New Zealand Law Commission Consultation Paper on Hate Crime

The Law Commission of New Zealand recently published a consultation paper on hate crime.

"This review has its origins in the 15 March 2019 terrorist attack on Christchurch masjidain (Muslim places of worship), which claimed the lives of 51 people, leaving 40 people with gunshot injuries. The murder, attempted murder and wounding of these people is a devastating example of a hate crime. It was committed by an individual with extreme right-wing views and lacking in empathy for “those he was able to ‘other’, most particularly Muslim migrants in Western countries”."

"A Royal Commission of Inquiry was established to investigate whether public sector agencies had done all they could to protect the people of Aotearoa New Zealand from terrorist attacks and whether more could be done to prevent attacks in the future (...)"

"In relation to hate crime, the Royal Commission recommended the creation of new hate crime offences. These would impose higher maximum penalties for crimes committed because of an offender’s hostility towards a group of people who have a common characteristic (...)"

"In March 2024, the Minister of Justice asked the Law Commission to review the law relating to hate crime. The Minister asked that we focus our work on whether the law should be changed to create hate crime offences as recommended by the Royal Commission."

The paper also discusses the experience of other jurisdictions, including England and Wales, Scotland and certain states in Australia. 

New Law Library of Congress Report on Access to Information for Persons with Disabilities

The Law Library of Congress in Washington has recently published a report on Access to Information for Persons with Disabilities in Selected Jurisdictions:

"This multinational report covers the right of access to information for persons with disabilities in the selected jurisdictions of Brazil, Canada, China, Colombia, the Democratic Republic of the Congo, Denmark, Egypt, El Salvador, England, France, Germany, India, Israel, Italy, Japan, Kenya, Malta, New Zealand, Norway, Portugal, Russia, Saint Vincent and the Grenadines, Saudi Arabia, South Korea, Spain, Switzerland, and Taiwan."

(...)

"This report surveys how the rights of persons with disabilities are protected, notably, if a jurisdiction’s constitution (written or unwritten) specifically protects persons with disabilities. It describes the rights to information, in particular legal information, access to justice, and culture, and includes current legislative proposals as they concern persons with disabilities. The report also surveys which jurisdictions offer publicly funded libraries that specifically serve the blind and visually impaired. The report does not comprehensibly address legislation on other issues related to persons with disabilities, including the right to work and antidiscrimination legislation."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

New Georgetown University Artificial Intelligence Governance Tracker

Georgetown University has launched AGORA (AI Governance and Regulatory Archive), a "collection of AI-relevant laws, regulations, standards, and other governance documents from the United States and around the world".

There are many filters for finding documents: keyword, region, thematic taxonomy (e.g. bias), area of application (e.g. medicine), and more.

Outlaw Oceans Project Databases

I came across this recently: the Outlaw Oceans Project, a Washington-based journalism non-profit that publishes stories about human rights, labour and environmental issues on the high seas:

"More than 50 million people work offshore. Roughly 80 percent of the goods we consume reach us by way of the sea. Half the air we breathe comes from the oceans. And yet, this realm is home to a variety of urgent concerns that go largely overlooked by most news outlets because it is too costly, too dangerous and too time consuming to report on them. These concerns include the murder of stowaways, arms trafficking, illegal fishing, pollution, dumping, drilling and human slavery on fishing ships. The organization was founded and is directed by Ian Urbina, who produced an award-winning series in 2015 in The New York Times and a subsequent best-selling book in 2019."

"The Outlaw Ocean Project’s journalism is distinct not just in its focus, but also in how the reporting is conducted and distributed. Most of the stories are reported at least partially at sea. In the United States, the non-profit publishes its stories in various news outlets, including the New Yorker, NBC News, The Atlantic and The Washington Post. The reporting is also translated into a half dozen languages and further disseminated abroad in partnership with dozens of foreign newspapers, magazines, radio and television venues."

