INTERNATIONAL JOURNAL OF LEGAL INFORMATION
THE OFFICIAL JOURNAL OF THE INTERNATIONAL ASSOCIATION OF LAW LIBRARIES
VOLUME 34 • NUMBER 2 • SUMMER 2006
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TABLE OF CONTENTS

EDITORIAL COMMENT Full-text   
  Mark D. Engsberg

vii

PRESIDENT'S REPORT Full-text   
  Jules Winterton

x

IALL 2005 Professional Development Scholarship Recipient's Reports

Full-text   
 

Harvinder Kaur
Maria Otero
214
218
ARTICLES    
The Changing Constitutional Role of the European Court of Justice

Julio Baquero Cruz

223

The EU Copyright Directive as Compared to US Copyright Law and its Implication for Libraries

Marco Marandola

246

The implementation of the European Copyright Directive Library lobby in France

 Michele Battisti

266

Introduction to the Italian Legal System. The Allocation of Normative Powers: Issues In Law Finding

Marinella Baschiera

278

Legal Information on the Web: the Case of Italy

 Ginevra Peruginelli

325

The "Norme in Rete" project: Standards and Tools for Italian Legislation

Enrico Francesconi

354

Open Access in Italy: Achievements and Future Prospects

 Paola Gargiulo

373

The Continued Resonance and Challenge of the "Ius Commune" in Modern European Contract Law

Martin J. Doris

387

Harmonising European Private International Law: A Replay of Hannibal's Crossing of the Alps?

 Eleanor Cashin Ritaine

415

 
 
 
BOOKS REVIEWS    
Religious Freedom in the Liberal State Mark P. Bernstein 435
Introduction to Turkish Law, 5th ed. Aslihan Bulut 437
International Sports Law Amy Burchfield 438
Family Transformed: Religion, Values, and Society In American Life Karin Johnsrud 440
A Basic Course in Public International Law Research Teresa Miguel 442
Core Questions of Comparative Law Marylin J. Raisch 444
On Common Laws Marylin J. Raisch 446
The Case of the "Traitors": An Essay on Freedom Of Speech in Politics Scott Rasmussen 449
Commentary on the UN Convention on the International Sale of Goods (CISG) Mary Rumsey 451
Tradition and Europeanization in Italian Law Herb Somers 453
Secrets and Laws: Collected Essays in Law, Lives and Literature Mary Elizabeth Williams 454
     
THE INTERNATIONAL CALENDAR Lyonette Louis-Jacques  457 
   
 

 

EDITORIAL COMMENT

This issue contains the proceedings from the International Association of Law Library’s 24th Annual Course on International Law Librarianship.  The meeting was held at the European University Institute, Badia Fiesolana, San Domenico di Fiesole, just outside the famously beautiful city of Florence, Italy.  It was a singularly beautiful venue for the Annual Course, and also contained a wealth of information about Italy and the EU that all conference delegates could bring back to their libraries or other places of work.

The theme of the conference was The European Union in the 21st Century: New Challenges in Law and Legal Information.  Not only was the conference venue beautiful, but the content of the conference was superlative.  The articles in this issue of the International Journal of Legal Information attest to the excellence of the speakers.  The program for this conference can still be viewed online at The conference was particularly timely as it followed closely on the heels of the defeat of the new EU constitution. 

This issue if the International Journal of Legal Information (IJLI) contains the comments from nearly every speaker at the conference.  After Jules Winterton’s President’s Report, the issue presents the reports from two of IALL scholarship recipients: María M. Otero, Director, University of Puerto Rico Law Library, San Juan, Puerto Rico, and Harvinder Kaur, Reference Librarian, Tan Sri Professor Ahmad Ibrahim Law Library, University of Malaya - Pantai Valley, Kuala Lumpur, Malaysia.  Their brief reports contain the scholarship recipients’ reflections on their experiences at the Annual Course. 

The first article in this issue of the IJLI is a paper presented at the first session of the conference, by Julio Baquero Cruz, Marie Curie Fellow at the Robert Schuman Centre, European Union Institute.  Mr. Cruz was part of the first session of the conference and his presentation discusses The Court and EU Constitutional Law. 

The Fiesole conference also contained excellent information on the EU Copyright Directive, devoting the entire second session of the conference to this important topic, critical to law librarians, legal practitioners, and judges around the globe.  Marco Marandola, international copyright adviser, presented a paper on The EU Copyright Directive as Compared to US Copyright Law and its Implications for Libraries.  His presentation was followed by that of Michèle Battisti, ADBS, Paris, who spoke on the Implementation of the EU Copyright Directive; her comments focus particularly on the French perspective of this issue.

