Furman Smith Law Library


International Law & Foreign Law

Research Guide


A. International Law

B. Foreign Law


A. International Law - the body of law governing relations among nations of the world. International Law has three components:

 

Public International Law: - body of law (rules, treaties, procedures) which governs sovereign states in their relations to each other.

 

Private International Law - body of law which concerns the choice of law to apply when a private transaction or dispute crosses international borders. Conflict of laws issues often involve whose law applies as well as how foreign judgments are enforced.

 

International Intergovernmental Organizations (IGO’s) and Non-Governmental Organizations (NGO’s) - body of law disseminated by international intergovernmental organizations, i.e., arbitral decisions, panel reports, and awards, etc.

            ∙           Specific IGO’s include the European Union, the United Nations, the World Trade Organization, and the Organization of American States.

            •           Specific NGO’s include Amnesty International and the World Conservation Union.





  Sources of International Law


 Article 38 of the Statute of International Court of Justice generally provides the following

 as sources of international law:

 

Treaties and Conventions - “contracts” between and among sovereign states. • Most powerful authority of international law. Signatures to a treaty indicate that the parties agree to the text as definitive and authentic but the nations are not bound by the terms of the treaty until they approve it through ratification, accession, or some other procedure. In the United States, treaties are drafted by the executive branch but require approval by two thirds of the Senate.

 

Jurisprudence - Judicial decisions are not considered binding precedents in subsequent disputes, but they are evidence of international practice and can aid in interpretations of treaties and customary law.

 

Practice and Custom - custom or a general practice in resolving disputes among nations becomes evidence of international law.

 

The general principle of law recognized by civilized nations - e.g., a general principle common to major legal systems would be the doctrine of the passage of time as a bar to a claim or the principle of due process in administering justice.

            

Writings of international law scholars (publicist teachings) - published commentaries by international law scholars on what international law is, and these writings have been given special recognition in defining international law.



 


Treaties where the U.S. is a party

Note: There is no single complete collection of all treaties, in print or online.

The United States is currently bound by over 10,000 treaties and other international agreements. (3/06)

 

 

When researching treaties, a researcher faces three issues:

1. Locating the full text of a treaty;

2. Determining the status of the treatry (is it in force); and

3. Locating current information on signatories, ratifications, and reservations

 

                

Indexes

 

1. Treaties in Force - print - JX236.A3 - published annually by the Department of State and is the official index to current United States treaties and agreements. Provides a list of all treaties that the U.S. has signed and that are currently in force since January of a particular year. Usually a one year time lag. Serves as an index to the full text of U.S. treaties in other treaty publications, including Bevans, UST, League of Nations, and United Nations Treaty Series. The first list in this publication is for bilateral agreements, and is organized by country and under each country, by subject. The second list is for multilateral agreements and is arranged by subject. The primary use of TIF is verification of the existence of a treaty.

 

Treaties in Force is also available on LEXIS (USTRTY;USTIF) and on the Department of State’s website at http://www.state.gov/s/l/treaty/treaties/2007/index.htm. But this electronic version is no more current than the print version - there is at least a one year time lag. However, the State Department’s website links to recent “Treaty Actions.” Also, there is a link to current treaties.

Treaties in Force is also available on HeinOnline (restricted to Mercer Law School community).

 

2. Guide to the United States Treaties in Force ed. by I. Kavass and A. Sprudzs - commercial publication issued annually. Provides subject and country indexes to both bilateral and multilateral treaties. Use this publication, if necessary, for a more comprehensive subject access than the official Treaties in Force.

 

3. Igor I. Kavass, ed., United States Treaty Index: 1776-2000 Consolidation (1991-2005. JX231.U58.) Indexes U.S. treaties and international agreements by subject, date and country. The Kavass consolidated index is updated semiannually by the Current Treaty Index in binder at end of set. Also available on HeinOnline (restricted to Mercer Law School community).

