Cambridge Journal of International and
Comparative Law
GUIDE TO INTERNATIONAL LEGAL CITATION
[Version 1.4]
Current at October 2014
1
EDITOR, n. A person who combines the judicial functions of
Minos, Rhadamanthus and Aeacus, but is placable with an
obolus; a severely virtuous censor, but so charitable withal
that he tolerates the virtues of others and the vices of
himself; who flings about him the splintering lightning and
sturdy thunders of admonition till he resembles a bunch of
firecrackers petulantly uttering his mind at the tail of a dog;
then straightway murmurs a mild, melodious lay, soft as the
cooing of a donkey intoning its prayer to the evening star.
Master of mysteries and lord of law, high-pinnacled upon the
throne of thought, his face suffused with the dim splendors of
the Transfiguration, his legs intertwisted and his tongue acheek, the editor spills his will along the paper and cuts it off
in lengths to suit. And at intervals from behind the veil of the
temple is heard the voice of the foreman demanding three
inches of wit and six lines of religious meditation, or bidding
him turn off the wisdom and whack up some pathos.
– Ambrose Bierce, The Devil’s
Dictionary (1906)
2
PREFACE
The purpose of this Guide to International Legal Citation (GILC) is to provide a grounding in
basic copyediting for the editorial staff of the Cambridge Journal of International and
Comparative Law (CJICL).
Slightly more ambitiously (and perhaps naively), it also attempts to provide a comprehensive
and consistent style guide for international law sources in common circulation. As such, it is
intended to be a perpetually unfinished and evolving work – it may not possess all of the
answers to copyediting questions all of the time, but it is intended to provide most of the
answers most of the time. And so it goes.
The GILC has been prepared according to three key principles which run throughout:
1.
2.
3.
brevity and a lack of unnecessary material in each citation;
lack of clutter and extraneous punctuation in each citation;
comprehensiveness.
In the event that you as a copyeditor do not find the answers that you seek within its pages,
please do not hesitate to get in touch with the current ‘style tsar’ of the CJICL for further
instruction.
The GILC is based in large part on the Australian Guide to Legal Citation (3rd edn) (AGLC 3),1
as published by the Melbourne University Law Review in conjunction with the Melbourne
International Law Journal, for which due acknowledgement is given. If the GILC does not
cover a particular issue, then the answer may be found in the AGLC 3, though the general
operating principles of the GILC are considered paramount.
In this version 1.4 of the GILC, a new section on EU supranational materials has been added.
Many thanks to Ana Julia Mauricio (Managing Editor, CJILC) for her assistance in this
respect.
CAMERON A. MILES
Editor-in-Chief, CJICL
11 October 2013
1
Available at http://mulr.law.unimelb.edu.au/go/aglc [accessed 15 October 2012].
3
CONTENTS
I. GENERAL RULES ................................................................................................................ 6
A. General Principles of Editing .............................................................................................. 6
1. The applicability of the GILC and its evolution .............................................................. 6
2. General principles of the GILC ....................................................................................... 6
B. Footnotes .............................................................................................................................. 6
1. When to footnote .............................................................................................................. 6
2. The position of footnote numbers .................................................................................... 7
3. Multiple sources in footnotes ........................................................................................... 7
4. Full stops at the end of footnotes .................................................................................... 8
5. Pinpoint citation .............................................................................................................. 8
6. Introductory signals for citations .................................................................................... 8
C. Sources Referring to Other Sources and Subsequent References ........................................ 9
1. Sources referring to other sources ................................................................................... 9
2. Immediately subsequent references .............................................................................. 10
3. Cross-references ............................................................................................................. 10
D. Quotations ......................................................................................................................... 11
1. Short quotations ............................................................................................................ 11
2. Long quotations ............................................................................................................. 11
3. Editing quotes ................................................................................................................ 12
4. Quotes within quotes ..................................................................................................... 13
5. Punctuation within quotations ...................................................................................... 13
6. [sic] ................................................................................................................................. 14
F. Punctuation ....................................................................................................................... 14
1. Full stops ........................................................................................................................ 14
2. Em-Dashes, En-Dashes and Hyphens ........................................................................... 14
3. Quotation marks ............................................................................................................ 15
4. Numbering ..................................................................................................................... 15
G. Capitalisation .................................................................................................................... 16
H. Italicisation ....................................................................................................................... 17
1. Italicisation for emphasis .............................................................................................. 17
2. Italicisation of foreign words ......................................................................................... 17
I. Headings and Formatting .................................................................................................. 18
1. Article heading and author ............................................................................................ 18
