Researching International Law by Annette Demers BA LLB MLIS

1. Researching International Lawby Annette Demers BA LLB MLIS International Law

2. International Law Public International Law – law between nations. International Law

3. Sources 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 b. international custom c. general principles of law d. judicial decisions and the teachings of the most highly qualified publicists; Statute of the ICJ, 26 June 1945, Can TS 1945 no 7, Article 38, BTS 1946 no 67 (entered into force 24 October 1945. Ratification by Canada 09 November 1945). International Law

4. Secondary Sources BOOKS Library Catalogue WorldCat Harvard International Law

5. Secondary Sources REFERENCE MATERIALS Max Planck Encyclopedia of International Law Oxford International Law Dictionary Oxford Encyclopedia of Human Rights Oxford Guide to Latin in International Law International Law

6. Secondary Sources JOURNAL ARTICLES Westlaw Canada -”WORLD-JLR” Quicklaw-”Law Reviews, CLE, Legal Journals & Periodicals Combined” + ”All Canadian Legal Journals” + ”Law Reviews with International Focus” + “International Law Review Articles, Combined” HeinOnline International Law

7. Finding Treaties Canada Treaty Series (print only) -find the cite using Canada Treaty Information website Example where can we find this treaty? “Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption” International Law

9. Finding Treaties International Law

10. Finding Treaties • Every treaty and every international agreement entered into by any Member of the United Nations …shall as soon as possible be registered with the Secretariat and published by it. • No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations. • Charter of the United Nations, 26 June 1945, Can TS 1945 No 7, Art 102, BTS 1946 No 67 (entered into force 24 October 1945. Ratification by Canada 09 November 1945). International Law

11. Finding Treaties United Nations Treaty Series – Free online. International Law

12. Finding Treaties International Law

13. Finding Treaties International Law

14. Finding Treaties by Citation Treaty Between the United States of America and the Republic of Uruguay Concerning Encouragement and Reciprocal Protection of Investment, 25 October 2004, 44 ILM 268. International Law

15. Locating Abbreviations -Cardiff Index Online http://www.legalabbrevs.cardiff.ac.uk or Mary Miles Prince, Bieber’s Dictionary of Legal Abbreviations, (Buffalo, N.Y.: W.S. Hein, 2001). and Christian L. Wiktor,Multilateral Treaty Calendar 1648-1995, (The Hague: M. Nijhoff Publishers, 1998). International Law

16. Locating Treaties Canada Treaty Series – Print OnlyUnited Nations Treaty Series – OnlineInternational Legal Materials – HeinUS Treaties – QL, West, Hein International Law

17. Status of Treaties You may need:-date and place of signature-by signature, accession or succession?-date of ratification-commencement date-for Canada, implementation statute-reservations filed International Law

18. Status of Treaties Baker v Canada (Minister of Citizenship and Immigration, [1999] 2 SCR 817 ¶ 7-11, 69-72, 76-77, 174 DLR (4th) 193. 69   “Another indicator of the importance of considering the interests of children when making a compassionate and humanitarian decision is the ratification by Canada of the Convention on the Rights of the Child, and the recognition of the importance of children’s rights and the best interests of children in other international instruments ratified by Canada.  International treaties and conventions are not part of Canadian law unless they have been implemented by statute… I agree with the respondent and the Court of Appeal that the Conventionhas not been implemented by Parliament.  Its provisions therefore have no direct application within Canadian law. 70   Nevertheless, the values reflected in international human rights law may help inform the contextual approach to statutory interpretation and judicial review…” International Law

19. Status of Treaties Where to find status info:-Canada Treaty Information website-UN Status of Multilateral Treaties site-US Treaty Actions website International Law

20. Sample CIF Provision 1. This Statute shall enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary – General of the United Nations.Rome Statute of the International Criminal Court, 18 December 1998, Can TS 2002 No 13, Art 126, 2187 UNTS 3 (entered into force 01 July 2002, ratification by Canada 07 July 2000). International Law

21. Try it! Use the Canada Treaty Information website to find the citation to this treaty: Convention on the Civil Aspects of International Child Abduction International Law

22. Try it! Use the Canada Treaty Information website to find the citation to this treaty: Convention on the Civil Aspects of International Child Abduction International Law

23. Try it! Use the UN Treaty Series Popular Names website to find out when this treaty was signed by the United Kingdom: Berne Convention for the Protection of Literary and Artistic Works International Law

24. Try it! Use International Legal Materials on HeinOnline to locate this treaty: Agreement Establishing the World Trade Organization,with annexes (1 to 4). 15 April 1994, 33 I.L.M. 1, 13, 1125, 1144, BTS 57 (1996). International Law

25. THANK YOU! Annette Demers ademers@uwindsor.ca http://www.uwindsor.ca/law/library International Law