international & foreign law search, liu 1 introduction to international, foreign &...
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International & Foreign Law Search, Liu
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
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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)
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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.).
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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
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Finding treaties to which U.S. is a party
1950
Statutes At LargeU.S.T. (KZ235.3.U55) official
1945
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
1778
Bevans (with an index)(KZ236 1776b )
20 yr
9 yr Presen
t
International & Foreign Law Search, Liu
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Finding treaties to which U.S. is a party
1950
Statutes At LargeU.S.T. (KZ235.3.U55) official
1945
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
1778
Bevans (with an index)(KZ236 1776b )
20 yr
9 yr
Hein’s UST Current Services (1990-date) microfiche
Consolidated Treaties & Int’l Agreements (1990-date) print
Heinonline Treaty Library
ILM (1962-date) in print
Presen
t
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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)
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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)
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Verification and Updating
State Dept. Treaty in Force
State Dept. Treaty Actions
UN Treaty Collection (Status Search, signatory, ratification, reservation etc.)