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Researching International Law

Overview. DefinitionsPublic International LawPrivate International LawForeign LawComparative LawSources of Law. Public International Law. Governs the relationships between national governments, the relationships between intergovernmental organizations, and the relationships between national governments and intergovernmental organizations. .

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Researching International Law

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    1. Researching International Law Advanced Legal Research November 7, 2006 Marci Hoffman International & Foreign Law Librarian mhoffman@law.berkeley.edu

    2. Overview Definitions Public International Law Private International Law Foreign Law Comparative Law Sources of Law

    3. Public International Law Governs the relationships between national governments, the relationships between intergovernmental organizations, and the relationships between national governments and intergovernmental organizations.

    4. Private International Law Governs the choice of law to apply when there are conflicts in the municipal law of different nations related to private transactions between those nations. Often known as conflict of laws. Topics include contracts, marriage and divorce, jurisdiction, recognition of judgments, child adoption and abduction.

    5. Foreign Law Defines the role of governments to the people they govern and controls relationships between people. It may regulate foreign persons and entities, but it does not have effect outside the boundaries of a nation.

    6. Sources of Law Public International Law Treaties Customary law General principles Court decisions Scholarly commentary Private International Law National law Treaties Customary law Court decisions Scholarly commentary

    7. Getting Started Find a relevant research guide. Define basic concepts or terms, abbreviations or acronyms. Locate secondary sources (journal articles, books, reports).

    8. Research Guides Introduction to International & Foreign Legal Research ASIL Guide to Electronic Resources Guide to International Legal Research Germain’s Transnational Law Research

    9. Abbreviations & Acronyms Bieber's Dictionary of Legal Abbreviations World Dictionary of Legal Abbreviations Noble's International Guide to the Law Reports Cardiff Index to Legal Abbreviations

    10. Definitions & Background Information Encyclopedia of Public International Law Encyclopedia of the United Nations Encyclopaedic Dictionary of International Law

    11. Secondary Sources Journal articles Legal journal indexes Index to Legal Periodicals (ILP) Legal Resource Index (LRI) (LegalTrac) Legal Journals Index (LJI) Index to Foreign Legal Periodicals (IFLP) Law-related journal indexes (PAIS, Social Science Index, EconLit) Books LAWCAT

    12. International Law Locate international instruments (treaty or agreement). Obtain IGO/NGO information (documents, conference proceedings). Find decisions of international courts & tribunals. Locate relevant commentary and analysis.

    13. Treaties & Agreements What are treaties? Types bilateral multilateral US is a party Non-US treaties

    14. What are Treaties? Agreements concluded between States in written form and governed by international law. Convention, treaty, agreement, covenant, final act, charter, memorandums of understanding, protocol, pact, accord, constitution. Usually different names have no legal significance in international law.

    15. Researching Treaties Locate Text of the treaty or agreement Status & ratification information Reservations or declarations Implementing domestic legislation Background documents or commentary Researching Treaties and Agreements

    16. Treaty Indexes U.S. Treaties in Force Treaty Actions United States Treaty Index Bilateral (non-U.S.) & Multilateral Multilateral Treaty Calendar United Nations Cumulative Treaty Index Multilateral Treaties Deposited with the Secretary General

    17. U.S. Treaty Collections Treaties and Other International Acts Series (T.I.A.S.) United States Treaties and Other International Agreements (U.S.T.) Senate Treaty Documents (S. Treaty Doc.)

    18. U.S. Treaty Collections Dept. of State Treaty Affairs Declassified Documents: International Agreements Congress Treaties U.S. Senate Treaty Documents Thomas Other Databases HeinOnline: Treaties & Agreements Library Treaties & International Agreements LexisNexis and Westlaw

    19. Other National Treaty Collections Australian Treaties Library French Treaty Database Hong Kong Treaty Project Pacific Island Treaty Series

    20. Multilateral Sources United Nations Treaty Series (U.N.T.S.) United Nations Treaty Collection European Treaty Series (ETS) OAS Treaties International Legal Materials (I.L.M)

    21. Topical Treaty Collections Human Rights Library Intellectual Property (WIPO) ILOLEX (ILO) Hague Conventions on Private International Law Environmental Law Instruments (UNEP)

    22. Status & Ratification Multilateral Treaties Deposited with the Secretary General Treaties in Force and Treaty Actions Web sites Secretariat Depository Journal articles Treaty indexes

    23. Reservations & Declarations Reservation excludes or modifies the legal effect of provisions. Declaration clarifies a State's position. Some treaties do not allow reservations. Sources Multilateral Treaties Deposited with the Secretary General Web sites Hague Conventions

    24. Implementing Legislation National legislation New legislation DMCA implements two WIPO treaties Existing legislation Treaty Secretariats Chemical Weapons Convention Anti-Bribery Convention

    25. Other Information Background or intent Negotiation documents Preparatory or preliminary documents Legislative history Uruguay Round Agreements Act: A Legislative History of Public Law no. 103-465 See Ŕ la Recherche des Travaux Préparatoires

    26. Other Information Interpretation Decisions International courts & tribunals Domestic courts Commentary & analysis Books, see A Commentary on the United Nations Convention on the Rights of the Child Journal articles

    27. Inter-Governmental Organizations (IGOs) Web sites UN documents GATT/WTO documents Interesting web resources Investment Treaties (UNCTAD) Print documents

    28. Non-Governmental Organizations (NGOs) Web sites Human Rights Amnesty International Environment Basel Action Network Interesting web resources IATP The Treaty Database Online

    29. European Union Researching EU Law EUROPA EUR-Lex (EU Law Portal) Print sources LexisNexis & Westlaw

    30. International Courts & Tribunals International Court of Justice ICJ Research Guide International Courts & Tribunals Project Projects on International Courts & Tribunals WorldLII: International Courts & Tribunals

    31. International Law Sites Electronic Information System for International Law Foreign and International Law Web Foreign and International Resources: An Annotated Guide to Web Resources

    32. Current Stuff International Law in Brief ASIL Insights Blogs Opinio Juris Grotian Moment: The Saddam Hussein Trial Blog

    33. Last Words International legal materials come from a variety of sources & they are not always well organized. Not all international documents are available on the web. Commentary and analysis generally not available on the web. Need to use a combination of print and electronic sources.

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