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Public International Law. Sources of Public Int’l Law:. Treaties and other international agreements Custom General principles of law Judicial decisions and teachings of qualified publicists. Key Texts in International Law. Brownlie, Principles of Public International Law

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slide2

Sources of Public Int’l Law:

  • Treaties and other international agreements
  • Custom
  • General principles of law
  • Judicial decisions and teachings of qualified publicists
slide3

Key Texts in International Law

  • Brownlie, Principles of Public International Law
  • Oppenheim, International Law
  • Shaw, International Law

Remember you can do author/title searches in GAVEL

slide4

Max Planck Encyclopedia of Public International Law

http://www.mpepil.com/with older editions in print in Law Library

slide5

Source: Treaties

  • Resources:
  • Bluebook lists official and unofficial cites
  • depends on whether U.S. is a party and number of parties
  • use treaty indexes and databases to get citations
  • databases: TIARA, UN Treaties, Westlaw & Lexis
  • Web resources: Tufts, ENTRI, EISIL, Hein Online, etc.
slide8

Treaties in Force

online at http://www.state.gov/s/l/treaty/tif/index.htm

or via Hein Onlineor LLMC Digital

name

date

citations

Check

Bluebook for

Rules re each

element

slide9

http://www.state.gov/s/l/treaty/index.htm

important resources for recent & pending treaties

slide13

Treaties & International Agreements Online

especially good for treaties where U.S. is party

Convention on wetlands

linked from Research Resources page

currently not available off-campus

slide18

Use this to determine when adopted or concluded, who has signed and/or ratified and when, who has denounced, when it entered into force, any declarations or reservations, and more

slide26

The EISIL record provides useful info:

citation, link to online sources, description, etc.

hein online not just law reviews
Hein Online: not just law reviews!

Many international law resources, including treaties

slide31

http://fletcher.tufts.edu/multilaterals.html

Categories reflect early emphasis on env’t but now includes more

slide33

Travaux Préparatoires

  • the preparatory work (or "legislative history") of a treaty
  • often used for the purpose of interpreting the treaty
slide34

sources for travauxpréparatoires

  • Check GAVEL: keyword search the name of the treaty and (travauxor preparatory orcongress or history or negotiations or negotiating history), etc.
  • Treaty documents collected by an international organization
  • international conference web sites
  • Yearbooks of international law
slide38

National Treaty Law and Practice series

Title search in GAVEL

Volumes for additional countries forthcoming

slide39

Frequently-cited Treaties and Other International Instruments

http://library.law.umn.edu/researchguides/most-cited.html

but you have access through UGA

slide40

Source: Custom

  • Resources: your objective is to find evidence of state practice
  • records of state’s foreign relations
  • domestic court decisions
  • domestic legislation
  • resolutions, declarations of int orgs
slide41

Where do I find these types of evidence?

  • documents on foreign or int’l relations
  • digests, e.g. Digest of United States Practice in International Law
  • repertories of practice
  • yearbooks
  • International Legal Materials
  • Web - State Department and corollaries in other countries
slide42

Digests of Int’l Law

digest and international law

slide45

Sample search in GIL at Main Library

foreign documents canada

relations diploma? repertory

(foreign and documents and canada) and (relations or diploma? or repertory)

slide48

references to:

  • treaty collections
  • sources of diplomatic documentation
  • other materials that shed light on customary state practice in international law, including yearbooks and digests
  • relevant web sites
  • Currently covers 15 jurisdictions with plans to add more.
slide52

Avalon Project at Yale

http://avalon.law.yale.edu/default.asp

  • "Documents in Law, History & Diplomacy"
    • digitized
    • doesn't provide citations
    • does provide hyperlinks to referenced docs
slide55

U.S. State Dept. Office of the Historian

"Foreign Relations of the United States" database

http://history.state.gov/historicaldocuments

  • 30+ historians
  • declassifying documents
  • compiling documentary history of foreign relations in the U.S.
  • currently 480+ volumes and growing
slide57

Don’t forget: ILM is a good resource for many different kinds of docs, including treaties and domestic legislation & case law

bluebooking international agreements
Bluebooking International Agreements
  • Rule 21.4 & the abbreviation tables
  • can be time-consuming
  • lots of details: name, parties, date, source
  • may need to look several places to get all of the information
  • pay attention to all citation elements