| Return to Contents Letter To The Editor Dear Sir, I write this note as a result of my visit to Jersey in the spring of 1998, in order to conduct research on a case then being dealt with by the Swiss Institute of Comparative Law (SICL). The SICL had been asked to prepare an opinion on complex questions of Jersey's trust, estate administration and civil procedure laws, a task of the kind which it regularly undertakes, applying anything from English law to Bolivian or Chinese law. This Swiss institution is of a type hardly to be found elsewhere in the world. It exists because Switzerland is, although much larger than Jersey, still a relatively small legal jurisdiction. Small countries are particularly dependent on their external relations and thus necessarily deal with foreign laws and legal processes much more intensively than their larger neighbors. In addition, the limited human and financial resources of small countries make it particularly difficult for local commercial and educational interests to obtain individual access to materials and expertise on foreign and international law. Jersey's needs being in this respect even more acute that those of Switzerland, it is thought that the Jersey legal community will find some information about the SICL, the resources it offers and the function it performs, to be especially useful. The SICL is an autonomous institution of the Swiss Confederation, with statutory responsibility for the provision of legal information and advice on questions of foreign and international law. Its services are available in the first instance to all branches of the Swiss federal administration and to courts in Switzerland, but are also offered to cantonal authorities and to individuals and organisations, both governmental and commercial, in Switzerland and abroad. An ever increasing number of legislative studies and formal legal opinions are prepared for all of these types of clients, but information is also regularly provided in the form of photocopies of specified documents or in the form of selected references to current and relevant material on any question of law (so-called "bibliographical research"). While the fields of private and commercial law are certainly the SICL's "bread and butter", it also regularly deals with criminal and constitutional law and with any and all of the issues faced by public authorities in modern times, ranging from noise pollution to racial discrimination. This broad outlook means that no subject is a priori excluded from the SICL's work. On the other hand, it also means that very technical subjects such as taxation and customs law cannot be treated with the same expertise as a specialised institute or firm could offer. Above and beyond these case-specific services, the SICL pursues numerous academic research projects on comparative or international themes. The results often appear in the SICL's own series of publications, which currently consists of 35 works, covering such topics as measures to reduce the backlog on superior court dockets and the private international law of the People's Republic of China. In addition, the SICL organises numerous juridical conferences and colloquia, which are normally open to the public. Papers presented at these events are then often made available in the SICL's series of publications. A team of ten lawyers working in-house is principally responsible for the preparation of legal opinions and research papers. These lawyers originate from the same regions as the laws on which they now advise. They accordingly possess both the necessary linguistic skills and a solid understanding of how the law is applied in different jurisdictions, through personal experience gained by working there. They are supported by about 15 librarians with similarly diverse origins and skills. This relatively small staff in Lausanne is backed up by a network of correspondents around the world, which allows the SICL to offer a literally global legal service. Correspondents are obviously indispensible in respect of the more geographically distant and linguistically difficult jurisdictions, but they can also provide up-to-date confirmations, from closer to home, of the legal position in fast developing fields. The veritable cornerstone of the SICL is its library collection. Holding statutory, jurisprudencial and textbook material from almost every place imaginable, including in particular expansiveness both China and the Arab-Islamic world, this is a uniquely powerful tool for both legal practitioners and researchers. The library is designed to operate on the principle of presence; users have free access to collections of the laws and legal principles of most of the world's legal jurisdictions and to collections of European, international and comparative legal materials, all in the one building. There is plenty of desk space to consult books found on the stacks and users have access to both the internet and a variety of CD-ROMs. In cases where a physical visit is not feasible, it is nonetheless possible to access the collection from afar. As the library catalogue can be consulted online and free of charge from anywhere on the internet (the instructions can be called up in English), interested persons can quickly put themselves in a position to ask the SICL for extracts from specified publications. Where the sources of law on a particular point are not easy to identify, it is possible to request bibliographical research, which will be conducted by the SICL staff and the results sent to the client, who can then research the point herself. Alternatively, the legal staff can prepare fully detailed legal opinions on issues arising in almost any country, for clients located in Switzerland or abroad. Foreign clients should note however, that the SICL does not provide opinions on Swiss law. The fees chargable for these services are fixed by regulations and an estimate for any particular case will be provided upon request. Particular attention is to be drawn to the research scholarships offered by the SICL. These are designed to cover accommodation and living expenses in Lausanne for up to six months. Candidates must submit concise descriptions of the theses or publications which they are preparing and these must involve aspects of comparative or international law. As the number of places is limited, preference will be given to young researchers who have not previously been able to work abroad and to candidates who have at least a working knowledge of another language than English. More detailed information can be obtained by consulting the SICL's internet site at http://www-isdc.unil.ch/ or by contacting us directly:- Swiss Institute of Comparative Law Dorigny CH - 1015 Lausanne (Switzerland) Tel. (+41) (21) 692 49 11 Fax. (+41) (21) 692 49 49 E-mail. secretariat@isdc-dfjp.unil.ch Although it was founded by an Act of the Swiss federal parliament in 1978 and has been open for business since 1982, the existence of the SICL has still not become very widely known, even within the Swiss legal profession. While this period of almost twenty years is a long time at the end of the 20th century, it seems to have been hardly sufficient for a small institution to enter into the professional consciousness. It is hoped that this letter will go a little way towards creating awareness among lawyers in Jersey of what is available at the SICL. In times of technical and commercial globalisation, in which budgets are being constantly tightened and professional roles and competences revised and deregulated, it is particularly important for lawyers to know where information can be found and how it can be accessed. Clients have no desire to divide their increasingly transnational affairs into national bundles for the comfort of their legal advisors. Given that other professions are generally less hesitant in looking across national and linguistic boundaries and in taking advantage of the ideas to be found there, lawyers must be prepared to deal with laws other than those of their own jurisdictions and should know where to obtain the necessary expertise and information. The SICL extends an open-ended invitation to all members of the legal community in Jersey, including students, advocates and solicitors, academics and legal professionals working in public administration or private business. Those who need, for any reason, to conduct major research which deals with foreign jurisdictions or international law should consider coming to visit us. The SICL is located in very agreeable surroundings, only half an hour from Geneva or two and a half hours from Zürich by road or rail. Researchers who qualify are encouraged to apply for a scholarship. The author was very kindly received in Jersey and intends to ensure that visitors from Jersey will be just as warmly welcomed here; past visitors regularly tell us that their stays here were both profitable and enjoyable. We cannot offer a personal welcome to those who request legal information or opinions from Jersey, but promise to respond with the same competent, efficient and independent service that we regularly provide to the Swiss government and courts. Yours faithfully, MARTIN SYCHOLD LL.B., B.Ec. (Adelaide) Staff Legal Advisor, Swiss Institute of Comparative Law. |