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Foreign & Intern’l Legal Research Seminar (Law 623A)

Foreign & Intern’l Legal Research Seminar (Law 623A). Roy L. Sturgeon, J.D., M.L.S., LL.M. (Chinese Law) Foreign & International Law Librarian, Library Liaison to the Public Advocacy Center, & Library Faculty February 26, 2009, 3:30-5:15pm, Rm. L308. Remember the basics.

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Foreign & Intern’l Legal Research Seminar (Law 623A)

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  1. Foreign & Intern’l Legal Research Seminar (Law 623A) Roy L. Sturgeon, J.D., M.L.S., LL.M. (Chinese Law) Foreign & International Law Librarian, Library Liaison to the Public Advocacy Center, & Library Faculty February 26, 2009, 3:30-5:15pm, Rm. L308

  2. Remember the basics 5 simple--but important--research rules: 1. Plan 2. Think time, money, & resources 3. When in doubt, get context 4. Find someone who has already done the work for you 5. Know when to stop

  3. Intern’l law • Intern’l law is usually divided into two parts: public & private • Public intern’l law governs relationships between nat’l governments, relationships between intergovernmental organizations (IGOs), & relationships between nat’l governments & IGOs Important: it regulates/binds nat’l governments and IGOs across nat’l boundaries

  4. Intern’l law (cont.) • Private intern’l law governs the choice of law to apply when there are conflicts in the municipal (i.e., nat’l) law of different nations related to private transactions between those nations • Also known as “conflict of laws” • Deals with contracts, marriage & divorce, jurisdiction, recognition of judgments, child adoption & abduction

  5. Inter-Governmental Organizations (IGOs) Q: What is an IGO? A: A public or governmental organization created by treaty or agreement between States • Examples include the United Nations (UN), European Union (EU), World Trade Organization (WTO), Council of Europe (COE), & the Organization of American States (OAS) • Some IGOs are worldwide (e.g., UN), while others are regional (e.g., EU)

  6. IGOs (cont.) • IGOs are important because they: 1. establish norms 2. promote multilateral conventions 3. provides ways to peacefully resolve conflicts • Some IGOs have set up adjudicatory bodies by whose decisions nations agree to be bound (e.g., WTO) • Many IGOs compile & publish important research sources in intern’l law

  7. IGOs (cont.) Many--if not most--IGOs have official websites that provide news, descriptive overviews of their activities, & access to numerous legal documents: • UN – http://www.un.org/ • EU – http://europa.eu/ • WTO – http://www.wto.org/ • COE – http://www.coe.int/ • OAS – http://www.oas.org/ Beware of fakes!→http://gatt.org/

  8. Non-Governmental Organizations (NGOs) Q: What is an NGO? A: An organization set up by a person or group of persons concerned about a single issue (e.g., human rights, world peace) for the purpose of educating the public, solving problems, &/or lobbying governments • Examples include Amnesty International, Carnegie Endowment for Intern’l Peace, & Human Rights Watch • NGOs lack governmental power & legal status of IGOs

  9. NGOs (cont.) • NGOs vary in size, structure, prestige, & influence. Some of the larger ones, like Amnesty International (Nobel Peace laureate 1977), exert considerable pressure in nat’l & intern’l policy debates • Many NGOs have consultative status with IGOs. This means NGOs can participate in or contribute to the work of IGOs • The UN allows NGOs to serve as technical experts, advisors, & consultants to member States & the UN Secretariat

  10. NGOs (cont.) Many NGOs have official websites that provide news, descriptive overviews of their activities, & access to numerous documents: • AI – http://www.amnesty.org/ • CEIP – http://www.carnegieendowment.org/ • HRW – http://www.hrw.org/ As always, beware of fakes!!!

  11. Intern’l Courts & Tribunals Largely a post-WWII phenomenon. Many now have official websites that provide news, descriptive overviews of their activities, & access to numerous legal documents: • ICJ (aka “World Court”) – http://www.icj-cij.org/ • ECHR – http://www.echr.coe.int/echr • ITLS – http://www.itlos.org/ • ICC – http://www.icc-cpi.int/

  12. In conclusion . . . • Effective attorneys are effective legal researchers • Think of legal research as a way of empowering yourself. The better you are at researching, the more empowered you become • Don’t ever be afraid of asking a librarian--at Touro or elsewhere--for help. Most will be glad to help you because they view it as central to what librarians do

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