Switch to text version Researching Public International Law ARTHUR W DIAMOND LAW LIBRARY Researching Public International Law Written by Kent McKeever Table of contents Definitions of International law Institutions Involved in the process Identification of Authoritative Texts General Introductory Materials Recent research guides Treatie Publication of u s. treaties Private and electronic sources Treaty Index Treaty Citation Approaching Treaty Material Custom and State Practice Breadth and Context Historical General Principles of Law Case Law and Secondary materials International Courts The International Court of justice European Courts
[switch to text version] Researching Public International Law ARTHUR W. DIAMOND LAW LIBRARY Researching Public International Law Written by Kent McKeever Last Updated June 24, 2003 Table of Contents Background Definitions of International Law Institutions Involved in the Process Identification of Authoritative Texts How International Law Texts are Created General Introductory Materials Dictionaries Encyclopedias Key Treatises Recent Research Guides Treaties Publication of U.S. Treaties Private and Electronic Sources Treaty Indexing Treaty Citation Approaching Treaty Material Phone Numbers Custom and State Practice Breadth and Context Historical General Principles of Law Case Law and Secondary Materials Background International Courts The International Court of Justice European Courts
Other International Courts International Criminal Court Courts Generated by Particular Situation Secondary materials International Organizations United Nations World Trade Organization(ex-GATT European Union Council of Europe UR Comparative Law Basics Other Useful Websites Networ king This guide is designed to enable you to do research in international law. It will introduce you to the basic concepts, institutions, texts, and research tools and give you a framework to knit these together as needed to solve individual problems. Underlying the guide is the principle that in order to understand what you need to find, you have to understand the institutions which are in a position to"create"international law. The guide is not intended to teach substantive law, but the framework within which the law is disseminated BACKGROUND The background material provides a context for learning about the specific tools used in Definitions of international law
Other International Courts International Criminal Court Courts Generated by Particular Situation Secondary Materials International Organizations United Nations World Trade Organization (ex-GATT) European Union Council of Europe MERCOSUR Comparative Law Basics Other Useful Websites Networking This guide is designed to enable you to do research in international law. It will introduce you to the basic concepts, institutions, texts, and research tools and give you a framework to knit these together as needed to solve individual problems. Underlying the guide is the principle that in order to understand what you need to find, you have to understand the institutions which are in a position to "create" international law. The guide is not intended to teach substantive law, but the framework within which the law is disseminated. -------------------------------------------------------------------------------- BACKGROUND The background material provides a context for learning about the specific tools used in International Law research. Definitions of International Law
Public International Law is the law of the political system of nation-states. It is a distinct and self-contained system of law, independent of the national systems with which it interacts, and dealing with relations which they do not effectively govern Since there is no overall legislature or law-creating body in the international political system, the rules, principles, and processes of international law must be identified through a variety of sources and mechanisms. This can make international law appear difficult to pin down. Students and scholars in the United States often use the Restatement of the Law (Third), the Foreign Relations of the United States as a guide to identifying international law as applied in the US ALI Restatement 3 rd. Section 101. International Law Defined International law, as used in this Restatement, consists of rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or From the Oxford English Dictionary [International law, the law of nations, under which nations are regarded as individual members of a common polity, bound by a common rule of agreement or custom; opposed to municipal law the rules binding in local jurisdictions Institutions Involved in the process As international law developed in the 17 th and 18 th centuries, it was widely understood that it was a tool for relations between nation-states. Individuals had no role in the process which resolved disputes between states except as representatives of the states, such as diplomats or naval officers. The classic 'player'is the sovereign body of the nation in whatever form it takes for a given state. It can be the President, Prime Minister, King, or Queen, but it is now often the bureaucratic representation of the sovereign power, such as the State Department, the Foreign Ministry, the military, etc. Until the middle of the 20th Century, international law consisted primarily of custom. More recently, customary international