International Law Research Guide

International Law Research Guide

International law is the system of law that governs the broad range of activities that occur between and among nations.  Since this body of law applies to multiple nations, it also comes from multiple sources.

The main sources of international law are outlined in Article 38 of the Statute of the International Court of Justice, the primary judicial arm of the United Nations.  When attempting to settle a dispute between or among nations, the Court considers the following sources to reach a decision:

• International conventions (usually called treaties)
• Case law from international, regional or national courts, or from international tribunals
• Scholarly writings on various areas of the law, from different nations
• International custom, or general practices accepted as law among nations of the world
• General principles of law acknowledged among these nations

This guide provides an introduction to the numerous sources of international law, and to the process of conducting research in this area.  For further assistance, please contact the Reference Department at (662) 325-7667 or Email a Librarian, or visit the Ready Reference Desk on the second floor of the Library.

International agreements, or treaties, comprise a substantial portion of the body of international law.  They may be referred to by several different names (international conventions, charters, protocols, pacts, accords, etc.).  The Vienna Convention on the Law of Treaties defines a treaty as an international agreement between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.  Treaties may be bilateral (between two parties) or multilateral (between several parties), and they generally apply only to the parties included in the agreement.

Treaty research generally involves the following steps:

• Locating the text of the treaty or international agreement
• Determining status and ratification information for the treaty
• Who are the parties involved in the treaty?
• Is the treaty "in force?"
• If so, what is the entry into force date?
• Has the treaty been signed (ratified) by all the appropriate parties?
• Have any of the parties made reservations (amendments) to the treaty?
• Analyzing or interpreting the treaty using background documents such as negotiation histories

Under U.S. law, treaties have the same status as Congressional legislation.  However, the term treaty only applies to agreements that are submitted by the President to the U.S. Senate for advice and consent.  These agreements specifically go to the Senate Foreign Relations Committee, which considers the treaty conditions and then reports its recommendations to the full Senate.  A two-thirds majority is required to approve the treaty.  Once the treaty is approved, the President announces its entry into force.

Agreements that are not sent to the Senate are called executive agreements.  Treaties have international force, while executive agreements only apply to federal law for the U.S. 

The first step in researching a U.S. treaty, as with any treaty, is to find the full text of the document.  To do this, the researcher should consult a treaty index such as the following:

Treaties in Force (Ref JX236 1929C).  This annual publication of the U.S. State Department lists and summarizes all U.S. treaties (bilateral and multilateral) and executive agreements currently in force.  The entries are arranged by country and subject, and most include citations to full text sources (see below).  The Reference Department has the volumes covering 1960-1990, 1992-1993, 1995 and 2002-2004.

Treaty Actions.  Available from the U.S. State Department's website at www.state.gov/.  This is a monthly publication that contains details on more recent treaties (treaties from 2001-2004, with archived issues going back to 1997).  It includes both bilateral and multilateral treaties and agreements.

With a citation from Treaties in Force or other source, the researcher can proceed to the appropriate source to obtain the full text of the treaty.  These usually contain cross-references to other treaty locations.

Treaties and Other International Acts Series (T.I.A.S.) - Ref JX231.A34.  This is the first place where new treaties and agreements appear in slip form; they are later issued in bound volumes (see next source).  The slip treaties are numbered consecutively and issued in the various languages of the parties to which the individual treaties apply.   

United States Treaties and Other International Agreements (U.S.T.) - Ref JX231.A34 for volumes covering 1982 to the present.  Earlier volumes are located in Inactive Reference.  This publication is the official source for the full text of U.S. treaties and agreements, both bilateral and multilateral.

United States Statutes at Large (Stat.) - Ref KF50.U5.  This source contains the text of treaties issued up until 1950.  The Reference Department has the volumes covering 1873-1875, 1913-1915, and 1915-2004.

Several treaty collections are available online, including the following:

Once the researcher locates the full text of the treaty, he or she needs to determine its status and find any relevant information concerning its ratification.  Essentially, the researcher needs to find out the parties to the treaty or agreement, the date on which the treaty entered into force, and whether or not any reservations exist for the treaty.  This information is usually included in sources like Treaties in Force and Treaty Actions.  Other sources for obtaining status and ratification information are included in the Multilateral Treaties section of this guide.  The researcher can also consult the following:

Shepard's United States Citations (Ref KF78.S56).  This source provides citations to treaties that amend earlier treaties.  Treaties issued prior to 1950 are listed by Statutes at Large citation, and treaties issued from 1950 forward are listed by U.S.T. or T.I.A.S. citation.

www.senate.gov/.  The website for the U.S. Senate contains a section devoted to its actions concerning treaties and executive agreements.  It provides a list of treaties received by the President, treaties on the Executive and Legislative Calendars, treaties approved by the Senate, and other status information on current treaties.