2. Heading levels ................................................................................................................ 18
3. Formatting and paragraphs .......................................................................................... 19
II. PRIMARY SOURCES ........................................................................................................ 20
A. Treaties .............................................................................................................................. 20
1. Basic multilateral conventions ...................................................................................... 20
2. Subsequent references to treaties ................................................................................. 21
B. UN Materials ..................................................................................................................... 22
1. Constitutive documents ................................................................................................. 22
2. General Assembly resolutions ....................................................................................... 22
3. Security Council resolutions .......................................................................................... 23
4. Other UN documents ..................................................................................................... 23
C. ILC Materials .................................................................................................................... 25
1. The ILC Yearbook in general ......................................................................................... 25
2. Reports of the Special Rapporteurs ............................................................................... 26
3. ILC articles and draft articles ....................................................................................... 26
4. Unpublished ILC documents ......................................................................................... 27
4
D. PCIJ and ICJ .................................................................................................................... 27
1. The PCIJ: the basic rule ................................................................................................ 27
2. The ICJ: the basic rule................................................................................................... 28
3. Declarations, dissents and separate opinions ............................................................... 29
4. Subsequent references to judgments ............................................................................. 30
E. International Criminal Law.............................................................................................. 31
F. International Economic Law ............................................................................................. 31
1. WTO covered agreements .............................................................................................. 31
2. Official WTO documents ................................................................................................ 32
3. Panel, Appellate Body and arbitration decisions .......................................................... 32
G. Other International Decisions ........................................................................................... 33
1. International investment tribunals............................................................................... 33
2. Decisions of the International Tribunal for the Law of the Sea ................................... 34
H. European Union Materials ............................................................................................... 35
1. Official Journal of the European Union ....................................................................... 35
2. Constitutive Documents................................................................................................ 36
3. Judicial Decisions.......................................................................................................... 36
I. Supreme Court Edition ...................................................................................................... 37
1. Municipal law sources ................................................................................................... 37
2. UK unreported decisions ............................................................................................... 38
3. UK reported decisions .................................................................................................... 39
4. Municipal statutes ......................................................................................................... 40
III. SECONDARY SOURCES ................................................................................................ 41
A. Books.................................................................................................................................. 41
1. The basic rule ................................................................................................................. 41
2. Book chapters................................................................................................................. 41
3. Translated and ‘classic’ texts ......................................................................................... 42
4. Multi-volume works ....................................................................................................... 43
B. Journals............................................................................................................................. 43
1. The basic rule ................................................................................................................. 43
2. A word on journal title abbreviations ............................................................................ 44
C. Other Materials ................................................................................................................. 45
1. Internet sources ............................................................................................................. 45
5
I.
A.
GENERAL RULES
General Principles of Editing
The purpose of this section is not so much to describe any firm ‘rules’ of editing so much as to
set out the ‘general principles’ of editing under the GILC model.2
These are as follows:
1.





RULE 1: Always follow the GILC.
RULE 2: Always follow Rule 1.
RULE 3: If in doubt as to the correctness of Rule 1, consider Rule 2, and then apply
Rule 1.
RULE 4: Remember that the GILC is not perfect.3 If the application of the GILC seems
absurd or contradictory, contact the CJICL Editor-in-Chief in charge of stylistic
matters (currently Cameron Miles: cm625@cam.ac.uk). In the alternative, resolve the
difficulty yourself in whichever way seems most consistent with the principles of the
GILC.
RULE 5: Never be afraid to suggest additions or improvements to the GILC.
2.





B.
The applicability of the GILC and its evolution
General principles of the GILC
RULE 6: Follow these rules in order to resolve a quandary within the GILC.