Session three of the conference focused on the law of the host country, Italy.  Mirinella Baschiera, Ph.D researcher at the Law Department of the European University Institute, provided an Introduction to the Italian Legal System.  Ginevra Peruginelli, Instituto di Teoria e Tecniche dell’Informazione Giuridica, Florence, described Legal Information on the Web: the Case of Italy.  Ms. Peruginelli was followed by Enrico Francesconi, also from the Instituto di Teoria e Tecniche dell’Informazione Giuridica, Florence.  Mr. Francesconi outlined the complex subject of the “Norme in Rete” Project: Standards and Tools for Italian Legislation.  Rounding out this excellent session was the presentation of Paola Gargiulo, from the Library automation area, CASPUR.  Ms. Gargiulo spoke on Open Access in Italy: Achievements and Future Prospects.  All four of these excellent speakers’ comments are in this issue of the IJLI. 

The final session of the conference centered on Ius Commune.  Ius Commune is the body of law which the various European states had in common before the codification movement.  It also refers to a new common core of law upon which a kind of European Civil Code can be founded. The first speaker was Martin Doris, Ph.D researcher at the Law Department, European University Institute.  His paper focused on the Continued Resonance and Challenge of the Ius Commune in Modern European Contract Law.  The final paper was presented by Eleanor Cashin-Ritaine, vice-director and Head of Scientific Staff of the Swiss Institute of Comparative Law, Lausanne.  Ms. Cashin-Ritaine’s lecture is titled, Harmonizing European Private International Law: a Replay of Hannibal’s Crossing of the Alps?

As you can see from the speakers and topics outlined above, the IALL’s 24th Annual Course was - and this issue of the IJLI is - particularly rich in important and pertinent information about Europe for law librarians, lawyers, and judges.  And last - but certainly not least - are the usual top-notch contributions from the IJLI’s book review editor, Thomas Mills, and the editor of the International Calendar, Lyonette Louis-Jacques

The IALL Annual Course in International Law Librarianship is a unique and valuable experience for those who attend.  The opportunity to meet in interesting and beautiful venues, opportunities to network with colleagues from around the world, and stimulating intellectual program content make for a truly enriching personal and professional experience.  The conference in Italy was particularly wonderful, and the 2006 Course in Russia just this past September was absolutely fascinating.  The next course will be held in Mumbai, India in December 2007.  The conference planning is well underway, and a website containing conference information can already be found at http://www.iall.org/iall2007/ .  For those of you who have already attended an Annual Course, you can already imagine what a great experience the 26th Annual Course in Mumbai will be.  And for those who have yet to attend an Annual Course, why not start making plans to come to Mumbai next year?  I hope to see you there.

Mark D. Engsberg


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PRESIDENT'S REPORT

This is my second report to the membership as President of the International Association of Law Libraries, covering the period September 2005 to August 2006.

It is an ambition of the Association to foster national and regional law library associations and assist in their formation as part of the general aim of supporting law librarians. Back in 1968 the proposal, which led the following year to the foundation of the British and Irish Association of Law Librarians, was originally expressed in terms of a British section of the IALL. Much more recently, the Russian Association of Law Libraries was formed by a committed group who had attended several IALL conferences. During the past year there have been preliminary discussions regarding the possibilities of forming a law library group in Malaysia, an association of law libraries in India, and a regional association of law libraries for the former Yugoslavia. IALL has been associated with all of these initiatives and former IALL scholarship holders have played leading roles. We wish them all the very best of good fortune in their endeavours and will provide as much support as possible.

Turning to IALL activities, the Board of Directors met on 3rd September 2005 before the annual conference and again on 9th September 2005 immediately after the conference. Individual members of the Board met on a number of occasions during the year and kept in contact throughout the year to discuss issues concerning the Association.

The Association’s 24th Annual Course on International Law Librarianship on “The European Union in the 21st Century: New Challenges in Law and Legal Information” was held at the European University Institute close to the village of San Domenico di Fiesole near Florence in September 2005. The attractions of an outstanding academic programme and the delightful surroundings of Tuscany made this one of our most popular and successful events, attracting almost 150 people from more than 25 countries. Once again it was a very special occasion, giving us access to unique scholarly expertise and providing an opportunity for us to renew our contacts and meet new colleagues from law libraries across the world.

Among the participants at the 24th Annual Course, we were glad to welcome the recipients of Association Scholarships. Following the decision to increase the budget for scholarships, for the first time there were three recipients: Harvinder Kaur of the University of Malaya Law Library in Kuala Lumpur, Maria Otero-de Leon of the University of Puerto Rico Law Library, and Hudson Liyai of the University of Nairobi Law Library in Kenya.

The venue of the European University Institute (EUI) was particularly appropriate for the Association’s Annual Course. It provided the Association with a setting combining exceptional academic expertise and international scholarly endeavour, and it offered a superb physical space for the Course. The EUI was founded in 1972 by the European Community Member States to provide advanced academic training to PhD students and to promote research at the highest level. It carries out research from a European perspective in history, law, economics, and political and social science. We are most grateful to its President, Professor Yves Mény, for his kind permission for the Course to be held at the European University Institute and for EUI staff to participate as speakers and local organisers.

