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can Bar Association in 1947 had revealed that while there was a dearth of legal material on the area in the United States in general, the Library of Congress possessed one of the most comprehensive collections outside the Far East. However, not only were these legal materials contained in the Library of Congress completely disorganized (from the legal standpoint), but there was also a lack of professional legal personnel to develop, administer and interpret then. This resulted in the creation of the present Far Eastern Division.
II. PRESSING NEED FOR A
NORTH AFRICAN (ISLAMIC)
A similar need arose several years ago in connection with the Near East and north African countries. Beginning long before the alliance with and aid to Turkey and Iran, Congress and the executive branch of the Government had shown an increasing need for legal information and material concerning the dow critical areas of north Africa, the Near and Middle East (the Arab world, including Afghanistan and Pakistan). This need was aggravated with the Suez crisis and the rise of nationalism and Soviet intervention in the Middle East. Our present problems with the United Arab States (Egypt, Syria, and Yemen), Iraq, Lebanon, and Jordan, require deeper understanding and consideration.
The infiltration of these areas by the Soviet Union and its satellites will increase over the next several years. Many of the satellite countries are very active in the field of Arabic and Islamic studies. For example, the Communist academies at Warsaw and Prague are occupied with research studies, field trips, and other activities to further their understanding of the legal and judicial institutions of this vast area.
American personnel, both military and civilian, and American capital are largely involved and committed in these areas. The conduct of foreign relatious, on the basis of international law, with the Arab and other Islamic peoples necessitates a thorough knowledge of Islamic law and institutions. The present rise of Arab nationalism, together with the attendant military and international legal problems, requires that we have a library collection on the law of the Near and Middle East and Africa to cope with the legal questions confronting the Congress and the administration. In its Orientalia Division, the Library of Congress has the native language materials for this area, which includes Afghanistan, Pakistan, Iraq, Iran, Turkes, Lebanon, Jordan, Saudi Arabia, Aden, Oman, Trucial Oman, Bahrein Kuwait
, the United Arab Republics (Egypt, Syria, and Yeman), Sudan, Libya, Tunisia Algeria, and Morocco. As in the case of the legal materials for the Far East
, this law is only one of the many facets of Muslim culture for which that Division is responsible. It receives only its pro rata share of general attention and no attention by a specialized legal staff. In the Law Library, the development, administration, and service of these collections would be the sole responsibility of the staff of the proposed new division. A staff of two or three would be composed of members educated in Islamic law and capable of dealing with materials in Arabic, Turkish, and Persian languages. Such a staff would be capable, also on call, of assembling the legal information and material needed by any branch of the Government for its proper functioning in dealing with problems concerning the Islamic world. Insofar as the Far Eastern Law Division is concerned, in the period 1954 to date during which that Division has existed, its usefulness has grown in proportion with the spread of knowledge of its existence. Today it ranks second among the four divisions in the number of reports prepared and third in the aumber of answers to congressional calls for legal information, the number of letters answered, and the number of bibliographies compiled. An Islamic law dirision wonld enjoy a similar rapid growth and fulfill an even more important and nseful role. That it is badly needed is a fact clearly demonstrated by daily news reports from the rapidly changing Islamic world. To establish such a division, it is necessary to survey the materials already present in the Library, both in the vernacular and in Western language. Å checklist prepared in this
way should then be circulated among the few libraries in the United States which have holdings in Islamic law for the purpose of checking their holdings and adding titles not represented. The resulting mion list of Arabic law in the United States could then be circulated to libraries in other parts of the world, particularly of those in Arab countries, for addifionis, An acquisitions program could then be set up to acquire for the Law Library
, in print or photocopy, copies of all material not represented in the
The division in its initial stage would require a lawyer trained in Islamic law and the Arabic language as a Chief at GS-13, and later, two processing assistants should be added, one of whom is qualified to work with the Turkish language and another to work with the Persian language materials.
III. TRANSFER OF CUSTODY OF INTERNATIONAL LAW COLLECTION TO LAW LIBRARY
UNDER A SEPARATE DIVISION
International law was originally considered and classified as a subdivision of political science. The international law collection in the Library of Congress was so classified under the JX classification, rather than under the K classification of law. However, after World War I, it soon grew to be considered as a separate field under the classification of law. The Library of Congress should no longer consider it a part of political science. It should be serviced by legally trained personnel. This has long been recognized by the Library itself, but nothing has been done to effectuate it.
