Research pil 20140124

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Researching Researching Public International Law Public International Law Charlotte Gill Charlotte Gill Research Librarian, Law Research Librarian, Law Jan 2014 Jan 2014

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Transcript of Research pil 20140124

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Researching Researching Public International LawPublic International Law

Charlotte GillCharlotte GillResearch Librarian, LawResearch Librarian, Law

Jan 2014Jan 2014

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OverviewOverview

IntroductionIntroduction Books and Journal ArticlesBooks and Journal Articles Key concepts Key concepts Research GuidesResearch Guides Key documentsKey documents Researching TreatiesResearching Treaties Travaux PréparatoiresTravaux Préparatoires Case LawCase Law

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No single sourceNo single source

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Books and Journal Articles Books and Journal Articles

The Library offers access to a selection of The Library offers access to a selection of books and and journals on on international law. international law.

Search for journal articles using the following databases. Search for journal articles using the following databases. PYXIS + Westlaw International Lexis HeinOnline

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SILS SILS

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Singapore and International Law Singapore and International Law

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Key conceptsKey concepts

Max Planck Encyclopedia of Public International Law (MPEPIL)

A useful resource for introductions to essential concepts A useful resource for introductions to essential concepts and recent developments in public international law.and recent developments in public international law.

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Research GuidesResearch Guides

Electronic Resources for International Law The The American Society for International Law American Society for International Law

An Introduction to Public International Law Research By Vicenç Feliú (May/June 2010) NYU GlobalexNYU Globalex

Hoffman, M. & Rumsey, M. International and Foreign Legal Research: a Coursebook (Leiden : Martinus Nijhoff Publishers, 2008.)

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Research Guides on Specific TopicsResearch Guides on Specific Topics

European UnionProvides an overview of the instruments, documents, and other Provides an overview of the instruments, documents, and other resources for researching the European Union, a legal system resources for researching the European Union, a legal system based on a "supranational" legal framework.  based on a "supranational" legal framework. 

International Human RightsThe focus of this chapter is on the main organizations which The focus of this chapter is on the main organizations which promulgate human rights instruments: the United Nations, the promulgate human rights instruments: the United Nations, the Council of Europe, the International Labour Organization, the Council of Europe, the International Labour Organization, the Organization of American States, and many others. The Organization of American States, and many others. The chapter points to Web sites for locating primary documents, chapter points to Web sites for locating primary documents, including international instruments, case law, and other relevant including international instruments, case law, and other relevant information. It also provides links and tips for locating information. It also provides links and tips for locating secondary sources, such as country reports, NGO secondary sources, such as country reports, NGO documentation, and periodical literature.  documentation, and periodical literature. 

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GlobalexGlobalex

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Globalex- International LawGlobalex- International Law

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Key documentsKey documents

Charter of the United Nations (1945)  (1945)   Statute of the International Court of Justice (1945)  (1945)   Universal Declaration of Human Rights (1948) (1948) 

A useful resource for locating citations to many A useful resource for locating citations to many important treaties and agreements is important treaties and agreements is 

Frequently-Cited Treaties and Other International Agreements.

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Researching TreatiesResearching Treaties

An Introduction to Sources for Treaty Research

By Mark Engsberg and Mary Beth Chappell (2011) Available on Globalex

Table of Contents

A. Introduction

B. Treaties and International Agreements

C. A Brief Treaty Lexicon

D. Locating Treaty Texts

E. Multilateral Treaties

F. Bilateral Treaties: US not a Party

G.  Electronic Sources for Treaty Research1. Free Internet Resources

2. Subscription Databases

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Researching TreatiesResearching Treaties

Some important questions to ask before starting your Some important questions to ask before starting your research:research:

Is it a bilateral or multilateral treaty?Is it a bilateral or multilateral treaty? Who are the parties to the treaty?Who are the parties to the treaty? Is the treaty in force?Is the treaty in force? Has the treaty been signed, ratified, repudiated, or Has the treaty been signed, ratified, repudiated, or

modified?modified? Are there reservations to the treaty?Are there reservations to the treaty? Is there an international organization that oversees or Is there an international organization that oversees or

administers international law in the subject area of the administers international law in the subject area of the treaty?treaty?

