Real World Research: Treaties October 25, 2006 Marci Hoffman

Overview Definitions Definitions Public International LawPublic International LawPublic International LawPublic International Law Private International LawPrivate International LawPrivate International LawPrivate International Law Sources of Law Sources of Law Treaties and agreements are primary sources of law for both public and private international lawTreaties and agreements are primary sources of law for both public and private international law

Public International Law Governs the relationships between national governments, the relationships between intergovernmental organizations, and the relationships between national governments and intergovernmental organizations. Governs the relationships between national governments, the relationships between intergovernmental organizations, and the relationships between national governments and intergovernmental organizations.

Private International Law Governs the choice of law to apply when there are conflicts in the municipal law of different nations related to private transactions between those nations. Often known as conflict of laws. Governs the choice of law to apply when there are conflicts in the municipal law of different nations related to private transactions between those nations. Often known as conflict of laws. Topics include contracts, marriage and divorce, jurisdiction, recognition of judgments, child adoption and abduction. Topics include contracts, marriage and divorce, jurisdiction, recognition of judgments, child adoption and abduction.

Treaties & Agreements What are treaties? What are treaties? What are treaties? What are treaties? Types Types bilateralbilateral multilateralmultilateral US is a party US is a party Non-US treaties Non-US treaties

What are Treaties? Agreements concluded between States in written form and governed by international law. Agreements concluded between States in written form and governed by international law. Convention, treaty, agreement, covenant, final act, charter, memorandums of understanding, protocol, pact, accord, constitution. Convention, treaty, agreement, covenant, final act, charter, memorandums of understanding, protocol, pact, accord, constitution. Usually different names have no legal significance in international law. Usually different names have no legal significance in international law.

Researching Treaties Text of the treaty or agreement Text of the treaty or agreement Status & ratification information Status & ratification information Reservations or declarations Reservations or declarations Domestic implementing legislation Domestic implementing legislation Background documents or intent (legislative history or travaux préparatoires) Background documents or intent (legislative history or travaux préparatoires) Commentary & analysis Commentary & analysis

U.S. Treaties Executive Executive Dept. of State, Treaty AffairsDept. of State, Treaty AffairsTreaty AffairsTreaty Affairs Reporting to Congress Reporting to Congress Reporting to Congress Reporting to Congress Congress Congress Senate, TreatiesSenate, TreatiesTreaties HouseHouse

Treaty Indexes Treaties in Force Treaties in Force Treaties in Force Treaties in Force Treaty ActionsTreaty ActionsTreaty ActionsTreaty Actions United States Treaty Index United States Treaty Index Multilateral Treaty Calendar Multilateral Treaty Calendar United Nations Cumulative Treaty Index United Nations Cumulative Treaty Index Multilateral Treaties Deposited with the Secretary General Multilateral Treaties Deposited with the Secretary General Multilateral Treaties Deposited with the Secretary General Multilateral Treaties Deposited with the Secretary General

U.S. Treaty Collections Print sources Print sources Treaties and Other International Acts Series (T.I.A.S.)Treaties and Other International Acts Series (T.I.A.S.)Treaties and Other International Acts Series Treaties and Other International Acts Series United States Treaties and Other International Agreements (U.S.T.)United States Treaties and Other International Agreements (U.S.T.) Senate Treaty Documents (S. Treaty Doc.)Senate Treaty Documents (S. Treaty Doc.)

U.S. Treaty Collections Electronic Sources Electronic Sources U.S. Senate Treaty DocumentsU.S. Senate Treaty DocumentsU.S. Senate Treaty DocumentsU.S. Senate Treaty Documents Declassified Documents: International AgreementsDeclassified Documents: International AgreementsDeclassified Documents: International AgreementsDeclassified Documents: International Agreements HeinOnline: Treaties & Agreements LibraryHeinOnline: Treaties & Agreements LibraryHeinOnline: Treaties & Agreements LibraryHeinOnline: Treaties & Agreements Library Treaties & International AgreementsTreaties & International AgreementsTreaties & International AgreementsTreaties & International Agreements Lexis and WestlawLexis and Westlaw

Other U.S. Collections Income Tax Treaties (IRS) Income Tax Treaties (IRS) Income Tax Treaties Income Tax Treaties Dept. of Energy Dept. of Energy Dept. of Energy Dept. of Energy Trade Agreements (USTR) Trade Agreements (USTR) Trade Agreements Trade Agreements Bureau of International Security and Nonproliferation Bureau of International Security and Nonproliferation Bureau of International Security and Nonproliferation Bureau of International Security and Nonproliferation

Other National Treaty Collections Australian Treaties Library Australian Treaties Library Australian Treaties Library Australian Treaties Library Pacific Island Treaty Series Pacific Island Treaty Series Pacific Island Treaty Series Pacific Island Treaty Series French Treaty Database French Treaty Database French Treaty Database French Treaty Database Hong Kong Treaty Project Hong Kong Treaty Project Hong Kong Treaty Project Hong Kong Treaty Project Chinese Bilateral Treaties & Agreements Chinese Bilateral Treaties & Agreements Chinese Bilateral Treaties & Agreements Chinese Bilateral Treaties & Agreements WorldLII (collections by country) WorldLII (collections by country) WorldLII