After the researcher locates the full text of the treaty or agreement and determines its status, he or she may want to look at the history behind the treaty in order to better interpret it. 

The U.S. Senate website contains links to Senate Treaty Documents from the 104^th Congress forward.  These are the documents the President submits to the Senate for its approval.  The site also contains Senate Executive Reports for the same period.  These are the reports issued by the Senate Foreign Relations Committee to the full Senate, and they contain the Committee's recommendations for conditions (reservations or amendments) to add to proposed treaties.

Multilateral treaties or agreements involve more than two parties, one of which may or may not be the U.S.  The same steps involved in U.S. treaty research, outlined above, apply to research on treaties either not involving the U.S. or involving the U.S. and many other parties.  Thus, the researcher should begin by looking in an index that covers multilateral treaties, which will lead to citations to a full text source.

Multilateral Treaties Deposited with the Secretary General.  Available in the United Nations Treaty Collection database (Electronic Indexes/Databases).  This provides citation and status information for treaties submitted to the Secretary General of the United Nations.  The database contains the full text of bilateral and multilateral treaties, including a listing of the various parties involved in the agreements, and any reservations or declarations to limit the force of those agreements (countries may issue these when they do not want to abide by certain parts of an agreement). 

Treaties and Other International Acts Series (T.I.A.S.)

United States Treaties and Other International Agreements (U.S.T.)

Once the researcher locates a citation for the full text of the treaty, he or she can move to the text of the actual treaty.  The United Nations Treaty Collection is a good starting point for finding the full text of treaties, as well as the necessary status and ratification information.  This information should also be available for other treaty collections such as the following: 

To obtain background information on multilateral treaties, the researcher may wish to search for articles or books on the topic of the particular treaty or agreement.  If the treaty is part of the United Nations Treaty Collection, especially if it was negotiated by one of the body's specialized agencies at a conference, it may be accompanied by supporting documents.  If the researcher knows the particular organization(s) involved in the treaty negotiation, if applicable, he or she can check that organization's website for links to materials that discuss the activities leading up to the treaty's entry into force.

Although national governments are the major entities involved in establishing treaties and other sources of international law, intergovernmental organizations (IGOs) are also influential in this area; international law not only affects relationships between and among nations, but it also affects relationships between and among IGOs, and between and among IGOs and nations.  Global and regional organizations establish international protocol, enforce treaties and other international conventions, and provide a means by which to resolve conflicts between and among nations.  They also issue numerous publications that serve as invaluable research tools in international law.  Three of the most prominent IGOs are the United Nations (UN), the European Union (EU), and the World Trade Organization (WTO).

•  United Nations

The United Nations is a key player in the arena of international law in that it provides a centralized forum for the drafting and promotion of legislation and treaties.  The global IGO has six main branches: the General Assembly, the Security Council, the Trusteeship Council, the Economic and Social Council, the Secretariat, and the International Court of Justice. 

The Government Documents Department has created a comprehensive research guide on the United Nations, located at:

http://library.msstate.edu/content/templates/?a=429&z=83.  See this guide for a more in-depth look at this major contributor to international law.

•  European Union

This regional IGO was established in 1993 by the Masstricht Treaty, taking the place of the European Atomic Energy, Coal and Steel, and Economic Communities.  Its major bodies are the European Parliament, which serves in an advisory capacity; the European Council, which is composed of one head of state from each member country; the European Commission, which carries out executive responsibilities; and the European Court of Justice, which settles disputes between EU members concerning EU treaties and legislation.

To learn more about the activities and responsibilities of the EU, consult one or more of the following background sources:

The European Union (JN30 .E94 2005, Circulating Collection)

New Risks, New Welfare: the Transformation of the European Welfare State

(HV238 .N49 2004, Circulating Collection)

The European Union: How Does It Work?  (JN30 .E9417 2003, Circulating Collection) 

The European Union: Economy, Society and Polity (JN30 .R63 2002, Circulating Collection)

http://europa.eu.int/.  The website for the EU provides a thorough treatment of the organization's activities, institutions, documents and services.  Specifically, the site contains a subject guide to EU operations (agriculture, environment, etc.); links to the various agencies, financial and advisory bodies, and other sectors of the EU; and an online library of EU case law and legislation. 

