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International and Foreign Law

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.

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International and Foreign Law

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  1. International and Foreign Law Duncan Alford Princeton University

  2. 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

  3. 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

  4. Sources of International law • Restatement 3rd, Foreign Relations Law of US, §§ 102 - 103 • Customary law • International agreements • General principles common to major legal systems • Evidence of the above includes scholarly writings

  5. 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

  6. 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

  7. 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

  8. Treaty Indexes • Treaty Guide • http://www.princeton.edu/~law/treatyguide.html • U.S. Treaties In Force • Multilateral Treaties Deposited with the Secretary-General • World Treaty Index (historical)

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

  10. TreatiesFull-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)

  11. 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

  12. Foreign Law – Reference Sources • Reynolds & Flores, Foreign Law Guide • Legal Systems of the World (ABC-CLIO) • LLRX • http://www.llrx.com • Legal Research Guide • http://www.princeton.edu/~law/lawguide.html

  13. 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

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