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

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7.0 Official Publications Cite official publications by state governmental department, title, reference number if any, date or year, and page referenced. 8.0 Unpublished Materials Although references to unpublished court decisions are generally discouraged in academia, one may cite unpublished materials by name of author(s), department, date, and reference number if any. These citation rules, however, are not established in the citation guidelines. 9.0 Citation of Electronic Material There are no special rules available. 10.0 Unwritten Sources Cite unwritten sources by source, date, and reference number if any. III. SELECTED REFERENCES C. CAMBIER, PRINCIPES DU CONTENTIEUX ADMINISTRATIF (Bruxelles 1961). JOHN H. CRABB, THE CONSTITUTION OF BELGIUM AND THE BELGIAN CIVIL CODE (AS AMENDED TO SEPTEMBER 1, 1982 IN THE MONITEUR BELGE) (F.B. Rothman 1982). FRANCIS DELPEREE, LA CONSTITUTION FEDERALE DU 5 MAI 1993, (Bruxelles 1993). 20
BRAZIL Republica Federativa do Brasil (Federative Republic of Brazil) I. COUNTRY PROFILE (Civil Law) The Federative Republic of Brazil is a federal republic with twenty-six states and a federal district (Brasilia). The Republic was first established in 1889 and the original constitution of the Republic – modeled after the U.S. Constitution – was adopted in 1891. New constitutions were adopted in 1934, 1937, 1946, 1967, and 1988, prompted by regimes ranging from authoritarian to democratic. The current Federal Constitution, drafted by the National Constituent Assembly with significant levels of societal participation and adopted on October 5, 1988, is the most democratic constitution in Brazil’s history. It grants significant authority to the federal legislative bodies to counter the power of the President. The Constitution has been amended more than twenty-five times since 1988. The Constitution grants broad powers to the federal government, which is made up of executive, legislative, and judicial branches. It provides for universal suffrage, equal rights of citizens, and decentralizes power from the federal government to Brazil’s various states and municipalities. Powers not granted to the federal government or denies to the states are left to the states. The executive branch is headed by the President, who holds office for four years with the right to run for re-election for one additional four-year term. The President functions as both chief of state and head of government, and appoints a cabinet of ministers to head the respective ministries. The legislature consists of a bicameral National Congress (Congresso Nacional), which is composed of the Federal Senate (Senado Federal) and the Chamber of Deputies (Câmara dos Deputados). The Federal Senate has eighty-one members. Three members of the majority party are elected from each state or federal district to serve eight-year terms. Elections are staggered such that one-third of senators are elected in one four-year period and two-thirds are elected in the subsequent four-year period. The Chamber of Deputies has 513 members, who are elected by a proportional system to four-year terms. The Judiciary is made up of a complex structure of courts of specialized and general jurisdiction. The Supreme Federal Tribunal, situated in the capital city of Brasilia and consisting of eleven tenured judges, is the highest federal court in the country and is the court of ultimate jurisdiction for all constitutional issues rising from both state and federal courts. Regional federal trial and appeals courts are scattered throughout the country. Although Brazil is a civil law country, case law plays a very important role, particularly in public law where American constitutionalism has been influential. The Supreme Federal Tribunal acts as a court of first instance and may strike laws as unconstitutional. Its Justices are nominated by the President, must be approved by a majority of the Senate, and may hold office until the age of seventy. Each of Brazil’s states has its own constitution, governor, state legislature, and independent judiciary comprised of both superior courts (trial level) and courts of appeal. In addition to these courts of general jurisdiction, there are specialized state courts with jurisdiction over cases related to areas such as labor relations, military crimes, and electoral matters. Besides the Supreme Federal Tribunal (with general jurisdiction over both state and federal issues), the federal court system adjudicates only those cases where the Federation is named as a party. State courts have jurisdiction over all other cases. 21
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 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
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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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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
Page 168 and 169:
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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Page 184 and 185:
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
Page 236 and 237:
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
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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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