International Courts of General and Limited Jurisdiction International tribunals National Courts, enforcing norms taken from international sources Arbitral Dec Often used for resolving problems related to commercial deals with state enterprises Academic Exposition, Synthesis, Persuasion, and Consensus Articles i Custom: Observation of What States Actually Do and Say Publications and information systems of the State Department and its foreign equivalents, IGOs National yearbooks International yearbooks Truth reconciliation Commission Reports The Restatement When you visualize the sources of law for US domestic law, it is relatively easy to think in terms of statutes, cases, administrative regulations and perhaps a few other stray texts in a given jurisdiction. It is not realistic to transfer that basic orderliness to international law, but the next few sections will provide a framework for thinking about the sources of international law in a similar and systematic way POSTSCRIPT There is a growing body of writing about the concept nternational law. This grants a certain authority to norms which are not legally binding in a traditional understanding of international law. A good introduction to this idea and an exploration of its use in certain fields can be found in a book called Commitment and Compliance edited by Dinah Shelton for the American Society of International Law. It can be found at JX4171 03 C67 2000 on the second f Back to the table of Contents
International Courts of General and Limited Jurisdiction International tribunals National Courts, enforcing norms taken from international sources Arbitral Decisions Often used for resolving problems related to commercial deals with state enterprises Academic Exposition, Synthesis, Persuasion, and Consensus Monographs Articles Custom: Observation of What States Actually Do and Say Publications and information systems of the State Department and its foreign equivalents, IGO’s, etc. National yearbooks International yearbooks Truth & Reconciliation Commission Reports The Restatement When you visualize the sources of law for US domestic law, it is relatively easy to think in terms of statutes, cases, administrative regulations and perhaps a few other stray texts in a given jurisdiction. It is not realistic to transfer that basic orderliness to international law, but the next few sections will provide a framework for thinking about the sources of international law in a similar and systematic way. POSTSCRIPT There is a growing body of writing about the concept of "soft law" in international law. This grants a certain authority to norms which are not legally binding in a traditional understanding of international law. A good introduction to this idea and an exploration of its use in certain fields can be found in a book called Commitment and Compliance edited by Dinah Shelton for the American Society of International Law. It can be found at JX4171 .O3 C67 2000 on the second floor. Back to the Table of Contents --------------------------------------------------------------------------------
GENERAL INTRODUCTORY MATERIALS In solving unfamiliar international law questions, it is often crucial to review some general sources to put the problem in perspective. The tools developed for this purpose are the same as any other subject area; treatises, encyclopedias, dictionaries, directories, etc. The development of the Internet means that there are now similar reference tools to be found on the web as well DIctionaries As in any field of knowledge, international law has a special vocabulary. while many of the terms will be found in general law dictionaries, such as Black's or Ballantine's, the dictionaries listed below focus on international law. Although it is older, Clive Parry's Encyclopaedic dictionary of international law(Dobbs Ferry, NY Oceana Publications, 1986, JX1226 P249, 2nd Floor)is the best of the basic dictionaries James Fox's Dictionary of international and comparative law(2nd ed. Dobbs Ferry, N.Y.: Oceana Publications, c1997, JX1226 F832 1997, 3rd Fl REFERENCE) is more up-to-date, but it is pretty Ernest Lindbergh's Modern dictionary of international legal terms: English, French, German Boston: Little, Brown, c1993. JX1226 L64 1993, 2nd Floor) is useful to find translations of legal terms from one language into the others A similar polyglot international law dictionary is Kokusai kankeiho jiten, published by Sanseido in Tokyo in 1995. It is found in the East Asian Reference Collection on the second floor at JX1226 K6271995 E cyclopedia The publication of the initial parts of the Encyclopedia of public international law in the 1980s was a godsend to researchers, teachers, and students of international law. It has still not reached a complete final version, but has become indispensable. It was issued throughout the 1980s in 12 slim hardbound volumes, each on a theme within international law, such as the law of the Sea, International Organizations, or Geographic Issues. Within each volume the subjects on the theme are arranged alphabetically In the early Nineties, an updated and merged version started being published, but it is still not complete, so both versions need to be consulted. Each article is written by an expert in that particular area of the law, and is accompanied by a basic bibliography of sources for the substance of the article. These bibliographies are the parts which have become most outdated, but they are very good starting points for basic research. In the Diamond Law Library the EPIL is found in the
