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International & Foreign Law Search, Liu 1 Introduction to International, Foreign & Comparative Law Research Public International Law –Treaty Search –Human.

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Presentation on theme: "International & Foreign Law Search, Liu 1 Introduction to International, Foreign & Comparative Law Research Public International Law –Treaty Search –Human."— Presentation transcript:

1 International & Foreign Law Search, Liu 1 Introduction to International, Foreign & Comparative Law Research Public International Law –Treaty Search –Human Rights Search International Trade Law –WTO –CISG Regional Organizations –European Union as an example Foreign Law Research –Common Law v. Civil Law –European Countries Comparative Law Research

2 International & Foreign Law Search, Liu 2 Definitions International Law –Public International Law –Private International Law (Conflicts of Law) Yukos case Foreign Law Comparative Law Not to expect everything online. Where to start? Hornbooks, Treatises, Nutshells etc. Law review articles How to deal with abbreviations? Blue Book or Biebers

3 International & Foreign Law Search, Liu 3 Public International Law Sources Primary and Secondary Sources International Treaties International Customary Laws The general principles of law recognized by civilized nations Judicial decisions, teachings of most highly qualified scholars (persuasive)

4 International & Foreign Law Search, Liu 4 Treaty Search Treaties are agreements between or among sovereign States. Treaties have other names: agreements, covenants, conventions, charters, protocols, declarations, memoranda of understanding, modus vivendi and exchange of notes. Bilateral and Multilateral Treaties Self executing v. Non-self executing –Trade treaties (self executing) –Human Rights (non-self executing) Executive agreements (U.S.).

5 International & Foreign Law Search, Liu 5 Treaty Search Process Information on signatories, ratifications, and reservations –Example: Kyoto Treaty –International Covenant on Civil and Political Rights (ICCPR) Article 6 (5) 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. Legislative History Judicial Interpretations Effective Date, Validity

6 International & Foreign Law Search, Liu 6 Finding treaties to which U.S. is a party 1950 Statutes At Large U.S.T. (KZ235.3.U55) official 1945 T.I.A.S. (KZ235.32.U54) U.S.T.: United States Treaties and Other International Agreements T.I.A.S.: Treaties and Other International Acts Series Bevans: Treaties and Other International Agreements of the United States 1778 Bevans (with an index)(KZ236 1776b ) 20 yr 9 yr Present

7 International & Foreign Law Search, Liu 7 Finding treaties to which U.S. is a party 1950 Statutes At Large U.S.T. (KZ235.3.U55) official 1945 T.I.A.S. (KZ235.32.U54) U.S.T.: United States Treaties and Other International Agreements T.I.A.S.: Treaties and Other International Acts Series Bevans: Treaties and Other International Agreements of the United States 1778 Bevans (with an index)(KZ236 1776b ) 20 yr 9 yr Hein’s UST Current Services (1990-date) microfiche Consolidated Treaties & Int’l Agreements (1990-date) print Heinonline Treaty Library ILM (1962-date) in print Present

8 International & Foreign Law Search, Liu 8 Sources for Treaty Search UST, TIAS, Bevans, Statutes At Large Westlaw (USTREATIES) LexisNexis (USTRTY) International Law Materials (ILM) (Selected Treaties) USCA and USCS (a few important treaties) Bevans: Treaties and Other International Agreement of the U.S. of America, 1776-1949 Websites –UN Texts of Recently Deposited Multilateral TreatiesUN Texts of Recently Deposited Multilateral Treaties –UN Treaty Collection (Law Library Subscription)UN Treaty Collection –State Dept. Treaty in ForceState Dept. Treaty in Force –Thomas (Treaties Section)Thomas Hein online (Law Library Subscription)Hein online

9 International & Foreign Law Search, Liu 9 Indexes State Dept. Treaty in Force (Annually)State Dept. Treaty in Force –Also in Print (Reference) –Hein on LineHein on Line Commercial indexes: –Kavass: Guide to the United States Treaties in Force (Hein on Line)Kavass: Guide to the United States Treaties in Force (Hein on Line) –In print: Kavass, Current Treaty Index-United States Treaty Index Consolidation (KZ 235.U54 C.2) UN Treaty Series Database Westlaw and Lexis (Boolean Search)

10 International & Foreign Law Search, Liu 10 Verification and Updating State Dept. Treaty in Force State Dept. Treaty Actions UN Treaty CollectionUN Treaty Collection (Status Search, signatory, ratification, reservation etc.)

