Harbord Collegiate Institute March 31, Sooin Kim Susan Barker

Transcription

1 Library Research Session: International Law Harbord Collegiate Institute March 31, 2010 Bora Laskin Law Library: lib.utoronto.ca/ Sooin Kim Susan Barker 1

2 Today we will go over... : Introduction to public international law Some general research strategies Key resources Legal research on the Internet 2

3 Public international law: Some areas of research include: International human rights law International criminal law Diplomatic law Law of war International trade International environmental law Intellectual property Security Many others! 3

4 Researching international law can be challenging because: There is no single governing power standing over the countries Many issues impact more than one country Canadian judges look to international courts to decide cases in our country Questions: So, where do international ti laws come from? How do we research international law? 4

5 Four sources of international law: Statute of the International Court of Justice: Article 38: a. International conventions (treaties) b. Customary law c. General principles d. Court decisions and scholarship 5

6 Sources of international law: Statute of the International Court of Justice: Article 38: a. International Conventions or treaties (most important): Countries agree to agree to terms of a treaty Each treaty has clear meaning, rules are spelled out Treaties are only binding for countries who have signed up 6

7 Sources of international law: Statute of the International Court of Justice: Article 38: b. Customs (second most important): Widely accepted practice of countries Official statements at international conferences National court decisions A conviction or belief that the rule is needed 7

8 Sources of international law: Statute of the International Court of Justice: Article 38: c. Principles (third most important): Principles that are common to the major legal systems (if there is no treaties or accepted customs) Domestic acts (laws of a country) are considered Less important than treaties and customary international law 8

9 Sources of international law: Statute of the International Court of Justice: Article 38: d. Court or tribunal decisions (tied for fourth most important): International tribunal decisions used as a guide Decisions of domestic courts are considered Scholarly Writing (tied for fourth most important): Aids to understanding the law Not a formal law creating source 9

10 General research strategies: Starting point: textbooks, articles, encyclopedias, dictionaries, etc. Next: consult the four sources of law: Conventions or treaties Customs Principles Cases & scholarship 10

11 General research strategies: step one: organize: Take time to think about your issue: What is your goal? What do you need to find? What information do you have? How much time do you have? Keep good notes /checklists Look for a research guide on your topic there are lots out there! 11

12 General research strategies: step one: organize: Online guides: Are excellent resources, organized by topic Provide access to both easy to find and the more hidden resources Refer you to leading books, articles, relevant sources of law 12

13 General research strategies: step one: organize: Online guides: ASIL Guide to Electronic Resources for International Law EISIL: Electronic Information System for International Law GlobaLex: International Legal Research Guides 13

14 General research strategies: step one: organize: Online guides: Research Guides and Other Resources (Georgetown Law Library) LLRX: International Law Guides Guide to Foreign and International Legal Databases (NYU) 14

15 Research strategy: step two: background sources: Build your understanding with broad sources Why? Best place to start when researching an unfamiliar area of law Analyze and discuss the law Explains background Dfi Defines terms Refers you to other important materials 15

16 Research strategy: step two: background sources: What are they? Books: treatises, case books provide good overview Journal articles Government documents Encyclopedias Dictionaries 16

17 17 Research strategy: step two: background sources: Textbooks: Your library catalogue Toronto Public Library catalogue University of Toronto Library catalogue Legal Research & Writing by Ted Tjaden (Toronto: Irwin Law, 2004) Call No: KE250.T (Short Term Loan Desk) o Chapter 7: International and foreign legal research o Chapter 8: Legal research by topic (international law) Public international ti law by John H. Currie (Toronto : Irwin Law, 2001). Call No.: KZ3410.C (Short Term Loan Desk) Public international law by Thomas Buergenthal (St. Paul: West, 2007) Call No: KZ3410.B (Short Term Loan Desk)

18 Research strategy: step two: background sources: Articles: Index to Foreign Legal Periodicals LegalTrac Index to Legal Periodicals ASILEX com/asil/asil htm Toronto Public Library 18

19 Research strategy: step two: background sources: Encyclopedias & Dictionaries: Max Planck Encyclopedia of Public International Law: Online: University of Toronto Catalogue In Print: Call No. JX1226.E (Reference B) Canadian Encyclopedic Digest: Call No: Dig. Can. A2 C42 Halsburys Law of Canada Call No: Dig. Can. A2 C46 19

20 Research strategy: step three: sources of law: What are the sources? Treaties Has it been ratified? Is it in force? Statutes Case law International tribunals Domestic 20

21 Research strategy: step three: sources of law: Treaties: Agreements between two or more nations: Bilateral Multilateral 21

22 Research strategy: step three: sources of law: Treaties: Terminology: Adoption: date treaty was concluded or fixed Entry into force: date treaty becomes effective Ratification: consent to be bound Accession: a state (not one of the original parties) consents to be bound later Reservation: a state excludes part of a treaty 22

23 Research strategy: step three: sources of law: Treaties: United Nations Treaty Series en Flare Index to Treaties wpd/textbase/treatysearch.htm Canada Treaty Information accord.gc.ca/ Many United Nations treaties are easily accessible by googling the title 23

24 Research strategy: step three: sources of law: Court or tribunal decisions: Sources: International tribunals Ad hoc (temporary) international tribunals Treaty enforcement bodies 24

25 Research strategy: step three: sources of law: Court or tribunal decisions : International courts: International Court of Justice (ICJ) cij.org/ o Decides disputes between countries o Participation is voluntary but must comply with decision o Cases since 1946 available on website 25

26 Research strategy: step three: sources of law: Court or tribunal decisions : International courts: International Criminal Court (ICC): o Prosecutes war crimes and cases of genocide cpi.int/menus/icc/home International Criminal Tribunal for the Former Yugoslavia (ICTY): o Established in 1993 to prosecute war crimes arising from the war in Yugoslavia 26

27 Research strategy: step three: sources of law: Court or tribunal decisions: International courts: International Criminal Tribunal for Rwanda (ICTR): o Established in 1994 to prosecute violations of humanitarian law in Rwanda Project on International Courts and Tribunals: pcti.org Every major international ti court has its own website bit Most tribunals do not issue a lot of decisions 27

28 Principle International Organizations: United Nations: Origin: International organization founded in 1945 after WWII Membership: 51 countries Aims: Maintain international peace and security Promote social progress Promote better living standards Advance human rights 28

29 Principle International Organizations: United Nations Commission for International Trade Law (UNCITRAL): Origins: Established: 1966 by the General Assembly Membership: 60 member States Members are elected for terms of six years Aims: Specialize in commercial law reform worldwide Modernize & harmonize of rules on international business 29

30 Principle International Organizations: Others: Bora Laskin Law Library: International Organizations: lib.utoronto.ca/resources/locate/finding.htm lib.utoronto.ca/resources/locate/finding.htm NYU alorganizations/index.htm 30