Public International Law Sources of Public Intl Law

Public International Law

Sources of Public Int’l Law: • Treaties and other international agreements • Custom • General principles of law • Judicial decisions and teachings of qualified publicists

Key Texts in International Law • Brownlie, Principles of Public International Law • Oppenheim, International Law • Shaw, International Law Remember you can do author/title searches in GAVEL

Max Planck Encyclopedia of Public International Law http: //www. mpepil. com/ with older editions in print in Law Library

Source: Treaties Resources: • Bluebook lists official and unofficial cites • depends on whether U. S. is a party and number of parties • use treaty indexes and databases to get citations • databases: TIARA, UN Treaties, Westlaw & Lexis • Web resources: Tufts, ENTRI, EISIL, Hein Online, etc.

http: //www. asil. org/resource/treaty 1. htm

http: //www. law. uga. edu/library/research/guides/treaties. html

Treaties in Force online at http: //www. state. gov/s/l/treaty/tif/index. htm or via Hein Online or LLMC Digital name date citations Check Bluebook for Rules re each element

http: //www. state. gov/s/l/treaty/index. htm important resources for recent & pending treaties

http: //www. state. gov/s/l/treaty/pending/

Hein Online Treaties and Agreements library

Treaties & International Agreements Online especially good for treaties where U. S. is party Convention on wetlands linked from Research Resources page currently not available offcampus

Treaties and Int’l Agreements Online

http: //treaties. un. org free

Use this to determine when adopted or concluded, who has signed and/or ratified and when, who has denounced, when it entered into force, any declarations or reservations, and more

Click book icon to jump to full text citation 189 UNTS 137

EISIL it!

EISIL seeks most authoritative and stable online source

The EISIL record provides useful info: citation, link to online sources, description, etc.

Hein Online: not just law reviews! Many international law resources, including treaties

Linked from Law Library’s Research Resources

Contains official pubs, unofficial pubs, indexes, related docs

Collection of bilateral and multilateral treaties from 1648 -1919

http: //fletcher. tufts. edu/multilaterals. html Categories reflect early emphasis on env’t but now includes more

http: //sedac. ciesin. columbia. edu/entri/index. jsp

Travaux Préparatoires • the preparatory work (or "legislative history") of a treaty • often used for the purpose of interpreting the treaty

sources for travaux préparatoires • Check GAVEL: keyword search the name of the treaty and (travaux or preparatory or congress or history or negotiations or negotiating history), etc. • Treaty documents collected by an international organization • international conference web sites • Yearbooks of international law

Globa. Lex has a good guide to finding travaux préparatoires

National Treaty Law and Practice series Title search in GAVEL Volumes for additional countries forthcoming

Frequently-cited Treaties and Other International Instruments http: //library. law. umn. edu/researchguides/most-cited. html but you have access through UGA

Source: Custom Resources: your objective is to find evidence of state practice • records of state’s foreign relations • domestic court decisions • domestic legislation • resolutions, declarations of int orgs

Where do I find these types of evidence? • documents on foreign or int’l relations • digests, e. g. Digest of United States Practice in International Law • repertories of practice • yearbooks • International Legal Materials • Web - State Department and corollaries in other countries

Digests of Int’l Law digest and international law

Sample search in GIL at Main Library foreign documents canada relations diploma? repertory (foreign and documents and canada) and (relations or diploma? or repertory)

Sources of State Practice in Int’l Law KZ 64. S 67 (basement)

references to: • treaty collections • sources of diplomatic documentation • other materials that shed light on customary state practice in international law, including yearbooks and digests • relevant web sites Currently covers 15 jurisdictions with plans to add more.

Oxford Reports on International Law

Avalon Project at Yale http: //avalon. law. yale. edu/default. asp "Documents in Law, History & Diplomacy" • digitized • doesn't provide citations • does provide hyperlinks to referenced docs

U. S. State Dept. Office of the Historian "Foreign Relations of the United States" database http: //history. state. gov/historicaldocuments • 30+ historians • declassifying documents • compiling documentary history of foreign relations in the U. S. • currently 480+ volumes and growing

Don’t forget: ILM is a good resource for many different kinds of docs, including treaties and domestic legislation & case law

Bluebooking International Agreements • Rule 21. 4 & the abbreviation tables • can be time-consuming • lots of details: name, parties, date, source • may need to look several places to get all of the information • pay attention to all citation elements