EVALUATION OF ITL COMMISSIONED BY THE LAW FACULTY, UNIVERSITY OF TROMSØ [UNOFFICIAL TRANSLATION FROM NORWEGIAN] ****************************************************************************** 1. INTRODUCTION --------------- I have been asked to evaluate the project "International Trade Law" on World Wide Web (WWW), that is initiated and run by Ralph Amissah No clear criteria for this evaluation has been given. By way of introduction I would say that this WWW service is extremely useful, and I have myself used it in many occasions quite independent of the evaluation I shall make here. International law materials that might otherwise require (considerable) effort to obtain is in this way made available at ones own workplace. Internet has in recent years had very strong growth. The history of Internet begins in the latter part of the sixties. Originally it was established by researchers for the American defence, and was known as ARPANET. Norway was connected to ARPANET as early as 1972, as the first region outside the USA. In 1984 the military part was separated, and the Internet of today was formed. But the net was still used* by military and research institutions. It was in 1991 that the net was opened for private and commercial interests, which made possible today's rapid growth of services on the net. World Wide Web service is perhaps the most popular service on Internet, and is the one that has the greatest potential for development. The service is not old. It was developed at the European Laboratory for Particle Physics, CERN. The prototype was made in 1991, in 1992 it was presented at a number of conferences and products started to appear. In October 1993 there were 200 known WWW servers in the world, and it was first in 1994 that it became really known. The service took off and growth of this service today is near explosive. In the fast expanding Internet many believe WW to be the most important service, and the service with the greatest potential. I present this background on the service to show that despite the large expansion of WWW on Internet, it is a young service. With the large expansion* WWW has today, it is easy to forget that the technology has not been available outside the technical research environment for more than two years. Presentation of information on Internet via WWW is still characterised as being pioneer work. According to the information available to me ANANSE'S home-page was presented on the net in October 1993, making this service amongst the first 200 or so in the world. The project is in this way a pioneer project not only as regards legal information but also with regard to use of the technology more generally. WWW is a system for linking together information through hypertext. A WWW server presents not only information that is made on the server, but also gives references to information on other servers. A reference to another "page" in WWW brings the page and presents it for the user. If one starts from "International Trade Law" in Tromsø, and for example clicks on World Bank, one is connected to that server where their information is to be found. This could be in Tromsø, Australia, California, or at another location. In the chosen example (naturally) it is located in the USA. Users need not know where the information is taken from, and need not understand that the information is collected from another location than the server one is connected to. Similarly users who are originally connected to another server that wish to look more closely at "International Trade Law" will be connected to Tromsø. Construction of WWW implies that responsibility for updating of information is decentralised. In a system like ANANSE one will seek to ensure that references there are updated, but one will not have control over the updating of the information that one does not oneself maintain. In the example above the service availability is dependent on the availability of the World Bank's information, and not what is done in Tromsø. An evaluation of the work done in Tromsø can therefore not be based on an evaluation of the quality of the information that is available from that source. WWW is an information channel that is constantly being used for additional types of information, including legal information. In Norway there are as far as I know, three information providers in particular have distinguished themselves with legally relevant information: Statens Informashonstjeneste (State Departments Information Service) with its presentation of public documents, first amongst these** the NOUs (, Lovdata who make Norske Lovtidend (the Norwegian Law Journal) available through WWW ( and the University of Tromsø. In addition there are institutions that present themselves through WWW, this includes the Law Faculty of the University of Oslo and Institutt for rettsinformatikk (Norwegian Research Center for Computers and Law) but this is a presentation of information and not of legal material. A shortcoming of today's WWW is that there are no established satisfactory systems for payment of the services that are offered on the net. There is ideological disagreement as to how payment should be made for such services, but in this context one does not have to go into this. Absence of payment systems mean that commercial information providers do not offer their services via WWW. There is intense work being done to establish effective payment systems, and it is expected that such systems will be established in the not too distant future. Then this information form will most likely become important also for computer based services that are distributed in other ways, and for periodicals etc. that do not wish to make their material available free of charge. Internationally there are more providers of legal information, but there are few that have distinguished themselves: Cornell Law School and the University of Tromsø. This is the reason to claim that this project has placed the Law Faculty of the University of Tromsø on the world map. A closer evaluation of the project can in my opinion be done on four sets of premises. As an academic research project, and then within the legal information technology tradition. As the development of teaching materials As the development of an information service, and as running and maintenance of an information service. 