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Research pil 20140124

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  • No central international body that creates PIL
    Creators of public law: representatives of nation states and Inter-Governmental Organisations (IGOs) (e.g. United Nations, European Union)
  • The articles in the EPIL are written by experts in the areas of law covered and are accompanied by bibliographies on the topic of the article. These bibliographies are outdated in part but can provide an excellent springboard for basic research.
  • Treaties may be bilateral (between two countries), or multilateral (between three or more countries). The treaty text may provide for the manner by which it takes effect. Generally, treaties will enter into force when it has been signed and ratified by a certain number of parties. Parties to a treaty may ratify a treaty with reservations or other declarations unless the terms of the treaty place restrictions on those actions. A reservation is a country's attempt to modify certain terms of the treaty, as it applies between itself and other countries. The Vienna Convention on the Law of Treaties is the UN agreement that governs the law relating to treaties and it can be used as a guide on how treaties and other fundamental concepts are made.
  • “preparatory works” - loosely referring to all documents such as memoranda , minutes of conferences, and drafts of treaties under negotiations for the purposes of interpreting the treaty. “
    Normally restricted to materials in writing.
    Should be accessible and known to all parties in order to be considered as part of the prepartory works.
    When do we refer to it. Usually for interpretative reasons when there is some disagreememnt regarding the meaning of the agreement.
    Looking for insight in to the common intentions and agreed definitions of the negotiators.

