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Treaties2009

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How to find the texts of treaties for members of Oxford University

How to find the texts of treaties for members of Oxford University

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  • International law has 3 formal sources: treaties, international custom and general legal principles recognised by civilised nations. These sources constitute what the international law is. The procedure of the ICJ requires the court first to see if there is any treaty provision existing between the parties to a dispute – only if there is no treaty do they move down to custom.
  • Vienna Convention on the Law Of Treaties 1969 art 2(1)(a) Defines a treaty as “ an international agreement … in written form … whatever its particular designation.”
  • Treaty Event at the UN earlier this year- Portuguese Minister Signing – in fact this stage – though it sounds final- can often be just a preliminary in the process of ratification
  • Although my focus is on the texts, the best databases I will mention today will often answer at least some of these questions quickly and easily too!
  • Separate volumes of finding tools include Special Chronology Volumes index Colonial and Postal/Telegraph Treaties. They also provide useful supplementary notes on separate and secret articles and information on later amendment or modification. Party Index-Guides alphabetically group over 550 signatories under their modern geographic state names. Cross-references allow searches by historical, colonial, province names.
  • · A General Chronology · Special Chronologies of Colonial and Postal/Telegraph Treaties · An Index of Parties to Each Treaty General Chronology Volumes provide the following information for each entry: · The date and place the treaty was signed · The title of the treaty including the names of the parties · The volume and page number of each treaty · The source of each treaty
  • Most footnotes will give you citations looking like 12 LNTS 22 – which you can immediately put into a special finding aid in HeinOnline
  • If you do not have a citation, then The Search For a Treaty window offers a variety of search strategies. Remember, if you want an inter-war treaty to uncheck UNTS before submitting your search.
  • This site is free to all – no sign on required. However, to be sure of getting to the TEXT of a LNTs treaty you need to do the following steps.
  • 2 Clicks while talking
  • I click while talking
  • Navigation options across the top – page by page and jump to
  • For details about parties, declarations, reservations of treaties made between the 2 World Wars then do these steps….
  • Cruel irony is that the 1918 peace treaty (Treaty of Versailles) was a major factor behind WW2 Cartoon done in 1920 – child crying with the “peace treaty” on the floor
  • I click while talking
  • Advanced Search Screen – first click – Change Search Object to Treaty Second click Select Attributes
  • Duty of transparency to its citizens or because appointed as an Official Depository
  • Not the easiest to find – I click About Us - Another click Our publications – down the left panel hint of usefulness!
  • Now you get obvious links to useful material
  • Just an example
  • If you are looking for Treaty texts on the world wide web, then I would recommend
  • Since September 2004 – still growing Home page – most obviously offers browsing through the 13 top categories – each already subdivided – in some cases the “basic sources” will take you to treaties. Find box – just a bit too basic Advanced Search is much less frustrating
  • Advanced Search Advanced search Advanced search Advanced search – various dropdowns Type allows only/don’t then any type / primary document / website or research resource Find in allows entry of citation
  • More info alternative titles – date in force – description – citation – related websites etc
  • See also other topical chapters for subject specific treaties
  • I would think this would be useful background reading before tackling the HeinOnline Treaties and Agreement Library which as you will recall is USA based
  • First say – will have links through to texts of treaties then click – articles on aspects of treaty law
  • Transcript