The Project offers a toolkit of 3 databases:

• Global Fishing Legislative Database: a 68-country database with laws and regulations on fishing, labour rules, vessel ownership and registration, etc.
• Oceans Actions Index: a compilation of input from advocates and researchers who were asked what can be done to better protect the oceans and its workers
• Oceans Investigations Guide: tips for the investigation of ocean-related crimes

New Law Library of Congress Reports on Climate Change, Biosecurity, and Innovative Technology in Legislatures

The Law Library of Congress in Washington has recently published a number of interesting comparative law reports:

• Climate change and historic preservation: "This report covers legislation concerning climate change and the preservation of historic and cultural heritage in the selected jurisdictions of Brazil, Colombia, Finland, Great Britain, Ireland, Italy, Spain, and the United Arab Emirates. The report focuses on regulations addressing reuse and retrofitting of historic buildings to reduce energy usage, adaptation of historic buildings or historic districts to respond to climate change, and integration of indigenous or traditional knowledge or collaboration with indigenous communities in government actions to protect or adapt cultural or historic properties."
• Biosecurity Laws: "This report explores various approaches to defining “biosafety” and “biosecurity” in legislation and regulations in the following jurisdictions: Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Mexico, Russia, Saudi Arabia, South Africa, South Korea, Turkey, the United Kingdom, and the United States. These jurisdictions have been chosen because they are members of the Group of Twenty (G20) (...) Among the G20 nations’ laws discussed in this report, the methods for defining the terms “biosafety” and “biosecurity” generally fall into one of four categories. In the first category, “biosafety” and “biosecurity” are clearly defined in legislation or regulations, with specific distinctions. In the second set of jurisdictions, the term “biosecurity” is applied generally to topics such as laboratory safety, protecting the environment, and guarding against criminal activity involving biological agents that may harm people, plants, animals, and the environment. In other nations, laws may include one identified term, but government strategy statements or publications by government-related scientific organizations supplement the available legal definitions with more detailed descriptions of “biosafety” and “biosecurity.” The remaining nations addressed in this report have enacted laws addressing biosecurity matters, but these laws contain no legal definitions for “biosafety,” “biosecurity,” or similar terminology."
• Innovative technology in legislatures in selected countries: "This report surveys the adoption and use of innovative technological infrastructures by legislative bodies, including artificial intelligence (AI) tools for the purpose of improving their parliamentary processes, services, and functions. The report includes two sections. The first is an expansive look into the adoption of innovative technologies by legislative bodies in 10 jurisdictions, namely, Brazil, Canada, Costa Rica, Germany, India, Israel, Italy, Spain, Ukraine, and the United Kingdom (UK). The second includes brief surveys of this topic covering 79 countries and the European Union."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

Scottish Law Commission Discussion Paper on Civil Remedies for Domestic Abuse

The Scottish Law Commission has released a discussion paper on Civil Remedies for Domestic Abuse. It is part of a consultation process that ends in January 2025:

Many problems have been identified with current legislation on the issue:

• It is unclear how or if the law in this area interacts with criminal and child law.
• The legislation relating to the civil protection orders that can be sought in domestic abuse cases is fragmented, and the options are complicated.
• There are multiple different protective remedies available, all contained in different statutes and with different threshold tests (and there are concerns that some of the statutory tests are too high, for example for exclusion orders and powers of arrest).
• Even once a victim/survivor secures a civil protection order, there can be issues about enforcement.
• There is insufficient recognition of the impact of domestic abuse on children in the civil protection legislation.

The Discussion Paper explores many of the criticisms and considers possible changes.

It also looks at the law of civil remedies for domestic abuse in other jurisdictions, including Australia, Canada, England and Wales, Ireland, and New Zealand.

Law Library of Congress Report on Censorship

The Law Library of Congress in Washington has published a new report about Book and Media Censorship in Selected Countries:

"The following report provides brief overviews of the treatment of these concepts, with a lens on book and media bans, in 22 different countries. The report covers the primary laws related to censorship, and when available or relevant, includes notable cases and other instances of book or media censorship. Countries were chosen to represent major regions of the world and include countries from the Americas, Europe, Asia, and Africa. Brazil, China, Cuba, Germany, Egypt, Eritrea, Ethiopia, France, The Gambia, Georgia, Israel, India, Kenya, Liberia, Russia, Sweden, the United Kingdom, Malawi, Trinidad and Tobago, Uzbekistan, Venezuela, and Vietnam are included in the study. This selection was based on a finding that these jurisdictions had laws aimed at censorship or expression based on historical, cultural, and political traditions."

