FOREIGN AND INTERNATIONAL LEGAL

RESEARCH

Saskia Mehlhorn, Visiting Foreign and International Law Librarian, March 2011

Foreign and International Law

Basic Concepts

Sources

Researching International Law

Researching Foreign Law

O’Quinn Subscriptions

Free 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

Ius gentium 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

WTO

OECD

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

OAS

NAFTA

EU

APEC

African Union

Researching Foreign Law

Where to start?

GLIN

GLM

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.

CIAO

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!