In 1949 the Library's own Committee on Shelf Classification recommended that the responsibility for the international law collection be transferred to the Law Library.
At its annual meeting in Detroit in June of 1949, the Association of Law Libraries approved such recommendation of that Committee of the Library. However, the pressure of other programs has resulted in the failure to implement such recommendation. Although much of the current material on inter national law is being received by the Law Library, this cannot be developed and serviced properly as it has no overall custody or control with the original collection. The best development of the collection is prevented and its full use by Congress, its committees, and those engaged in research, is hampered. Since the primary responsibility presently rests with the general Library staff, and since they do not possess legally trained personnel, as does the Law Library, the overall collection suffers.
Even though the classification system of the Law Library differs from that of the general Library, there is no reason, practical or otherwise, why the system now used by the Library for the international law collection cannot be carried forward by the Law Library. The latter can maintain a consolidate catalog for all their divisions, including that of international law. This wil permit a greater use of the collection and obviate a large expenditure of mone: in reclassifying the collection. Likewise, a legal adviser in international lar shonld be placed in charge of the collection and its transfer, development, an servicing.
The transfer of the international law collection to the Law Library under th responsibility of an international law specialist, along with the proposal fo the creation of a Near Eastern (Islamic) Division, will make the Law Librar a well-rounded national research collection which will better serve the Coi gress and the Nation. It organization will then be:
1. American British Law Division,
IV. REACTIVATION OF FRIENDS OF THE LAW LIBRARY OF CONGRESS The Friends of the Law Library of Congress, a voluntary organization start by John T. Vance some years ago, should be reactivated. With persistent couragement from a dynamic member of the Law Library of Congress staff executive secretary of the Friends of the Law Library of Congress, useful tivities could be generated :
A. Former members of our ABA Committee could be asked to join and o tinne their cooperation with the Library indefinitely in tangible as well as advisory ways. Once a distinguished member of the bar has been a mem of the committee, he should be an informed member for life of the Friends the Law Library, prepared to stimulate public interest and cooperation from congressman or senator in securing adequate appropriations for the i Library.
B. Law librarians throughout the conntry, bar associations and law sch as well as the members of large law firms who are interested in legal bibi
for se the past 2 e military
raphy and research, could be interested as members to provide the flow of unusual legal materials into the Library from all parts of the country.
C. Jurists who are interested in the development of a national, foreign and international law research library on the bench and in the bar, as well as in political office, could be interested as members of the Friends to advise the Library, aid in increasing the collection and in developing public sentiment for proper support by congressional committees concerned with the progressive de Telopment of the Law Library in providing appropriations. Frequently, it may be necessary, in the national interest, to have influential members of the bench and bar in a particular State, inform the Members of Congress regarding the necessity of the continued development of the Law Library through appropriations and the approval of an expanding program of development.
JOHN K. PICKENS, Chairman.
HARRY H. SEMMES.
Now this need for the Near Eastern Law Division has been growing for several years, but the need has been triggered by six or seven events of the past 2 years in this critical area.
First, we had the military missions to Turkey and Iran and the extension of the NATO pact to the Near East.
Second, we had the crisis over the Aswan Dam in Egypt, and the Suez crisis, and third, the rise of Arab nationalism especially in the United Arab States, in Egypt, Syria, Algeria, and Tunisia.
Then our military mission in Pakistan, in which country Islamic legal institutions prevail.
Then the infiltration of the Soviet Union in this area, and later the occupation of Lebanon and Jordan by Great Britain, and the United States, and then more recently, of course, the revolution in Iraq and the increased influence by Russia
I think probably as the Law Librarian has indicated, there is a nucleus to create this Near Eastern or Islamic Law Division in the Orientalia Division of the Library
Tinder our expansion program with different foreign countries in the government departments of these Near Eastern countries, the Law Library can continue to build up this collection, based on that nucleus at little or no cost to itself.
The main need to create and establish this division is a trained lawyer who is versed in the Arabic and Persian languages, to set up this division and to head it at the outset. That is the only additional
spense that our investigation has shown would need to be met by the Congress.
We have recommended the creation of a GS grade 13, which I understand involves the expenditure of a little more than $9,800 annually.