I should like to repeat our thanks to the local organising committee, Veerle Deckmyn, Tommaso Giordano, and Machteld Nijsten, and the Board Liaison Officer, Jarka Looks, for their successful work. It takes considerable skill, determination and imagination to run a complex and lengthy conference so smoothly and to the satisfaction of so many different people. Our colleague and fellow IALL member, Machteld Nijsten, should be singled out as she bore the primary responsibility and deserves particular praise for the way she conducted the planning and running of the conference. I should also like to thank Guido Badalamenti, Director of University of Siena Libraries and Michele Casalini of Casalini Libri for their hospitality.

The Annual General Meeting of the Association was held on Monday 5 September 2005 and included reports on the work of the Association, its Officers and Committees. As part of the increasing transparency of the Association, the Board, with the membership’s approval, appointed an independent auditor and the audited accounts for 2004 were approved. The AGM is also the venue for the presentation of the annual IALL Website Award; the 2005 Award was presented to Jeroen Vervliet, Director of the Peace Palace Library in The Hague, for his library’s excellent website, to be found at http://www.ppl.nl/.

IALL members have increasingly important roles in an increasingly global legal environment and we need to ensure that our Association is serving the profession in the most effective ways. The Board had initiated a strategic review in 2004-05 to define the Association’s priorities for development. A discussion document on strategic priorities for the Association created earlier in 2005 was discussed extensively at the Annual General Meeting. The document was amended with reference to the comments made at that meeting and made available on IALL’s website during late 2005 and the first part of 2006 for further comment by members unable to attend the AGM. It is scheduled to be formally adopted by the Board in September 2006.

I attended various events during the year representing the Association including the annual meeting of the American Association of Law Libraries in July 2006 where I spoke at the business meeting and hosted a reception, kindly sponsored by Thomson Legal and Regulatory, on behalf of the Association. I also attended the conference of the Nordic Law Librarians’ Group in June 2006 and gave a paper on internationalisation and law libraries.

I am glad to record that IFLA, at the proposal of IALL and the American Association of Law Libraries, approved in December 2005 the formation of an IFLA Section for Law Libraries chaired by our Immediate Past President, Holger Knudsen. We can contribute a great deal to the law library community and to the library community in general by engaging in advocacy on policy issues that concern us all and we can best do that in collaboration with others. IALL has been a member of the International Federation of Library Associations (IFLA) for many years and has participated in IFLA congresses by organising short sessions for those who include legal materials among their responsibilities but cannot attend IALL conferences. IALL looks forward to continuing to support IFLA and expanding the representation of law librarians at an international level in policy decisions which affect our professional lives. Holger Knudsen is chairing the meeting of the Section on Law Libraries in at the IFLA congress in Seoul, South Korea in August 2006 where a programme will be presented in collaboration with AALL on the governance and management of law library and other specialist library associations with Susan Fox, Executive Director of AALL, as a speaker.

For the first time the Association website made available reports on the work of the Association, its Officers and Committees in advance of the Annual general Meeting. The documents remain available in a newly created archive section of the website together with a copy of the audited accounts of the Association. A survey on the appearance and content of the Association website has been conducted during the year. Based on the findings of the survey, a new design for the site will be developed and ways to increase its substantive content will be sought.

The archives of the Association were recently deposited at the Institute of Advanced Legal Studies, University of London and detailed listings have now been drawn up. If the listings and various policies on access are approved by the Board, these listings will be available on the Association website after the conference. Although the archives of the Association are now safely in an institutional home, there are many gaps in the papers. I would urge anyone with records of the Association, even such things as programmes from the early conferences, to contact me with a view to depositing them so that we can build a full record of the Association’s history.

As I write, our 25th Annual Course on International Law Librarianship at the Law Faculty of the St. Petersburg State University in Russia from 10th to 14th September 2006 and the additional programme in Moscow are imminent. Board Liaison, Halvor Kongshavn and I visited the venue in early March 2006 and I am confident this will prove to be another memorable event and provide a valuable educational experience for all participants. The Course will also fulfil our mission in another way by supporting and encouraging the new Russian Association of Law Libraries. I look forward to meeting many of you again at our 25th Annual Course. I have no doubt it will be a highlight of the next report.

I finish this report by looking even further forward. I am delighted to announce that, following a visit by the President in December 2005, the venue for the 2007 conference has now been finalized. Uma Narayan, Librarian of the High Court in Mumbai and former IALL scholarship holder, will be the Local Organiser for the IALL’s 26th Annual Course in International Law Librarianship, “Global Challenges & the Indian Legal System,” in Mumbai, India from 1st to 5th December 2007.

Jules Winterton


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