RULE 7: Always strive to maintain the internal consistency of the article.
RULE 8: Attempt to make the citation as clean as possible, within reason. This means
the removal of extraneous commas, full stops and double inverted quotation marks
(single inverted quotes being the norm).
RULE 9: When considering a completed reference, the question to be asked is whether
the reader is provided with all the information they require to easily find the reference
in question.
RULE 10: In the application of Rule 9, there is no need to go overboard. It is not
necessary to provide every piece of information about the source in question.
Footnotes
1.
When to footnote
THE RULE
Footnotes exist to provide the reader with a concise and direct authority for the proposition
cited. Thus, they should be used to:
1. provide an authority for the proposition cited;
2. acknowledge a source that is relevant to an argument and indicate how it is relevant;
3. provide information that enables the retrieval of relevant sources and quotations that
appear in the text; and
2
Further: ICJ Statute, Art 38(1)(c).
Yes, this may appear mildly contradictory, but if it helps, think of it as a kind of Buddhist riddle – only the
enlightened can understand.
3
6
4. provide other – possibly tangential and extraneous – information that would detract
from the argument were it to appear in the text.
Direct quotations must always be followed by a footnote unless the source is provided in full in
the text.
The first citation of a source should always appear in full.
EXAMPLES
The Bayindir case1 indeed confirms the approach which determines that an ‘in accordance
with the state laws and regulations’ clause refers to the legality (validity) and not to the
definition of an investment.
With regard to the criteria to determine if an investment was made in accordance with the
host state law, the tribunal decided that:
[…] since Pakistan does not contend that Bayindir’s purported investment actually
violates Pakistani laws and regulations, the Tribunal considers that the reference to
the ‘hosting Party’s law and regulations’ in Article I(2) of the Treaty could not in any
case oust the Tribunal’s jurisdiction in the present case.2
_________________
Bayindir Insaat Turizm Ve Sanayi AS v Islamic Republic of Pakistan, ICSID Case No ARB/03/29
(Decision on Jurisdiction, 14 November 2005).
1
2
Ibid, para 110.
2.
The position of footnote numbers
THE RULE
A footnote number should immediately follow the portion of text to which it is relevant. It
should appear directly after any relevant punctuation (e.g. full stop, comma, semi-colon) other
than an em-dash (—).
EXAMPLES
The ICSID tribunal accepted jurisdiction with regard to this request as other BITs concluded
by Pakistan contained ‘[…] an explicit fair and equitable treatment clause’.1
A further relevant factor is the one which is—pursuant to the ruling of the tribunal in
Metalclad1—frequently termed as the ‘investment backed expectations of the investor’.2
3.
Multiple sources in footnotes
THE RULE
A semi-colon should be used to separate sources within a footnote. Under no circumstances is
‘and’ to be used to distinguish the final reference in the series.
EXAMPLE
R Dolzer & C Schreuer, Principles of International Investment Law (OUP, 2008) 84–8; A
Joubin-Bret, ‘Admission and Establishment in the Context of Investment Protection’ in A
Reinisch (ed), Standards of Investment Protection (2008) 9, 16–26; Z Douglas, The
International Law of Investment Claims (2009) 52–69;
7
4.
Full stops at the end of footnotes
THE RULE
Every footnote must end with a full stop or other context-appropriate form of punctuation.
EXAMPLE
See e.g. C H Schreuer, L. Malintoppi, A Reinisch & A Sinclair, The ICSID Convention: A
Commentary (2nd edn, 2009) 194–6.
5.
Pinpoint citation
THE RULE
Unless citing a source in general, a reference should be accompanied by some form of pinpoint
reference. Various types of pinpoint are acceptable, but where possible, a page or paragraph
range is to be preferred.
When expressing a page range, the range is to be indicated by use of an en dash (–) between
the first and last page of the range.
When expressing a page range, the range should give the starting page number in full, and
then give only the last number of the end page unless it crosses into another range of ten, e.g.
