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III. SELECTED REFERENCES ENRIQUE R. AFTALION, INTRODUCTION AL DERECHO (Abeledo Perrot 1999). GERMAN J. BIDART CAMPOS, THE ARGENTINE SUPREME COURT: THE COURT OF CONSTITUTIONAL GUARANTEES (Hein & Company 1982). GERMAN J. BIDART CAMPOS, DERECHO CONSTITUCIONAL DEL PODER (Ediar 1967). EDUARDO COUTIVE, INTRODUCCIÓN DERECHO PROCESAL CIVIL (Depalma 1988). JULIO B.J. MAIER, DERECHO PROCESAL PENAL (Rústica 1999). 6
AUSTRALIA I. COUNTRY PROFILE (Common Law) Australia’s government is based upon representative democracy through a federal system. The Australian Constitution, which took effect on January 1, 1901, establishes the powers of the Commonwealth (the federal government) with all undesignated powers being reserved to the states and self-governing territory governments. The Commonwealth is comprised of six states and ten territories. The territories are generally governed by the Commonwealth, although the two mainland federal territories, the Northern Territory and the Australian Capital Territory, have responsibilities similar to the states through self-governing arrangements. English is the official language. The Constitution provides for separate executive, legislative, and judicial branches. As in other parliamentary systems, the executive branch, including the Prime Minister and cabinet ministers, are elected by members of the party or parties that control the Parliament. Following the Westminster system of separation of powers, Parliament is responsible for establishing law and has the sole power to pass Acts, the Executive is charged with enforcing the law and has the power to make rules and regulations necessary to implement Parliamentary Acts, and the Judicial branch is responsible for interpreting the law. The Commonwealth and each State are governed by elected Parliaments. The Commonwealth Parliament is formally headed by the Sovereign royal of Great Britain. The Commonwealth Senate is made up of seventy-six Senators, twelve Senators from each of the six states and two Senators each from the Northern Territory and the Australian Capital Territory. Senators serve a term of approximately six years (Parliamentary elections occur at least every three years or whenever the Prime Minister’s party loses control of Parliament) with half of the Senators from each state or self-governing territory being elected during the general parliamentary election. The Constitution requires that the number of Representatives be “as nearly as practicable” twice the number of Senators, with the number from each state depending upon its relative proportion of the overall population. Representatives serve for the length of the current Parliament, generally three years. Laws are made by the federal, state and territorial parliaments in generally the same way. A member of either house may introduce legislation which must be voted on and approved by both houses by a majority vote. The Governor-General then signs the legislation giving it royal assent and making it an Act of Parliament and thus, law. Whenever a federal law conflicts with a state law the federal law prevails. The Constitution vests the judicial power of the Commonwealth in the High Court of Australia as the Federal Supreme Court. The High Court is vested with both original and appellate jurisdiction. Original jurisdiction applies in cases involving: treaties, suits between states or between persons suing or being sued by or on the behalf of a state, suits in which the Commonwealth of Australia is a party, and matters involving writs of mandamus or prohibition. Appellate jurisdiction applies to appeals from decisions of: High Court original jurisdiction, Federal courts, Federal Magistrates Service, courts exercising federal jurisdiction, and State Supreme Courts. The High Court has discretion in deciding which appeals to hear. It must consider, however, whether the issues on appeal involve questions of law of public importance, differences among lower court decisions, or issue that “in the interests of the administration of justice” should be considered by the High Court. 7
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 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
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I. COUNTRY PROFILE (Civil Law) 58 F
Page 78 and 79:
2.1.1 Official Gazette Laws and dec
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62 Gazette du Palais (Gaz. Pal. or
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FRANÇOISE DREYFUS & FRANÇOIS D’
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of Justice (Bundesgerichtshof). In
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Many Federal Statutes can be found
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4.0 Books Cite books by name of the
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I. COUNTRY PROFILE (Civil Law) 72 G
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74 Ministerial Decision: Ypourgiki
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Cite articles in newspapers and wee
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78 Archive of Consultation (Green)
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80 Bendtzen, “The Double Marginal
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India does not have a uniform citat
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Previous reporters which no longer
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Cite articles in journals by name o
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support of the majority of the Hous
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Major law reporters are entitled an
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92 ISRAEL Medinat Israel (State of
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More formal citations, which includ
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Cite unpublished cases as if citing
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hears appeals from the Justice of t
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3.0 Jurisprudence Cite cases by cou
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I. COUNTRY PROFILE (Civil Law) 102
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exceptions, the Japanese government
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6.0 Newspapers and Weekly Journals
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2.0 Legislation Cite legislation by
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110 MEXICO Estados Unidos Mexicanos
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112 phraseology is allowed when the
