Transcript International Legal Research

International Legal
Research
Advanced Legal Research
International Law: Categories of
Sources
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International Conventions – Treaties
Customary International Law – rules arise out of
the general and consistent practice of states
acting out of a sense of legal obligation
General Principles of Law – principles common to
the major legal systems (due process in admin of
justice, time as a bar to a claim, etc.)
In certain circumstances:
• Judicial Decisions of tribunals or International Courts
• Writings of International Law Scholars
What Is International Law Not?
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Not Foreign Law
• Laws of other countries
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Not Comparative Law
• Comparison of legal systems of two or
more countries
What Is International Law?
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Public International Law
• Relationship between two or more
countries
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Private International Law
• Relationships between private parties
• Applies domestic law
• Conflicts of law principles
• Sometimes called transnational law
International Legal Research Tips
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Use Secondary Sources
• Treatises, Nutshells
• Journals, Encyclopedias
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Use Traditional Research Aids
• Legal Research Text that covers Int’l law
• Dictionaries
• Bluebook for Citation
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Start small - find the treaty and work
from there.
Treaties
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Also called
• Conventions
• Agreements
• Pacts
• Covenants
• Charters
• Protocols
• Memoranda of
agreement/understanding
Treaty Terms
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Making Treaties
• Signature and Ratification
• Accession (for definition see Glossary in
the UN Treaty Handbook)
• U.S. Const. art. II, § 2: President has
the power “by and with the Advice and
Consent of the Senate, to make
Treaties, provided two thirds of the
Senators present concur”
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Reservations, declarations,
understandings, clarifications, etc.
Treaty Sources
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The United States Is a Party
• United States Treaties and Other
International Agreements (U.S.T.)
• Treaties and Other International Acts
Series (T.I.A.S.)
• Senate Treaty Documents
(S. Treaty Doc.)
• Department of State Bulletin
(Dep’t St. Bull.)
• Dep’t St. Press Releases
Treaty Sources
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The United States Is a Party, older
• Statutes at Large (Stat.)
• Treaty Series (T.S.)
• Executive Agreement Series (E.A.S.)
• Senate Executive Documents
(S. Exec. Doc.)
Treaty Sources
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The United States Is Not a Party
• United Nations Treaty Series (U.N.T.S.)
• League of Nations Treaty Series
(L.N.T.S.)
• Pan-American Treaty Series
(Pan-Am. T.S.)
• European Treaty Series (Europ. T.S.)
Treaty Sources
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Unofficial/Commercial Treaty Sources
• International Legal Materials (I.L.M.)
• Hein’s United States Treaties and Other
International Agreements
(Hein’s No. KAV)
• Parry’s Consolidated Treaty Series
(Consol. T.S.)
• Bevans
• books and periodicals
Treaty Indexes
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Is the United States a Party?
• Yes – Then use Treaties in Forces: A List
of Treaties and Other International
Agreements of the United States in
Force on January 1, ….
• No – Then start with Multilateral
Treaties Deposited with the Secretary
General.
Great starting place to find
Treaties and other Docs.
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International Legal Materials
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Recent treaties
Significant judicial decisions and documents
Domestic legislation and regulations
General policy statements concerning
international affairs
• Frequently the first place to publish such info.
• Often the only place to find things in English
International Judicial Opinions
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International Court of Justice
Court of Justice of the European
Communities
European Court of Human Rights
Inter-American Commission on
Human Rights
Other helpful International Law
Materials
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United Nations documents
Yearbooks
Topical Sets
Index to Foreign Legal Periodicals
Martindale-Hubbell International Law
Digest
Foreign Law : Current Sources of
Codes and Basic Legislation in
Jurisdictions of the World