22–5 is 22–25, 123–44 is 123–144 and so forth. The exception is any page rage in the ‘teens’ in
which case the full expression of the ‘teen’ must be given, e.g. 211–13 is 211–213.
Other acceptable pinpoints include:



chapter number, expressed as ‘ch’ followed by the chapter number; or
a folio reference, expressed as the starting page of the range followed by ‘ff’;
a reference to a footnote in the original text, expressed as the page on which the
footnote is located, followed by ‘(n x)’, where x is the number of the footnote.
EXAMPLES
1
D Guilfoyle, Shipping Interdiction and the Law of the Sea (2009) ch 4.
On the former British mandate for Palestine: J Crawford, The Creation of States in
International Law (2nd edn, 2006) 421ff.
2
3
C Harris & C A Miles, ‘Foreign States before the Supreme Court’ (2012) 1 CJICL 86, 87–9.
4
Stürchler, above n 4, 120 (n 113).
6.
Introductory signals for citations
THE RULE
Note: this rule is relatively flexible, and need not be adhered to religiously, so long as an
article is internally consistent within itself!
An introductory signal may be used before the citation to indicate the relationship between
the source and a proposition in the text. No such signal should be used where the source is
quoted or directly supports the statement in the text, e.g. in the case of paraphrasing.
The following introductory signals may be used:

‘See’, to be used where the citation given provides qualified support for the statement
given in the text;
8






‘See e.g.’, where the source or sources given are one of several possible authorities
supporting the proposition;
‘See also’, where the source provides additional or general support for the proposition
in the text;
‘See generally’, where the entirety of the source cited supports in a general away the
proposition in question (generally not accompanied by a page range).
‘See especially’, where the source is the strongest of several authorities supporting the
proposition in the text;
‘But cf’ or ‘Cf’, where the source cited provides a useful contrast to the point given in
the text, or represents a qualified departure from it;
‘Contra’, where the source cited outright contradicts the point given in the text, or
earlier citations within the footnote.
In all of the above cases, the ‘see’ when accompanied by another signal may be dispensed with
depending on the preference of the author. Where this occurs, the rest of the citations in the
article must be made internally consistent within the article.
Depending on context, it may be appropriate to separate the introductory signal from the
citation with a colon, particularly where more than one citation is provided.
The introductory signal may also be accompanied by a brief sentence giving context to the
citation if required.
EXAMPLES
Note: the examples given are not intended to come from the same article, as they are not
internally consistent.
On shipping interdiction and piracy, see: D Guilfoyle, Shipping Interdiction and the Law of
the Sea (2009) ch 4.
1
Cf A Cullen, The Concept of Non-International Armed Conflict in International
Humanitarian Law (2010) 8–10.
2
3
Generally: N Stürchler, The Threat of Force in International Law (2007).
C.
Sources Referring to Other Sources and Subsequent References
1.
Sources referring to other sources
THE RULE
Ordinarily, it is correct to quote the original source rather than the source referring to it.
Where, however, it is important to show that one source has had explicit reference to another,
the citations may be joined via the following methods:




‘Quoting’, to be used where the first-listed source directly quotes the second source;
‘Quoted in’, to be used where the first-listed source is itself quoted in the second;
‘Citing’, to be used where the first-listed source refers to, but does not directly quote,
the second source; and
‘Cited in’, to be used where the first-listed source is referred to, but not directly quoted
in, the second source.
Each of these connectors is to be preceded with a comma.
EXAMPLE
9
Stürchler, above n 4, 115, quoting E E Azar, P Jureidini & R McLaurin, ‘Protracted Social
Conflict: Theory and Practice in the Middle East’ (1978) 8 J Pal Stud 41, 50.
2.
Immediately subsequent references
THE RULE
If the reference immediately before a citation – either within or outside of the same footnote –
is the same basic source as the citation itself, then it is sufficient to simply state ‘ibid’ (from
the Latin ‘ibidem’ meaning ‘the same place’). The common term ‘id’ (from the Latin ‘idem’
meaning ‘the same’ is not the be used).
Where the citation is to the same source as the preceding reference, but a different page, the
reference should be ‘ibid, x’, where x is the page in question, or a range thereof.