 


Sources

 

1. United States Statutes at Large - Mulberry Wing - Official. Provides the full text of treaties from 1789 - 1950. Also available on HeinOnline (restricted to Mercer Law School Community.)

 

2. Bevans’ Treaties and Other International Agreements of the United States of America (UST) (Charles Bevans) - 1776 - 1949 - print - JX236 1968 A5). This set contains four volumes of multilateral treaties (arranged chronologically), eight volumes of bilateral treaties (arranged alphabetically by country), and an index by country and subject (vol. 13) at end of set. Also available on HeinOnline (restricted to Mercer Law School Community.)

 

3. United States Treaties and Other International Agreements (GPO) - UST - 1950 - 1984 (35 volumes) JX231.A34. - Official compilation since 1950 for all treaties and executive agreements to which the U.S. is a party. UST volumes are published after a long delay, currently twenty years. Use TIAS pamphlets (Treaties and Other International Acts Series) to update this set after 1984. These TIAS pamphlets are the first form of publication for treaties and agreements. These slip treaties are consecutively numbered and issued in separately paginated pamphlets containing the treaty in English and in the language of the other parties. TIAS publication may still have a time lag of several years. Use Hein’s UST Current Service (1990 - date), Microfiche 1975, on microfiche for more up-to-date TIAS documents.NOTE: You may use Kavass United States Treaty Index JX231.U58 to access this set. Kavass may also be used to access the Bevans set above. Also available on HeinOnline (restricted to Mercer Law School Community.)

 

In addition, the State Department's "International Agreements Collection" (select International Agreements checkbox) contains all international agreements, from 1998 forward, that the Department intends to publish in TIAS within 180 days of their entry into force. This is in accordance with Section 7121 of P.L. 108-458. Nearly 1500 such agreements are now available.

Recent treaties sent to the Senate by the President may also be located by searching "Senate Treaty Documents" in the GPO's current congressional documents.

 

4. International Legal Materials - Mulberry Wing - published six times annually - one of the best places to look for the publication of recent treaties and international agreements, including drafts of treaty documents. Also available on Lexis in INTLAW;ILM and Westlaw in ILM.


On the Web

 

5. U.S. Treaties - U.S. Department of State - Links to Treaties in Force (no more current than the paper copy - about one year time lag - PDF format.) Site also links to recent Treaty Actions and Private Law International Treaties and status of negotiations. http://www.state.gov/s/l/treaty/treaties/2007/index.htm

 

6. Congressional Record Online - Available on Westlaw & Lexis (1985 -) and THOMAS, http://thomas.loc.gov or GPO ACCESS, http://www.access.gpo.gov The Congressional Record is an excellent source for finding out what activity, if any, the Senate has taken with respect to treaties signed but not yet ratified by the United States. Search by name of the convention to locate floor statements.

 

7. U.S. Treaties on LEXIS (INTLAW;USTRTY)


8. U.S. Treaties on WESTLAW (USTREATIES)

 

9. Useful Phone Numbers:

 

Treaty Affairs, U.S. Department of State (202) 647-1345

United Nations Treaty Office (212) 963-2523

Senate Committee of Foreign Relations (202) 224- 4651




Multilateral & Bilateral Treaties

Treaties among nations where the U.S. may NOT be a party


 

1. Consolidated Treaty Series (Parry) - print - JX120.P35; 1648-1919 - Parry, author, compiled treaties beginning with the Treaty of Westphlia in 1648 to approximately 1919. Good compilation for an individual effort; a few treaties are missing. Chronological list and party index at end of set. No subject index.

 

2. League of Nations Treaty Series -microfilm 154; 1920-1946 - member states officially deposited their treaties with the League of Nations after World War I until the creation of the United Nations. See below.

 

3. United Nations Treaties Series - microfiche 229; 1947 forward - member states officially deposit their treaties with the UN. Slow. Use the Multilateral Treaty Index , JX170.M75 to locate the documents on microfiche. Use United Nations Treaty Series website as first choice since the website is updated within two days of a treaty deposited with UN http://untreaty.un.org/English/access.asp. At the United Nations Treaty Series homepage, you will need to enter <treaties> as the User ID, and the number, 12345, as the password.