GENERAL INTRODUCTORY MATERIALS In solving unfamiliar international law questions, it is often crucial to review some general sources to put the problem in perspective. The tools developed for this purpose are the same as any other subject area; treatises, encyclopedias, dictionaries, directories, etc. The development of the Internet means that there are now similar reference tools to be found on the web as well. Dictionaries As in any field of knowledge, international law has a special vocabulary. While many of the terms will be found in general law dictionaries, such as Black’s or Ballantine’s , the dictionaries listed below focus on international law. Although it is older, Clive Parry's Encyclopaedic dictionary of international law (Dobbs Ferry, NY: Oceana Publications, 1986, JX1226 P249, 2nd Floor) is the best of the basic dictionaries. James Fox's Dictionary of international and comparative law (2nd ed. Dobbs Ferry, N.Y.: Oceana Publications, c1997, JX1226 F832 1997, 3rd Fl REFERENCE) is more up-to-date, but it is pretty skimpy. Ernest Lindbergh's Modern dictionary of international legal terms : English, French, German . (Boston: Little, Brown, c1993. JX1226 L64 1993, 2nd Floor) is useful to find translations of legal terms from one language into the others. A similar polyglot international law dictionary is Kokusai kankeiho jiten , published by Sanseido in Tokyo in 1995. It is found in the East Asian Reference Collection on the second floor at JX1226 K627 1995 Encyclopedias The publication of the initial parts of the Encyclopedia of public international law in the 1980's was a godsend to researchers, teachers,and students of international law. It has still not reached a complete final version, but has become indispensable. It was issued throughout the 1980's in 12 slim hardbound volumes, each on a theme within international law, such as the Law of the Sea, International Organizations, or Geographic Issues. Within each volume the subjects on the theme are arranged alphabetically. In the early Nineties, an updated and merged version started being published, but it is still not complete, so both versions need to be consulted. Each article is written by an expert in that particular area of the law, and is accompanied by a basic bibliography of sources for the substance of the article. These bibliographies are the parts which have become most outdated, but they are very good starting points for basic research. In the Diamond Law Library the EPIL is found in the
3 rd floor Reference collection, at JX1226 En19a 1992 Other useful encyclopedic tools include Osmanczyk, Edmund, The encyclopedia of the United Nations and international relations, Taylor francis, 1990, (JX1977Os5 1990, 3rd FI REFERENCE) awson,Edward, and Mary Lou Bertucci, Encyclopedia of human rights, 2nd ed. Taylor Francis, c1996,(JX4263 P3 En19 1996, 3rd FI REFERENCE) Treatises he best single exposition of traditional public international law was James Brierly's The Law of ations: an introduction to the international law of peace.(Oxford University Press, 1963) While it is dated, it is short and well written. The Diamond Law Library's copies are at JX2000 B76L4 1963, on the second floor. The leading current works are Oppenheim's international law. 9th ed, edited by Robert Jennings and Arthur Watts(JX2000 Op5ln8 1992, 3rd FI Reserve), and lan Brownlies Principles of public international law, 5th ed (JX2000 B812P9 1998, 2nd Floor In terms of the American understanding of international law, the two leading works are both local Professor Henkins's International law: politics, values and functions: general course on public international law(JX2000 H389In8, 2nd Floor), is a good, broad review from 1989. It was prepared for presentation at the famous Hague Academy of International Law and was originally printed in 1989 Recueil des Cours, IV, pp 9-416JX1295 HI 1923c). Professor Schachter's International law in theory and practice (JX2000 SchllIn8l, 3rd FI Reserve)was also the general course at the Hague Academy and the original text is found in 1982 Recueil des Cours, Volume V Some of the more important standard works which cover the entire breadth of international law include Malanczuk, Peter, Akehurst's modern introduction to international law, 7th rev. ed, London Routledge, c1997, (JX2000 M289Ak32 1997, 2nd Floor) Von Glahn, Gerhard, Law among nations: an introduction to public international law, 7th ed Boston: Allyn and Bacon, c1996,(JX2000 V89L41 1996, 2nd Floor) Dupuy, Pierre-Marie, Droit international public, 4 th ed, Paris: Dalloz, 1998,(JX2000 D9195D8 1998, 2nd Floor) Seidl-Hohenveldern, Ignaz, Volkerrecht ,7th ed.. Koln: C. Heymann, c1992, (JX2000 Se42V8 1992, 2nd Floor), Boggiano. Antonio, Introduccion al derecho internacional relaciones exteriores de los ordenamientos juridicos, Buenos Aires: La Ley, c1995, (JX2000 B634In8 1995, 2nd Floor) There are many others. And as might be expected, there are treatises in all sorts of narrow areas within international law. International law casebooks. such as Henkin's International Law Cases Materials (JX68 1498 1993, #rd Floor Reserve) and Carter Trimble s International Law