11 International & Foreign Law Search, Liu 11 Human Rights Search: Basic Documents United Nations Charter Universal Declaration of Human Rights International Covenant on Civil and Political RightsInternational Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural RightsInternational Covenant on Economic, Social and Cultural Rights

12 International & Foreign Law Search, Liu 12 Human Rights Search: Recommended Sources University of Minnesota Law Library HR WebsiteUniversity of Minnesota Law Library HR Website United Nations High Commissioner for Human RightsUnited Nations High Commissioner for Human Rights

13 International & Foreign Law Search, Liu 13 International Trade Law: WTO General information of Int’l Trade World Trade Organization –Founded in 1995 based on GATT (1948) –To lower trade barriers –To settle disputes –To foster democracy How does WTO work? –Talk (Negotiation) WTO websiteWTO –A-Z list (index) Site map (table of contents)A-Z listSite map

14 International & Foreign Law Search, Liu 14 International Trade: CISG United Nations Convention on Contracts for International Sale of Goods, 1980 (CISG) –What does it do? Contract Law as a Gap-filler –Examples: Art. 74 Attorney fees –Offer by mail Pace University Annotated CISG site--The most reliable online sourceAnnotated CISG

15 International & Foreign Law Search, Liu 15 Regional Economic Integrations (Trade Blocks)

16 International & Foreign Law Search, Liu 16 May 1, 2004 Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia March 24, 2005 Houston 25 members, 450 million population

17 International & Foreign Law Search, Liu 17 Common Law v. Civil Law II Common Law v. Civil Law--Personal observations: –Law School: Case book v. Hornbooks –Law Classes: Socratic (1hr) v. Lecture (3hr) –Tuition: high v. low –Exams: Analyzing v. Memorizing –Law making: Judges v. Scholars –Law making: Case by case v. Laying out all contingencies –Judicial Review: Norm v. Exception –Jurisprudence: highly practical v. highly theoretical –Judge selection: lawyer-judges v. student (scholar)-judges –Judgment: Long (with dissent) v. short (W/O dissent) –Attorneys: Active role v. Passive role

18 International & Foreign Law Search, Liu 18 Source:Copyright ©2002, William M.K. Trochim, All Rights Reserved http://www.socialresearchmethods.net/kb/dedind.htmhttp://www.socialresearchmethods.net/kb/dedind.htm

19 International & Foreign Law Search, Liu 19 Foreign Law Research Not as easy as finding U.S. law Useful Sources Thomas H. Reynolds & Arturo A. Flores, Foreign Law- Current Sources of Codes and Legislation in Jurisprudence of the World (K38.R49 1989, Reference Collection) Online Research Guide Muligan and Liu’s Foreign Primary Law on the WebForeign Primary Law on the Web LLRX.com Resource Center - Comparative and Foreign Law Foreign and International Law Sources on the Internet: Annotated LexisNexis (Legal (excluding U.S.) ) Reference Librarians

20 International & Foreign Law Search, Liu 20 Comparative Law For academic research, not for practice Occasionally play a role in the U.S. Supreme Court

21 International & Foreign Law Search, Liu 21 Comparative Law For academic research, not for practice Occasionally play a role in the U.S. Supreme Court ROPER V. SIMMONS (03- 633) 543 U.S. 551 (2005) 112 S. W. 3d 397, affirmedROPER V. SIMMONS Audio Clip: Oral Argument (MP3/SMIL) minutes 12--16Oral Argument (MP3/SMIL)


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