2. RESEARCH ----------- For this work to qualify as research work, this established service should be regarded as an experiment, and the experiment must be analysed. A creative and successful product cannot in itself be regarded as research without the experience *** the product are systematised and documented. It is the analysis and not the product in itself that must eventually be judged as a research effort. There are a host of investigations and analyses that can be undertaken. At this current stage it is probably analysis of use, of contribution, search effectiveness that will be most closely related. An analysis of systems with its basis in this model is developed by Jon Bing in Retttslige kommunikasjonsprosesser (Legal Communications Processes*) could be of interest. A systematic comparison of this information system with a traditional paper based system and database system like Lovdata (that is built on a completely different model from that which WWW is based on) could also be of interest. It is probably too early to undertake a closer examination as to how such a system affects legal information systems collectively, and sources of law used within the particular areas of law. Establishment of a WWW based service must also be expected to influence the market for that type of information service, in that much of the material that one today in practice must pay for, will be available free of charge. Legislative histories,* legal texts, and judgements will most likely be available free from official sources, whilst information service providers must offer a service that represents market value to the user in comparison to the official information that is available free. It can in this context be mentioned that at the Institutt for rettsinformatikk (Norwegian Research Center for Computers and Law) a series of attempts to examine and analyse different search systems, indexing etc. before Lovdata was established. There is further undertaken analysis of other information systems, including Norsk Retstidende (a different Norwegian Legal Periodical), based on theories and models that are developed through this work. A similar analysis of Internet has not been undertaken as far as I know. One must repeat that Internet will play an increasingly important role in the distribution of legal material. A systematised knowledge of use of Internet and WWW will be valuable in such a process, both for potential users and service providers. One presumably has a considerable variety* of data that can be worked on, and can be rather certain of the possibilities to generate and collect data for such analysis. The project provides possibilities for interesting and important legal analysis. As the project stands today analysis of this type has not been undertaken. If further development and management of the server is to be taken as juridical research, one would have to build in to the project a much larger element of systematisation and analysis of the results. It must be emphasised that it is not necessary that the person who has the responsibility for further development and maintenance of the system should necessarily be the person that undertakes the further analysis. 3. TEACHING MATERIAL -------------------- There is work being carried out at a number of places to develop methods for computer based teaching and teaching materials, also within law. I am aware that this has come a long way in USA and Great Britain. They have established co-operative organisations between the education institutions (CALI in the USA and BILETA in Great Britain), and they put considerable resources into this. It is wished to use technology both to achieve a more effective and therefore inexpensive teaching, and to achieve a better form of teaching. Further it is a goal in itself that students learn to use some of the tools that the lawyers of tomorrow must expect to encounter.[^1] Experience from the development of such systems, is that there is a lot of trial and error. It is not possible to tie oneself to a subject tradition,* as one can do when one writes textbooks, articles and prepares other more traditional teaching materials. In Norway we have not come particularly far in this area. Use of modern information technology is limited largely to teaching how to use Lovdata. Ananse is the first project that makes it possible to integrate Internet based servers in legal education. There are undoubtedly many possibilities for improvement, also if the system is to be evaluated as an educational system. Certain limitations are to be found in WWW technology at the present stage of development, it is not all desired material that can easily be made available in this manner (it is not to be found in suitable form, it is copyright protected etc.) Improvement can certainly also be made in the organisation that has been done, without my having any concrete ideas as to what could eventually be done. I am aware that students have raised criticism against Ralph Amissah's lectures. As I understand it, this critique is not connected first and foremost to use of the WWW system, even if this also has been mentioned. In any event one must allow an amount of trial and error if one is to start to use a new and for the majority an unknown technology in education. A basic necessity* for technology to be put to use in education is that students have easy access to the system. I am not aware of what the conditions at Institute for Rettsvitenskap (The Tromsø Law Faculty) are, but am of the opinion that any lack in access should not hinder experiments in the use of technology. 4. DEVELOPMENT OF AN INFORMATION SYSTEM --------------------------------------- My impression is that the primary purpose has been to establish and develop* a system,, without having had a clear research/academic or pedagogical goal. The project has been driven of an interest for Internet and WWW, and the system has been a goal in itself. Judged from such a perspective, Ralph Amissah has made a very good contribution with the project. It has aroused justified international attention. The system has aroused considerable interest at other legal educational institutions that are specialise in international trade law and/ or that are interested in the use of information technology in a legal environment. I know that one can through the American University Cornell, Pace and Chicago Kent regard this as one of the most interesting projects of this type. The project is amongst the leading in the world when it comes to the use of WWW and the presentation of legal information and is probably the leader when it comes to international trade law specifically. It is also interesting to note that the University of Tromsø has taken a leadership position in Europe when it comes to the use of this technology in a legal area. Also amongst those interested in the technology, without being particularly interested in law, the project has been noticed. When one of the worlds largest computer magazines "PC Magazine" in April this year made its list of the 100 