show all

Guide to Foreign and International Legal Citations - New York ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?