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Introduction to International Law Research

Introduction to International Law Research. Comparative & International Law Survey May 2014. Overview. Definitions S ources of law R esources and other materials How to get help. What Is International Law ?. Private Int’l Law

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Introduction to International Law Research

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  1. Introduction to International Law Research Comparative & International Law Survey May 2014

  2. Overview • Definitions • Sources of law • Resources and other materials • How to get help

  3. What Is International Law? Private Int’l 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 Public Int’l Law • Governs interactions between states (nations), between states and intergovernmental bodies (IGOs), and between international bodies themselves

  4. 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) • Note: ICJ also may decide “according to what is equitable and good” (ex aequo et bono). See How the Court Works

  5. Sources of International Law, cont’d. • 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

  6. Research Guides • Gallagher guides on FCIL • American Society of Int’l Law’s Guide to Electronic Resources in International Law • GlobaLex (NYU) guides on FCIL • International Law Tutorial(Duke Law & Berkeley Law)

  7. United Nations • United Nations • Charter • UN Structure and Organization (links on left) • Organizational chart • Library • GlobaLex research guide on Researching the United Nations

  8. More on IGOs • African Union;NATO • Gallagher guide on Intergovernmental Organizations • Yearbook of International Organizations, Reference Office JZ4836 .Y43 • List of IGOs (Northwestern University Library) • ASIL guide on International Organizations

  9. 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

  10. Finding Treaties • Full-text vs. Indexes • Partiesand Status • Reservations • Gallagher guide on Treaties & Other International Agreements

  11. U.S. Treaties • U.S. State Dept. Treaty Affairs • Treaties in Forceand Treaty Actions • HeinOnline Treaties and Agreements Library • On the Gallagher Law Library homepage, locate “HeinOnline” under “Selected Databases”

  12. UN Treaties • FLARE Index to Treaties • United Nations Treaty Collection, Multilateral Treaties Deposited with the Secretary General (“MTDSG”) and United Nations Treaty Series (“UNTS”)

  13. Exercise • Locate the International Convention on Civil & Political Rights (ICCPR) in the UNTS

  14. 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

  15. Researching Reservations • Locate the International Covenant on Civil and Political Rights again • Where are reservations located? • Find one country’s reservation and read what it says

  16. Customary Law • International yearbooks published by countries • Hint: HeinOnline catalog search for [international law yearbook] • Duke legal research tutorial on Customary International Law

  17. Judicial Decisions • Gallagher guide on International Cases • Ex. International Court of Justice • The Project on International Courts & Tribunals: A Synoptic Chart • ASIL research guide on International Criminal Law

  18. 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

  19. Secondary Source Research • Research Guides • Books: library catalog • Articles: LegalTrac (navigate from Law Library home page) • Scholarly opinion: Restatement of Foreign Relations, Third: Westlaw [REST-FOREL] • Commentary / Reports: ASIL • U.S. government web sites & publications State Dept.

  20. 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) • 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? • Search LegalTrac and locate one article citation that discusses the U.S. and the Law of the Sea Convention

  21. 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.

  22. Need Help? Contact the Reference Office 543-6794 http://lib.law.washington.edu/questions.html Schedule an appointment with a Reference Librarian! http://lib.law.washington.edu/students.html

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