Where referring to multiple chapters of the same book sequentially in a footnote, ‘ibid’ will
also suffice to represent the book in the subsequent reference, though the separate
contribution of the chapter will need to be identified.
The same may also be said for separate opinions in the same judgment, but only where the
second opinion cited is separated from its fellows, e.g. via the use of ‘cf’.
EXAMPLES
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States),
ICJ Reports 1986 p 14, 118.
1
2
Ibid.
3
Ibid, 119.
4
Ibid, 119; cf ibid, 530 (Judge Jennings, diss).
See J Crawford, ‘Sovereignty as a legal value’ in J Crawford & M Koskenniemi (eds), The
Cambridge Companion to International Law (2012) 117, 122; cf M Koskenniemi, ‘International
law in the world of ideas’, ibid, 47, 49–53.
5
3.
Cross-references
THE RULE
Note: it is self-evident that the most important thing when cross-referencing is to ensure that
the referencing is correct and internally consistent.
When cross-referencing, give the surname of the author without his/her initial(s), followed by
the cross-reference (as ‘n x’), and then a pinpoint cite.
The position of the reference relevant to the cross-reference is to be indicated by the terms
‘above’ or ‘below’. The GILC does not use the Latin terms ‘supra’ or ‘infra’ respectively.
The vast majority of the time, it is unlikely that a ‘below’ cross-reference will need to be given,
at least when considering a specific source. Indeed, if possible, the reference itself should be
changed to a full cite of the source considered in order to avoid confusing the reader.
It is also possible to cite a preceding or following section (§) of the article itself. Where this
occurs, the reference should be given by reference to the heading number of the section, e.g.
‘above at §3.2’. Note the presence of the ‘at’ as connector, which will not appear in an ordinary
cross-reference.
EXAMPLES
10
1
See e.g. Guilfoyle, above n 4, 22–4.
2
Ibid; see generally below at §2.2.
D.
Quotations
1.
Short quotations
THE RULE
Where the quote in question is fewer than three lines in length if included in the text, it is to
be considered a short quote.
Where a quote is a short quote, then it can be included normally in the text and incorporated
within single quotation marks. Users of double quotation marks (save in the exceptional
circumstances detailed below) will be defenestrated by a team of hired goons.
Where a quote is included within a sentence, the first letter of the quote must be modified so
as to permit the sentence to run on naturally. Thus, if the quote opens with a capital letter,
this must be edited through the use of square brackets (see further the section on editing
quotes at Rule I.D.3.
EXAMPLES
As was remarked by Crawford – with respect to the system of international law ‘[t]here is no
large stock of available replacements for it’.1
_________________
1
J Crawford (ed), Brownlie’s Principles of Public International Law (8th edn, 2012) 19.
2.
Long quotations
Where a quotation is longer than three lines when included in the text proper, then it is to be
considered a long quote.
Long quotes must be introduced into a new paragraph and indented. When indicating the
break between the introductory paragraph and the long quotation, use a colon. If the first line
of the new quote begins a new sentence, then just introduce the quote without further ado. If
the quote picks up in the middle of the sentence, indicate this through the introduction of
ellipses, housed in square brackets, like so: […].
Do not indicate the quote via use of quotation marks. That is why the quote is indented.
Do not ‘tab in’ the quote line by line. Indenting is something quite different.
Do not reduce the point size of the quote.
Long quotes may also be included in footnotes.
EXAMPLES
The Bayindir case1 indeed confirms the approach which determines that an ‘in accordance
with the state laws and regulations’ clause refers to the legality (validity) and not to the
definition of an investment.
11
With regard to the criteria to determine if an investment was made in accordance with the
host state law, the tribunal decided that:
[…] since Pakistan does not contend that Bayindir’s purported investment actually
violates Pakistani laws and regulations, the Tribunal considers that the reference to
the ‘hosting Party’s law and regulations’ in Article I(2) of the Treaty could not in any
case oust the Tribunal’s jurisdiction in the present case.2
_________________
Bayindir Insaat Turizm Ve Sanayi AS v Islamic Republic of Pakistan, ICSID Case No ARB/03/29
(Decision on Jurisdiction, 14 November 2005).
1
2
Ibid, para 110.
3.
Editing quotes
THE RULE
Quite often, a quote will need to be edited so as to make it fit grammatically with the
surrounding text – though not so as to alter its original context and meaning.
Where this occurs, the text should be altered through the use of amendments contained in
square brackets. Cases may be changed, and ellipses and words added in order to change the
flow (though again not the meaning of the sentence).
Where editing a short quote, the sentence so created should be complete – efforts should be
made to ensure that a new sentence is not started in the middle of the quote (e.g. do not say
something like: as has been noted elsewhere, ‘[t]he real aim of the system of international law
is not justice. It is the creation of an ordered system of rules-based diplomacy between states’).
EXAMPLES
Crawford is frank in his assessment of the international legal system, noting the fact that
within the system, ‘[w]ealth and power are extremely unequally divided, within and between
states, and the inequalities may be growing [and] [t]he absence of anything approaching an
international [democratic] constitution allows tyrants to safely graze’.1
But at the same time, Crawford reminds us that that those who would seek to deny absolutely
the usefulness of international law contribute little to peaceful international relations. He
notes:
It is easy to be skeptical of the claims of international law given the discrepancies
between the power of states, the complexity of modern military system, and, more
generally, the scope of the enterprise of international relations. It is also facile. No
doubt we should be critical – and even skeptical – in our approach to particular
questions and proposals. The fact remains however that there are things which
manifestly need to be done which can only be done by collective action […] Despite its
critics, [international law] provides a normative structure for a rules-based system of
international society. At present, it is being tested, possibly to destruction. But if it is
destroyed we shall all be the worse for it.2
_________________
1
J Crawford (ed), Brownlie’s Principles of Public International Law (8th edn, 2012) 18.
2
Ibid, 18–19.
12
4.
Quotes within quotes
THE RULE
Quotes within quotes are entirely permissible, but their use depends on whether the quote in
question is a short or long quote.
When considering short quotes, the second quote is to be indicated by the use of double
quotation marks (as the quote itself is housed within single quotation marks).
When considering long quotes, the second quote is to be indicated by the use of single
quotation marks (as the quote does not have any quotation marks itself).
The second quote must obviously have its own citation, but do not include the footnote within
the quote itself. Rather, incorporate the second quote within the reference for the quote
overall.
EXAMPLES
If there is an element of customary international law here, it is the element of collective nonrecognition, which goes back to the Stimson doctrine announced at the time of the
Manchurian crisis in 1934 – and significantly involving not just League members but also the
US, a non-member.1 This precedent was relied on in the ILC’s commentary to Article 41:
The Declaration on Principles of International Law Concerning Friendly Relations and
Co-operation Among States in Accordance with the Charter of the United Nations
affirms this principle by stating unequivocally that States shall not recognize as legal
any acquisition of territory brought about by the use of force. As the International
Court of Justice held in Military and Paramilitary Activities, the unanimous consent of
States to this declaration ‘may be understood as an acceptance of the validity of the
rule or set of rules declared by the resolution by themselves’.2
_________________
See J Crawford, The Creation of States in International Law (2nd edn, 2006) 75–6, 78, 132–3, with
references to relevant resolutions and declarations.
1
ILC Ybk 2001/2, commentary to Art 41, para 6, citing Military and Paramilitary Activities in and
against Nicaragua (Nicaragua v United States), ICJ Reports 1986 p 14, 100.
2
5.
Punctuation within quotations
THE RULE
Punctuation within quotations should be altered to comply with the style rules contained in
Section I.F.
Punctuation marks at the end of the quoted text (full stops, commas, etc.) should not be
included in a quotation unless the punctuation mark forms part of and is important to the
quotation. Other punctuation marks within a quotation should be retained in the quoted text.
