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Public International Law. Treaties and other international agreements Custom General principles of law Judicial decisions and teachings of qualified publicists.

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Presentation on theme: "Public International Law. Treaties and other international agreements Custom General principles of law Judicial decisions and teachings of qualified publicists."— Presentation transcript:

1 Public International Law

2 Treaties and other international agreements Custom General principles of law Judicial decisions and teachings of qualified publicists Sources of Public Int’l Law:

3 Key Texts in International Law Brownlie, Principles of Public International Law Oppenheim, International Law Shaw, International Law Remember you can do author/title searches in GAVEL

4 Max Planck Encyclopedia of Public International Law http://www.mpepil.com/http://www.mpepil.com/ with older editions in print in Law Library

5 Resources: Bluebook lists official and unofficial cites depends on whether U.S. is a party and number of parties use treaty indexes and databases to get citations databases: TIARA, UN Treaties, Westlaw & Lexis Web resources: Tufts, ENTRI, EISIL, Hein Online, etc. Source: Treaties

6 http://www.asil.org/resource/treaty1.htm

7 http://www.law.uga.edu/library/research/guides/treaties.html

8 name date citations Check Bluebook for Rules re each element Treaties in Force online at http://www.state.gov/s/l/treaty/tif/index.htmhttp://www.state.gov/s/l/treaty/tif/index.htm or via Hein Online or LLMC Digital

9 http://www.state.gov/s/l/treaty/index.htm important resources for recent & pending treaties

10 http://www.state.gov/s/l/treaty/pending/

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12 Hein Online Treaties and Agreements library

13 Treaties & International Agreements Online especially good for treaties where U.S. is party Convention on wetlands linked from Research Resources page currently not available off- campus

14 Treaties and Int’l Agreements Online

15 http://treaties.un.org free

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18 Use this to determine when adopted or concluded, who has signed and/or ratified and when, who has denounced, when it entered into force, any declarations or reservations, and more

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21 citation 189 UNTS 137 Click book icon to jump to full text

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23 EISIL it!

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25 EISIL seeks most authoritative and stable online source

26 The EISIL record provides useful info: citation, link to online sources, description, etc.

27 Hein Online: not just law reviews! Many international law resources, including treaties

28 Linked from Law Library’s Research Resources

29 Contains official pubs, unofficial pubs, indexes, related docs

30 Collection of bilateral and multilateral treaties from 1648-1919

31 http://fletcher.tufts.edu/multilaterals.html Categories reflect early emphasis on env’t but now includes more

32 http://sedac.ciesin.columbia.edu/entri/index.jsp

33 Travaux Préparatoires the preparatory work (or "legislative history") of a treaty often used for the purpose of interpreting the treaty

34 Check GAVEL: keyword search the name of the treaty and (travaux or preparatory or congress or history or negotiations or negotiating history), etc. Treaty documents collected by an international organization international conference web sites Yearbooks of international law sources for travaux préparatoires

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37 GlobaLex has a good guide to finding travaux préparatoires

38 National Treaty Law and Practice series Title search in GAVEL Volumes for additional countries forthcoming

39 Frequently-cited Treaties and Other International Instruments but you have access through UGA http://library.law.umn.edu/researchguides/most-cited.html

40 Source: Custom Resources: your objective is to find evidence of state practice records of state’s foreign relations domestic court decisions domestic legislation resolutions, declarations of int orgs

41 Where do I find these types of evidence? documents on foreign or int’l relations digests, e.g. Digest of United States Practice in International Law repertories of practice yearbooks International Legal Materials Web - State Department and corollaries in other countries

42 Digests of Int’l Law digest and international law

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45 (foreign and documents and canada) and (relations or diploma? or repertory) Sample search in GIL at Main Library foreign documents canada relations diploma? repertory

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47 Sources of State Practice in Int’l Law KZ64.S67 (basement)

48 references to: treaty collections sources of diplomatic documentation other materials that shed light on customary state practice in international law, including yearbooks and digests relevant web sites Currently covers 15 jurisdictions with plans to add more.

49 Oxford Reports on International Law

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52 Avalon Project at Yale http://avalon.law.yale.edu/default.asp "Documents in Law, History & Diplomacy" digitized doesn't provide citations does provide hyperlinks to referenced docs

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55 U.S. State Dept. Office of the Historian "Foreign Relations of the United States" database http://history.state.gov/historicaldocuments 30+ historians declassifying documents compiling documentary history of foreign relations in the U.S. currently 480+ volumes and growing

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57 Don’t forget: ILM is a good resource for many different kinds of docs, including treaties and domestic legislation & case law

58 Bluebooking International Agreements Rule 21.4 & the abbreviation tables can be time-consuming lots of details: name, parties, date, source may need to look several places to get all of the information pay attention to all citation elements


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