(Introduction to Public International Law Research By Vicenç Feliú , 2010 http://www.nyulawglobal.org/Globalex/Public_International_Law_Research1.htm#_Researching_Treaties ) )

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Singapore Treaties and AgreementsSingapore Treaties and Agreements

““The Singapore Treaties Database, maintained by the The Singapore Treaties Database, maintained by the Attorney-General´s Chambers, contains records of Attorney-General´s Chambers, contains records of treaties to which Singapore is a party, including treaties to which Singapore is a party, including exchanges of letters, memoranda of understanding, exchanges of letters, memoranda of understanding, and other agreements regarded as treaties under and other agreements regarded as treaties under international law. Key treaties are available in full-text international law. Key treaties are available in full-text format.” format.”

This database is accessible via This database is accessible via LawNet

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Multilateral TreatiesMultilateral Treaties

UN Treaty Collection

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NUS–Centre for International Law (CIL)NUS–Centre for International Law (CIL)For ASEAN Treaties For ASEAN Treaties

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Researching TreatiesResearching Treaties

Additional sourcesAdditional sources Council for Europe, Treaty Office ECOLEX Web-site on the environmental law information and legislation. Web-site on the environmental law information and legislation. www.ecolex.org Environmental treaties and Resource Indicators - Environmental treaties and Resource Indicators - online service for accessing multilateral online service for accessing multilateral

environmental treaty data. environmental treaty data. FAO Conventions and Agreements – – Geneva Conventions Hague ConventionsHague Conventions International Criminal CourtInternational Criminal Court International Labour OrganizationInternational Labour Organization International Maritime Organization International Monetary FundInternational Monetary Fund UNESCOUNESCO United Nations Environment ProgrammeUnited Nations Environment Programme World Health OrganizationWorld Health Organization World Intellectual Property OrganizationWorld Intellectual Property Organization World Trade Organization World Trade Organization Food and Agriculture Organization of the United Nations List of Inter-Governmental Organisations (IGOs)

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Travaux PréparatoiresTravaux Préparatoires

Pratter’s guide provides a very useful framework for Pratter’s guide provides a very useful framework for researching Travaux Préparatoires.researching Travaux Préparatoires.

À la Recherche des Travaux Préparatoires: An À la Recherche des Travaux Préparatoires: An Approach to Researching the Drafting History of Approach to Researching the Drafting History of International Agreements International Agreements By Jonathan Pratter By Jonathan Pratter (May/June 2012) (May/June 2012) . .

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Case LawCase Law

International Court of Justice (ICJ) List of Contentious Cases by date of introduction List of Advisory Proceedings referred to the Court since 1946 b

y date of introduction Pending Cases (Case(s) currently being heard or under (Case(s) currently being heard or under

deliberation)deliberation)

ICJ judgments are also available on ICJ judgments are also available on Westlaw International Oxford Reports on International Law Lexis

Legal Legal >> Area of Law - By Topic Area of Law - By Topic  > International Law > International Law

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Case LawCase Law

Also available on Also available on Oxford Reports on International Law::

decisions of other UN Bodies such as:decisions of other UN Bodies such as:

UN Human Rights Committee (UNHRC)UN Human Rights Committee (UNHRC) UN Committee Against Torture (CAT)UN Committee Against Torture (CAT) UN Committee on the Elimination of All Forms of UN Committee on the Elimination of All Forms of

Discrimination against Women (CEDAW)Discrimination against Women (CEDAW) International Tribunal for the Law of the Sea (ITLOS)International Tribunal for the Law of the Sea (ITLOS)

