International Legal Research in a Nutshell
Author:
Hoffman, Marci B.
Edition:
3rd
Copyright Date:
2021
26 chapters
have results for international legal research
Chapter 2. Some Basics as You Begin 25 results (showing 5 best matches)
- Guide to International Legal Research
- One of the most important tenets of carrying out efficient legal research is to find someone who has done the work for you. No matter what research problem one encounters, it is likely that someone has worked on it before. The people who work in the international legal research community have a true egalitarian spirit, and many have tried to leave a map for those who follow. For example, many international law librarians and lawyers create research guides that focus on a particular topic or
- GlobaLex is a useful collection of research guides covering a variety of international law topics and foreign jurisdictions.
- If you are new to international legal research, you will not get very far before you encounter something confusing. Many terms, phrases, and abbreviations used in international law are unfamiliar to the typical U.S. researcher. The good news is that just as with the abbreviations that appear in American legal materials, you do not have to memorize every one of them. The skill you need is the ability to look up what an abbreviation means. The following sources may be useful for finding definitions and for deciphering the alphabet soup of international organizations and materials.
- There are many classic works in international law, and these are good places for the novice to get familiar with the framework of this topic. Some of the most highly regarded include Ian Brownlie,
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Chapter 6. International Case Law 48 results (showing 5 best matches)
- Judicial decisions are the bread and butter of research for the American legal researcher. The same is not true for research in international law. Since there is no single source of authority to enforce the judgments of an international court or tribunal, international case law has never been as central to the research enterprise. As globalization continues to increase, the role for international decision-making bodies has grown in response.
- There are several other international courts and tribunals, all of which issue decisions relevant to a variety of international research topics. Below we list them, with relevant links provided.
- For more help with researching international arbitration, see the Berkeley Law research guide on International Commercial Arbitration.
- Finally, books, articles, and research papers are all good for delving into the issues surrounding these bodies. For example, if you are interested in the legal reasoning behind the establishment of Extraordinary African Chambers in the Senegalese Courts (EAC), you would want to read Sara Williams’ article called “The Extraordinary African Chambers in the Senegalese Courts: An African Solution to an African Problem?,” 11
- Interest in the body of case law from international courts and tribunals has increased over the years, and the tools for accessing this information have developed as well.
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Chapter 12. General Research Strategies 26 results (showing 5 best matches)
- If the subject of this Nutshell is International Legal Research, why would there be a chapter about general research strategy? Think of your author as a missionary who preaches a gospel of good research habits. I hope that you have developed solid researching skills from your general experience with legal materials, but at the very least, I want to reinforce them. As you gain experience as a legal researcher, your skills, habits, and methodology will also develop. Working with international legal materials can help you reflect on your more general research habits and patterns. And there is the view
- Keep in mind that there are not always electronic databases to check for updates to laws of other jurisdictions. Indeed, most jurisdictions do not have equivalents to Shepard’s or Keycite. American legal information is by far the most developed; do not assume that other countries or international bodies have similar research tools. The internet allows the researcher to do some incredible research, but the variation in available research tools is stunning.
- Primary sources are the law—statutes, case law, regulations, treaties, etc. When researching foreign and international law, keep in mind that each legal system is a snowflake in that no two are exactly the same. We guide you to sources that will help you find out the sources in each system. Be sure to use them.
- You may need non-legal information, such as dates, statistics, and economic or political data. Once again, the indexes and secondary source material discussed in the various chapters of this Nutshell will help you out. A good journal article in a non-legal publication might provide invaluable background. International law exists in the world of international politics and relations. Consult
- If using books, be sure to consult pocket parts or supplements, if available. American legal researchers are accustomed to fast and almost seamless updating of materials. International materials may move more slowly and be updated at a stately pace. Know the vintage of what you are using.
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Preface 2 results
Chapter 3. Foreign and Comparative Law 54 results (showing 5 best matches)
- The focus of this Nutshell is researching international law. Though international law is distinct from foreign and comparative law, I recognize that those doing international legal research often end up doing some foreign legal research as well. While research in comparative law used to be the province of academic writers, there is a greater interest in comparing laws and procedures than ever before. Therefore, it makes sense to cover it in this book as well, and I will address researching foreign and comparative law in this chapter. The field of foreign law is a vast one, so be forewarned that I will not go into great detail for any specific country. My goal will be to provide some basic strategies for locating and researching the domestic law of another country—also known as foreign law—with a bit of comparative law research advice in the section that follows.