    • 1. Treaties Elizabeth Wells Foreign and International LL October 2009
    • 2.
      • Pact Charter
      • Final Act Convention
      • Constitution(of IO) Agreement
      • Protocol Covenant
      • Accord Exchange of Notes
      • Treaty
    • 3. This session: Sourcing Texts
      • Are some better than others?
      • How to do you find the “best”?
      • Library Holdings
      • Major online sources
      • Reliable alternatives
    • 4.  
    • 5. Some Key Concepts
      • Treaty research is often not only a matter of finding an authoritative text
      • Parties
      • Status / In force
      • Ratification
      • Reservations
    • 6. Treaty Texts
      • Sources of the first rank (OSCOLA)
      • Consolidated Treaty Series (CTS)
      • League of Nations Treaty Series (LNTS)
      • United Nations Treaty Series (UNTS)
      • Official treaty series of a State party eg UKTS
      • For post-1960 treaties not yet in one of above
      • International legal materials (ILM)
    • 7. CTS
      • Consolidated Treaty Series
      • Bilateral & Multilateral treaties
      • Coverage 1648-1918
      • Facsimile reproductions of original text
      • Translations
      • Although an unofficial publication, this is the most complete historical collection
      • Shelved at Internat 5
      • Not available online
    • 8. CTS Index-Guides Internat 5* BLACK LABEL Party Index – Names are Modern Cross-refs for Historic/Colonial SCARLET GREEN LABELs Chronological Lists Include Archival Source Used for each Treaty No Subject Index
    • 9. Subject Searching
      • An Index to British Treaties 1100-1968 by Parry & Hopkins
      • Internat 018 P264a (3 vols)
      • Especially good for pre-19 th century
      • V.1 subject index
      • Entries are presented chronologically
    • 10. Alternatives if UK C19th
      • British State Papers 1812-
      • Internat 90
      • Treaty Series of Command Papers began in 1892
      • Electronic – try HCPP (House of Commons Parliamentary Papers)
    • 11.  
    • 12. LNTS
      • League of Nations Treaty Series
      • Bilateral & Multilateral
      • Coverage 1920-1946
      • Shelf mark is Internat 10 LN – shelved from the back of Gallery wing
    • 13. French & English (also in Index Volumes)
    • 14. LNTS online
      • HeinOnline – UN Law Collection (if you are off campus sign into OXLIP+ with your OSS first)
      • Freely available via UN database but the site is a bit “quirky”!
    • 15. HeinOnline till Dec 2010 Ignore Treaties and Agreements Library (USA) For LNTS (& UNTS) click United Nations Law Collection
    • 16.  
    • 17. If you have LNTS Registration # Click Search For Treaty Remember to Deselect UNTS check box
    • 18. Click Print/Download To see text Other results – details of Ratifications, Accessions of States Hein’s Scholar Check –through to journal articles on the topic
    • 19. http://treaties.un.org 1) Click on UN Treaty Series link
    • 20. 2)Click link to Legacy Database ( Ignore the LNTS database link)
    • 21. 3 ) Ignore Basic Search & Click through to Advanced Search screen
    • 22. ALWAYS Ensure Organization is LN (middle of advanced search screen)
    • 23. Advanced Search Screen Options
      • When searching for LNTS text
      • Keywords – top of search screen
      • or
      • Registration number – scroll down to the foot of the search screen
      • Still no citation search possible
    • 24. 1) Add keywords 2) Select correct “Match …” Check = LN Scroll down to click Search
    • 25. Search Results Results can be sorted by subject, date of signature/adoption or main title by using drop down menu. Click link
    • 26. Treaty View Text Link LNTS Vol. #
    • 27. Download full text as TIF
    • 28. Search by LNTS Reg.# Foot of Advanced Search Ensure Organization is LN Ignore fact search box is called UN Treaty Reg #
    • 29. Want to do another LNTS search? Use Reset Form to clear & start again
    • 30. Summary: to find LNTS e-text
      • http://treaties.un.org
      • Enter UNTS database
      • “ Click here to search the UNTS legacy database”
      • Click Advanced Search
      • MAKE SURE Organization is LN
      • Use Keywords or Registration #
      • Cannot search by citation
    • 31. http://treaties.un.org Home Screen - Click on UN Treaty Series link
    • 32. Click on LNTS Database Link
    • 33. QUIRKS October 09 Stay BASIC SEARCH Use only 1 title keyword Always click Search [do not just Return] Happiest with IE Not able to search by citation eg 15 LNTS 211
    • 34. Background Details eg Full Parties, Dates, Entry into Force, Ratifications, Details of Reservations etc
    • 35. More details via Scrolling or Footnote links
    • 36. End Notes Exact wording Of Reservations And Declarations
    • 37.  
    • 38. UNTS
      • United Nations Treaty Series
      • Art 102 UN Charter “Every treaty & international agreement entered into by any Member … shall a.s.a.p be registered with the Secretariat & published by it.”
      • Shelved at Internat 10 UN
    • 39. UNTS > 2,000 vv & growing
    • 40. http://treaties.un.org Home Screen - Click on UN Treaty Series link Quirks Use IE Always hit Search [not return] Use Clear
    • 41.  
    • 42. Clicking Registration # Link opens window EIF? Entry in Force
    • 43. Scroll down In window To find pdf for text Also EIF (entry into force) UNTS volume # Participants, their actions With dates
    • 44. Searching via UN Registration #
    • 45. Range Can be just one UNTS Reg. # in both (Autocompletes) THEN YOU MUST CLICK ADD
    • 46. Once you have clicked ADD The Search Criteria Box is filled in NOW Click Search
    • 47. Title Search Avoid connectors eg and Remember to change Additional Attributes
    • 48. Hyperlinks will sort results Drill down via link under Registration # to get to text
    • 49. Quick Route to most recent treaty
    • 50. Until Dec 2009 HeinOnline
    • 51. Very recent? Try ILM
      • International Legal Materials
      • Internat 300 I240
      • Lexis (via Sources)
      • Westlaw Int – selected 1980 v.19 on
      • HeinOnline in Law JJ Library & Treaties & Agreements Library but only 1962-2008 (we’ll still subscribe to these after Dec 09!)
    • 52. Source Tab – either Find a Source – or Filter by International & Pick I
    • 53.  
    • 54. Reliable Alternatives
      • Freely Accessible databases maintained by
      • Governments
      • International Organizations
      • As own library &/or as
      • Official Depository
    • 55. UK FCO website
      • Multilateral treaties deposited with the UK (full text and status)
      • Treaty Command Papers from 1997 (by subject and by date)
      • Explanatory Memoranda from 1997
      • Information on UK practice and procedure
      • Glossary of treaty terms
    • 56. www.fco.gov.uk
    • 57.  
    • 58. http://conventions.coe.int/ ETS European Treaty Series #1(1949)- #193( 2003) became CETS Council of Europe Treaty Series (#194 2004 - )
    • 59. www.HccH.net Hague Conference on Private International Law
    • 60. Rather EISIL than Google
      • Mediated Gateway (ASIL)
      • fewer hits
      • always links to authoritative full text
      • specialised search facilities
      • Added content - status, citations to printed sources
    • 61. www.eisil.org from American Society of International Law
    • 62. Acronym?
    • 63. If it’s just a text you need Click Title Click on More Information & discover
    • 64. Links to reliable texts
    • 65. Research Guides (USA slant)
      • ASIL – ERG Electronic Resources for International Law – Treaties revised & updated March 2009
      • Globalex – several aspects of treaties covered (NY University School of Law)
    • 66. www.asil.org/treaty1.cfm
    • 67. www.nyulawglobal.org/globalex/index.html#
    • 68.  
    • 69. Treaty Law
      • Internat 670 theory & practice
      • McNair Law of Treaties (1961) Internat 670 M169.4b2
      • Aust’s
      • Modern Treaty Law & Practice (2007) Internat 670 A932a2
    • 70.  

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