international & foreign law search, liu 1 introduction to international, foreign &...

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

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)

International & Foreign Law Search, Liu

3

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.).

International & Foreign Law Search, Liu

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

International & Foreign Law Search, Liu

5

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

International & Foreign Law Search, Liu

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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)

International & Foreign Law Search, Liu

8

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)

International & Foreign Law Search, Liu

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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.)