Foreign and International Legal Research

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?

International Law

Treaty Research
Ratification and Implementation Process
What is the difference between a treaty and an executive agreement?
Where to find treaties?

Treaty Research

International Trade Law
UNCITRAL – United Nations
Commission on
International Trade Law
WTO – World Trade
Organization
OECD – Organization for Economic Co-Operation and Development

UNCITRAL

International Organizations
United Nations
International Criminal Court
International Court of Justice

United Nations

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

African Union

Researching Foreign Law

Where to start?

LOC Research Guides

O’Quinn Subscriptions

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.

BNA Reporter Int’l Trade

LawInfo China

Hein Online

UN Treaties Collection

Index to Foreign Legal Publications

Kluwer Arbitration

Free reliable online sources

Cornell’s Wex

NYU Law F&I Research

HG by Lex Mundi

Legislation Online

Thank You!

Foreign and International Legal Research

by Saskia Mehlhorn

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