RESEARCHING REFUGEE AND ASYLUM LAW

Margaret Clark, Reference LibrarianFSU College of Law LibraryFebruary 2006

Refugee & Asylum Law Research

Choosing a topic Cutting-edge resources Where to start research Secondary sources Primary sources

Choosing a Topic Legal and major newspapers News Aggregators Press releases or news from IGO and

NGO web sites Loose-leaf services (online)

BNA’s U.S. Law Week M-B Immigration Bulletin

Choosing a Topic - Newspapers

Westlaw ALLNEWS; PAPERSMJ IMMNEWS; IMMIGRBRIEF

Choosing a Topic – News Aggregators

Google News Yahoo News

www.worldrefugee.com

Loose-leaf publications online BNA’s U.S. Law Week

Loose-leaf publications online M-B Immigration Bulletin

KF4802 .B46

Cutting Edge Sources Alerting services Scholarly papers Interpreter Releases

Cutting Edge Sources Alerting Services

CISNEWS Center for Immigration Studies

Scholarly papers Interpreter Releases

Cutting Edge Sources Alerting Services

CISNEWS Center for Immigration Studies

Migration News UC Davis Scholarly papers Interpreter Releases

Cutting Edge Sources Alerting Services Scholarly papers

CIAO database Google Scholar

Interpreter Releases

Cutting Edge Sources Alerting Services Scholarly papers Interpreter Releases

Weekly publication Summarizes fed & adm decisions “Hot Topics” Establish WestClip account Also in print KF 4802 .I68

Refugee and Asylum law

Research is challenging!

Field is multidisciplinary Research is found primarily in

gray literature Need for current information

Where to start?

Use research guides that organize the primary and secondary sources

By Elisa Mason Guide to Forced Migration Resources on the Web Guide to International Refugee Law on the Web

By others Research Guide to Aliens and the Law Asylum Case Research Guide

Books and treatises Journal articles Gray literature News sources Statistics Country Reports

Secondary Sources

Important Treatises Overview

AILA’s Asylum Primer, 3rd ed. Immigration Law and Procedure in a

Nutshell Loose-leafs

Immigration Law and Procedure, by Matthew Bender

Immigration Law Service, by West

Tools for locating books

Library Catalog WorldCat IndexMaster netLibrary Digital Libraries

Accessing Aleph

45 hits

WorldCat

What is WorldCat?Online catalog of books, periodicals, and electronic materials in libraries worldwide.

Most comprehensive resource for bibliographic information – offers 52 million bibliographic records. spans 4000 years of knowledge represents 400 languages

WorldCat identifies materials…

…owned by other libraries.

…you may want to obtain through Interlibrary Loan.

Access WorldCat by visiting FSU Libraries @ www.lib.fsu.edu

Digital Libraries UNHCR Library (17,000 records) Refugee Studies Centre Library

(36,000 records)

Westlaw Lexis Index to Foreign Legal Periodicals Index to Legal Periodicals (ILP)

Locate articles 1980-to-date

ILP Retrospective Hein Online JSTOR

Locate articles pre-1980

FSU E-Resources by Subject International Studies Political Science

PAIS International Social Science Citation Index Wilson OmniFile

Locate articles in the Social Science with these tools:

What is Gray Literature? Academic papers Conference proceedings and papers Corporate documents Government documents Policy briefs Technical reports Theses and dissertations Working papers

Locate gray literature with these tools: CIAO Columbia International Affairs

Online Forced Migration Online U.N. High Commissioner for

Refugees site

Country Reports Many organizations publish reports on

country conditions.

In order to apply for asylum, persons must demonstrate a well-founded fear of persecution. Find reports on country conditions to verify a claim using objective background information.

Handout: Country Reports and Conditions

Tools for locating statistics

Statistical Universe - LexisNexis Academic United States Committee for Refugees Handout: Statistical Sources

Primary sources

Treaties and conventions National legislation Case law Declarations,

recommendations, resolutions

Treaties and Conventions

Two Elements to Treaty Research

1. Finding Text• authoritative?• most recent?

2. Determining Status• who has signed and ratified treaty?• entered into force?• changed by subsequent protocols or

amendments?

Treaties and Conventions

Finding Text General Online Collections

• UN Treaty Collection • Status of Multilateral Treaties

Deposited with the Secretary-General

Treaties and Conventions

Finding Text Refugee Treaties –

• EISIL• U Minn Human Rights Library

Recent Treaties• International Legal materials ILM

• Lexis INTLAW lib; ILM file• Westlaw ILM database

Search Westlaw or LexisNexis REFLEG - UNHCR Foreign Law Guide

Aleph online (Login: IP Authentication)

Aleph print -- K38 .R49 1989 United States Immigration legislation

National legislation

Locating case law

Judicial and Administrative Decisions handout

World LII’s International Courts & Tribunals Project

Refugee Caselaw U. of Michigan Gender Asylum Case Law UC Hastings

Locating resolutionsBoth GA and SC Resolutions Official Document System of the United Nations UNBISNET Access UN

GA Resolutions: NOT legally binding General Assembly Resolutions U.N. Documentation: GA Research Guide

SC Resolutions: Binding on members Security Council Resolutions

Final Words Develop a research strategy and keep a

journal of what you’ve searched and where. Lots on the Web but NOT EVERYTHING. Give yourself plenty of time. ILL process may take a week or more Review published research guides or

review Pathfinder.

ASK for help!