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

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III. SELECTED REFERENCES WANG CHENGUANG & ZHANG XIANCHU (EDS.), INTRODUCTION TO CHINESE LAW (Sweet & Maxwell Asia, 1997). C. W. CHIU, LEGAL SYSTEM OF THE PRC (Longman Group, 1997). CHRIS HUNTER (ED.), A GUIDE TO THE LEGAL SYSTEM OF THE PRC (Asia Law & Practice, 1997). STANLEY B. LUBMAN, CHINA’S LEGAL REFORMS (Oxford University Press, 1996). 36
I. COUNTRY PROFILE (Civil Law) CZECH REPUBLIC Ceska Republika The Czech Republic was established on January 1, 1993 as one of the two successor states to the peacefully divided Czechoslovakia. Its capital is Praha (Prague), and its official language is Czech. The Czech Republic is a parliamentary democracy. It is comprised of thirteen Administrative Regions (kraje) and the Capital City (hlavni mesto). The legal system is a civil law system based on Austro-Hungarian codes. The Constitution of the Czech Republic explicitly defines civil rights, the relationship between the executive and legislative branches of power, and the independence of the judiciary. The constitutional institutions include the President (Chief of State), the Parliament (comprising the Chamber of Deputies and the Senate), the Government (comprising the Prime Minister, as Head of Government, the Deputy Prime Minister and Ministers), the Constitutional Court, the system of courts (including the Supreme Court, the Supreme Administrative Court and superior, regional and district courts) and others. The President is elected to a term of five years by the members of both chambers of Parliament; the President may serve a maximum of two successive terms in office. Although presidential power is limited, the President retains the right to veto any bill passed by Parliament, with the exception of constitutional bills. This power is void in times of constitutional or other political crises. Parliament consists of two chambers: the Chamber of Deputies (Poslanecká sněmovna Parlamentu České republiky) and the Senate (Senát Parlamentu České republiky). Members of both the Chamber of Deputies and the Senate are directly elected by the people. The Chamber of Deputies consists of 200 deputies who are elected to terms of four years on the basis of proportional representation. Political parties must obtain at least five percent of the popular vote in order to gain seats in the Chamber. The President may dissolve the Chamber of Deputies as outlined in Article 35 of the Constitution. The Senate consists of eighty-one senators elected to six-year terms on the basis of majority vote; every two years, one-third of the Senate’s members come up for election. The Senate cannot be dissolved. Parliament passes all bills and expresses approval of important international treaties. It decides the most important acts of state, such as declaring war or approving the deployment of foreign armies on Czech soil. A resolution by a parliamentary chamber is passed by a clear majority of deputies or senators present. A constitutional bill or an international treaty must be approved by 60 percent of the total number of deputies and senators present. All bills are introduced in the Chamber of Deputies. Individual deputies, groups of deputies, the Senate, the Cabinet, and local or regional representatives all possess the right of legislative initiative. Once a bill is passed by the Chamber of Deputies, it is sent to the Senate which has the power to veto it, send it back to the Chamber of Deputies with amendments, or table the bill. The Constitutional Court (Ústavní soud) is a separate judicial body whose duty is to protect constitutional rights. It consists of fifteen Justices who are appointed to ten-year terms by the President with the consent of the Senate. Constitutional Court Justices are bound only by constitutional laws, international treaties, and by a law designating the proceedings of the Constitutional Court. The Supreme Court (Nejvyšší soud České republiky) is the supreme judicial body in all matters except those within the jurisdiction of the Constitutional Court and the Supreme 37
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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 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
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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:
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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:
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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 (
Page 254 and 255:
1.0 Basic Treaties Since most of th
Page 256 and 257:
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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