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• Title:International legal research in a global community / Heidi Frostestad Kuehl, Megan A. O'Brien.
  
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• Author/Creator:Kuehl, Heidi Frostestad, author.
  
• Other Contributors/Collections:O'Brien, Megan A., author.
  
• Published/Created:Durham, North Carolina : Carolina Academic Press, [2018]
  ©2018
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KZ1234 .K84 2018
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Legal research.
  International law.
  
• Description:xix, 219 pages ; 23 cm
  
• Series:International legal research series.
  
• Summary:"While treaties and international custom are the bedrock of public international legal research, other sources, including general principles of law, tribunal decisions, the writings of highly qualified scholars, jus cogens, UN resolutions, and soft law, must all be consulted for comprehensive research. [This book] offers researchers confronted with legal issues that implicate public international law a foundation in these sources of law, research strategies for handling them, and real-world examples that focus on the process for carrying out research. This book further refines the research approach for handling treaties and international custom based on the recent tentative drafts of the Restatement of the Law (Fourth) Foreign Relations of the United States and the 2016 Annual Report of the International Law Commission. With a chapter on cultural competency, and written from a US perspective, this book identifies areas where biases and blind spots may arise when researching and applying international law so that researchers may account for them."-- Back cover.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781611631999 (paperback)
  1611631998 (paperback)
  9781531008345 (e-ISBN)
  
• Contents:Machine generated contents note: ch. 1 Public International Legal Research
  I. Introduction and Foundation Principles
  II. Definition of Public International Law
  III. Legal Personality: States, International Organizations, and Individuals
  IV. Sources of Public International Law
  A. Article 38 of the Statute of the International Court of Justice
  B. Jus Cogens
  C. U.N. General Assembly Resolutions Passed Unanimously or Near Unanimously
  D. Soft Law
  V. Conclusion
  ch. 2 Treaty Research and Treaty Implementation
  I. Introduction
  A. International Agreements
  B. Between States
  C. In Written Form
  D. Governed by International Law
  II. Collections of Treaties
  A. General Treaty Collections
  B. Historical Treaty Collections
  C. National Treaty Collections
  D. Regional Treaty Collections
  E. Subject Treaty Collections
  F. Combination Treaty Collections
  III. Treaty Research Process
  A. Find an Authoritative Text
  i. Find Authoritative Texts and Subsequent and Related Treaty Actions
  ii. Use Comprehensive Treaty Indexes to Find Authoritative Texts
  B. Identify the Depositary
  C. Check the Status of the Treaty
  i. Identify Signatories and Parties to the Treaty
  ii. Determine Entry into Force Date
  iii. Find and Read the Reservations, Understandings and Declarations (RUDs)
  IV. U.S. Treaty Implementation
  A. Sources for U.S. Treaty Implementation
  B. Treaty Implementation Research Process through Selected Examples
  i. Chemical Weapons Convention
  ii. Paris Act Relating to the Berne Convention for the Protection of Literary and Artistic Property
  iii. Kyoto Protocol to the United Nations Framework Convention on Climate Change
  V. Conclusion
  ch. 3 Use of Travaux Preparatories for International Legal Research
  I. Introduction
  II. U.S. Treaty Interpretation at the Federal Level & Legislative History Research
  III. U.S. Treaty Interpretation at the Federal Level & Use of Travaux Preparatories
  IV. Legal Research Process
  V. Conclusion
  ch. 4 Customary International Law
  I. Introduction
  II. Definition of Customary International Law
  III. General State Practice
  IV. Accepted as Law
  V. Actions in Contravention of Customary International Law
  VI. Jus Cogens
  VII. Sources & Legal Research Process for Customary International Law
  A. Subsidiary Means for the Determination of an Existing Rule of Customary International Law
  i. Research to Find Judicial Decisions to Show Evidence of Existing Customary International Law
  ii. Research to Find the Teachings of the Most Highly Qualified Publicists to Show Evidence of Existing Customary International Law
  iii. Research to Find Codification Treaties to Show Evidence of Existing Customary International Law
  B. Updating Subsidiary Sources of Customary International Law
  C. Finding Evidence of Rules of Customary International Law That Have Yet to Be Identified or Are New Rules
  i. Treaties and Other Diplomatic Acts and Correspondence to Show State Practice and Opinio Juris
  ii. National Legislation
  iii. National Decisions and State Filings in International Tribunals
  iv. Conduct in Connection with Resolutions Adopted by an International Organization or at an Inter-governmental Conference
  v. Employing a Subject Matter Approach
  VIII. Conclusion
  ch. 5 General Principles Accepted as Law
  I. Background
  II. Research Process
  III. Conclusion
  ch. 6 Teachings of Highly Qualified Publicists as Subsidiary Sources
  I. Introduction
  II. Sources for Teachings of Highly Qualified Publicists
  A. Restatements of the Law
  B. International Law Association Materials
  C. Institut de Droit International Materials
  D. International Law Commission Materials
  E. Law Reviews
  i. Sources for Law Reviews
  ii. Searching for Law Review Articles Full Text
  iii. Searching for Law Review Articles Using an Index
  iv. Updating Law Review Articles
  F. Legal Treatises
  i. Finding Legal Treatises
  ii. Updating Legal Treatises
  G. Finding Law Reviews and Treatises (Writings of Highly Qualified Publicists) in a Foreign Jurisdiction
  III. Conclusion
  ch. 7 World Judicial Decisions
  I. Introduction
  II. Growth in the Number of International Courts and Tribunals
  III. Weight of Authority of Judicial Decisions & The Doctrine of Stare Decisis
  IV. Compulsory Jurisdiction and Enforcement of Judgments
  V. Research Process for Finding World Judicial Decisions Generally
  VI. Selected Examples of Resources for World Judicial Decisions
  A. International Court of Justice and Permanent Court of International Justice
  B. International Criminal Court
  C. International Criminal Tribunal for Yugoslavia / International Criminal Tribunal for Rwanda
  D. European Court of Justice and European Court of Human Rights
  E. Specialty International Tribunals
  F. Regional Courts
  - Africa/Americas/Asia
  VII. Conclusion
  Appendix
  - Chart of International Judicial Decisions
  ch. 8 Secondary Sources
  I. Introduction
  II. Types of Secondary Sources
  A. Dictionaries
  B. Legal Encyclopedias
  C. Words and Phrases
  D. American Law Reports
  E. Bar Journals
  F. Practice Materials
  G. Legal Blogs
  H. Newspapers
  I. Secondary Sources often used for Customary International Law Research: Commentaries, Government Gazettes, Yearbooks, Restatements, Law Reviews and Legal Treatises
  III. General Research Strategy for Secondary Sources
  IV. Conclusion
  ch. 9 Use of Finding Aids, Arrangement of the Law, and Search Techniques
  I. Introduction
  II. Retrieval of a Source with a Known Citation
  III. Search Using Finding Aids
  A. Spine of Book
  B. Indexes
  i. Back of Book Index
  ii. Bibliographic Index
  C. Specialty Indexes
  D. Table of Contents
  E. List of Acronyms
  F. Table of Authorities
  G. Table of Cases
  H. Conversion Tables and Translation Tables
  I. Popular Name Table
  J. Catalogs
  K. Abstracts
  IV. Search by Subject and Topic
  A. Arrangement of ASIL's Electronic Information System for International Law
  B. Arrangement of the United Nations Multilateral Treaties Deposited with the Secretary General
  C. Arrangement of United States Treaties in Force
  D. Library of Congress Subject Headings
  E. West's Topic & Key Number Arrangement
  F. Digests
  IV. Natural Language Search and Boolean Search
  i. Natural Language Search
  ii. Boolean Search
  iii. Multiple Language Synonyms
  iv. Search by Field in Online Subscription Databases
  v. Search by Field Online
  vi. Search by Command
  V. Comparing Search Approaches and Tools
  VI. Control Strategies for Various Search Techniques
  VII. Conclusion
  ch. 10 Planning and Recording Research
  I. Introduction
  II. Elements of a Plan
  A. Time Constraints & Deadlines
  B. Format of the End Product
  C. Cost Considerations
  D. Relevant Facts
  E. Search Terms
  F. Assessment of What Is Known
  G. Preliminary Issue Statements & Jurisdiction Considerations
  H. Research Guides & Tools to Consult during the Planning Phase
  i. Research Guides
  ii. Tools to Identify Legal Traditions
  iii. Tools to Handle Citations and Abbreviation Decoding Strategies
  iv. Translation Tools
  I. Identification of the Titles of the Sources of Law & the Publications or Online Databases That Contain Those Sources of Law
  J. Updating
  K. Summary
  III. Research Logs
  -Implementing the Plan
  A. Order for Carrying Out the Research Plan
  B. Keeping Track of Research in a Log
  C. Level of Detail Included in Log
  i. Source Field of the Research Log
  ii. How Accessed Field of the Research Log
  iii. Results Field of the Research Log
  iv. Notes/Thoughts Field of the Research Log
  v. Current-Through Field of the Research Log
  IV. Conclusion
  ch. 11 Cultural Competencies
  I. Introduction
  II. Codes of Conduct, Ethical Rules, and Bar Admission Requirements
  III. Researching and Understanding Selected Legal Systems and Traditions
  IV. Sources of Law in Common Law Legal Traditions
  V. Sources of Law in Civil Law Legal Traditions
  VI. Sources of Law in Religious-Based Legal Systems
  VII. Sources of Law in Custom-Based Legal Systems
  VIII. Sources of Law in Mixed Legal Traditions or Pluralistic Legal Traditions
  IX. Resources and Research Process for Selected Jurisdictions
  A. Argentinian Law Research
  i. Human Rights: Argentina
  B. Brazilian Law and Research
  i. Human Rights: Brazil
  C. Chinese Law and Research
  i. Human Rights: China
  D. Japanese Law and Research
  i. Human Rights: Japan
  X. Conclusion.