Legal Research Reports - Recent Updates

Legal Research Reports - Recent Updates

08/10/2017 02:30 PM
Legal Research Reports: Refugee Law and Policy

The Law Library of Congress is proud to present the report, Refugee Law and Policy

This report describes the law and policy on refugees and other asylum seekers in 22 geographically dispersed countries and, at the supranational level, in the European Union. The individual surveys cover such topics as participation in relevant international conventions; laws and regulations governing the admission of refugees and handling refugee claims; processes for handling refugees arriving at the border; procedures for evaluating whether an applicant is entitled to refugee status; the accommodations and assistance provided to refugees in the jurisdiction; requirements for naturalization; and whether asylum policy has been affected by international emergencies, such as the current refugee crisis in Europe.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


08/03/2017 02:30 PM
Legal Research Reports: Foreign Intelligence Gathering Laws and Government Access to Encrypted Communications

The Law Library of Congress is proud to present two reports, Foreign Intelligence Gathering Laws and Government Access to Encrypted Communications.

The Foreign Intelligence Gathering Laws report contains information on laws regulating the collection of intelligence in the European Union, United Kingdom, France, Netherlands, Portugal, Romania, and Sweden. The report details how EU Members States control activities of their intelligence agencies and what restrictions are imposed on information collection.  All EU Member States follow EU legislation on personal data protection, which is a part of the common European Union responsibility. A comparative summary is available.

More information on this report is available in an In Custodia Legis blog post.

The Government Access to Encrypted Communications report describes the law of 12 nations and the European Union on whether the government, pursuant to a court order or other government process, can require companies to decrypt encrypted communications or provide the government with the means to do so. Some of the surveys provide additional information on related surveillance issues like the law on monitoring and intercepting communications. The report finds that while there is a range of approaches among the surveyed countries, a majority make provision for specified intelligence or law enforcement agencies to obtain access to encrypted communications or the means of decryption under certain circumstances.

More information on this report is available in an In Custodia Legis blog post.

These reports are two of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


07/27/2017 02:30 PM
Legal Research Reports: Legal Requirements for Travel by Unaccompanied Minors and Status of Unaccompanied Children Arriving at the EU Borders

The Law Library of Congress is proud to present two reports, Legal Requirements for Travel by Unaccompanied Minors and Status of Unaccompanied Children Arriving at the EU Borders

The report Legal Requirements for Travel by Unaccompanied Minors provides a review of the domestic laws and procedures regulating the travel of children abroad in El Salvador, Guatemala, Honduras, and Mexico—countries of origin for the majority of unaccompanied children caught crossing the United States border in 2012–2014. The report concludes that the migration legislation of all of the countries surveyed requires parental authorization for all minors traveling outside of the country. The laws of Mexico and Guatemala make possession of a passport a mandatory requirement for travel, and Honduran law prohibits the travel of unaccompanied minors.

The second report is Status of Unaccompanied Children Arriving at the EU Borders. At the core of the Common European Asylum System established by the European Union (EU) is the right to asylum and the prohibition of refoulement. EU Members are required to handle requests submitted by unaccompanied minors in conformity with the principle of the best interests of the child. EU asylum law applies to unaccompanied children from the time they arrive at the EU borders, and minors are entitled to remain in the territory of the host state until a final decision is made on their status. The United Kingdom, Ireland, and Denmark have opted out of most of the EU asylum legislation.

These reports are two of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


07/20/2017 02:30 PM
Legal Research Reports: Regulation of Campaign Finance and Free Advertising

The Law Library of Congress is proud to present the report, Regulation of Campaign Finance and Free Advertising

This report discusses the regulation of campaign financing and spending in national elections and the availability of free airtime for campaign advertising in Austria, Canada, Finland, Israel, Japan, New Zealand, and the United Kingdom. Specifically, the individual country surveys address the extent to which each country applies limits on the amounts that can be contributed to political parties and candidates, the existence of ceilings on campaign expenditures, and the availability of free airtime for broadcast advertising. Countries included in this study demonstrate different models used in regulating campaign financing.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


07/13/2017 02:30 PM
Legal Research Reports: Training Related to Combating Human Trafficking

The Law Library of Congress is proud to present the report, Training Related to Combating Human Trafficking.

