International

1
International Foreign Legal Research

• Legal Research Writing
• Section 3
• Spring 2005

2
The Memo
3
Public International Law

• Governs relationships between national
  governments, relationships between
  intergovernmental organizations, and
  relationships between national governments and
  intergovernmental organizations.
• It regulates governments and intergovernmental
  organizations across national boundaries.

4
Private International Law

• Governs the choice of law when there are
  conflicts in the municipal law of different
  countries related to private transactions.
• Private international law deals with topics such
  as contracts, marriage and divorce, jurisdiction,
  recognition of judgments, child adoption and
  child abduction.

5
Foreign Law

• Foreign law is essentially national law such as
  constitutions, statutes, regulations, and court
  decisions.
• It does not have effect outside the national
  boundaries, but it may regulate foreign entities
• Court decisions are not always primary law.

6
Treaties

• Also called conventions, pacts, covenants,
  charters, executive agreements, protocols,
  accords, declarations, etc, or by a city name.
• Three needs text, status, and is it in force
  yet?
• The IFs of treaty research if it is
  multilateral or bilateral, if it is recent, if
  the US is a party to the agreement, or if the US
  is not a party to the treaty.

7
Treaties Finding Aids

• Treaties In Force (TIF) is an annual State
  Department publication that lists all US treaties
  and agreements in force arranged by country and
  subject. Usually provides citations to United
  States Treaties and Other International
  Agreements (UST) or Treaties and Other
  International Acts (TIAS). Available on Lexis
  with links to treaty text when possible and on
  Westlaw. Also on the web.
• Multilateral Treaty Calendar is a comprehensive
  resource listing treaties in chronological order.
  Note that the ratification information is out of
  date.
• Westlaw (USTREATIES) and Lexis (International
  Law).
• International Legal Materials in print and
  online.
• Research Databases TIARA contains 12000
  treaties back to 1783. United Nations Treaty
  Collection contains status treaty
  information, some full-text.

8
(No Transcript)
9
(No Transcript)
10
(No Transcript)
11
Complete Citations
12
(No Transcript)
13
(No Transcript)
14
US Treaties Congressional Docs.

• Senate Treaty Documents are part of the United
  States Congressional Serial Set. Also on the
  web, but only from 104th Congress as well as
  Westlaw Lexis. These contain the treaty text
  submitted by the executive branch to the Senate
  for advice and consent together with supporting
  documentation. For recent treaties, the Senate
  Treaty Document may be your only source for the
  treaty text. Pre-1979, these documents were
  called Senate Executive Documents.
• Senate Executive Reports are issued by the Senate
  Foreign Relations Committee and contain the
  committees analysis and recommendations on a
  proposed treaty. These reports are in the Serial
  Set print and on the web since the 104th
  Congress.
• Most US international agreements do not follow
  the traditional advice and consent route of
  going to the Senate for ratification. They are
  usually considered executive agreements and will
  not have the treaty documents above

15
(No Transcript)
16
(No Transcript)
17
(No Transcript)
18
Treaties Full Text

• United States Treaties and Other International
  Agreements (UST) annual bound collection of
  TIAS pamphlets (Treaties and Other International
  Agreements). It is the current official
  collection. Publication often delayed about 20
  years.
• United Nations Treaty Series (UNTS) - contains
  all treaties deposited with the United Nations.
  Also available electronically (GULC Only).
• HeinOnline Impressive image collection of
  official and unofficial treaty sources including
  older treaty series dating back to 1776. There
  are also guides, indexes, other materials.
• Westlaw full texts of treaties and
  international agreements from mid-1979 to
  present. Senate Treaty Documents from the 103rd
  Congress.
• Lexis full text of treaties and international
  agreements from 1783 to present. Also includes
  some Senate Treaty Documents.
• International Legal Materials respected journal
  published by the American Society of
  International Law. Good place for recent
  agreements. Available in print, HeinOnline,
  Westlaw, and Lexis.

19
Foreign Law Basics

• Understand the structure of the foreign legal
  system is it a civil law country or a common
  law system? Perhaps mixed?
• What do you need constitution, a statute, a
  citation. Full text or summary? In English?
• What are the sources of law for the country?
  Does the country publish codes, statutes or
  reporters?
• Consider reading a research guide on the topic or
  the country.
• English language sources are usually the most
  sought after, but they must be used with caution.
  Most English translations are not official or
  authoritative, may not be up-to-date, and the
  quality may be an issue. Sometimes, you will
  have to rely on periodical literature for the
  text or summary. For some subject areas, such as
  taxation, commercial or business law, there are
  commercial compilations available. Court
  decisions and administrative law can be very
  difficult to locate in English. The following
  resource is a great starting point
• Foreign Law Current Sources of Codes and Basic
  Legislation in Jurisdictions of the World, T.
  Reynolds A. Flores K38 .R49 1989 Intl Ref
  Also available electronically under Research
  Databases (GULC only) on our website.

20
(No Transcript)
21
Find Australian Statutes
22
(No Transcript)
23
New Memo