Introduction to International, Foreign

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

2
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.).

4
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

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Finding treaties to which U.S. is a party
Statutes At Large
U.S.T. (KZ235.3.U55) official
20 yr
1945
1950
1778
9 yr
Present
T.I.A.S. (KZ235.32 .U54)
Bevans (with an index)(KZ236 1776b )
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
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Finding treaties to which U.S. is a party
Heins UST Current Services (1990-date)
microfiche Consolidated Treaties Intl
Agreements (1990-date) print Heinonline Treaty
Library ILM (1962-date) in print
Statutes At Large
U.S.T. (KZ235.3.U55) official
20 yr
1945
1950
1778
9 yr
Present
T.I.A.S. (KZ235.32 .U54)
Bevans (with an index)(KZ236 1776b )
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
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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.)