- Legal researchers are fortunate that the web is such a useful vehicle for accessing country-specific legal research guides. The following web search (using your favorite search engine) is effective for locating such guides—[name of country] legal research guide. These collections are also good places to check for research guides:
- While there is no other source that covers as many countries as the Foreign Law Guide, there are a few other basic sources to consult at the start of any research project. You might also check the
- While research methods will vary depending on the country you are researching, when beginning to research a legal system, it’s a good idea to get a basic understanding of the structure of that legal system. There are several ways to do this. First, determine if the country in question is a civil law system based upon codes that draw upon a Roman law heritage; a common law system (such as the U.S.) that springs from English tradition; or a mixed system. Some legal systems are also influenced by religious law or by custom. A quick way to determine the type of system for the country in question is to consult the free website JuriGlobe-World Legal Systems.
- As noted above, using a research guide or an introductory source is a good place to begin researching the law or legal system of another country. Most of these kinds of tools will outline the structure of the legal system and the sources of law that are available. You can find research guides and introductions in journal articles or in chapters of a more general book.
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Chapter 8. United Nations 57 results (showing 5 best matches)
- The U.N. documentation system is a massive enterprise, and the legal researcher will never touch many of the documents issued by the U.N. An excellent overview of the legal materials issued by the U.N. is contained in the research guide “United Nations Documentation: International Law.”
- Each of these bodies issues documents and reports; see the “U.N. Documentation: International Law” research guide for an explanation of these materials.
- The Audiovisual Library of International Law
- For more assistance with researching U.N. documents, see the collection of research guides from the Dag Hammarskjöld Library.
- See Maureen Ratynski Andersen, “Where to Begin . . . When You Don’t Know How to Start: Tips for Researching U.N. Legal Material
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Chapter 1. Introduction and Basic Concepts 37 results (showing 5 best matches)
- Researching international and foreign law requires that you look at a variety of sources for law and for commentary. You will encounter tools that are not familiar parts of the usual American legal research problem. The sources of law and secondary materials will be available in many different print and electronic sources. Though some may look quite different than what you are accustomed to using, there are more similarities than differences. Throughout this Nutshell, you will learn about many types of legal materials, including books, documents, commercial databases, freely available websites, journal articles, and people. Research in international law is becoming more straightforward every day. This is a good thing because if you are a
- Researching international, foreign, comparative, or transnational law requires a basic understanding of some key concepts before delving into the sources. Many terms employed in international, foreign, and comparative research are used interchangeably, and in the past, have been used sloppily. Before beginning your research, you will need to understand a bit of background about what you are doing. This Nutshell will focus primarily on researching international law, but there is also some coverage of foreign law. Before we begin, some basic definitions are necessary so you
- In the past few decades, the role of international law has changed dramatically. The increasing pace of globalization has moved international law to center stage. Some law schools have integrated international or transnational features into their curricula by adding components to the regular first-year courses; some now require a specialized course on transnational or international law; and more and more schools are offering a wide range of classes on international topics. Even a lawyer who intends to spend her life practicing law in her home state will find international issues impinging on her work. These developments combine to make basic international legal research a necessary skill for every lawyer. The need for this Nutshell grows every day.
- Public international law governs the relationships between national governments, the relationships between intergovernmental organizations, and the relationships between national governments and intergovernmental organizations. It regulates governments and intergovernmental organizations across national boundaries. In the older world of international law, before the development of world markets and the dizzying variety of international and transnational bodies of today, public international law was the primary focus of research. While it is still important, today it is only the beginning.
- concepts that will be used throughout this book. By no means do I hope to cover all the terminology encountered when doing research in this area. Indeed, much of the study of international and foreign legal systems is laden with unfamiliar terms. To alleviate this problem, I will outline some background sources in Chapter 2. But this is a Nutshell, so it will use a very broad brush to paint a very complicated picture.
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Chapter 5. Customary International Law and General Principles of Law 60 results (showing 5 best matches)
- Customary international law is difficult to research. The sources are scattered, not well indexed, may lack legal terminology, and may only be available in the vernacular. Secondary sources are the best source for locating evidence of customary international law.
- For more assistance with researching customary international law and general principles, try using another guide called “Researching Customary International Law, State Practice and the Pronouncements of States regarding International Law.”
- When researching customary international law, the objective is to find evidence of the relevant State practice. Evidence of State practice is found in a variety of primary source materials. In 1950, the International Law Commission listed the following as evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations. This list, which was not intended to be exhaustive, is a useful starting point and a basis for discussion.
- “The basic notion is that a general principle of international law is some proposition of law so fundamental that it will be found in virtually every legal system. When treaties and customary international law fail to offer a needed international rule, a search may be launched in comparative law to discover if national legal systems use a common legal principle. If such a common legal principle is found, then it is presumed that a comparable principle should be attributed to fill the gap in international law.”