EXAMPLES
As Walker observed, the ‘call for states to grant asylum to those persecuted because of
prostitution or homosexuality was made over 20 years ago’. [Original: ‘over 20 years ago and
since then…]
Carmody J goes on to offer the following interpretation of the ‘paramount but not sole’
formulation appearing in previous cases:
13
The best interest of the child(ren) concerned, but in the short and longer term, and not
the interest or needs of the parents (let alone the interest of either one of them) are the
paramount consideration. However, they are not the sole factor. [Original: ‘…sole
factor. The…’]
The observation that ‘there is a sharp student-teacher dichotomy that ought to be observed’
was repeated. [Original: ‘…a sharp student – teacher dichotomy…’]
6.
[sic]
THE RULE
‘[sic]’ (meaning ‘thus’) should be inserted after the material being quoted contains a significant
error that is to be left in the quote as quoted. It should not be used for less than egregious
errors, i.e. to mark non-British English spelling or non-standard capitalization.
The expression may also be used after a discriminatory or offensive expression, but it is
preferable that the expression be edited or paraphrased such that the expression is avoided
outright.
EXAMPLES
President Bush stated brazenly: ‘[t]hey misunderestimated [sic] me’.
F.
Punctuation
1.
Full stops
THE RULE
Full stops should only be used to mark the end of a sentence or a footnote. They should not be
used to indicate abbreviations, e.g. after initials or heading numbers or letters. The sole
exception is with the abbreviation of Latin shorthand such as ‘i.e.’ or ‘e.g.’ (but not ‘et al’ or
‘cf’).
Where a quotation uses full stops as abbreviation, it should be brought into compliance with
this rule. This should not be flagged in the quote as an edit by way of ellipses.
EXAMPLES
Dr
Mr
Mrs
Ms
A-G
e.g.
i.e.
cf
et al
etc.
LLM UK
US
UN
QC
Arden LJ
Thus, ‘N Phillips, ‘The Birth and First Steps of the Supreme Court’ (2012) 1 CJICL 9’, as
opposed to ‘N. Phillips, ‘The Birth and First Steps of the Supreme Court’ (2012) 1 C.J.I.C.L. 9’.
2.
Em-Dashes, En-Dashes and Hyphens
THE RULE
An em-dash (—) may be used in place of parentheses to indicate an aside or apposition within
a sentence.4
4
They are not, however, used within the GILC.
14
An en-dash (–) is used to indicate a span between two numbers or letters. It may also be used
to mark a tension or disjunction between two concepts, though in such an instance, a forward
slash (/) may also be used.
A hyphen (-) is used to connect the parts of a compound phrase.
EXAMPLES
In addition, some commentators—and most notably the Restatement Third—had previously
taken the position that there was, in cases of ambiguity, a strong presumption in favour of the
self-execution of treaties. [em-dash and hyphen]
There was much discussion of this point in paragraphs 44–52 of the judgment. [en-dash]
A tort–contract dichotomy. [en-dash]
A yes/no question. [forward slash]
The Pan-American Union. [hyphen]
3.
Quotation marks
THE RULE
As stated previously, single quotation marks are preferred to double quotation marks, save in
situations in which a quote is placed inside another quote.
Single quotation marks should also be used to indicate that a word is being used in an
unconventional or distinctive sense.
EXAMPLE
In 1951, the ILC rejected the ‘compatibility’ criterion as too subjective, preferring a rule of
unanimous consent.
4.
Numbering
THE RULE
Numbers under ten should be written in words. Numerals should be used:




for numbers over nine;
numbers of section, pages, paragraphs, clauses, editions and other elements of
citations;
ratios, mathematical or statistical equations, decimal numbers, etc.; and
series of related quantities, numbers, ages, etc.
That said, a sentence should never begin with a numeral, even a date. In addition, a number
may be written out in full if it forms part of a proper noun.
In numbers of four digits or more, a comma should be used to separate each group of three
numbers. When dealing with large numbers (e.g. million or billion), the relevant term should
be written out in full and not abbreviated (e.g as ‘mn’ or ‘bn’).
EXAMPLES
one
six
nine
10 per cent
673
8,700
10,695
2,000,000
2.6 million
Second
15
12th
G.