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Cite only official reporters, the n
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JAMES E. HERGER, AN INTRODUCTION TO
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The Supreme Court is the highest co
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III. SELECTED REFERENCES DRISS BASR
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The highest court is the Supreme Co
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3.1 Courts Ordinary Jurisdiction Co
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126 NEW ZEALAND I. COUNTRY PROFILE
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Cite bills in the same way as acts
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Cite journal articles only availabl
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132 NIGERIA Federal Republic of Nig
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2.4 Edicts 134 Decree No.28 of 1970
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Page 156 and 157:
3.1 Reporters The most common repor
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II. CITATION GUIDE There is no unif
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4.0 Books 142 Khawaja Textile Mills
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144 THE PHILIPPINES Republika ng Pi
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2.3 Codes Cite codes by common titl
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4.0 Books Cite books by volume (if
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Page 170 and 171:
152 Art. 200 k.k. Alternatively, in
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1.0 Constitution Cite the Constitut
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8.0 Unpublished Materials Cite thes
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Rossiiskoi Federatsii). Ten Federal
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There are two main types of preside
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6.0 Newspapers and Weekly Journals
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166 SOUTH AFRICA Republic of South
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3.0 Jurisprudence Cite cases by nam
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170 SOUTH KOREA Taehan-min'guk (Rep
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172 Code of Criminal Procedure (Hyo
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III. SELECTED REFERENCES SUPREME CO
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The autonomous communities operate
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3.2 Reports When possible, cite to
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180 Constitution Act: Regeringsform
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182 SWITZERLAND Confédération Sui
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2.2 Codes Cite codes by article and
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Tribunaux (JdT), La Semaine Judicia
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Page 208 and 209:
Page 210 and 211:
calendar, see Section 0.2 above), e
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194 TANZANIA Jamhuri ya Muungano wa
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3.2 Unreported Cases Cite unreporte
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198 Parliament http://www.parliamen
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Page 220 and 221:
Other legislative sources of law us
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204 Lutfi Duran, “Anayasa Mahkeme
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206 UNITED KINGDOM I. COUNTRY PROFI
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2.0 Legislation Cite a statute by s
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(BCLC)). In such circumstances, it
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212 UNITED STATES OF AMERICA I. COU
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2.1 State and Territory Abbreviatio
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4.0 Books Cite books by name of the
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218 UNITED NATIONS & INTERNATIONAL
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They have wide-ranging internationa
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Alternatively, cite U.N. SCOR by vo
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2.3.1 Parent Organs The major paren
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2.3.6 Various Examples 226 A/52/4 [
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3.0 International Court of Justice
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Maritime Delimitation Between Guine
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III. SELECTED REFERENCES ROGER A. C
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European Coal and Steel Community (
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1.0 Basic Treaties Since most of th
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Beyond these more formal rules, aut
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Case 26/76 Metro SB-Grossmärkte Gm
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Case 168/78 Commission v France (Al
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Cases 48, 49, 51-57/69 Imperial Che
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I. ORGANIZATION PROFILE 246 WORLD T
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Final Act Embodying Uruguay Round:
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1.2 Subsequent or Informal Citation
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of GATT/WTO schedules into the Harm
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254 Treatment by Germany of Imports
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III. SELECTED REFERENCES JEANNE REH
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4.2 General Comments Cite general c
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260 III. HYBRID COURTS (Internation
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2.1.1 Unreported Decisions before N
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1.3 Separate Opinions Cite separate
Page 284 and 285:
266 Significant Multilateral Treati
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3.0 Human Rights Convention on the
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11.2 Road Traffic Convention on Roa
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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
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