This chart covers extradition rules for citizens in 157 jurisdictions. Note that many countries will not extradite anyone for political crimes or will not extradite an individual to a country that imposes capital punishment. Those two restrictions were not considered in the making of this chart, as they generally apply to requests to extradite both citizens and foreigners.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


07/06/2017 02:30 PM
Legal Research Reports: Veterans' Benefits for Noncitizens

The Law Library of Congress is proud to present the report, Veterans' Benefits for Noncitizens

This report provides information on the law on veterans’ benefits for noncitizens in France and Israel. France’s Parliament froze the pensions of military veterans from France’s former colonies in 1959, but after French courts ruled this practice to be contrary to antidiscrimination laws, the Parliament adopted legislation to unfreeze the pensions for colonial military veterans. Israeli law on veterans’ benefits generally depends on eligibility criteria that do not include place of residence or citizenship.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


06/29/2017 02:30 PM
Legal Research Reports: Law on Extradition of Citizens

The Law Library of Congress is proud to present the report, Law on Extradition of Citizens

This chart covers extradition rules for citizens in 157 jurisdictions. Note that many countries will not extradite anyone for political crimes or will not extradite an individual to a country that imposes capital punishment. Those two restrictions were not considered in the making of this chart, as they generally apply to requests to extradite both citizens and foreigners.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


06/22/2017 02:30 PM
Legal Research Reports: Patent Term Extensions and Adjustments

The Law Library of Congress is proud to present the report, Patent Term Extensions and Adjustments

This report surveys the law on extensions and adjustments of patents in nine jurisdictions: Australia, Canada, the European Union, France, Germany, Israel, Japan, South Korea, and the United Kingdom. All of the surveyed jurisdictions provide for a standard patent term of twenty years, and all of them except Canada provide for extensions of protection for certain products that are subject to regulatory approval before they can be marketed. While Canada currently does not have legislation providing for extensions of patent protection, it is currently negotiating a trade agreement with the European Union that in draft form provides for patent term extensions of two to five years for qualifying pharmaceutical products.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


06/15/2017 02:30 PM
Legal Research Reports: Israel: Military Court Decision on Killing Neutralized Palestinian Assailant

The Law Library of Congress is proud to present the report, Israel: Military Court Decision on Killing Neutralized Palestinian Assailant.

On January 4, 2017, Israel’s Military Court convicted a sergeant in the Israel Defense Forces of manslaughter and of “unbecoming conduct” for shooting and killing an injured Palestinian assailant without justification and in violation of military rules of engagement. The Court ruled that the defendant’s act was not intended for the performance of a defined mission.  Taking a person’s life after he has been subdued—even the life of a “terrorist,” as the assailant is referred to throughout the decision—is prohibited and violated military ethical rules, the Court said, and as such did not coincide with the behavior expected from a soldier at the rank of the defendant. 

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


06/08/2017 02:30 PM
Legal Research Reports: Miranda Warning Equivalents Abroad

The Law Library of Congress is proud to present the report, Miranda Warning Equivalents Abroad

This report contains short summaries describing warnings similar to the Miranda warning that are required in 108 jurisdictions around the globe. The warnings specified in the surveyed jurisdictions vary, but typically include the right to remain silent and the right to legal counsel. A number of countries also specify that a person who is arrested or detained has the right to be informed of the reasons for the arrest or detention or of the charges being brought. In some countries, the additional right to have these things explained in a language the detainee understands is explicitly stated. Countries surveyed that have no Miranda-type warning were not included.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


06/01/2017 02:30 PM
Legal Research Reports: Laws Lifting Sovereign Immunity

The Law Library of Congress is proud to present the report, Laws Lifting Sovereign Immunity

This report provides a review of laws adopted in Cuba, Iran, Libya, Russia, Sudan, and Syria on lifting the sovereign immunity of foreign states. Individual lawsuits against the United States brought before national and international courts by these countries are also analyzed. Except for Iran and Russia, the surveyed countries have no specific legislation addressing general principles of sovereign immunity. Iran uses domestic counterterrorism legislation to facilitate the freezing of financial assets of foreign governments. Syria uses such legislation to freeze the assets of individuals, including government officials, while Sudan uses it simply to prosecute foreign nationals. Cuba and Iran have adopted special laws targeting the US.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


05/04/2017 02:30 PM
Legal Research Reports: Switzerland: Implementation of Article 126 of the Swiss Constitution – The “Debt Brake”

The Law Library of Congress is proud to present the report, Switzerland: Implementation of Article 126 of the Swiss Constitution – The “Debt Brake”.