Multilateral Sources United Nations Treaty Series (U.N.T.S.) United Nations Treaty Series (U.N.T.S.) United Nations Treaty Collection United Nations Treaty Collection United Nations Treaty Collection United Nations Treaty Collection International Legal Materials (I.L.M) International Legal Materials (I.L.M) European Treaty Series (ETS) European Treaty Series (ETS) European Treaty Series European Treaty Series Avalon Project Avalon Project Avalon Project Avalon Project OAS Treaties OAS Treaties OAS Treaties OAS Treaties

Topical Treaty Collections Human Rights Library Human Rights Library Human Rights Library Human Rights Library Intellectual Property Intellectual Property Intellectual Property Intellectual Property ILOLEX ILOLEX ILOLEX Hague Conventions on Private International Law Hague Conventions on Private International Law Hague Conventions on Private International Law Hague Conventions on Private International Law International Fisheries Treaty Database International Fisheries Treaty Database International Fisheries Treaty Database International Fisheries Treaty Database

Status & Ratification Multilateral Treaties Deposited with the Secretary General Multilateral Treaties Deposited with the Secretary General Treaties in Force and Treaty Actions Treaties in Force and Treaty Actions Web sites Web sites SecretariatSecretariatSecretariat DepositoryDepositoryDepository Journal articles Journal articles Journal articles Journal articles Treaty indexes Treaty indexes

Reservations & Declarations Reservations exclude or modify the legal effect of provisions. Reservations exclude or modify the legal effect of provisions. Declarations clarify a State's position. Declarations clarify a State's position. Some treaties do not allow reservations. Some treaties do not allow reservations. Some treaties do not allow reservations Some treaties do not allow reservations Sources Sources Multilateral Treaties Deposited with the Secretary GeneralMultilateral Treaties Deposited with the Secretary GeneralMultilateral Treaties Deposited with the Secretary GeneralMultilateral Treaties Deposited with the Secretary General Secretariat web siteSecretariat web site Hague Conventions Hague Conventions Hague Conventions Hague Conventions

Domestic Implementing Legislation National legislation National legislation New legislationNew legislation DMCA implements two WIPO treaties DMCA implements two WIPO treaties Existing legislationExisting legislation Treaty Secretariats Treaty Secretariats Chemical Weapons ConventionChemical Weapons ConventionChemical Weapons ConventionChemical Weapons Convention Anti-Bribery ConventionAnti-Bribery ConventionAnti-Bribery ConventionAnti-Bribery Convention

Other Information Background or intent Background or intent Negotiation documentsNegotiation documentsNegotiation documentsNegotiation documents Preparatory or preliminary documentsPreparatory or preliminary documentsPreparatory or preliminary documentsPreparatory or preliminary documents Legislative historyLegislative history Uruguay Round Agreements Act: A Legislative History of Public Law no Uruguay Round Agreements Act: A Legislative History of Public Law no See À la Recherche des Travaux Préparatoires See À la Recherche des Travaux PréparatoiresÀ la Recherche des Travaux PréparatoiresÀ la Recherche des Travaux Préparatoires

Other Information Interpretation Interpretation Court decisionsCourt decisions International courts & tribunals International courts & tribunals Domestic courts Domestic courts Commentary & analysisCommentary & analysis Books, see A Commentary on the United Nations Convention on the Rights of the Child Books, see A Commentary on the United Nations Convention on the Rights of the Child Journal articles Journal articles

More on Treaties Electronic Information System for International Law (EISIL) Electronic Information System for International Law (EISIL) Electronic Information System for International Law Electronic Information System for International Law Frequently-Cited Treaties and Other International Instruments Frequently-Cited Treaties and Other International Instruments Frequently-Cited Treaties and Other International Instruments Frequently-Cited Treaties and Other International Instruments Researching Treaties & International Agreements Researching Treaties & International Agreements Researching Treaties & International Agreements Researching Treaties & International Agreements ASIL Guide to Electronic Resources ASIL Guide to Electronic Resources ASIL Guide to Electronic Resources ASIL Guide to Electronic Resources

Citing to Treaties A treaty citation should contain: A treaty citation should contain: name of the agreementname of the agreement date of signingdate of signing parties (if bilateral)parties (if bilateral) subdivision referred to, if applicablesubdivision referred to, if applicable source(s) for the text of the treatysource(s) for the text of the treaty Example: Vienna Convention on the Law of Treaties, May 23, 1969, 1155 U.N.T.S. 331; 8 I.L.M. 679 (1969)Example: Vienna Convention on the Law of Treaties, May 23, 1969, 1155 U.N.T.S. 331; 8 I.L.M. 679 (1969) See The Bluebook- rule 21.4 See The Bluebook- rule 21.4