Presentation on theme: "Introduction to International Law Research Comparative & International Law Survey May 2014."— Presentation transcript:
Introduction to International Law Research Comparative & International Law Survey May 2014
Overview Definitions Sources of law Resources and other materials How to get help
What Is International Law? Public Intl Law Governs interactions between states (nations), between states and intergovernmental bodies (IGOs), and between international bodies themselves Private Intl Law Governs the choice of law to apply when there are conflicts in the domestic/national law of different countries that relate to private transactions
Sources of International Law The sources are set forth in Article 38 of the Statute of the International Court of Justice (annex to UN Charter) Statute of the International Court of Justice Note: ICJ also may decide according to what is equitable and good (ex aequo et bono). See How the Court Works How the Court Works
Sources of International Law, contd. International conventions – Treaties, pacts, protocols, agreements, accords – Bilateral (2 parties) – Multilateral (3 or more parties) Customary law (country-specific practices and general principles) Judicial decisions and the teachings of the most highly qualified publicists of the various nations
Research Guides Gallagher guides on FCIL American Society of Intl Laws Guide to Electronic Resources in International LawGuide to Electronic Resources in International Law GlobaLex (NYU) guides on FCIL GlobaLex International Law Tutorial (Duke Law & Berkeley Law) International Law Tutorial
United Nations – Charter Charter – UN Structure and Organization (links on left) UN Structure and Organization – Organizational chart Organizational chart – Library Library GlobaLex research guide on Researching the United NationsResearching the United Nations
More on IGOs African Union; NATO African UnionNATO Gallagher guide on Intergovernmental OrganizationsIntergovernmental Organizations Yearbook of International Organizations, Reference Office JZ4836.Y43 List of IGOs (Northwestern University Library) List of IGOs ASIL guide on International OrganizationsInternational Organizations
Review: Treaties A treaty is an agreement among states Number of different names: – International agreements – Conventions – Protocols Bilateral vs. Multilateral – Bilateral: between two parties – Multilateral: among several parties
Finding Treaties Full-text vs. Indexes Parties and Status Reservations Gallagher guide on Treaties & Other International AgreementsTreaties & Other International Agreements
U.S. Treaties U.S. State Dept. Treaty AffairsTreaty Affairs – Treaties in Force and Treaty Actions Treaties in ForceTreaty Actions HeinOnline Treaties and Agreements LibraryTreaties and Agreements Library – On the Gallagher Law Library homepage, locate HeinOnline under Selected DatabasesGallagher Law Library
UN Treaties FLARE Index to Treaties United Nations Treaty Collection, Multilateral Treaties Deposited with the Secretary General (MTDSG) and United Nations Treaty Series (UNTS) United Nations Treaty Collection
Exercise Locate the International Convention on Civil & Political Rights (ICCPR) in the UNTS
Reservations A state may wish to become a party to a treaty but disagree with one or more terms State may decide to become party to a treaty but issue a reservation Usually comes up in the context of multilateral treaties with many parties
Researching Reservations Locate the International Covenant on Civil and Political Rights again Where are reservations located? Find one countrys reservation and read what it says
Customary Law International yearbooks published by countries – Hint: HeinOnline catalog search for [international law yearbook] Duke legal research tutorial on Customary International LawCustomary International Law
Judicial Decisions Gallagher guide on International CasesInternational Cases – Ex. International Court of JusticeInternational Court of Justice The Project on International Courts & Tribunals: A Synoptic Chart The Project on International Courts & Tribunals ASIL research guide on International Criminal LawInternational Criminal Law
Research Strategy Review Preliminary analysis (what do I already know?) Secondary sources (books, articles, non-legal materials – news, etc.) Primary materials (e.g. treaty) Update & refine
Secondary Source Research Research Guides Books: library cataloglibrary catalog Articles: LegalTrac (navigate from Law Library home page)Law Library Scholarly opinion: Restatement of Foreign Relations, Third: Westlaw [REST-FOREL]REST-FOREL Commentary / Reports: ASILASIL U.S. government web sites & publications State Dept.State Dept.
Exercise Start at the United Nations Treaty Collection and navigate to the UNTS database to locate the United Nations Convention on the Law of the Sea (UNCLOS)United Nations Treaty Collection – Is the U.S. listed as a participant to this agreement? Use the FLARE Index to search for UNCLOS, and locate a full-text version of this treaty. In which Article is piracy defined?FLARE Index Search LegalTrac and locate one article citation that discusses the U.S. and the Law of the Sea ConventionLegalTrac
Wrap-Up Sources of international law: treaties, custom, general principles, cases, teachings Treaties: can find text in different places IGOs: established by treaties; websites include pubs, press releases, official docs Secondary sources: books, scholarly articles, news. Remember to consider non-US perspectives.
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