Article 126 of the Swiss Constitution codifies a fiscal rule for the federal government called “debt brake,” which is designed to finance expenditures through revenues instead of new debt. It was first applied in the federal budget of 2003. Details of the debt brake are implemented in articles 13 to 18 of the Financial Budget Act. Compliance is monitored by the Swiss Federal Audit Office.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


04/27/2017 02:30 PM
Legal Research Reports: Decriminalization of Narcotics

The Law Library of Congress is proud to present the report, Decriminalization of Narcotics

This report provides a review of laws adopted in 16 countries with regard to legalization, decriminalization, or other forms of regulation of narcotics and other psychoactive substances. Individual country surveys included in this study demonstrate varied approaches to the problem of prosecuting drug use, possession, manufacturing, purchase, and sale. The country surveys demonstrate some diversity and common threads among these jurisdictions as to defining narcotics, distinguishing between “hard” and “soft” drugs, establishing special regulations concerning cannabis, refusing to prosecute personal use and/or possession of small quantities of drugs for personal use, giving law enforcement authorities the discretion not to prosecute minors and first-time offenders, applying alternative forms of punishment, and providing treatment opportunities.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


04/20/2017 02:30 PM
Legal Research Reports: Japan: 2016 Criminal Justice System Reform

The Law Library of Congress is proud to present the report, Japan: 2016 Criminal Justice System Reform

Japan made reforms to its criminal justice system in June 2016 by amending its Criminal Procedure Code and other laws. The reform that received the most discussion by Japan’s Judicial System Committee was the introduction of the mandatory video recording of interrogations. Another reform that was introduced was bargaining between the defendant and the prosecutor. New crimes were also added to the list of those in which suspects’ communications may be intercepted. In addition, the scope of evidence that must be disclosed in trials was expanded, and new measures to protect witnesses and victims were introduced.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


04/13/2017 02:30 PM
Legal Research Reports: Regulation of Drones

The Law Library of Congress is proud to present the report, Regulation of Drones

The increased use of drones for civilian applications has presented many countries with regulatory challenges. Such challenges include the need to ensure that drones are operated safely, without harming public and national security, and in a way that would protect areas of national, historical, or natural importance. A variety of the countries surveyed in this report have also made efforts to address concerns regarding the property and privacy rights of landowners or other persons impacted by the operation of drones.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


04/06/2017 02:30 PM
Legal Research Reports: Constitutional Right to an Education

The Law Library of Congress is proud to present the report, Constitutional Right to an Education

This report describes the law of twenty jurisdictions on the right to education, and whether the right appears in the national constitution or in statutory law. The jurisdictions selected for review have different constitutional arrangements and reflect diverse political, cultural, and economic experiences. All of the surveyed jurisdictions recognize the right to education. Fifteen of them provide for the right in their national constitutions, while five provide for the right through legislation. All reflect an interesting diversity in how the right to education is recognized in varied jurisdictions around the globe.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


03/30/2017 02:30 PM
Legal Research Reports: Egypt: Sexual Violence Against Women

The Law Library of Congress is proud to present the report, Egypt: Sexual Violence Against Women

Violence against women has been a significant social and legal problem in Egypt for decades. The two main legislative instruments protecting women from sexual violence are the Egyptian Constitution of 2014 and the Criminal Code of 1937 and its amendments. The Egyptian Constitution of 2014 not only preserved the rights granted to women by previous Egyptian Constitutions but also introduced more rights aimed at protecting women from other forms of violence and discrimination.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


03/23/2017 02:30 PM
Legal Research Reports: Genocide, Crimes Against Humanity, and War Crimes Jurisdiction

The Law Library of Congress is proud to present the report, Genocide, Crimes Against Humanity, and War Crimes Jurisdiction

This report covers 149 jurisdictions that have laws punishing at least one of the three crimes, genocide, crimes against humanity, or war crimes. It indicates, where information was available, whether those laws cover only nationals, foreign persons when the offense is committed within the territory, or foreign persons when the offenses are committed outside of the country’s borders. In cases for which it is known that the laws have actually been applied, that information is included.

More information on this report is available in an In Custodia Legis blog post.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


03/16/2017 03:24 PM
Legal Research Reports: Laws on Leg-Hold Animal Traps Around the World

The Law Library of Congress is proud to present the report, Laws on Leg-Hold Animal Traps Around the World

The report contains information on laws regulating or banning the use of leg-hold traps in 108 jurisdictions. In a number of jurisdictions the law generally regulates or bans all traps, or prohibits trapping in particular areas, without separately addressing the question of leg-hold traps. Countries with laws that merely provide in general terms that animals must be treated humanely have not been included. Some countries, such as India and Sri Lanka, have at times considered restrictions on traps but to date have not adopted them; such countries are not listed here.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


12/15/2015 04:44 PM
UPDATED: Legal Research Reports: Japan: Interpretations of Article 9 of the Constitution

The Law Library of Congress is proud to present a new report, Japan: Interpretations of Article 9 of the Constitution.