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Case lawCase law

European Court of Justice (ECJ) Associated with dealing with commercial and social issues Associated with dealing with commercial and social issues

within the within the EU http://europa.eu/index_en.htm

Case law available on theCase law available on the ECJ website ECJ website http://curia.europa.eu/jcms/jcms/j_6/home Eur-lex Eur-lex http://eur-lex.europa.eu/JURISIndex.do?ihmlang=en Westlaw International Lexis

Legal  >> Area of Law - By Topic  > International Law > International Law

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Case LawCase Law

European Court of Human Rights (ECHR) Associated with the Associated with the Council of Europe and dealing principally and dealing principally

with human rights issues.with human rights issues. Some ECHR decisions are appeals from domestic courts of EU Some ECHR decisions are appeals from domestic courts of EU

Member countries, which are available on Member countries, which are available on Justis

ECHR Case law is available via the:ECHR Case law is available via the: HUDOC Portal provides free online access to the case-law of the European provides free online access to the case-law of the European

Court of Human Rights, the European Commission of Human Court of Human Rights, the European Commission of Human Rights and the Committee of Ministers.  Rights and the Committee of Ministers. 

The judgments, decisions, resolutions and reports of these The judgments, decisions, resolutions and reports of these bodies are held in a database and are searchable.bodies are held in a database and are searchable.

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Case lawCase law

International Criminal Court (ICC) ““The International Criminal Court (ICC) is an independent, The International Criminal Court (ICC) is an independent,

permanent court that tries persons accused of the most serious permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, against humanity and war crimes. The ICC is based on a treaty, joined by joined by 110 countries.

The jurisdiction and functioning of the ICC are governed by the The jurisdiction and functioning of the ICC are governed by the Rome Statute..”” (Source: ICC) (Source: ICC)

Official Journal of the International Criminal Court

Westlaw International (All documents released by the Westlaw International (All documents released by the International Criminal Tribunal for Rwanda and the International International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia. Coverage begins Criminal Tribunal for the former Yugoslavia. Coverage begins with 1995.)with 1995.)

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Case lawCase law

Investor-State ArbitrationInvestor-State Arbitration

International Centre for Settlement of Investment Disputes (ICSID)

The ICSID is an autonomous institution established under the The ICSID is an autonomous institution established under the Convention on the Settlement of Investment Disputes between Convention on the Settlement of Investment Disputes between States and Nationals of Other StatesStates and Nationals of Other States

The mandate, organization and core functions of the ICSID are The mandate, organization and core functions of the ICSID are governed by the governed by the ICSID Convention (Source: ICSID)(Source: ICSID)

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Investment Claims

The database contains a number of different types of content: Arbitral awards, Arbitral decisions, OPIC decisions, Court decisions, Books, Journal and yearbook articles, Investment treaty overviews, National legislation, Multilateral and bilateral investment treaties, Arbitral rules, relevant Guidelines and Conventions.

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Digital Archive CollectionsDigital Archive Collections

Center for Human Rights Documentation and Center for Human Rights Documentation and Research(Columbia University Libraries)Research(Columbia University Libraries)http://www.columbia.edu/cu/lweb/indiv/humanrights/archive_collhttp://www.columbia.edu/cu/lweb/indiv/humanrights/archive_collections/hrw.htmlections/hrw.html

The Nuremberg Trials Project: A Digital Document Collection The Nuremberg Trials Project: A Digital Document Collection (Harvard Law School)(Harvard Law School)http://nuremberg.law.harvard.edu/php/docs_swi.php?http://nuremberg.law.harvard.edu/php/docs_swi.php?DI=1&text=overview  A searchable collection of the document DI=1&text=overview  A searchable collection of the document analyses and full texts of the trial transcripts. analyses and full texts of the trial transcripts.

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Research GuideResearch Guidehttp://researchguides.smu.edu.sg/PILhttp://researchguides.smu.edu.sg/PIL

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Q &AQ &A