LexisNexis Academic (Electronic Indexes/Databases).  This database has a section for "Legal Research," which has a subsection for "International Legal Materials."  This subsection, in turn, contains a search feature for EU law.  Here the researcher can search EU cases, legislation, treaties, and other documents.

• World Trade Organization

The WTO was established in 1995, replacing the General Agreement on Tariffs and Trade (GATT).  This international body administers trade agreements and trade policies among member nations, and serves as a forum for negotiations and dispute resolutions among these nations.  Its activities are managed by its General Council, as well as by a Ministerial Conference, which convenes every two years.

For more background information on the WTO, consult one or more of the following sources:

Agriculture and International Trade: Law, Policy, and the WTO (K3870.A944 2003, Circulating Collection)

WTO: The Doha Agenda: The New Negotiations on World Trade (HF1379.D37 2003)

NAFTA, WTO, and Global Business Strategy: How AIDS, Trade, and Terrorism Affect Our Economic Future (HF 1713.C627 2002 Circulating Collection)

The Economics of the World Trading System (HF1379.B326 2002, Circulating Collection)

Institutions and Trade Policy (HF1411.F525 2002, Circulating Collection)

The Role of the World Trade Organization in Global Governance (HF1385.R65 2001, Circulating Collection)

www.wto.org/.  In addition to describing the structure and functions of the WTO, the organization's website provides a gateway to various trade topics, such as civil aircraft and electronic commerce; trade statistics; economic research and analysis; WTO annual reports and other publications; and numerous legal texts.

Sometimes nations are able to resolve conflicts through negotiation, resulting in the creation of a treaty or agreement.  However, some disputes are resolved by external courts or tribunals, including international courts of limited or general jurisdiction, international tribunals, regional courts, national courts, and other bodies that specialize in arbitration.  The documents these courts and tribunals generate in the process of hearing and settling disputes between nations are another source of international law.

International Court of Justice.  Website available at www.icj-cij.org/.  The International Court of Justice, or World Court, is the primary international judicial body.  It is one of the main branches of the UN.  The Court meets at the Hague and settles legal disputes between nations, and also hears selected cases concerning significant international legal issues.  The Court's website contains links to general information about the tribunal; biographies of its members; annual reports; cases the Court is currently considering; rules of the Court; decisions from 1922 to the present; and various publications issued by the Court.

Other courts of global jurisdiction exist, and their websites usually provide access to the case law they have created.  Examples include:

European Court of Justice.  Website available at http://curia.europa.eu/ .   This is the judicial arm of the EU, and it resolves conflicts between EU members that involve EU treaties and legislation.  Its website contains basic information about the Court and its parent, the EU; annual reports; a digest of case law; case annotations; and links to national and international legal sites.

European Court of Human Rights.  Website available at www.echr.coe.int/.  This court was created in 1950 under the European Convention of Human Rights.  Its website contains administrative texts, case law, annual reports, and pending cases. 

Inter-American Court of Human Rights.  Website available at www.corteidh.or.cr/.  This court, part of the Organization of American States (OAS), considers cases involving human rights abuses in the Americas.  Its website includes the Court's rules of procedure, decisions and advisory opinions, annual reports and other publications.

The courts of individual nations generate decisions on issues in international law, thus providing a valuable research tool.  The researcher can visit the website for the court of his or her country of interest to find links to its case law. 

Additionally, the researcher can use LexisNexis Academic (Electronic Indexes/Databases) for international legal research.  The "International Legal Materials" section allows the researcher to search case law from Australia, New Zealand, Canada, Ireland, Mexico, Hong Kong, Singapore, Great Britain, and South Africa.  The researcher can also find U.S. treaties, and GATT and WTO decisions.  Also, in the "Case Law" area, the researcher can search for international law cases (U.S. only) in the "Area of Law by Topic" section.

For more information, see the following sources consulted for this guide:

Legal Research in a Nutshell (RefKF240.C54 2000).  See Chapter 11, International Law.

Researching Public International Law (Columbia University School of Law) www.law.columbia.edu/library/Research_Guides/internat_law/pubint

U.S. Treaties and Agreements (Georgetown University Law Center) www.ll.georgetown.edu/intl/guides/treaty/treaty_2.html

International Legal Research Tutorial (Georgetown University Law Center) www.ll.georgetown.edu/tutorials/intl/international.html