1 / 13

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.

gaston
Download Presentation

International and Foreign Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related