INTRODUCTION TO TREATY RESEARCH

1. INTRODUCTION TO TREATY RESEARCH RESEARCH METHODS IN INTERNATIONAL AND FOREIGN LEGAL RESEARCH Peggy McDermott, M.L.S., J.D.

2. Treaties in International Law Statute of the ICJ, Article 38(1) The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a.international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

3. TREATY PROCESS • countries negotiate a treaty • treaty text is signed • countries approve treaty in accordance with domestic law

4. TREATY MAKING PROCESS • Secretary of State authorizes negotiations • U.S representative negotiates • Agree on terms and representative signs treaty • President submits treaty to Senate • Senate Foreign Relations Committee considers and reports to Senate • Senates considers & approves by 2/3 majority. • President signs instrument of ratification. • President proclaims entry into force ( Hoffman, Researching U.S. Treaties and Agreements . LLRX May 14, 2001)

5. Travaux Préparatoires ..the preparatory work (in American parlance, the legislative history) of a treaty, as used as a means of interpretation. Parry & Grant, Encyclopaedic Dictionary of International Law (2d ed., 2004) An omnibus expression which is used rather loosely to indicate all the documents, such as memoranda, minutes of conferences, and drafts of the treaty under negotiation, for the purpose of interpreting the treaty.McNair, The Law of Treaties (1961)

6. Strategies For Finding Travaux Préparatoires: • Key word search in online catalog/journal index: [name of treaty] andtravauxor preparatory orcongress or history or negotiations or negotiating history, etc. • Treaty documents collected and published together by an international organization or researcher. • Treaty documents within the publications of an international organization. • IGO or conference website for recent treaties. • Yearbooks on international law.

7. Strategies For Finding Travaux Préparatoires: • Yearbooks on international law from international organizations or national governments may provide useful documents.

8. European Convention on Human Rights

9. Also : Country’s internal ratification history in the Senate may be helpful.

12. DIGESTS

13. DECISIONS OF INTERNATIONAL TRIBUNALS

14. Hein’s Treaties and Agreements Library

15. BEVANS (1776-1949)

16. INDEXES AND GUIDES

17. TREATY PROCESS:National Practice • Implementing legislation • National Treaty Law & Practice • Digest of U.S. Practice in International Law • Researching Non-U.S. Treaties <http://www.llrx.com/features/non_ustreaty.htm>

18. TREATY PROCESS: U.S. Practice • Senate Web site • Thomas • Researching U.S.Treaties and Agreementshttp://www.llrx.com/features/ustreaty.htm

20. DEPARTMENT OF STATE

21. U.S. DEPARTMENT OF STATE

23. Back to the 90th Congress

25. TREATY DOCUMENT EX. REPT.

26. Treaty Text – Thomas will link you to GPO ACCESS

27. Treaties which are signed but not ratified are called unperfected treaties (approximately one-third of the treaties signed by the U.S. are never ratified). Unperfected treaties may still be important though, because countries may choose to follow their provisions even without ratification.

28. UNPERFECTED TREATIES • Senate Web site • Thomas • Unperfected Treaties of the United States of America, 1776-1976

29. RESERVATIONS & UNDERSTANDINGS • Senate treaty documents contain the reservations and understandings attached by the U.S. Senate. • Multilateral Treaties Deposited with the Secretary-General includes the texts of reservations for UN treaties. http://untreaty.un.org • Martindale Hubbell International Law Digest includes reservations and declarations to some Hague Conventions.

30. EXECUTIVE AGREEMENTS: • made by the executive branch without Senate approval • enter into force when signed • cannot change existing domestic law • published in UST and TIAS (in theory) or in commercial publications (e.g. looseleaf services – International Trade Reporter. )

31. TREATIES IN FORCE (TIF) • published annually by the Department of State • Department of State website • Lexis • Westlaw • HeinOnline

32. FIELDS TIF

33. TIF

34. U.S. TREATIES: STATUS • Treaties in Force • updated by: • "Treaty Actions" section of the Department of State web site • Senate web site • Thomas

35. U.S. TREATIES:TEXTS • Statutes at Large (Stat.) (to 1950) • United States Treaties and other International Agreements (UST) (1950-): text of treaties in the language of each signatory • Treaties and other International Acts Series(TIAS) (1946-): advance sheet for UST (formed by merger of Treaty Series and Treaties and Other International Act Series) • Treaties and Other International Agreements of the United States, 1776-1949 (Bevans) • Lexis : treaties since 1776 • Westlaw : treaties since 1778

36. U.S. TREATIES: RECENT • Lexis : (1776-) • Westlaw: (1979-) • Thomas • Senate Treaty Documents • Congressional Record • Hein's United States Treaties and other International Agreements • International Legal Materials (I.L.M.)

37. U.S. TREATIES:OTHER SOURCES • subject compilations • Martindale-Hubbell International Law Digest (Lexis) • U.S.C. (never--well, almost never) • U.S.C.A. (very occasionally) • U.S.C.S. (“International Agreements” volume)

38. U.S. TREATIES: IMPLEMENTING LEGISLATION • Is treaty self-executing or does it require implementing legislation ??? • index to printed code or keyword search in code databases:name of thetreaty • keyword search in full-text periodical databases: [name of thetreaty] /s implement! or enabl! • LexisNexis Congressional

39. LEXISNEXIS CONGRESSIONAL

40. LEXIS /NEXIS CONGRESSIONAL HEARINGS, REPORTS, COMMITTEE PRINTS

41. Implementing Legislation • Not always clear whether a treaty is self-executing. • Executive branch may decided if implementing legislation is required. • Senate may include in the “resolution of ratification” that certain provisions are not self-executing. President can’t deposit instrument of ratification until legislation is enacted.

42. HEARINGS H.R. 2909

43. Congressional Reports P.L. 108-78

47. Congressional Committee Prints

48. Multilateral Treaties Deposited with the Secretary-General • status information for about 500 multilateral treaties, including parties, dates of ratification, texts of reservations, etc. KZ 171/ M 86

49. U.N. TREATY DATABASE