 

4. Multilateral Treaties Deposited with the Secretary-General - print - JX171.U372a - this annual UN publication gives the current status of all multilateral treaties deposited there. See United Nations Treaty Collection online at http://untreaty.un.org/English/access.asp to access the online version which is updated more frequently than the print. Enter <treaties> as the User ID, and the number, 12345, as the password.

 

5. In addition, the State Department's "International Agreements Collection" (select International Agreements checkbox) contains all international agreements, from 1998 forward, that the Department intends to publish in TIAS within 180 days of their entry into force. This is in accordance with Section 7121 of P.L. 108-458. Nearly 1500 such agreements are now available.

6. Recent treaties sent to the Senate by the President may also be located by searching "Senate Treaty Documents" in the GPO's current congressional documents.



On the Web

 

7. Council of Europe Treaties - Council created in 1949 with 7 members - current membership is 46 European states. (Although it has a close relationship with the European Union, it is not part of the EU. Do not confuse this with the EU institution called European Council.) 100 multilateral treaties, often called the “European treaties.” Full text. Fairly complete. http://conventions.coe.int

 

8. European Union Treaties - Good source for multilateral treaty research among members of the EU. Can also find legislation, case law, and official journals on this site. http://www.europa.eu.int

 

9. Yale Law School - The Avalon Project - Collection of pre-1800 multilateral treaties; coverage extends into the 21st century. http://www.yale.edu/lawweb/avalon/avalon.htm

 

10. UN Treaty Collection - This site contains the text of more than 30,000 treaties, and is searchable by subject, name, date, or parties. •Updated within two days of a treaty deposited with the UN Secretary-General.http://untreaty.un.org/English/access.asp - enter <treaties> as the User ID, and 12345 as the password.

 

11. Australasian Legal Information Institute. Australian Treaty Series. ” http://www.austlii.edu.au/au/other/dfat/

 

12. Fletcher School of Law and Diplomacy. Multilateral Project. Includes the texts of major multilateral treaties and conventions.

                         Http://www.fletcher.tufts.edu/multilaterals.html

  

13. United Kingdom. Foreign and Commonwealth Office. Select "Depositary" on the right side bar.” http://www.fco.gov.uk/

 

14. Hong Kong Treaty Database- http://www.hku.hk/ccpl/hktreaty/database.html.


                  15. Hague Conventions on Private International Law.

                         http://www.hcch.net/index_en.php?act=conventions.listing






 

Jurisprudence

 

1. International Court of Justice official website - ICJ -coverage begins in 1947. The ICJ is a civil tribunal that deals primarily with disputes between States. The ICJ is the principle judicial organ of the United Nations. ICJ website includes court orders and opinions. http://www.icj-cij.org/

Westlaw - INT-ICJ database - coverage of documents from the International Court of Justice begins in 1947.

Reports of Judgments, Advisory Opinions, & Orders - 1947 forward - print - JX64.H34 - Advisory opinions and orders of the International Court of Justice are printed chronologically and each issue volume contains indexes and a table of contents. Latest received: 2001.
Yearbook/International Court of Justice - print - JX1971.6.A25 - Walnut Wing - Survey of ICJ actions. Includes bibliography of the International Court of Justice.
 

2. International Criminal Court - ICC - The ICC was established by the Rome Statute of the International Criminal Court on July 17, 1998, when 120 States participating in the "United Nations Diplomatic Conference of Plenipotentiarieson the Establishment of an International Criminal Court" adopted the Statute. http://www.icc-cpi.int/home.html&l=en

 

3. International Tribunal for the Law of the Sea - ITLOS - Based in Hamburg, this court issued its first judgment in July, 1999. Http://www.itlos.org

 

4. European Court of Justice - Based in Luxembourg, this court resolves disputes between EU institutions and member states over the interpretation and application of EU treaties and legislation.http://europa.eu.int/cj/en/index.htm

 

5. European Court of Human Rights - http://www.echr.coe.int Sits in Strasbourg, while the Inter-American Court of Human Rights, http://www.corteidh.or.cr/index_ing.html sits in San Jose, Costa Rica.

 

6. World Trade Organization - WTO - contains the full text of adopted GATT reports and WTO panel decisions and reports. http://www.wto.org

 

7. U.S. Court of International Trade - CIT - U.S. courts may hear international issues, but a U.S. court with specialized jurisdiction is the CIT. Its decisions may be found in the Federal Supplement, Westlaw and Lexis, and in the U.S. Court of International Trade Reports. The court’s website provides slip opinions since 1999. http://www.cit.uscourts.gov

 

8. Yearbook of the International Law Commission - print - JX1977.A2 U38 - Walnut Wing - Survey of the International Law Commission.

 

9. Yearbook - United Nations Commission on International Trade Law - print - JX1977.A2U44 - Walnut Wing.

 

10. Hague Yearbook of International Law = Annuaire de la Haye de droit international - print - JX21.H33 - Walnut Wing - International law articles and a section on the activities of international law institutions at the Hague, such as the ICJ.

 

11. International Law in U.S.Courts - U.S. federal court decisions which deal with international law questions can be located using West’s Federal Practice Digest, Mulberry Wing, under the topics “International Law,” “Treaties” (settling questions as it applies to this country) and “Ambassadors and Consuls”

 

12. United States Code Service - Mulberry Wing. This set provides a volume entitled “International Agreements” which contains the texts of approximately 24 major treaties and conventions with case annotations. Another volume in this set entitled “Uncodified Laws and Treaties” does not contain the text of treaties but does provide case law interpreting U.S. treaties, including a section for treaties with Native American nations, multilateral treaties and bilateral treaties.

 

13. American Law Reports, Federal - Mulberry Wing - May find helpful articles on point, especially articles pertaining to the types of international questions federal courts can hear.

 




 

International Trade & Business

 

Hieros Gamos Doing Business Guides - Members of the Lex Mundi law firm network provides guides to doing business in more than countries. Guides discuss each jurisdiction’s government, rules for importing and exporting, insurance law, taxation, banking and trust companies, etc.

            http://www.hg.org/1table.html

 

Lex Mercatoria - Created in 1993 by the University of Tromso, Norway. Acquired in 2000 by Cameron May, a legal publisher of international trade materials. Comprehensive coverage of commercial law, intellectual property, maritime law, electronic commerce, financial regulation, and more. http://lexmercatoria.org

 

World Trade Organization - Principal international body for establishing the rules of trade between nations. Exhaustive information on trade topics. http://www.wto.org

 

World Factbook - Central Intelligence Agency publishes this resource on demographic and economic information about the countries of the world http://www.odci.gov/cia/publications/factbook

 

International Trade Administration - Includes Country Commercial Guides, prepared by the embassy staff of each country. http://www.export.gov/marketresearch.html


        U.S. Court of International Trade - http://www.cit.uscourts.gov









Writings of International Scholars

 (publicist teachings)


The Restatement, articles from law reviews and other legal periodicals may provide

 evidence of custom, general principles of law, and teachings of publicists.

 

1. Restatements of the Law (Third) - Foreign Law of the United States, KF4651.A86 (1987) Adopted and promulgated by the American Law Institute, Washington, D.C. 1987. Includes opinions and views of the ALI reporters as to the rules that an international tribunal should apply if charged with deciding a controversy under international law. These scholars attempt to clarify and state existing international and domestic foreign relations in four areas: (1) jurisdiction; (2) recognition; (3) international agreements; and (4) responsibility of states for injuries to aliens. Available on LEXIS in INTLAW;FORREL and on WESTLAW in REST-FOREL.

 

2. Index to Legal Periodicals - print(1888 -) or access on GALILEO (1980 - )

 

3. Index to Foreign Legal Periodicals - print, Room 218. Covers nearly 500 journals from more than 70 countries.

 

4. Current Law Index - LegalTrac, LRI on Westlaw or LAWREV;LGLIND on Lexis - 1980 forward.

 

5. American Journal of International Law - Published by the American Society of International Law http://www.asil.org , this is considered to be the most important journal of international law in the United States. Available in hardcopy and on LEXIS in INTLAW;AJIL.

 

6. International Legal Materials - Published 6 times annually. Contains current documents which relate to legal aspects of public and private international relations. Also available on LEXIS in INTLAW;ILM and on WESTLAW in ILM.

 

7. Other noteworthy journals include Harvard International Law Journal,

            Columbia Journal of Transnational Law, and the Texas International Law Journal.





B. Foreign Law - the domestic, internal laws of any country other than the U.S.

 

Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World - print - Reference K38.R49. Describes each country’s legal system and provides a listing of available publications for that country’s court decisions and legislation.

 

Martindale-Hubbell International Law Digest - Reference - Contains summaries of basic laws and procedures for more than sixty civil law countries.

Global Legal Information Network (GLIN) - www.glin.gov. The Global Legal Information Network (GLIN) is a public database of official texts of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations. These GLIN members contribute the full texts of their published documents to the database in their original languages. Each document is accompanied by a summary in English and, in many cases in additional languages, plus subject terms selected from the multilingual index to GLIN.

 

GlobalLex - http://www.nyulawglobal.org/globalex/ - GlobaLex is an electronic legal publication dedicated to international and foreign law research. Published by the Hauser Global Law School Program at NYU School of Law.

 

Law Library of Congress “Nations of the World” - provides links to sites by country, and includes constitutions, court decisions, legislation, government websites, and other resources. www.loc.gov/law/guide/nations.html

 

Constitutions of the Countries of the World - print - Third Floor Library K3157.A2B58. Internet sites which provide access to constitutions in English are http://confinder.richmond.edu and www.oefre.unibe.ch/law/icl

American Society of International Law - www.asil.org - Valuable site for international law information. Its link under www.asil.org/resource/home.htm provides over 2,000 Internet international law resources.

 

         Harvard Foreign and Comparative Law Research Guides -

            http://www.law.harvard.edu/library/services/research/guides

 

European Union - The European Union’s website, Europa http://europa.eu.int provides information and documents relating to the major institutions of the EU. Eur-Lex at http://europa.eu.int/eur-lex/ includes basic EU treaties. The University of California’s website provides a thorough set of links to EU Internet resources at

            http://www.lib.berkeley.edu/doemoff/gov_eu.html


         Foreign and International Law Web

            Washburn Law School

            http://www.washlaw.edu/forint/forintmain.html

 

         Cornell Law School - Foreign & International Sources

            http://www.law.cornell.edu/world/

 

British and Irish Legal Information Institute - The system contains around 7.5 gigabytes of legal materials and around 400,000 searchable documents with about 15 million internal hypertest links. Includes recent decisions from the U.K. House of Lords, the England and Wales High Court and Court of Appeal, the Scottish High Court, the Northern Ireland High Court and Court of Appeal, and the Irish High Court and Court of Appeal. Statues of the U.K., Ireland and Northern Ireland are also included.

            http://www.bailii.org



Miscellaneous


            United Nations - Links to UN’s specialized agencies, key projects and initiatives, etc.

            http://www.unsystem.org


            Northwestern University - Links to Supranational and Governmental Organizations.

            http://www.law.northwestern.edu/lawlibrary/research/foreign

 



ASIL Guide to Electronic Resources for International Law 2006 - includes citing to web documents and blogs on international law. http://www.asil.org/resource/ergintr1.htm.

 

 








Compiled by Denise M.Gibson,

Assistant Law Librarian for Research Services

5/02; Rev.7/02, 7/03; 3/06; 7/06