I think all the members of this committee, with perhaps the excep
tion of Congressman Steed, were members of the subcommittee when the Far Eastern Division was set up.
I think the increased growth in that division, and the fact that there are more inquiries and reports prepared by that Far Eastern Division than of three of the four divisions in the Law Library show that there was a critical need for it when it was set up. I am sure that the same will result if the Near Eastern Division is set up.
The need for this Division now is as great as it was for the Far Eastern Division in 1954.
The bar association had one other recommendation--and that is in regard to the international law collection, which is presently under the control and supervision of the Reference Library.
This is a pure historical accident. Originally, international law was classified as political science. During the last 15 or 20 years that classification has been changed from political science to law.
The great increase in importance of international law, I think, indicates that this international law collection should be under the custody and control of the Library in order that it be serviced properly.
It is receiving no attention now at all. We realize that this is probably an administrative matter for the Librarian of Congress. However, whether or not the international law collection is transferred, we feel that an adviser, or a head, with the classification of a GS-13 should likewise be created for the international law collection, because at the present time, as I say, it is receiving no servicing. No division is looking after its current needs and books involving foreign law and comparative law and international law unless you obtain them the year or the year subsequent to their publication, it is very difficult to obtain them thereafter. It is not a question of expense. It is a question of the foreign governments, or the departments of foreign governments, not having the Law Library of Congress on their list. They do not print enough copies of these laws and books to go around, so they soon become exhausted.
The bar association also asks that Congress cerate a grade GS-13 as an adviser or head of the International Law Division, which has none at this time.
On the part of the American Bar Association, we are establishing a program in which we are undertaking to obtain gifts and bequests by lawyers, law firms. State and local bar associations of special collec tions on American and foreign law.
I only mention that to show that the association is doing everything it can to help build up the Library of Congress and to round out the law collection: that we are trying to do as much of it as we can h; private funds, but in the case of the International Law Division and the Near Eastern Law Division it is necessary that we come to th Appropriations Committee and ask for the creation of these two grad 13 positions, totaling $19,800.
If the Near Eastern Division were established and the internation: law collection were transferred, the Law Library of the Library Congress would then be a complete law library.
At the present time there are two large gaps. There are no la books in the Law Library and there is no catalog on the laws coveri the countries that I mentioned before, which are in this Near Easte
area, which I think today is the most critical area in international fairs.
It will not only aid the committees of Congress, but I have talked to representatives of the Legal Department of the Department of State and the Department of Defense and scholars and they all affirm the fact that there is this critical need for a Near Eastern Law Division.
I thank the committee for their indulgence. I would be glad to answer any questions.
Jr. XORRELL. We have similar sections of the Library for other areas of the world?
Mr. PICKENS. Yes, sir. You see the first section, I believe, that was created was the American British Law Division which covers all of the United States and its territories and the British Commonwealth of Nations, including Israel. Mr. NORRELL. How was it established? Do you know? Jr. PICKENS. It was establishedMr. NORRELL. By law? Mr. PICKENS. Well, it was established when the Appropriations Committee recommended and the Congress passed an appropriation for that Division. We have a European Law Division which covers all the countries of Europe, including the Soviet Union, then we have a Hispanic Law Division which covers South America, Spain, Portugal, Puerto Rico, and the Philippines.
You see, those four divisions cover the world except for the Near East and except for an International Law Division.
Jr. SORRELL. Do I understand, then, from you that the entire world 3 represented in the Library of Congress, as far as the various sections ire concerned, except the Middle East ?
Jír. PICKENS. Except the Middle East area. That is correct, Mr. Chairman. Jr. NORRELL. Are there any further questions? Jr. HORAN. What does the International Law Division cover ?
Mr. PICKENS. Of course, the International Law Division would poter such things as the United Nations, international and maritime aw, the rights and duties of the United States and it citizens toward foreign countries and their citizens and vice versa. It is the law prerailing on the high seas; that administered by the World Court.
The Library has a very excellent international law collection in the reference library and it has been kept as a part of political science but a the last 10 years there has been no one there responsible for the mollection and to see that new publications are obtained through the Library's free exchange program or otherwise. Jr. NORRELL. Are there any further questions? Mr. KIRWAN. I have none. Mr. HORAN. No, Mr. Chairman. Jr. NORRELL. Thank you very kindly. We appreciate your presentation.