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Introduction to International, Foreign & Comparative Law Research

Introduction to International, Foreign & Comparative Law Research. Public International Law Treaty Search Human Rights Search International Trade Law WTO CISG Regional Organizations European Union as an example Foreign Law Research Common Law v. Civil Law European Countries

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Introduction to International, Foreign & Comparative Law Research

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  1. Introduction to International, Foreign & Comparative Law Research • Public International Law • Treaty Search • Human Rights Search • International Trade Law • WTO • CISG • Regional Organizations • European Union as an example • Foreign Law Research • Common Law v. Civil Law • European Countries • Comparative Law Research International & Foreign Law Search, Liu

  2. Public International Law Sources Primary and Secondary Sources • International Treaties • International Customary Laws • The general principles of law recognized by civilized nations • Judicial decisions, teachings of most highly qualified scholars (persuasive) International & Foreign Law Search, Liu

  3. Treaty Search • Treaties are agreements between or among sovereign States. • Treaties have other names: agreements, covenants, conventions, charters, protocols, declarations, memoranda of understanding, modus vivendi and exchange of notes. • Bilateral and Multilateral Treaties • Self executing v. Non-self executing • Trade treaties (self executing) • Human Rights (non-self executing) • Executive agreements (U.S.). International & Foreign Law Search, Liu

  4. Treaty Search Process • Information on signatories, ratifications, and reservations • Example: Kyoto Treaty • International Covenant on Civil and Political Rights (ICCPR) Article 6 (5) • 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. • Legislative History • Judicial Interpretations • Effective Date, Validity International & Foreign Law Search, Liu

  5. Finding treaties to which U.S. is a party Statutes At Large U.S.T. (KZ235.3.U55) official 20 yr 1945 1950 1778 9 yr Present Bevans (with an index)(KZ236 1776b ) T.I.A.S. (KZ235.32 .U54) U.S.T.: United States Treaties and Other International Agreements T.I.A.S.: Treaties and Other International Acts Series Bevans: Treaties and Other International Agreements of the United States International & Foreign Law Search, Liu

  6. Finding treaties to which U.S. is a party Hein’s UST Current Services (1990-date) microfiche Consolidated Treaties & Int’l Agreements (1990-date) print Heinonline Treaty Library ILM (1962-date) in print Statutes At Large U.S.T. (KZ235.3.U55) official 20 yr 1945 1950 1778 9 yr Present Bevans (with an index)(KZ236 1776b ) T.I.A.S. (KZ235.32 .U54) U.S.T.: United States Treaties and Other International Agreements T.I.A.S.: Treaties and Other International Acts Series Bevans: Treaties and Other International Agreements of the United States International & Foreign Law Search, Liu

  7. Sources for Treaty Search • UST, TIAS, Bevans, Statutes At Large • Westlaw (USTREATIES) • LexisNexis (USTRTY) • International Law Materials (ILM) (Selected Treaties) • USCA and USCS (a few important treaties) • Bevans: Treaties and Other International Agreement of the U.S. of America, 1776-1949 • Websites • UN Texts of Recently Deposited Multilateral Treaties • UN Treaty Collection (Law Library Subscription) • State Dept. Treaty in Force • Thomas (Treaties Section) • Hein online (Law Library Subscription) International & Foreign Law Search, Liu

  8. Indexes • State Dept. Treaty in Force (Annually) • Also in Print (Reference) • Hein on Line • Commercial indexes: • Kavass: Guide to the United States Treaties in Force (Hein on Line) • In print: Kavass, Current Treaty Index-United States Treaty Index Consolidation (KZ 235.U54 C.2) • UN Treaty Series Database • Westlaw and Lexis (Boolean Search) International & Foreign Law Search, Liu

  9. Verification and Updating State Dept. Treaty in Force State Dept. Treaty Actions UN Treaty Collection (Status Search, signatory, ratification, reservation etc.) International & Foreign Law Search, Liu

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