- While all of the sources noted above are important for researching customary international law, probably the best resource for U.S. legal researchers is the
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Chapter 10. Commentary and Analysis 33 results (showing 5 best matches)
- If researching international law is new to you, consider starting your research with sources that contain commentary and analysis—books, articles, working papers, and other secondary sources. Reviewing commentary and analysis early in the research process will provide you with an introduction to an unfamiliar topic; provide citations to relevant laws and documents; allow you to gain an understanding of the terms of art and other vocabulary; and keep you abreast of new legal developments. Gaining command of the context of your research is important in any field. But on questions of international law, where intuition may lead you down the wrong path, context is of special importance.
- Books are not the only place to begin your research. Journal articles are an important part of international and comparative legal research. They can provide good introductions to topics or detailed analysis. Even if you find the text of a journal article
- Using bibliographies as a research tool may seem old school; however, these lists of books and articles can be a good way to start your research. Oxford Bibliographies provides encyclopedia-like entries on various subjects within international law as well as annotated bibliographies of sources for further
- Here is an important tip for locating a broad range of legal journal literature in international law: do not rely solely on the full-text law review collections that you find on the Lexis, Westlaw, or HeinOnline databases. If you want to do thorough research, then you must use journal indexes to locate relevant literature.
- This area of international research, like others that we have seen, sometimes lives on the cutting edge of technology and sometimes can only be found in paper form in the stacks of a library. Keep an open mind as you research. Folks who only believe in paper or only live on the web will lose out.
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Chapter 9. Other International Organizations 27 results (showing 5 best matches)
- The more sophisticated IGOs have intricate documentation systems like this one. Some books and research guides explain the nature and organization of these documentary systems. See
- In recent decades, international organizations, meaning both intergovernmental organizations (IGOs) and nongovernmental organizations (NGOs), have developed into important players in the international legal community. Your research problem may center on one of these organizations, or you may need a document produced by one of them. Therefore, locating information that concerns them and finding their documentation is a necessary skill for one working in the area of international legal research. This Nutshell has already discussed the United Nations and the European Union, two international bodies which exert an enormous amount of influence in the world and which issue an impressive amount of information. The focus of this chapter is to set out the basics of researching IGOs and NGOs generally and to describe some strategies
- There is plenty of help available through research guides on the web. Simply search the name of the IGO and “research guide” using your favorite search engine. Some specific guides are available on GlobaLex, under the international law category.
- Also note some other terms of art when researching international organizations generally: international organizations (or organisations), inter-governmental organizations, IGOs, international agencies, international institutions, non-state actors, non-governmental organizations, NGOs, and civil society.
- Topical guides may also provide information about researching the documentation from various IGOs and NGOs. For example, Berkeley Law’s research guide on international human rights provides in-depth information on various human rights organizations.
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Chapter 11. Source Collecting and Cite Checking 49 results (showing 5 best matches)
- Law students are often asked to collect sources and to check citations for a journal or as a professor’s research assistant. These activities are very similar to normal research in international law, but the product of your research efforts will be more focused and tailored to the person who created the assignment. Though research problems are never exactly the same, we thought that it would be useful to provide an overview of how to go about source collecting and cite checking. We will give you some
- Note: International commercial arbitration and investor-state arbitration come up a lot when source collecting for international law journals. Consult a research guide for more guidance, such as Berkeley Law Research Guide: “International Commercial Arbitration.”
- Guide to Foreign and International Legal Citations
- Consult research guides on the web. These guides cover a variety of topics (treaties, foreign law, human rights, etc.) and are good for late-night guidance on locating sources. Remember that finding someone who has done the work for you is the aim of good
- Guide to Foreign and International Legal Citations
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Appendix A. Comprehensive List of Sources 202 results (showing 5 best matches)
- Guide to International Legal Research
- Researching Public International Law: Treatises,
- “A Selective List of Guides to Foreign Legal Research,” Columbia Law Library,
- Researching Customary International Law, State Practice and the Pronouncements of States regarding International Law,
- Amnesty International Research,
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Chapter 4. Treaties and International Agreements 39 results (showing 5 best matches)
- Treaties are basically written agreements between States that are governed by international law. Locating the text of a treaty, or researching information about a particular treaty, is one of the most common types of international legal research.
- If you want to research how treaties are implemented or interpreted in domestic legal systems, look for books and articles on “treaty-making power”, such as
- International courts are very useful for interpretation and analysis of treaties. Useful sources include international law yearbooks,
- The International Law Commission (ILC) is the body responsible for codifying written international law (treaties). Therefore, the ILC website contains draft documents, commentary, and other relevant
- If the treaty or conference was done under the auspices of an international organization, such as the U.N., look for documents using tools for locating such documents. See the United Nations Documentation Research Guide from Dag Hammarskjold Library
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Chapter 13. Staying Ahead of the Curve 36 results (showing 5 best matches)
- This blog is one of the first dedicated to international legal issues and the authors include academics, practitioners, and other international legal experts.