law has been increasingly codified While that part of the governmental entity charged with foreign relations will have the lead role in developing international law for the country, in practice each subunit of a government has some ability to create what can be recognized as International Law. In the United States, for example the Executive Branch(acting through the State Department) may sign a treaty, but the President ratifies it with the "advice and consent "of the Senate, and the Congress as a whole may pass laws implementing it In addition, administrative agencies can make and enforce regulations non-treaty related international law as an exercise of their judicial powr y of the above and use implementing the treaty and the statutes, and the courts can interpret ar On the global scale, international organizations such as the United Nations and the European
Public International Law is the law of the political system of nation-states. It is a distinct and self-contained system of law, independent of the national systems with which it interacts, and dealing with relations which they do not effectively govern. Since there is no overall legislature or law-creating body in the international political system, the rules, principles, and processes of international law must be identified through a variety of sources and mechanisms. This can make international law appear difficult to pin down. Students and scholars in the United States often use the Restatement of the Law (Third), the Foreign Relations of the United States as a guide to identifying international law as applied in the US. ALI Restatement 3 rd , Section 101, International Law Defined "International law, as used in this Restatement, consists of rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical." From the Oxford English Dictionary : "[I]nternational law, the law of nations, under which nations are regarded as individual members of a common polity, bound by a common rule of agreement or custom; opposed to municipal law , the rules binding in local jurisdictions." Institutions Involved in the Process As international law developed in the 17 th and 18 th centuries, it was widely understood that it was a tool for relations between nation-states. Individuals had no role in the process which resolved disputes between states except as representatives of the states, such as diplomats or naval officers. The classic ‘player’ is the sovereign body of the nation in whatever form it takes for a given state. It can be the President, Prime Minister, King, or Queen, but it is now often the bureaucratic representation of the sovereign power, such as the State Department, the Foreign Ministry, the military, etc. Until the middle of the 20th Century, international law consisted primarily of custom. More recently, customary international law has been increasingly codified. While that part of the governmental entity charged with foreign relations will have the lead role in developing international law for the country, in practice each subunit of a government has some ability to create what can be recognized as International Law. In the United States, for example, the Executive Branch (acting through the State Department) may sign a treaty, but the President ratifies it with the "advice and consent" of the Senate, and the Congress as a whole may pass laws implementing it. In addition, administrative agencies can make and enforce regulations implementing the treaty and the statutes, and the courts can interpret any of the above and use non-treaty related international law as an exercise of their judicial power. On the global scale, international organizations such as the United Nations and the European
Union have become extremely important as forums for creating international law The most recent development in this area has been the recognition that there is a role, within the sphere of public international law, for individuals to pursue remedies against sovereign nations Identification of Authoritative Texts The Charter of the United Nations establishes the International Court of Justice (ICJ)as the principal judicial organ of the UN. The treaty which establishes the ICJ is informally known as the Statute. "Article 38 of this"Statute" furnishes an indirect answer to the question: What are the texts of international law? The article is written in terms of what sources the court will use in order to resolve a dispute. These sources include treaties, customary law, case law, academic writings, and general principles of law. Article 38 read 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply international conventions, whether general or particular, establishing rules expressly recognized by the contesting states, b international custom, as evidence of a general practice accepted as law c the general principles of law recognized by civilized nations; d subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto. a different presentation of these ideas can be found in the Restatement of the Law 3d: Foreign Relations Law of the United States, Articles 102(Sources of International Law) and 103 Evidence of International Law) s 102 Sources of International Law (1)A rule of international law is one that has been accepted h by the international community of states (a)in the form of( (b) by international agreement;or (c)by derivation from general principles common to the major legal systems of the world (2)Customary international law results from a general and consistent practice of states followed by them from a sense of legal obligation (3)International agreements create law for the states parties thereto and may lead to the creation of customary international law when such agreements are intended for adherence by states generally and are in fact widely accepted
Union have become extremely important as forums for creating international law. The most recent development in this area has been the recognition that there is a role, within the sphere of public international law, for individuals to pursue remedies against sovereign nations. Identification of Authoritative Texts The Charter of the United Nations establishes the International Court of Justice (ICJ) as the principal judicial organ of the UN. The treaty which establishes the ICJ is informally known as the " Statute ." Article 38 of this "Statute" furnishes an indirect answer to the question: What are the texts of international law? The article is written in terms of what sources the court will use in order to resolve a dispute. These sources include treaties, customary law, case law, academic writings, and general principles of law. Article 38 reads: "1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono , if the parties agree thereto." A different presentation of these ideas can be found in the Restatement of the Law 3d: Foreign Relations Law of the United States , Articles 102 (Sources of International Law) and 103 (Evidence of International Law). § 102 Sources of International Law (1) A rule of international law is one that has been accepted as such by the international community of states (a) in the form of customary law; (b) by international agreement; or (c) by derivation from general principles common to the major legal systems of the world. (2) Customary international law results from a general and consistent practice of states followed by them from a sense of legal obligation. (3) International agreements create law for the states parties thereto and may lead to the creation of customary international law when such agreements are intended for adherence by states generally and are in fact widely accepted
(4)General principles common to the major legal systems, even if not incorporated or reflected customary law or international agreement, may be invoked as supplementary rules of international law where appropriate S 103 Evidence of International Law (1)Whether a rule has become international law is determined by evidence appropriate to the particular source from which that rule is alleged to derive($ 102) (2)In determining whether a rule has become international law, substantial weight is accorded to (a)judgments and opinions of international judicial and arbitral tribunals; (b) judgments and opinions of national judicial tribunals; (c)the writings of scholars (d) pronouncements by states that undertake to state a rule of international law, when such pronouncements are not seriously challenged by other states Since the adoption of the ICJ statute in 1946, the post World War Il growth of a wide variety of Inter-Governmental Organizations(IGOs) has injected the work product of these IGOs into the mix as well How International Law Norms and Principles are Created The IC statute shows that International Law does not have an easily identifiable "law-giver Under these circumstances, how do we find out if something is a rule in international law? What is it we are looking for? The ways norms are identified as international law include agreements negotiated by the affected parties, deference to a third-party decision-maker, academic persuasion and consensus, and custom(state practice and the opinion that the practice is dictated It is important to remember that there are two allied meanings of the word"source". One sense is related to the origins of the relevant, substantive norms and principles. The other sense is grounded in identifying the actual texts involved in the process Agreements Negotiated by the Affected Parties Treaties Enactments by bodies established by treaties Resolutions of the United Nations General Assembly Directives of the European Union Commission Similar enactments by regional or subject-specific organizations Resolution of a dispute through mediation Deference to a Third Party Decision-Maker
(4) General principles common to the major legal systems, even if not incorporated or reflected in customary law or international agreement, may be invoked as supplementary rules of international law where appropriate. § 103 Evidence of International Law (1) Whether a rule has become international law is determined by evidence appropriate to the particular source from which that rule is alleged to derive (§ 102). (2) In determining whether a rule has become international law, substantial weight is accorded to (a) judgments and opinions of international judicial and arbitral tribunals; (b) judgments and opinions of national judicial tribunals; (c) the writings of scholars; (d) pronouncements by states that undertake to state a rule of international law, when such pronouncements are not seriously challenged by other states. Since the adoption of the ICJ statute in 1946, the post World War II growth of a wide variety of Inter-Governmental Organizations (IGOs) has injected the work product of these IGOs into the mix as well. How International Law Norms and Principles are Created The ICJ statute shows that International Law does not have an easily identifiable ‘law-giver". Under these circumstances, how do we find out if something is a rule in international law? What is it we are looking for? The ways norms are identified as international law include agreements negotiated by the affected parties , deference to a third-party decision-maker , academic persuasion and consensus , and custom (state practice and the opinion that the practice is dictated by a legal obligation). It is important to remember that there are two allied meanings of the word "source". One sense is related to the origins of the relevant, substantive norms and principles. The other sense is grounded in identifying the actual texts involved in the process. Agreements Negotiated by the Affected Parties Treaties Enactments by bodies established by treaties Resolutions of the United Nations General Assembly Directives of the European Union Commission Similar enactments by regional or subject-specific organizations Resolution of a dispute through mediation Deference to a Third Party Decision-Maker Case Law
International Courts of General and Limited Jurisdiction International tribunals National Courts, enforcing norms taken from international sources Arbitral Dec Often used for resolving problems related to commercial deals with state enterprises Academic Exposition, Synthesis, Persuasion, and Consensus Articles i Custom: Observation of What States Actually Do and Say Publications and information systems of the State Department and its foreign equivalents, IGOs National yearbooks International yearbooks Truth reconciliation Commission Reports The Restatement When you visualize the sources of law for US domestic law, it is relatively easy to think in terms of statutes, cases, administrative regulations and perhaps a few other stray texts in a given jurisdiction. It is not realistic to transfer that basic orderliness to international law, but the next few sections will provide a framework for thinking about the sources of international law in a similar and systematic way POSTSCRIPT There is a growing body of writing about the concept nternational law. This grants a certain authority to norms which are not legally binding in a traditional understanding of international law. A good introduction to this idea and an exploration of its use in certain fields can be found in a book called Commitment and Compliance edited by Dinah Shelton for the American Society of International Law. It can be found at JX4171 03 C67 2000 on the second f Back to the table of Contents
International Courts of General and Limited Jurisdiction International tribunals National Courts, enforcing norms taken from international sources Arbitral Decisions Often used for resolving problems related to commercial deals with state enterprises Academic Exposition, Synthesis, Persuasion, and Consensus Monographs Articles Custom: Observation of What States Actually Do and Say Publications and information systems of the State Department and its foreign equivalents, IGO’s, etc. National yearbooks International yearbooks Truth & Reconciliation Commission Reports The Restatement When you visualize the sources of law for US domestic law, it is relatively easy to think in terms of statutes, cases, administrative regulations and perhaps a few other stray texts in a given jurisdiction. It is not realistic to transfer that basic orderliness to international law, but the next few sections will provide a framework for thinking about the sources of international law in a similar and systematic way. POSTSCRIPT There is a growing body of writing about the concept of "soft law" in international law. This grants a certain authority to norms which are not legally binding in a traditional understanding of international law. A good introduction to this idea and an exploration of its use in certain fields can be found in a book called Commitment and Compliance edited by Dinah Shelton for the American Society of International Law. It can be found at JX4171 .O3 C67 2000 on the second floor. Back to the Table of Contents --------------------------------------------------------------------------------
GENERAL INTRODUCTORY MATERIALS In solving unfamiliar international law questions, it is often crucial to review some general sources to put the problem in perspective. The tools developed for this purpose are the same as any other subject area; treatises, encyclopedias, dictionaries, directories, etc. The development of the Internet means that there are now similar reference tools to be found on the web as well DIctionaries As in any field of knowledge, international law has a special vocabulary. while many of the terms will be found in general law dictionaries, such as Black's or Ballantine's, the dictionaries listed below focus on international law. Although it is older, Clive Parry's Encyclopaedic dictionary of international law(Dobbs Ferry, NY Oceana Publications, 1986, JX1226 P249, 2nd Floor)is the best of the basic dictionaries James Fox's Dictionary of international and comparative law(2nd ed. Dobbs Ferry, N.Y.: Oceana Publications, c1997, JX1226 F832 1997, 3rd Fl REFERENCE) is more up-to-date, but it is pretty Ernest Lindbergh's Modern dictionary of international legal terms: English, French, German Boston: Little, Brown, c1993. JX1226 L64 1993, 2nd Floor) is useful to find translations of legal terms from one language into the others A similar polyglot international law dictionary is Kokusai kankeiho jiten, published by Sanseido in Tokyo in 1995. It is found in the East Asian Reference Collection on the second floor at JX1226 K6271995 E cyclopedia The publication of the initial parts of the Encyclopedia of public international law in the 1980s was a godsend to researchers, teachers, and students of international law. It has still not reached a complete final version, but has become indispensable. It was issued throughout the 1980s in 12 slim hardbound volumes, each on a theme within international law, such as the law of the Sea, International Organizations, or Geographic Issues. Within each volume the subjects on the theme are arranged alphabetically In the early Nineties, an updated and merged version started being published, but it is still not complete, so both versions need to be consulted. Each article is written by an expert in that particular area of the law, and is accompanied by a basic bibliography of sources for the substance of the article. These bibliographies are the parts which have become most outdated, but they are very good starting points for basic research. In the Diamond Law Library the EPIL is found in the
GENERAL INTRODUCTORY MATERIALS In solving unfamiliar international law questions, it is often crucial to review some general sources to put the problem in perspective. The tools developed for this purpose are the same as any other subject area; treatises, encyclopedias, dictionaries, directories, etc. The development of the Internet means that there are now similar reference tools to be found on the web as well. Dictionaries As in any field of knowledge, international law has a special vocabulary. While many of the terms will be found in general law dictionaries, such as Black’s or Ballantine’s , the dictionaries listed below focus on international law. Although it is older, Clive Parry's Encyclopaedic dictionary of international law (Dobbs Ferry, NY: Oceana Publications, 1986, JX1226 P249, 2nd Floor) is the best of the basic dictionaries. James Fox's Dictionary of international and comparative law (2nd ed. Dobbs Ferry, N.Y.: Oceana Publications, c1997, JX1226 F832 1997, 3rd Fl REFERENCE) is more up-to-date, but it is pretty skimpy. Ernest Lindbergh's Modern dictionary of international legal terms : English, French, German . (Boston: Little, Brown, c1993. JX1226 L64 1993, 2nd Floor) is useful to find translations of legal terms from one language into the others. A similar polyglot international law dictionary is Kokusai kankeiho jiten , published by Sanseido in Tokyo in 1995. It is found in the East Asian Reference Collection on the second floor at JX1226 K627 1995 Encyclopedias The publication of the initial parts of the Encyclopedia of public international law in the 1980's was a godsend to researchers, teachers,and students of international law. It has still not reached a complete final version, but has become indispensable. It was issued throughout the 1980's in 12 slim hardbound volumes, each on a theme within international law, such as the Law of the Sea, International Organizations, or Geographic Issues. Within each volume the subjects on the theme are arranged alphabetically. In the early Nineties, an updated and merged version started being published, but it is still not complete, so both versions need to be consulted. Each article is written by an expert in that particular area of the law, and is accompanied by a basic bibliography of sources for the substance of the article. These bibliographies are the parts which have become most outdated, but they are very good starting points for basic research. In the Diamond Law Library the EPIL is found in the
3 rd floor Reference collection, at JX1226 En19a 1992 Other useful encyclopedic tools include Osmanczyk, Edmund, The encyclopedia of the United Nations and international relations, Taylor francis, 1990, (JX1977Os5 1990, 3rd FI REFERENCE) awson,Edward, and Mary Lou Bertucci, Encyclopedia of human rights, 2nd ed. Taylor Francis, c1996,(JX4263 P3 En19 1996, 3rd FI REFERENCE) Treatises he best single exposition of traditional public international law was James Brierly's The Law of ations: an introduction to the international law of peace.(Oxford University Press, 1963) While it is dated, it is short and well written. The Diamond Law Library's copies are at JX2000 B76L4 1963, on the second floor. The leading current works are Oppenheim's international law. 9th ed, edited by Robert Jennings and Arthur Watts(JX2000 Op5ln8 1992, 3rd FI Reserve), and lan Brownlies Principles of public international law, 5th ed (JX2000 B812P9 1998, 2nd Floor In terms of the American understanding of international law, the two leading works are both local Professor Henkins's International law: politics, values and functions: general course on public international law(JX2000 H389In8, 2nd Floor), is a good, broad review from 1989. It was prepared for presentation at the famous Hague Academy of International Law and was originally printed in 1989 Recueil des Cours, IV, pp 9-416JX1295 HI 1923c). Professor Schachter's International law in theory and practice (JX2000 SchllIn8l, 3rd FI Reserve)was also the general course at the Hague Academy and the original text is found in 1982 Recueil des Cours, Volume V Some of the more important standard works which cover the entire breadth of international law include Malanczuk, Peter, Akehurst's modern introduction to international law, 7th rev. ed, London Routledge, c1997, (JX2000 M289Ak32 1997, 2nd Floor) Von Glahn, Gerhard, Law among nations: an introduction to public international law, 7th ed Boston: Allyn and Bacon, c1996,(JX2000 V89L41 1996, 2nd Floor) Dupuy, Pierre-Marie, Droit international public, 4 th ed, Paris: Dalloz, 1998,(JX2000 D9195D8 1998, 2nd Floor) Seidl-Hohenveldern, Ignaz, Volkerrecht ,7th ed.. Koln: C. Heymann, c1992, (JX2000 Se42V8 1992, 2nd Floor), Boggiano. Antonio, Introduccion al derecho internacional relaciones exteriores de los ordenamientos juridicos, Buenos Aires: La Ley, c1995, (JX2000 B634In8 1995, 2nd Floor) There are many others. And as might be expected, there are treatises in all sorts of narrow areas within international law. International law casebooks. such as Henkin's International Law Cases Materials (JX68 1498 1993, #rd Floor Reserve) and Carter Trimble s International Law
3 rd floor Reference collection, at JX1226 En19a 1992. Other useful encyclopedic tools include: Osmanczyk, Edmund, The encyclopedia of the United Nations and international relations , Taylor & Francis, 1990, (JX1977 Os5 1990, 3rd Fl REFERENCE) Lawson, Edward , and Mary Lou Bertucci, Encyclopedia of human rights , 2nd ed., Taylor & Francis, c1996, (JX4263.P3 En19 1996, 3rd Fl REFERENCE) Treatises The best single exposition of traditional public international law was James Brierly’s The Law of Nations : an introduction to the international law of peace . (Oxford University Press, 1963). While it is dated, it is short and well written. The Diamond Law Library’s copies are at JX2000 B76L4 1963, on the second floor. The leading current works are Oppenheim's international law . 9th ed, edited by Robert Jennings and Arthur Watts (JX2000 Op5In8 1992, 3rd Fl Reserve), and Ian Brownlie's Principles of public international law , 5th ed, (JX2000 B812P9 1998, 2nd Floor). In terms of the American understanding of international law, the two leading works are both local: Professor Henkins's International law : politics, values and functions : general course on public international law (JX2000 H389In8, 2nd Floor), is a good, broad review from 1989. It was prepared for presentation at the famous Hague Academy of International Law and was originally printed in 1989 Recueil des Cours , IV, pp 9-416 (JX1295 .H1 1923c). Professor Schachter's International law in theory and practice (JX2000 Sch11In81, 3rd Fl Reserve) was also the general course at the Hague Academy and the original text is found in 1982 Recueil des Cours, Volume V. Some of the more important standard works which cover the entire breadth of international law include: Malanczuk, Peter, Akehurst's modern introduction to international law , 7th rev. ed., London: Routledge, c1997, (JX2000 M289Ak32 1997, 2nd Floor) Von Glahn, Gerhard, Law among nations : an introduction to public international law , 7th ed., Boston : Allyn and Bacon, c1996, (JX2000 V89L41 1996, 2nd Floor) Dupuy, Pierre-Marie, Droit international public , 4 th ed., Paris : Dalloz, 1998, (JX2000 D9195D8 1998, 2nd Floor) Seidl-Hohenveldern, Ignaz, Volkerrecht ,.7th ed.. Koln : C. Heymann, c1992, (JX2000 Se42V8 1992, 2nd Floor), Boggiano, Antonio, Introduccion al derecho internacional : relaciones exteriores de los ordenamientos juridicos. , Buenos Aires : La Ley, c1995, (JX2000 B634In8 1995, 2nd Floor) There are many others. And as might be expected, there are treatises in all sorts of narrow areas within international law. International law casebooks, such as Henkin's International Law: Cases & Materials (JX68 I498 1993, #rd Floor Reserve) and Carter & Trimble's International Law
(X60 In776 1999, 2nd Floor) can be a good place to start research. Many casebooks also have documentary supplements which are a useful source of texts, but neither casebooks nor their supplements should be cited. The official source needs to be cited in any final work product International Law is one of the particular strengths of the diamond law library here at columbia. The on-line catalog, Pegasus,(pegasus. law. columbia. edu) is a rich resource both to identify specific materials and to learn the nature of publication in general Recent Research Guides The standard work is Guide to international legal research, published by Lexis Publishing, 3rd edition, 1998, with 1999 Supplement (JX2000 G942G2 1998, 3rd Floor Reference). This was originally a special issue of the Journal of International Law and Economics in 1987. It is still very print oriented In the middle 90s, the American Association of Law Libraries held a series of symposia dedicated to researching international and comparative law. These resulted in five books which combine introductory texts in specific subject areas with research guides. They are all very useful, but unfortunately, they were produced just as the Internet was starting to appear as a reliable and widespread resource, so some of the information is already out-of-date. All of them are in the 3rd floor reference collection Danner. Richard A. and Marie-Louise bernal Introduction to foreign legal systems Dobbs Ferry, NY: Oceana Publications, 1994 Comp077n8351994 Raisch, Marylin, and Roberta Shaffer Introduction to transnational legal transactions New York: Oceana Publications. 1995 JX6650.J9In811995 Louis-Jacques, Lyonette, and Jeanne Korman Introduction to international organizations New York: Oceana Publications. c1996 Jx1963In8961996 Seer, Gitelle, and Maria Smolka-Day Introduction to international business law legal transactions in a global economy New York: Oceana Publications, c1996 X6271In93481996 Schaffer, Ellen G, and Randall Snyder Contemporary practice of public international law Dobbs Ferry, NY: Oceana Publications, 1997
(JX60 In776 1999, 2nd Floor) can be a good place to start research. Many casebooks also have documentary supplements which are a useful source of texts, but neither casebooks nor their supplements should be cited. The official source needs to be cited in any final work product. International Law is one of the particular strengths of the Diamond Law Library here at Columbia. The on-line catalog, Pegasus , (pegasus.law.columbia.edu) is a rich resource both to identify specific materials and to learn the nature of publication in general. Recent Research Guides The standard work is Guide to international legal research , published by Lexis Publishing, 3rd edition, 1998, with 1999 Supplement (JX2000 G942G2 1998, 3rd Floor Reference). This was originally a special issue of the Journal of International Law and Economics in 1987. It is still very print oriented. In the middle 90's, the American Association of Law Libraries held a series of symposia dedicated to researching international and comparative law. These resulted in five books which combine introductory texts in specific subject areas with research guides. They are all very useful, but unfortunately, they were produced just as the Internet was starting to appear as a reliable and widespread resource, so some of the information is already out-of-date. All of them are in the 3rd floor reference collection. Danner, Richard A., and Marie-Louise Bernal Introduction to foreign legal systems. Dobbs Ferry, NY: Oceana Publications, 1994. Comp 077 In835 1994 Raisch, Marylin, and Roberta Shaffer Introduction to transnational legal transactions. New York : Oceana Publications, 1995. JX6650.J9 In81 1995 Louis-Jacques, Lyonette, and Jeanne Korman Introduction to international organizations. New York : Oceana Publications, c1996. JX1963 In896 1996 Seer, Gitelle, and Maria Smolka-Day Introduction to international business law : legal transactions in a global economy. New York : Oceana Publications, c1996. JX6271 In9348 1996 Schaffer, Ellen G., and Randall Snyder Contemporary practice of public international law. Dobbs Ferry, NY : Oceana Publications, 1997
JX2000schl4C761997 There are some web based research guides which vary in quality. Some of the better sites include The American Society for International Law Electonic Guide University of Bologna's Research Guide to International Law on the Internet Brooklyn Law School's Introduction to International Law Research University of Chicago's Legal Research on International Law Issues Using the Internet The Harvard Law School Library's Annotated Guide The University of Utrecht's Conducting Research in Public International Lay Back to the table of contents TREATIES AND OTHER FORMS OF INTERNATIONAL AGREEMENTS Just as statutes are the main source of modern domestic law, treaties have become the key source of law in international law The first subsection of Article 38 of the IC Statute specifically mentions"international conventions"expressly creating the law in an area between or among the party states. Section 102 (3)of the Restatement reads in part"(3)International agreements create law for the states parties thereto The definition of "treaty "in the oed reads A contract between two or more states, relating to peace, truce, alliance, commerce, or other international relation; also, the document embodying such contract, in modern usage formally signed by plenipotentiaries appointed by the government of each state
JX2000 Sch14C76 1997 There are some web based research guides which vary in quality. Some of the better sites include: The American Society for International Law Electonic Guide University of Bologna's Research Guide to International Law on the Internet Brooklyn Law School's Introduction to International Law Research University of Chicago's Legal Research on International Law Issues Using the Internet The Harvard Law School Library's Annotated Guide The University of Utrecht's Conducting Research in Public International Law Back to the Table of Contents -------------------------------------------------------------------------------- TREATIES AND OTHER FORMS OF INTERNATIONAL AGREEMENTS Just as statutes are the main source of modern domestic law, treaties have become the key source of law in international law. The first subsection of Article 38 of the ICJ Statute specifically mentions "international conventions" expressly creating the law in an area between or among the party states. Section 102 (3) of the Restatement reads in part "(3) International agreements create law for the states parties thereto ....." The definition of "treaty" in the OED reads: "A contract between two or more states, relating to peace, truce, alliance, commerce, or other international relation; also, the document embodying such contract, in modern usage formally signed by plenipotentiaries appointed by the government of each state
