Researching International Law by Annette Demers BA LLB MLIS International Law

Public International Law – law between nations.

International Law Sources Article 38 “1. The Court, whose function is to decide in accordance with International Law such disputes as are submitted to it, shall apply: a. international conventions b. international custom c. general principles of law d. judicial decisions and the teachings of the most highly qualified publicists; Statute of the ICJ, 26 June 1945, Can TS 1945 no 7, Article 38, BTS 1946 no 67 (entered into force 24 October Ratification by Canada 09 November 1945).

International Law Secondary Sources BOOKS Library Catalogue WorldCat Harvard

International Law Secondary Sources REFERENCE MATERIALS Max Planck Encyclopedia of International Law Oxford International Law Dictionary Oxford Encyclopedia of Human Rights Oxford Guide to Latin in International Law

International Law Secondary Sources JOURNAL ARTICLES Westlaw Canada -”WORLD-JLR” Quicklaw -”Law Reviews, CLE, Legal Journals & Periodicals Combined” + ”All Canadian Legal Journals” + ”Law Reviews with International Focus” + “International Law Review Articles, Combined” HeinOnline

International Law Treaty Research Includes 1.Citing it. 2.Citing treaties requires that you understand the status of a treaty: a)Is it in force? b)The date and place of signature c)What countries signed it d)What countries have ratified it 3.Locating the Full Text of a Treaty

International Law CITING A TREATY Rome Statute of the International Criminal Court, 18 December 1998, Can TS 2002 No 13, Art 126, 2187 UNTS 3 (entered into force 01 July 2002, ratification by Canada 07 July 2000).

1. This Statute shall enter into force on the first day of the month after the 60 th day following the date of the deposit of the 60 th instrument of ratification, acceptance, approval or accession with the Secretary – General of the United Nations. Rome Statute of the International Criminal Court, 18 December 1998, Can TS 2002 No 13, Art 126, 2187 UNTS 3 (entered into force 01 July 2002, ratification by Canada 07 July 2000). International Law Sample CIF Provision

International Law Canada Treaty Series Locate status information and citation using Canada Treaty Information website Example: Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption

International Law Try it! Use the Canada Treaty Information website to find the citation to this treaty: Convention on the Civil Aspects of International Child Abduction

International Law Finding Treaties 1.Every treaty and every international agreement entered into by any Member of the United Nations …shall as soon as possible be registered with the Secretariat and published by it. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations. Charter of the United Nations, 26 June 1945, Can TS 1945 No 7, Art 102, BTS 1946 No 67 (entered into force 24 October Ratification by Canada 09 November 1945).

International Law United Nations Treaty Series Provides both: 1.Full text of treaties in the UN Treaty Series. 2.Status of treaties deposited with the UN.

International Law Finding Treaties United Nations Treaty Series – Free online.

International Law Finding Treaties

International Law Finding Treaties

International Law Try it! Use the UN Treaty Series Popular Names website to find out when this treaty was signed by the United Kingdom: Berne Convention for the Protection of Literary and Artistic Works

International Law Finding Treaties by Citation Treaty Between the United States of America and the Republic of Uruguay Concerning Encouragement and Reciprocal Protection of Investment, 25 October 2004, 44 ILM 268.

International Law Locating Abbreviations -Cardiff Index Online or Mary Miles Prince, Bieber’s Dictionary of Legal Abbreviations, (Buffalo, N.Y.: W.S. Hein, 2001). and Christian L. Wiktor, Multilateral Treaty Calendar , (The Hague: M. Nijhoff Publishers, 1998).

International Law Finding Treaties by Citation Sample citations: ILM – International Legal Materials UNTS – United Nations Treaty Series Can TS – Canadian Treaty Series BFSP – British Foreign and State Papers Comm – UK Command Papers + many others.

Canada Treaty Series – Print Only United Nations Treaty Series – Online International Legal Materials – Hein US Treaties – QL, West, Hein International Law Locating Treaties

International Law Try it! Use International Legal Materials on HeinOnline to locate this treaty: Treaty Between the United States of America and the Republic of Uruguay Concerning Encouragement and Reciprocal Protection of Investment, 25 October 2004, 44 ILM 268.

You may need: -date and place of signature -signature, accession or succession -date of ratification -commencement date -for Canada, implementation statute -reservations filed International Law Status of Treaties

International Law Status of Treaties Baker v Canada (Minister of Citizenship and Immigration, [1999] 2 SCR 817 ¶ 7-11, 69-72, 76-77, 174 DLR (4 th ) “Another indicator of the importance of considering the interests of children when making a compassionate and humanitarian decision is the ratification by Canada of the Convention on the Rights of the Child, and the recognition of the importance of children’s rights and the best interests of children in other international instruments ratified by Canada. International treaties and conventions are not part of Canadian law unless they have been implemented by statute… I agree with the respondent and the Court of Appeal that the Convention has not been implemented by Parliament. Its provisions therefore have no direct application within Canadian law. 70 Nevertheless, the values reflected in international human rights law may help inform the contextual approach to statutory interpretation and judicial review…”

Where to find status info: -Canada Treaty Information website -UN Status of Multilateral Treaties site -US Treaty Actions website International Law Status of Treaties

THANK YOU! Annette Demers International Law