best WWW services, they found space for two providers of legal information: Cornell Law School and the University of Tromsø. There can in my opinion be no doubt that the University of Tromsø through this project has established a very interesting information service with a significant development potential. The service is based on a new technology that is under rapid development. Neither the technology nor the project are completed. The project has without doubt high value. The question therefore is not whether it is desirable that the project is continued, but whether this is the type of work that should be done in a legal research institution in a Norwegian university. It is entirely a institute political question, but I will nevertheless express some opinions. Besides engaging in research and education a University also has as its responsibility to engage in publishing externally,* and seek to ensure that there is efficient access to essential information for research and education. Development of methods of publishing in my opinion clearly lie within a University's goals. It is appropriate here to draw a parallel to work done at the Institutt for privatretts (Institute for Private Law's) section for Computer/ Information Technology questions, that has since become the Institutt for rettsinformatikk (Norwegian Research Center for Computers and Law), prior to the establishment of Lovdata (the Norwegian legal database, and equivalent of Lexis). A lot of significant work was done within the University regime before one had come far enough to establish an organisation to run an information system. There are further grounds to mention that the Law Faculty of the University of Oslo has been publisher of law collections as long as it has existed. It is today so incorporated that it is easy to forget that this originally was a radical new information system for legal information.* Finally it can be pointed out that Universities use relatively large resources for the publications of periodicals, even where they are not necessarily the publisher. 5. CONCLUSION ------------- The University of Tromsø has established a valuable information system that has aroused justified international attention. The system is based on a new technology, and use of that technology for providing of legal information must be regarded as an experiment. As an experiment the system must be regarded as very successful, even if there is room for improvement. Some weakness in the system must be attributed to weakness in technology in its existing state of development, but the technology is developing rapidly. For users it would be unfortunate if the service was not continued. For the University of Tromsø it would in my opinion be unfortunate if one would discontinue a well developed service, that is amongst the leaders in the world in its area. Universities world-wide are now working to establish something similar, and to give their service a profile that sets it apart from all other universities that are on the net. Not surprisingly it is universities in the USA that are putting most effort into this, given that these are traditionally more engaged in marketing themselves than a European University. But with internationalisation as a declared objective, it is important also for Norwegian universities to make their Institutions visible.* One will give away a solid lead within what in future is going to be a very important information channel. The University of Tromsø should also be in a position where they can take a leadership role in the development of this type of activity within law educational institutions within Norway. The Law Faculty of the University of Oslo has a WWW server, but not as well developed as the server in Tromsø. The Law Faculty of the University of Bergen does not appear to have any such service, in any event not that I have been able to discover. (The other faculties in Bergen have established this). Institutt for Rettsinformatikk (Norwegian Research Center for Computers and Law) will be interested in a eventual co-operation on this, though we cannot answer on behalf of the Faculty. My advice is that the service is continued, and the University of Tromsø seeks to maintain the leader position that she has today. Institutt for rettsvitenskap (The Law Faculty) must in the meantime determine which direction they wish to develop the service: Does one wish to carry on research in this area? Further develop this for use in education? And/ or further develop an information service? The three development possibilities to not exclude each other. But one must be prepared that each of these will require resources, such that one must for this reason prioritise. Further development of the service will be necessary whether one chooses to concentrate on research or education. Institute for Norwegian Research Center for Computers and Law) will readily (gladly) discuss co-operation on each of these three areas, without being able at this time to say what kind of resources we will eventually be able to put into this. With kind regards Olav Torvund ENDNOTES -------- [1]: An overview and discussion of such systems has been done by Ola Kristian Hoff in "Complex 8/92" ============================================================================== Title: Evaluation of the International Trade Law - WWW Rights: Copyright (C) 1995 Publisher: SiSU http://www.jus.uio.no/sisu (this copy) Date: 1995-12 Sourcefile: itl.evaluation.12.1995.torvund.nrccl.sst Filetype: SiSU text 2.0 Source digest: SHA256(itl.evaluation.12.1995.torvund.nrccl.sst)= ce3be8000c3f0d9cf27f33822574e7e8b92872bedb5c043e0e28cd88fde665d3 Skin digest: SHA256(skin_lm.rb)= 5acda64a9532f9ef6b71693da2b471d4efac2f23a8499e68de066eec8ea9b8e9 Generated by: Generated by: SiSU 2.6.3 of 2010w30/3 (2010-07-28) Ruby version: ruby 1.8.7 (2010-08-16 patchlevel 302) [i486-linux] Document (dal) last generated: Tue Sep 21 17:18:21 -0400 2010 ============================================================================== Other versions of this document: manifest: http://www.jus.uio.no/lm//itl.evaluation.12.1995.torvund.nrccl/sisu_manifest.html html: http://www.jus.uio.no/lm//itl.evaluation.12.1995.torvund.nrccl/toc.html pdf: http://www.jus.uio.no/lm//itl.evaluation.12.1995.torvund.nrccl/portrait.pdf http://www.jus.uio.no/lm//itl.evaluation.12.1995.torvund.nrccl/landscape.pdf plaintext (plain text): http://www.jus.uio.no/lm//itl.evaluation.12.1995.torvund.nrccl/plain.txt at: http://lexmercatoria.org * Generated by: SiSU 2.6.3 of 2010w30/3 (2010-07-28) * Ruby version: ruby 1.8.7 (2010-08-16 patchlevel 302) [i486-linux] * Last Generated on: Tue Sep 21 17:18:22 -0400 2010 * SiSU http://www.sisudoc.org/