"Each country has either constitutional or legislative protections in place for freedom of speech, however, many of the surveyed countries also have legislation to regulate matters such as obscenity and incitement. Most countries also contain exceptions for censorship of materials. In some countries, censorship is targeted more toward materials that may fall into the hands of children. Countries such as Malawi and Trinidad and Tobago limit materials that may be targeted toward children. Some countries have restrictions based on national security concerns, such as Israel, Russia, and Uzbekistan."

"Some countries have restrictions based on language that speaks against the government. China, Cuba, Egypt, and Vietnam have laws with provisions against materials that could be construed as critical of the government. Egypt also has laws pertaining to materials that are adverse to Islam, Christianity, or Judaism. Some countries have more severe criminal penalties for distribution of materials. In The Gambia, trafficking in obscene publications is a felony criminal act. Some countries have seen recent changes in law regarding censorship and media bans. In India, old British colonial laws regarding censorship were replaced by provisions in recently enacted criminal procedure and penal codes, and in France, laws that totally prohibit certain books or media have been repealed, although courts can restrict the distribution of a book on a case-bycase basis if it is deemed contrary to French law."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

 

Law Library of Congress Video Tutorial on Foreign Legal Gazettes

The Law Library of Congress in Washington, D.C.  has published a video tutorial about its foreign legal gazettes collection.

"Did you know that the Law Library of Congress maintains one of the largest collections of foreign official gazettes in the world? Official gazettes are primary sources of law published by governments to disseminate new legislation, regulations, and decisions of governmental bodies. The Law Library, which has been collecting these foreign official gazettes since the mid-nineteenth century, has created an eleven-minute video introduction to the foreign legal gazettes collection (...)"

"This video provides an overview of the collection and instructs researchers on how to use the Foreign Legal Gazettes Guide, which is a tool created and maintained by Law Library staff to help with the discovery of the Library’s online and physical gazette collections."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Law Library of Congress Report on Regulation of Assisted Dying

The Law Library of Congress in Washington, D.C.  has published a report on the Regulation of Assisted Dying.

"This report addresses the regulation of assisted dying in Belgium, Luxembourg, the Netherlands, Portugal, Spain, and Switzerland. It sets out the general legal frameworks on assisted dying and examines whether specific diseases, in particular Parkinson’s disease, were discussed during the parliamentary debates or invoked as a reason for passing the respective laws."

"Assisted dying includes euthanasia and assisted suicide. Euthanasia is generally defined as the act of causing death to prevent further suffering. It can take the form of active euthanasia (e.g., administering a lethal dose of a drug) or passive euthanasia (withholding life-sustaining treatment). This report does not address passive euthanasia. Assisted suicide is the act of assisting a person in ending their life to prevent further suffering."

"It appears that while all the surveyed jurisdictions require the patient to have a serious and incurable disease among the eligibility criteria for assisted dying, none of them included specific diseases as part of the rationale for passing their laws. However, the question whether specific diseases qualify a person for assisted suicide was mentioned in Belgium and the Netherlands."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

Law Library of Congress Report on Selected Issues in Biotechnology Regulation

The Law Library of Congress in Washington, D.C. recently published a comparative report on Selected Issues in Biotechnology Regulation that looks at the main statutes and policies in multiple countries relating to the development of biotechnology products, in particular genetically-modified organisms:

"The jurisdictions reviewed are Australia, Belgium, Brazil, Canada, China, England, the European Union (EU), Germany, India, Japan, Mexico, New Zealand, Singapore, South Africa, South Korea, and Taiwan, all of which have a variety of official sources (including laws, regulations, and policies) governing biotechnology matters."

"A number of these sources provide definitions of relevant terms in this field, including “genetic engineering” and “genetically modified organisms,” which are included in the study. Due to the technical complexity of these topics, a basic understanding of these definitions is a helpful introduction to each surveyed jurisdiction’s framework on biotechnologies. Multilateral and bilateral agreements addressing international cooperation on the development of these technologies are also covered in this survey."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

Law Library of Congress Comparative Table on Carbon Neutrality Legislation Around the World

The Law Library of Congress in Washington, D.C. recently published a table on Carbon Neutrality Legislation Around the World:

"This table shows the 57 jurisdictions around the world that the Law Library of Congress has identified as having a net zero emissions or climate neutrality goal set forth in existing or pending legislation. The table highlights existing legislation with established targets and the most recent legislative proposals that are not yet enacted. Existing legislation includes that of the European Union (EU) and its 27 member states, where a June 2021 regulation sets 2050 as the target date for climate neutrality. Fifteen EU member states have passed their own legislation in addition to the directly applicable regulation, including three that have set an earlier target date. To date, 25 jurisdictions outside the EU have passed legislation containing a carbon neutrality or net zero emissions goal, with four jurisdictions (Gibraltar, Iceland, Maldives and Scotland) setting a target date earlier than 2050, while two jurisdictions (Kazakhstan and Nigeria) target the achievement of carbon neutrality later that 2050. At least two other countries (Argentina and Israel) have proposed legislation that includes the goal, and one nation (Chile) has proposed legislation specifying electricity transmission as an enabling sector for carbon neutrality. Two jurisdictions (Russia and the United Kingdom) have enacted laws with carbon neutrality or net zero goals at the subnational level, while Brazil has proposed legislation with the goal of net carbon neutrality in the Brazilian Amazon."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

University of Windsor Guide on Artificial Intelligence Regulation

Annette Demers, reference librarian in the law library at the University of Windsor, has created a new LibGuide on Artificial Intelligence Regulation.

It has sections for Canada, the US, Europe as well as a global resources section.

The Canadian section covers government policy statements and guidelines, court practice directions, legislation and bills.

The Global Resources section includes an OECD dashboard, describing itself as "a live repository of over 1000 AI policy initiatives from 69 countries, territories and the EU".

Law Library of Congress Comparative Report on School Bus Safety

The Law Library of Congress in Washington, D.C. recently published a report on school bus safety requirements:

"This report surveys technical requirements on school buses in the following select jurisdictions: Australia, Brazil, Canada, China, England, Iceland, Mexico, Russia, and the United Arab Emirates. In addition to this summary, the report includes individual country surveys. A table of primary sources cited in the surveys is also provided."

"As depicted on the map at page 3, of the surveyed jurisdictions, Canada, Mexico, Russia, and the United Arab Emirates have buses that are specifically manufactured for school transportation, whereas the remaining jurisdictions use ordinary buses, vans, cars, or other vehicles to transport students to and from school."

"As shown on the map at page 4, China, Russia, and the United Arab Emirates have special legislation for school buses, while the remaining jurisdictions surveyed govern school buses or buses in general in their respective general vehicle legislation or regulations. Australia, Canada, and Mexico largely leave the regulation of school bus safety to the individual states of their respective jurisdictions, so safety requirements can differ within these countries."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

Law Library of Congress Comparative Report on Lobbying and Foreign Agent Registration Laws

The Law Library of Congress in Washington, D.C. recently published a report on Lobbying and Foreign Agent Registration Laws:

The report focuses on legislative developments in a number of jurisdictions with regards to the regulation of lobbying and the registration of foreign agents. 

Furthermore, the report includes information on the extent to which China is referred to in the discussions on the need to pass such laws (or to amend them, if they already exist). The report discusses which jurisdictions have mandatory or voluntary registers for lobbying activities, legislative proposals for regulating lobbying, and which countries lack such laws. 

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

Law Library of Congress Report on Regulation of Artificial Intelligence Around the World

The Law Library of Congress in Washington, D.C. has published a new report on the Regulation of Artificial Intelligence Around the World:

"This report, prepared by the research staff of the Law Library of Congress, provides a list of jurisdictions in the world where legislation that specifically refers to artificial  intelligence (AI) or systems utilizing AI have been adopted or proposed. Researchers of the Law Library surveyed all jurisdictions in their research portfolios to find such legislation,  and those encountered have been compiled in the annexed list with citations and brief  descriptions of the relevant legislation."

"Only adopted or proposed instruments that have legal effect are reported for national and subnational jurisdictions and the European Union (EU); guidance or policy documents that have no legal effect are not included for these jurisdictions. Major international  organizations have also been surveyed and documents adopted or proposed by these organizations that specifically refer to AI are reported in the list."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

Law Library of Congress Report on Safety and Security of Artificial Intelligence Systems

The Law Library of Congress in Washington, D.C. has published a new report on the Safety and security of artificial intelligence systems:

"This report surveys the safety and security of artificial intelligence systems (AI systems) in five selected jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom (UK), and the European Union (EU)."