Transcript

  • 1. Researching Public International Law Charlotte Gill Research Librarian, Law Jan 2014
  • 2. Overview         Introduction Books and Journal Articles Key concepts Research Guides Key documents Researching Treaties Travaux Préparatoires Case Law
  • 3. No single source
  • 4. Books and Journal Articles The Library offers access to a selection of books and journals on international law. Search for journal articles using the following databases.  PYXIS +  Westlaw International  Lexis  HeinOnline
  • 5. SILS
  • 6. Singapore and International Law
  • 7. Key concepts Max Planck Encyclopedia of Public International Law (MP A useful resource for introductions to essential concepts and recent developments in public international law.
  • 8. Research Guides  Electronic Resources for International Law The American Society for International Law  An Introduction to Public International Law Research By Vicenç Feliú (May/June 2010) NYU Globalex  Hoffman, M. & Rumsey, M. International and Foreign Legal Research: a Courseboo (Leiden : Martinus Nijhoff Publishers, 2008.)
  • 9. Research Guides on Specific Topics  European Union Provides an overview of the instruments, documents, and other resources for researching the European Union, a legal system based on a "supranational" legal framework.  International Human Rights The focus of this chapter is on the main organizations which promulgate human rights instruments: the United Nations, the Council of Europe, the International Labour Organization, the Organization of American States, and many others. The chapter points to Web sites for locating primary documents, including international instruments, case law, and other relevant information. It also provides links and tips for locating secondary sources, such as country reports, NGO documentation, and periodical literature.
  • 10. Globalex
  • 11. Globalex- International Law
  • 12. Key documents    Charter of the United Nations (1945) Statute of the International Court of Justice (1945) Universal Declaration of Human Rights (1948) A useful resource for locating citations to many important treaties and agreements is Frequently-Cited Treaties and Other International Agree
  • 13. Researching Treaties An Introduction to Sources for Treaty Research By Mark Engsberg and Mary Beth Chappell (2011) Available on Globalex Table of Contents A. Introduction B. Treaties and International Agreements C. A Brief Treaty Lexicon D. Locating Treaty Texts E. Multilateral Treaties F. Bilateral Treaties: US not a Party G. Electronic Sources for Treaty Research 1. Free Internet Resources 2. Subscription Databases
  • 14. Researching Treaties Some important questions to ask before starting your research:  Is it a bilateral or multilateral treaty?  Who are the parties to the treaty?  Is the treaty in force?  Has the treaty been signed, ratified, repudiated, or modified?  Are there reservations to the treaty?  Is there an international organization that oversees or administers international law in the subject area of the treaty? (Introduction to Public International Law Research By Vicenç Feliú , 2010 http://www.nyulawglobal.org/Globalex/Public_International_Law_Research1.htm#_Researching_Treaties )
  • 15. Singapore Treaties and Agreements “The Singapore Treaties Database, maintained by the Attorney-General´s Chambers, contains records of treaties to which Singapore is a party, including exchanges of letters, memoranda of understanding, and other agreements regarded as treaties under international law. Key treaties are available in full-text format.” This database is accessible via LawNet
  • 16. Multilateral Treaties  UN Treaty Collection
  • 17. NUS–Centre for International Law (CIL) For ASEAN Treaties
  • 18. Researching Treaties Additional sources  Council for Europe, Treaty Office  ECOLEX Web-site on the environmental law information and legislation. www.ecolex.org  Environmental treaties and Resource Indicators - online service for accessing multilateral environmental treaty data.  FAO Conventions and Agreements –  Geneva Conventions  Hague Conventions  International Criminal Court  International Labour Organization  International Maritime Organization  International Monetary Fund  UNESCO  United Nations Environment Programme  World Health Organization  World Intellectual Property Organization  World Trade Organization  Food and Agriculture Organization of the United Nations  List of Inter-Governmental Organisations (IGOs)
  • 19. Travaux Préparatoires  Pratter’s guide provides a very useful framework for researching Travaux Préparatoires. À la Recherche des Travaux Préparatoires: An Approach to Researching the Drafting History of International Agreements By Jonathan Pratter (May/June 2012) .
  • 20. Case Law International Court of Justice (ICJ)  List of Contentious Cases by date of introduction  List of Advisory Proceedings referred to the Court since 1946 by  Pending Cases (Case(s) currently being heard or under deliberation) ICJ judgments are also available on  Westlaw International  Oxford Reports on International Law  Lexis  Legal > Area of Law - By Topic > International Law
  • 21. Case Law Also available on Oxford Reports on International Law: decisions of other UN Bodies such as:     UN Human Rights Committee (UNHRC) UN Committee Against Torture (CAT) UN Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) International Tribunal for the Law of the Sea (ITLOS)
  • 22. Case law European Court of Justice (ECJ)  Associated with dealing with commercial and social issues within the EU http://europa.eu/index_en.htm Case law available on the  ECJ website http://curia.europa.eu/jcms/jcms/j_6/home  Eur-lex http://eur-lex.europa.eu/JURISIndex.do?ihmlang=en  Westlaw International  Lexis  Legal > Area of Law - By Topic > International Law
  • 23. Case Law European Court of Human Rights (ECHR)  Associated with the Council of Europe and dealing principally with human rights issues.  Some ECHR decisions are appeals from domestic courts of EU Member countries, which are available on Justis ECHR Case law is available via the:  HUDOC Portal  provides free online access to the case-law of the European Court of Human Rights, the European Commission of Human Rights and the Committee of Ministers.  The judgments, decisions, resolutions and reports of these bodies are held in a database and are searchable.
  • 24. Case law International Criminal Court (ICC)  “The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 110 countries.  The jurisdiction and functioning of the ICC are governed by the Rome Statute.” (Source: ICC)  Official Journal of the International Criminal Court  Westlaw International (All documents released by the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia. Coverage begins with 1995.)
  • 25. Case law Investor-State Arbitration International Centre for Settlement of Investment Disputes (ICS   The ICSID is an autonomous institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States The mandate, organization and core functions of the ICSID are governed by the ICSID Convention (Source: ICSID)
  • 26. Investment Claims The database contains a number of different types of content: Arbitral awards, Arbitral decisions, OPIC decisions, Court decisions, Books, Journal and yearbook articles, Investment treaty overviews, National legislation, Multilateral and bilateral investment treaties, Arbitral rules, relevant Guidelines and Conventions.
  • 27. Digital Archive Collections  Center for Human Rights Documentation and Research(Columbia University Libraries) http://www.columbia.edu/cu/lweb/indiv/humanrights/archive_coll ections/hrw.html  The Nuremberg Trials Project: A Digital Document Collection (Harvard Law School) http://nuremberg.law.harvard.edu/php/docs_swi.php? DI=1&text=overview A searchable collection of the document analyses and full texts of the trial transcripts.
  • 28. Research Guide http://researchguides.smu.edu.sg/PIL
  • 29. Q &A