Researching International Law
by Annette Demers BA LLB MLIS
International Law
International Law
Public International Law – law between nations.
International Law
Sources
Article 38
“1. The Court, whose function is to decide in accordance
with International Law such disputes as are submitted to it,
shall apply:
a. international conventions
b. international custom
c. general principles of law
d. judicial decisions and the teachings of the most
highly qualified publicists;
Statute of the ICJ, 26 June 1945, Can TS 1945 no 7, Article 38, BTS 1946 no 67 (entered
into force 24 October 1945. Ratification by Canada 09 November 1945).
International Law
Secondary Sources
BOOKS
Library
Catalogue
WorldCat
Harvard
International Law
Secondary Sources
REFERENCE MATERIALS
Max Planck Encyclopedia of International Law
Oxford International Law Dictionary
Oxford Encyclopedia of Human Rights
Oxford Guide to Latin in International Law
International Law
Secondary Sources
JOURNAL ARTICLES
Westlaw Canada
-”WORLD-JLR”
Quicklaw
-”Law Reviews, CLE, Legal Journals & Periodicals Combined”
+ ”All Canadian Legal Journals”
+ ”Law Reviews with International Focus”
+ “International Law Review Articles, Combined”
HeinOnline
International Law
Treaty Research Includes
1. Citing it.
2. Citing treaties requires that you understand the status of a treaty:
a) Is it in force?
b) The date and place of signature
c) What countries signed it
d) What countries have ratified it
3. Locating the Full Text of a Treaty
International Law
CITING A TREATY
Rome Statute of the International Criminal Court, 18 December 1998, Can TS
2002 No 13, Art 126, 2187 UNTS 3 (entered into force 01 July 2002, ratification
by Canada 07 July 2000).
International Law
Sample CIF Provision
1. This Statute shall enter into force on the first day of
the month after the 60th day following the date of the
deposit of the 60th instrument of ratification,
acceptance, approval or accession with the Secretary –
General of the United Nations.
Rome Statute of the International Criminal Court, 18 December 1998, Can TS
2002 No 13, Art 126, 2187 UNTS 3 (entered into force 01 July 2002, ratification
by Canada 07 July 2000).
International Law
Canada Treaty Series
Locate status information and citation using Canada Treaty Information website
http://www.treaty-accord.gc.ca
Example:
Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption
International Law
Try it!
Use the Canada Treaty Information website to
find the citation to this treaty:
Convention on the Civil Aspects of International
Child Abduction
International Law
Finding Treaties
1. Every treaty and every international agreement entered into by any
Member of the United Nations …shall as soon as possible be registered
with the Secretariat and published by it.
No party to any such treaty or international agreement which has not
been registered in accordance with the provisions of paragraph 1 of this
Article may invoke that treaty or agreement before any organ of the
United Nations.
Charter of the United Nations, 26 June 1945, Can TS 1945 No 7, Art 102, BTS
1946 No 67 (entered into force 24 October 1945. Ratification by Canada 09
November 1945).
International Law
United Nations Treaty Series
https://treaties.un.org
Provides both:
1. Full text of treaties in the UN Treaty Series.
2. Status of treaties deposited with the UN.
International Law
Finding Treaties
United Nations Treaty Series – Free online.
International Law
Finding Treaties
International Law
Finding Treaties
International Law
Try it!
Use the UN Treaty Series Popular Names
website to find out when this treaty was signed
by the United Kingdom:
Berne Convention for the Protection of Literary
and Artistic Works
International Law
Finding Treaties by Citation
Treaty Between the United States of America and the Republic of Uruguay
Concerning Encouragement and Reciprocal Protection of Investment, 25
October 2004, 44 ILM 268.
International Law
Locating Abbreviations
-Cardiff Index Online
http://www.legalabbrevs.cardiff.ac.uk
or
Mary Miles Prince, Bieber’s Dictionary of Legal Abbreviations, (Buffalo, N.Y.:
W.S. Hein, 2001).
and
Christian L. Wiktor, Multilateral Treaty Calendar 1648-1995, (The Hague: M.
Nijhoff Publishers, 1998).
International Law
Finding Treaties by Citation
Sample citations:
ILM – International Legal Materials
UNTS – United Nations Treaty Series
Can TS – Canadian Treaty Series
BFSP – British Foreign and State Papers
Comm – UK Command Papers
+ many others.
International Law
Locating Treaties
Canada Treaty Series – Print Only
United Nations Treaty Series – Online
International Legal Materials – Hein
US Treaties – QL, West, Hein
International Law
Try it!
Use International Legal Materials on HeinOnline
to locate this treaty:
Treaty Between the United States of America
and the Republic of Uruguay Concerning
Encouragement and Reciprocal Protection of
Investment, 25 October 2004, 44 ILM 268.
International Law
Status of Treaties
You may need:
-date and place of signature
-signature, accession or succession
-date of ratification
-commencement date
-for Canada, implementation statute
-reservations filed
International Law
Status of Treaties
Baker v Canada (Minister of Citizenship and Immigration,
[1999] 2 SCR 817 ¶ 7-11, 69-72, 76-77, 174 DLR (4th) 193.
69 “Another indicator of the importance of considering the interests of children
when making a compassionate and humanitarian decision is the ratification by
Canada of the Convention on the Rights of the Child, and the recognition of the
importance of children’s rights and the best interests of children in other
international instruments ratified by Canada. International treaties and
conventions are not part of Canadian law unless they have been implemented
by statute… I agree with the respondent and the Court of Appeal that the
Convention has not been implemented by Parliament. Its provisions therefore
have no direct application within Canadian law.
70 Nevertheless, the values reflected in international human rights law may
help inform the contextual approach to statutory interpretation and judicial
review…”
International Law
Status of Treaties
Where to find status info:
-Canada Treaty Information website
-UN Status of Multilateral Treaties site
-US Treaty Actions website
International Law
THANK YOU!
Annette Demers
ademers@uwindsor.ca
http://www.uwindsor.ca/law/library
International Law