International Legal Research Advanced Legal Research

International Law: Categories of Sources International Conventions – Treaties 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 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.) 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: In certain circumstances: Judicial Decisions of tribunals or International CourtsJudicial Decisions of tribunals or International Courts Writings of International Law ScholarsWritings of International Law Scholars

What Is International Law Not? Not Foreign Law Not Foreign Law Laws of other countriesLaws of other countries Not Comparative Law Not Comparative Law Comparison of legal systems of two or more countriesComparison of legal systems of two or more countries

What Is International Law? Public International Law Public International Law Relationship between two or more countriesRelationship between two or more countries Private International Law Private International Law Relationships between private partiesRelationships between private parties Applies domestic lawApplies domestic law Conflicts of law principlesConflicts of law principles Sometimes called transnational lawSometimes called transnational law

International Legal Research Tips Use Secondary Sources Use Secondary Sources Treatises, NutshellsTreatises, Nutshells Journals, EncyclopediasJournals, Encyclopedias Use Traditional Research Aids Use Traditional Research Aids Legal Research Text that covers Int’l lawLegal Research Text that covers Int’l law DictionariesDictionaries Bluebook for CitationBluebook for Citation Start small - find the treaty and work from there. Start small - find the treaty and work from there.

Treaties Also called Also called ConventionsConventions AgreementsAgreements PactsPacts CovenantsCovenants ChartersCharters ProtocolsProtocols Memoranda of agreement/understandingMemoranda of agreement/understanding

Treaty Terms Making Treaties Making Treaties Signature and RatificationSignature and Ratification Accession (for definition see Glossary in the UN Treaty Handbook)Accession (for definition see Glossary in the UN Treaty Handbook)Accession 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”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” Reservations, declarations, understandings, clarifications, etc. Reservations, declarations, understandings, clarifications, etc.

Treaty Sources The United States Is a Party The United States Is a Party United States Treaties and Other International Agreements (U.S.T.)United States Treaties and Other International Agreements (U.S.T.) Treaties and Other International Acts Series (T.I.A.S.)Treaties and Other International Acts Series (T.I.A.S.) Senate Treaty Documents (S. Treaty Doc.)Senate Treaty Documents (S. Treaty Doc.) Department of State Bulletin (Dep’t St. Bull.)Department of State Bulletin (Dep’t St. Bull.) Dep’t St. Press ReleasesDep’t St. Press Releases

Treaty Sources The United States Is a Party, older The United States Is a Party, older Statutes at Large (Stat.)Statutes at Large (Stat.) Treaty Series (T.S.)Treaty Series (T.S.) Executive Agreement Series (E.A.S.)Executive Agreement Series (E.A.S.) Senate Executive Documents (S. Exec. Doc.)Senate Executive Documents (S. Exec. Doc.)

Treaty Sources The United States Is Not a Party The United States Is Not a Party United Nations Treaty Series (U.N.T.S.)United Nations Treaty Series (U.N.T.S.) League of Nations Treaty Series (L.N.T.S.)League of Nations Treaty Series (L.N.T.S.) Pan-American Treaty Series (Pan-Am. T.S.)Pan-American Treaty Series (Pan-Am. T.S.) European Treaty Series (Europ. T.S.)European Treaty Series (Europ. T.S.)

Treaty Sources Unofficial/Commercial Treaty Sources Unofficial/Commercial Treaty Sources International Legal Materials (I.L.M.)International Legal Materials (I.L.M.) Hein’s United States Treaties and Other International Agreements (Hein’s No. KAV)Hein’s United States Treaties and Other International Agreements (Hein’s No. KAV) Parry’s Consolidated Treaty Series (Consol. T.S.)Parry’s Consolidated Treaty Series (Consol. T.S.) BevansBevans books and periodicalsbooks and periodicals

Treaty Indexes Is the United States a Party? 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, ….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.No – Then start with Multilateral Treaties Deposited with the Secretary General.

Great starting place to find Treaties and other Docs. International Legal Materials International Legal Materials Recent treatiesRecent treaties Significant judicial decisions and documentsSignificant judicial decisions and documents Domestic legislation and regulationsDomestic legislation and regulations General policy statements concerning international affairsGeneral policy statements concerning international affairs Frequently the first place to publish such info.Frequently the first place to publish such info. Often the only place to find things in EnglishOften the only place to find things in English

International Judicial Opinions International Court of Justice International Court of Justice Court of Justice of the European Communities Court of Justice of the European Communities European Court of Human Rights European Court of Human Rights Inter-American Commission on Human Rights Inter-American Commission on Human Rights

Other helpful International Law Materials United Nations documents United Nations documents Yearbooks Yearbooks Topical Sets Topical Sets Index to Foreign Legal Periodicals Index to Foreign Legal Periodicals Martindale-Hubbell International Law Digest Martindale-Hubbell International Law Digest Foreign Law : Current Sources of Codes and Basic Legislation in Jurisdictions of the World Foreign Law : Current Sources of Codes and Basic Legislation in Jurisdictions of the World