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Foreign and International Legal ResearchPresentation Transcript
Foreign and International Legal Research Saskia Mehlhorn, Visiting Foreign and International Law Librarian, March 2011
Foreign and International LawBasic Concepts SourcesResearching International LawResearching Foreign Law O’Quinn SubscriptionsFree reliable online resources
Foreign and Int’l Law, Defined and Distinguished
What is Foreign Law? Foreign Law = Law of the country Research requires access of foreign legislation, jurisdiction, commentaries and scholarly work
Common and Civil Law Countries
What is International Law? International Law governs the relations between countries Referred to as public international law Not Private International Law Supranational Law is part of International Law
History of International Law Iusgentium Commercial Transaction 17th century move to ius ad bellum 20th century ius ad bellum rejected Founding of International Organizations
Basic Concepts of Int’l Law
Sovereignty Signatory nations are equal Traditionally parties were mostly nations. NGO’s, IGO’S, Multinational corps Authority of International Law largely depends upon voluntary participation of states In some areas judicial and quasi-judicial tribunals are available
Sources of Int’l Law
Article 38(1) ICJ Statute International conventions Customary law General principles of law Scholarly work Case law
Article 38(1) ICJ Statute 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
Researching Int’l Law
Where to start?
Treaty Research Ratification and Implementation Process What is the difference between a treaty and an executive agreement? Where to find treaties?
International Trade Law UNCITRAL – United Nations Commission on International Trade Law WTO – World Trade Organization OECD – Organization for Economic Co-Operation and Development
International Organizations United Nations International Criminal Court International Court of Justice
International Criminal Court
International Court of Justice
Regional Organizations Organization of American States North American Free Trade Agreement European Union Asia-Pacific Economic Cooperation African Union
Researching Foreign Law
Where to start?
LOC Research Guides
Start with a search in the library catalog! We have excellent resources available and the fastest way to find them is with a search in the online catalog.