3 rd floor Reference collection, at JX1226 En19a 1992. Other useful encyclopedic tools include: Osmanczyk, Edmund, The encyclopedia of the United Nations and international relations , Taylor & Francis, 1990, (JX1977 Os5 1990, 3rd Fl REFERENCE) Lawson, Edward , and Mary Lou Bertucci, Encyclopedia of human rights , 2nd ed., Taylor & Francis, c1996, (JX4263.P3 En19 1996, 3rd Fl REFERENCE) Treatises The best single exposition of traditional public international law was James Brierly’s The Law of Nations : an introduction to the international law of peace . (Oxford University Press, 1963). While it is dated, it is short and well written. The Diamond Law Library’s copies are at JX2000 B76L4 1963, on the second floor. The leading current works are Oppenheim's international law . 9th ed, edited by Robert Jennings and Arthur Watts (JX2000 Op5In8 1992, 3rd Fl Reserve), and Ian Brownlie's Principles of public international law , 5th ed, (JX2000 B812P9 1998, 2nd Floor). In terms of the American understanding of international law, the two leading works are both local: Professor Henkins's International law : politics, values and functions : general course on public international law (JX2000 H389In8, 2nd Floor), is a good, broad review from 1989. It was prepared for presentation at the famous Hague Academy of International Law and was originally printed in 1989 Recueil des Cours , IV, pp 9-416 (JX1295 .H1 1923c). Professor Schachter's International law in theory and practice (JX2000 Sch11In81, 3rd Fl Reserve) was also the general course at the Hague Academy and the original text is found in 1982 Recueil des Cours, Volume V. Some of the more important standard works which cover the entire breadth of international law include: Malanczuk, Peter, Akehurst's modern introduction to international law , 7th rev. ed., London: Routledge, c1997, (JX2000 M289Ak32 1997, 2nd Floor) Von Glahn, Gerhard, Law among nations : an introduction to public international law , 7th ed., Boston : Allyn and Bacon, c1996, (JX2000 V89L41 1996, 2nd Floor) Dupuy, Pierre-Marie, Droit international public , 4 th ed., Paris : Dalloz, 1998, (JX2000 D9195D8 1998, 2nd Floor) Seidl-Hohenveldern, Ignaz, Volkerrecht ,.7th ed.. Koln : C. Heymann, c1992, (JX2000 Se42V8 1992, 2nd Floor), Boggiano, Antonio, Introduccion al derecho internacional : relaciones exteriores de los ordenamientos juridicos. , Buenos Aires : La Ley, c1995, (JX2000 B634In8 1995, 2nd Floor) There are many others. And as might be expected, there are treatises in all sorts of narrow areas within international law. International law casebooks, such as Henkin's International Law: Cases & Materials (JX68 I498 1993, #rd Floor Reserve) and Carter & Trimble's International Law
(X60 In776 1999, 2nd Floor) can be a good place to start research. Many casebooks also have documentary supplements which are a useful source of texts, but neither casebooks nor their supplements should be cited. The official source needs to be cited in any final work product International Law is one of the particular strengths of the diamond law library here at columbia. The on-line catalog, Pegasus,(pegasus. law. columbia. edu) is a rich resource both to identify specific materials and to learn the nature of publication in general Recent Research Guides The standard work is Guide to international legal research, published by Lexis Publishing, 3rd edition, 1998, with 1999 Supplement (JX2000 G942G2 1998, 3rd Floor Reference). This was originally a special issue of the Journal of International Law and Economics in 1987. It is still very print oriented In the middle 90s, the American Association of Law Libraries held a series of symposia dedicated to researching international and comparative law. These resulted in five books which combine introductory texts in specific subject areas with research guides. They are all very useful, but unfortunately, they were produced just as the Internet was starting to appear as a reliable and widespread resource, so some of the information is already out-of-date. All of them are in the 3rd floor reference collection Danner. Richard A. and Marie-Louise bernal Introduction to foreign legal systems Dobbs Ferry, NY: Oceana Publications, 1994 Comp077n8351994 Raisch, Marylin, and Roberta Shaffer Introduction to transnational legal transactions New York: Oceana Publications. 1995 JX6650.J9In811995 Louis-Jacques, Lyonette, and Jeanne Korman Introduction to international organizations New York: Oceana Publications. c1996 Jx1963In8961996 Seer, Gitelle, and Maria Smolka-Day Introduction to international business law legal transactions in a global economy New York: Oceana Publications, c1996 X6271In93481996 Schaffer, Ellen G, and Randall Snyder Contemporary practice of public international law Dobbs Ferry, NY: Oceana Publications, 1997