- The editors of the European Journal of International Law offer another forum for
- People are still great resources. Try Jumpstart Your Foreign, Comparative, and International Research.
- This blog covers conflict of laws (or private international law) around the globe. It covers research, cases, publications and more.
- of international legal updates. Some provide in-depth analysis of an issue. While not academic in nature, the articles are usually written by practicing lawyers and other legal professionals. Available in multiple languages.
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Acknowledgments 1 result
- I wish to thank Gus Tupper and Luke Miller (supported by the Miller Institute for Global Challenges and the Law) for their essential help making sure the manuscript is readable and that the links work. Not to mention correcting many of my mistakes. They are two of the many students who have asked me questions and listened to my lectures over the years. I wouldn’t know as much about international legal research if you all hadn’t bothered to take an interest. I also wish to thank Jay Miller for tolerating an open laptop at nights and weekends and my constant whining almost every evening.
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Appendix B. Websites Containing National Law 14 results (showing 5 best matches)
- Regulation of the Legal Profession (International Bar Association)
- This is not a comprehensive list, so check out the research guides and other sources noted in Chapter 3
- http://www.icnl.org/research/library/ol/
- This is not a comprehensive list, so check out the research guides and other sources noted in Chapter 3. Foreign Law Guide is a good source for information about country-specific subscription databases. Some of the databases contain laws in the vernacular and in English translation.
- https://library.law.yale.edu/research/guides/all-countries
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Chapter 7. European Union 22 results (showing 5 best matches)
- Note: This chapter was revised shortly after the United Kingdom’s exit from the European Union on January 21, 2020 (known as “Brexit”). The research methodology and resources addressed herein do not reflect any changes due to Brexit. Only time will tell how this decision will impact European Union legal research.
- Some Basics for Doing EU Legal Research
- EU Legal Research
- Research Guide: European Union Legal Materials.
- Of particular importance to the legal researcher is EUR-Lex.
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Appendix D. Planning Your Research and Organizational Tools 16 results (showing 5 best matches)
- A Zotero-variant that has been modified to support legal writing and multilingual research.
- A research plan can take many forms. It could be scribbled notes on a piece of paper or sticky note, or a more formal approach using Word or Excel. A research plan can also be the basis of a research log. A research log is a record of your research process and it can be used to take notes about how and where you found useful materials and how you plan to use them in your research. A log is also a good place to note useful sources to go back to later as you refine your project with additional research and analysis. And here’s a bonus, creating a log can also help you build your overall research expertise. Here is a list of things that can be included in your log:
- If you have reached this appendix, hopefully you have already reviewed (maybe even read) Chapter 12 on general research strategies. As noted in this chapter, it’s always a good idea to take a few minutes before you begin your research and create a research plan. A plan is even more important for tight time deadlines, although it may not seem like you have the time. A few minutes spent on a research plan can actually save you time and keep you on track.
- Planning Your Research and Organizational Tools
- Research Plan
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Appendix C. Web Treaty Collections 16 results (showing 5 best matches)
- United Nations, Office of Counter-Terrorism, International Legal Instruments
- https://www.un.org/counterterrorism/international-legal-instruments
- International Investment Agreements Navigator (UNCTAD)
- https://www.wto.org/english/docs_e/legal_e/legal_e.htm
- WorldLII, International Treaties Collection
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Index 37 results (showing 5 best matches)
Outline 20 results (showing 5 best matches)
Abbreviations and Acronyms 20 results (showing 5 best matches)
Copyright Page 1 result
- Publication Date: May 7th, 2021
- ISBN: 9781684675845
- Subject: Legal Research
- Series: Nutshells
- Type: Overviews
-
Description:
This Nutshell provides a basic introduction to international and foreign legal research for the non-specialist. It offers guidance through the unfamiliar pathways of research using international and non-US legal materials and demystifies the world of treaties and international case law. Since it’s aimed at the non-specialist, it provides straight-forward background information on the United Nations and the European Union and includes guidance using the documents and legal materials of these institutions. There are extensive links to the rich world of Web resources, but it also describes print research tools that remain important in this field. It also sets out a road map for approaching a research problem involving international, foreign and comparative law. Finally, there is information on keeping current on new information and resources as well as tips for how to do handle source collection and cite-checking an international law journal article.
Additional teaching materials are available for this title, and include online links to research sources noted in the book:
