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International legal research in a global community / Heidi Frostestad Kuehl, Megan A. O'Brien.
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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.
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Other Contributors/Collections:O'Brien, Megan A., author.
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Published/Created:Durham, North Carolina : Carolina Academic Press, [2018]
©2018
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Holdings
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KZ1234 .K84 2018
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Legal research.
International law.
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Description:xix, 219 pages ; 23 cm
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Series:International legal research series.
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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.
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Notes:Includes bibliographical references and index.
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ISBN:9781611631999 (paperback)
1611631998 (paperback)
9781531008345 (e-ISBN)
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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.