(JX60 In776 1999, 2nd Floor) can be a good place to start research. Many casebooks also have documentary supplements which are a useful source of texts, but neither casebooks nor their supplements should be cited. The official source needs to be cited in any final work product. International Law is one of the particular strengths of the Diamond Law Library here at Columbia. The on-line catalog, Pegasus , (pegasus.law.columbia.edu) is a rich resource both to identify specific materials and to learn the nature of publication in general. Recent Research Guides The standard work is Guide to international legal research , published by Lexis Publishing, 3rd edition, 1998, with 1999 Supplement (JX2000 G942G2 1998, 3rd Floor Reference). This was originally a special issue of the Journal of International Law and Economics in 1987. It is still very print oriented. In the middle 90's, the American Association of Law Libraries held a series of symposia dedicated to researching international and comparative law. These resulted in five books which combine introductory texts in specific subject areas with research guides. They are all very useful, but unfortunately, they were produced just as the Internet was starting to appear as a reliable and widespread resource, so some of the information is already out-of-date. All of them are in the 3rd floor reference collection. Danner, Richard A., and Marie-Louise Bernal Introduction to foreign legal systems. Dobbs Ferry, NY: Oceana Publications, 1994. Comp 077 In835 1994 Raisch, Marylin, and Roberta Shaffer Introduction to transnational legal transactions. New York : Oceana Publications, 1995. JX6650.J9 In81 1995 Louis-Jacques, Lyonette, and Jeanne Korman Introduction to international organizations. New York : Oceana Publications, c1996. JX1963 In896 1996 Seer, Gitelle, and Maria Smolka-Day Introduction to international business law : legal transactions in a global economy. New York : Oceana Publications, c1996. JX6271 In9348 1996 Schaffer, Ellen G., and Randall Snyder Contemporary practice of public international law. Dobbs Ferry, NY : Oceana Publications, 1997
JX2000schl4C761997 There are some web based research guides which vary in quality. Some of the better sites include The American Society for International Law Electonic Guide University of Bologna's Research Guide to International Law on the Internet Brooklyn Law School's Introduction to International Law Research University of Chicago's Legal Research on International Law Issues Using the Internet The Harvard Law School Library's Annotated Guide The University of Utrecht's Conducting Research in Public International Lay Back to the table of contents TREATIES AND OTHER FORMS OF INTERNATIONAL AGREEMENTS Just as statutes are the main source of modern domestic law, treaties have become the key source of law in international law The first subsection of Article 38 of the IC Statute specifically mentions"international conventions"expressly creating the law in an area between or among the party states. Section 102 (3)of the Restatement reads in part"(3)International agreements create law for the states parties thereto The definition of "treaty "in the oed reads A contract between two or more states, relating to peace, truce, alliance, commerce, or other international relation; also, the document embodying such contract, in modern usage formally signed by plenipotentiaries appointed by the government of each state
JX2000 Sch14C76 1997 There are some web based research guides which vary in quality. Some of the better sites include: The American Society for International Law Electonic Guide University of Bologna's Research Guide to International Law on the Internet Brooklyn Law School's Introduction to International Law Research University of Chicago's Legal Research on International Law Issues Using the Internet The Harvard Law School Library's Annotated Guide The University of Utrecht's Conducting Research in Public International Law Back to the Table of Contents -------------------------------------------------------------------------------- TREATIES AND OTHER FORMS OF INTERNATIONAL AGREEMENTS Just as statutes are the main source of modern domestic law, treaties have become the key source of law in international law. The first subsection of Article 38 of the ICJ Statute specifically mentions "international conventions" expressly creating the law in an area between or among the party states. Section 102 (3) of the Restatement reads in part "(3) International agreements create law for the states parties thereto ....." The definition of "treaty" in the OED reads: "A contract between two or more states, relating to peace, truce, alliance, commerce, or other international relation; also, the document embodying such contract, in modern usage formally signed by plenipotentiaries appointed by the government of each state