International and Foreign Law Duncan Alford Princeton University

Definitions International law – public international law; law governing relations between nations Foreign law – national laws of other countries; internal laws Comparative law – research and analysis of foreign law

Sources of International Law ICJ Statute, Art. 38(1) International conventions International custom General principles of law recognized by civilized nations Judicial decisions and the teaching of the most highly qualified publicists

Sources of International law Restatement 3rd, Foreign Relations Law of US, §§ Customary law International agreements General principles common to major legal systems Evidence of the above includes scholarly writings

Law Journals (in order of relevance to international law) Index to Foreign Legal Periodicals Legal Journals Index (LJI) – Westlaw (commercial) Legaltrac Index to Legal Periodicals

Treaties Agreement between 2 or more nations No individuals sign International organizations sign Bilateral v. multilateral Various names Convention, covenant, pact, protocol declaration, executive agreements

Treaty Procedure Negotiation – travaux préparatoires Signature by national representatives Ratification – U.S. Senate by 2/3 In force – clause in treaty states requirements Treaties = U.S. statutes in supremacy hierarchy; later-in-time rule

Treaty Indexes Treaty Guide U.S. Treaties In Force Multilateral Treaties Deposited with the Secretary-General World Treaty Index (historical)

Citation of Treaty North Atlantic Treaty, 63 Stat. 2241, 34 U.N.T.S. 243, Apr. 4, 1949.

Treaties Full-text Databases Hein Online Treaties and International Agreements Online (TIARA) United Nations Treaty Databases United Nations Treaty Series League of Nations Treaty Series Statutes at Large / Congressional Universe (before 1950)

Tips for Treaty Research If the U.S. is a party Treaties and International Agreements Online After 1950, U.S. Treaty Series (U.S.T.) Before 1950, U.S. Statutes at Large (Stat.) If the U.S. is NOT a party U.N. Treaty Series (U.N.T.S.) World Treaty Index (historical) Subject matter specific or country specific collection

Foreign Law – Reference Sources Reynolds & Flores, Foreign Law Guide Legal Systems of the World (ABC-CLIO) LLRX Legal Research Guide

Foreign Law (in print at Firestone) Constitutions of the Countries of the World – print (SSRC) and electronic Public General Acts and Measures (UK) Journal Officiel (France) Bundesgesetzblatt (Germany) Teil I – legislation Teil II – treaties