One of the distinctive features of Japan’s current Constitution is its embrace of pacifism. In article 9 of the Constitution, Japan is allowed the Jieitai, Self-Defense Forces (SDF), but many have argued that the SDF is in fact a military organization and that its existence is unconstitutional. The government has interpreted article 9 of the Constitution to legalize and limit the SDF, and there has historically been limited support to amend article 9. However, global political and security issues impacting Japan have changed, as have the viewpoints of the Japanese people, and there now appear to be realistic opportunities to amend article 9.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


12/15/2015 03:00 PM
Legal Research Reports: Japan: Article 9 of the Constitution

The Law Library of Congress is proud to present a new report, Japan: Article 9 of the Constitution.

Although from the mid-1980s until recently, the Kurdistan Workers’ Party (known as the PKK) was the major insurgent opponent of the Turkish government, in the past couple of years the Islamic State of Iraq and the Levant (ISIL) and small Marxist-Leninist groups have come to play a role in terrorist attacks in the country.  Foreign fighters engaged in the Syrian civil war have also posed problems for national security in the last several years.  Turkey has responded to terrorism not only by adopting more stringent laws, but also, among other measures, by creating a terrorist blacklist, enhancing antiterrorist international cooperation, using an outreach program to communities to prevent terrorist recruitment, and relying on Turkey’s chief religious affairs body to counter violent extremist messaging.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 

 


12/10/2015 03:00 PM
Legal Research Reports: Turkey: Recent Developments in National and Public Security Law

The Law Library of Congress is proud to present a new report, Turkey: Recent Developments in National and Public Security Law.

In March 2015, Turkey’s Parliament passed two major “package” laws, many of whose provisions tighten government control over national and public security in the country. In particular, Law No. 6638 enhances police powers to conduct searches, use weapons, wiretap, detain individuals without a warrant, and remove demonstrators from scenes of protest. Law No. 6639, amends the Law on Internet Media Regulation to extend government control over the Internet. Critics of the recent tightening of national security laws have expressed concern, in particular about their impact on freedom of the press in Turkey, but also about the exercise of the rule of law in the country in general.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


12/08/2015 03:00 PM
Legal Research Reports: Legal Provisions on Fighting Extremism

The Law Library of Congress is proud to present a new report, Legal Provisions on Fighting Extremism.

This report analyzes anti-extremist legislation and other legal provisions on fighting extremism in China, Pakistan, Russia, and Tajikistan. The definition of “extremism” is examined, as well as the purpose and procedural aspects of the legislation.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


12/03/2015 03:00 PM
Legal Research Reports: Turkey: Counterterrorism and Justice

The Law Library of Congress is proud to present a new report, Turkey: Counterterrorism and Justice.

Although from the mid-1980s until recently, the Kurdistan Workers’ Party (known as the PKK) was the major insurgent opponent of the Turkish government, in the past couple of years the Islamic State of Iraq and the Levant (ISIL) and small Marxist-Leninist groups have come to play a role in terrorist attacks in the country.  Foreign fighters engaged in the Syrian civil war have also posed problems for national security in the last several years.  Turkey has responded to terrorism not only by adopting more stringent laws, but also, among other measures, by creating a terrorist blacklist, enhancing antiterrorist international cooperation, using an outreach program to communities to prevent terrorist recruitment, and relying on Turkey’s chief religious affairs body to counter violent extremist messaging.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports. 


12/01/2015 03:00 PM
Legal Research Reports: Algeria, Morocco, and Saudi Arabia: Response to Terrorism

The Law Library of Congress is proud to present a new report, Algeria, Morocco, and Saudi Arabia: Response to Terrorism.

Acts of terrorism committed on September 11, 2001, and subsequent international actions caused many countries, including Algeria, Morocco, and Saudi Arabia, to enhance their counterterrorism policies through amending existing or enacting new laws related to the criminal justice system.  All three countries have adopted broad definitions of terrorism, raising concerns that they could include acts of political dissent within the ambit of acts of terrorism.  At various points they have also adopted criminal procedure provisions that lowered certain restrictions for investigations of crimes labeled as crimes of terrorism, made the financing of terrorism a separate offense, and required all suspicious financial transactions to be subject to scrutiny by special financial units before they are referred to the competent criminal authorities. In addition, Morocco and Saudi Arabia recognize that there is a religious component to the acts of terrorism committed by many terrorist organizations.  They proclaim to have established special programs to seek to address this element of terrorism by means other than the criminal justice system.

This report is one of many prepared by the Law Library of Congress. Visit the Comprehensive Index of Legal Reports page for a complete listing of reports and the Current Legal Topics page for our highlighted and newer reports.