"The use of AI has increased exponentially and is permeating every aspect of our lives, from personal to professional. While it can be used in many positive ways to solve global challenges, there are also security risks to be considered, such as fundamental rights infringements, personal data security, and harmful uses. The European Union Agency for Cybersecurity (ENISA) has identified three dimensions to the relationship between cybersecurity and AI. First, there is the cybersecurity of AI, meaning a lack of robustness and the vulnerabilities of AI models and algorithms. Second, AI can also support cybersecurity when it is used as a tool or means to create advanced cybersecurity, such as by developing more effective security controls and by facilitating the efforts of law enforcement and other public authorities to respond to cybercrime. Lastly, there is the malicious use of AI, meaning when AI is used in a harmful, malicious, or adversarial way to create more sophisticated types of attacks. This report focuses on the first dimension."

"In order to ensure that AI systems are used to benefit society, jurisdictions around the world are looking into ways to regulate AI. Whereas the EU intends to adopt its legislative proposal for a specific Artificial Intelligence Act (draft AI Act) by the end of 2023 and the Canadian government introduced an Artificial Intelligence and Data Act (AIDA) in June 2022, other surveyed jurisdictions have not yet advanced similar legislation. Both Australia and New Zealand do not currently have laws or proposed specific laws related to AI. However, a May 2023 discussion paper published by the Australian government seeks public feedback on possible policy and regulatory responses to AI, including the adoption of a risk-based approach similar to the EU draft AI Act. Likewise, the UK has not passed AI-specific legislation and does not intend to do so currently, but might at a later stage 'enhance regulatory powers, ensure regulatory coordination, or create new institutional architecture.' Currently, there are 18 legal frameworks containing over 50 pieces of legislation that touch upon AI in the UK."

 The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

Blog Post on Copyright in Court Judgments

The blog of the International Association of Law Libraries has published an interesting post called Copyright in Court Judgments?

It looks at the copyright status of court judgments in a number of common law countries:

"At the High Court of Australia, we are often asked (usually by academics) about using the court’s judgments for various research purposes.  Even though these judgments are freely available on sites such as AustLII and JADE, academics often seek our permission before using them, because they believe the court holds the copyright over its judgments.  I was not sure if this was true, which caused me to research whether there is copyright in court judgments.  And if copyright applies, who holds the copyright?"

"The are no simple answers to these questions in Australia.  So, I decided to expand my research to other common law countries such the United States, the United Kingdom, New Zealand, and Canada.  Below is my preliminary attempt at comparing how court judgments are treated by copyright laws in these various jurisdictions.  First though, let’s start with a bit of history."

Law Library of Congress Comparative Report on Restrictions on Land Ownership by Foreigners

The Law Library of Congress in Washington, D.C. recently published a report on Restrictions on Land Ownership by Foreigners in Selected Jurisdictions.

The report includes individual surveys of 39 jurisdictions. The level of restrictions varies among these jurisdictions. Many countries restrict foreign ownership of land for national security or other reasons:

"(...) some have restrictions that apply to different types of land, including agricultural,  residential, and commercial land. Other types of restriction are based on the location of the land, such as near the border or military establishments. Some jurisdictions restrict  particular categories of foreigners from land ownership. Some require special permission or approval for foreigners before they can acquire land."

 According to the document, 10 of the countries surveyed do not restrict land ownership by foreigners. 

July/August 2023 Issue of AALL Spectrum

The July/August 2023 issue of AALL Spectrum is now available online.

It is a publication of the American Association of Law Libraries.

This issue has a series of feature articles on foreign, comparative and international law.

Overview of Law Reform Commission Work in Australia, New Zealand, England and Scotland

The Victorian Law Reform Commission down under has published a useful summary of recent work by similar bodies in Australia, New Zealand, England and Scotland.

It covers the last few months and shows the breadth of issues that law commissions research.

There is news about:

• efforts to reduce complexity in corporations and financial services legislation
• challenges to mining leases
• "serious road crime" 
• the sex industry
• mental health laws
• evidence in sex offences 
• privacy
• the rights of for transgender and non-binary people 
• the management of digital assets
• care for children with disabilities
• division of marital assets upon divorce
• surrogacy laws

In Canada, the Federation of Law Reform Agencies of Canada provides a similar roundup of Canadian law reform activities on a regular basis.