One Hundred and One Arabian Nights
Capitalisation
THE RULE
Capitalisation should be consistent throughout a document. As a rule, words should only be
capitalised where they:


appear at the beginning of a sentence; or
are proper nouns.
Where it is important to add expression or meaning to a term, other words may be capitalised.
In the titles of all cited materials, the first letter of the following should be capitalised:


the first word in a title;
all other words in the title except articles (e.g. ‘the’, ‘a’, ‘an’), conjunctions (e.g. ‘and’,
‘but’) and prepositions (e.g. ‘on’, ‘with’, ‘before’).
Where a phrase appears which is in a foreign language, capitalisation should follow the
conventions of that language.
The following words should generally be capitalised wherever they appear:
Act (or Bill) of Parliament
Attorney-General/Solicitor-General/SecretaryGeneral
Crown
his/her Honour or Lordship/Ladyship
Minister
Parliament (but ‘parliamentary’)
The following words should not be capitalised:
common law
civil law
federal
government
state
internet
statute
state (or states) party
member state
The words ‘court’ or ‘tribunal’ or ‘committee’5 should be capitalised when referring to a specific
court or tribunal (such as the International Court of Justice, or the International Tribunal for
the Law of the Sea, or a particular arbitral tribunal). When used in the general sense,
however, the word should not be capitalised.
EXAMPLES
The position of the American courts with respect to recognition and standing is similar to the
UK position: a non-recognized state or government cannot appear before the forum courts, nor
assert a right to property held in the US.
The Court’s decision in Nicaragua, particularly from a jurisdictional standpoint, has been
much criticized.
Whilst the ad hoc Committee here took an overtly aggressive stance towards the decision of
the Tribunal, the practice of such committees in general has been far more respectful.
5
In the context of ICSID annulment proceedings.
16
In the case of governments, ‘the standard set by international law’ is […] the standard of
secure de facto control of all or most of the state territory.
H.
Italicisation
1.
Italicisation for emphasis
THE RULE
Words within the text may be italicised for emphasis.
If words in the quotation are italicised for emphasis, either by the original source or by the
author subsequently, then this must be indicated by way of a parenthetical footnote, as either
‘(emphasis original)’ or ‘(emphasis added)’, unless the word is one which would ordinarily be
italicised, in accordance with Rule I.H.2.
EXAMPLES
The obligation of non-recognition has been pronounced upon most recently in the Wall
advisory opinion, where the Court said:
Given the character and importance of the rights and obligations involved, the Court is
of the view that all states are under an obligation not to recognize the illegal situation
resulting from the construction of the wall in the Occupied Palestinian Territory,
including in and around East Jerusalem. They are also under an obligation not to
render aid or assistance in maintaining the situation created by such construction.1
_________________
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, ICJ Reports
2004 p 136, 200 (emphasis added).
1
2.
Italicisation of foreign words
THE RULE
Foreign words and phrases should be italicised, unless otherwise indicated in the GILC. This
rule self-evidently also includes Latin maxims such as cujus est solum usque ad caelum et ad
inferos, nemo dat quod non habet or aut dedere aut iiudicare.
EXAMPLES
ab initio
ad hoc
ad idem
amicus curiae
bona fide
caveat emptor
de facto
de iure
erga omnes
ius cogens
ex gratia
ex parte
inter alia
prima facie
sua sponte
terra nullius
vis-à-vis
ultra vires
vice versa
non est factum
ratio decidendi
sui generis
habeas corpus
obiter dictum
de lege ferenda
acta iure imperii
acta iure gestionis
17
quantum meruit
I.
res ipsa loquitur
ne bis in idem
Headings and Formatting
1.
Article heading and author
THE RULE
The article heading should be aligned left, bold, and in size 14 font.
The author’s name should be placed directly below the title, aligned left, italicized and in size
12 font.
In the event that the author has certain qualifications to be listed (e.g. institutional
association or degrees), or acknowledgments and caveats, these should form the first footnote
of the article, but not given a numerical footnote. Rather, they should be indicated using an
asterix (*). Any co-authors should also be given their own footnote, indicated by a single (†) or
double (‡) dagger. Further co-authors (an unlikely occurrence) should be indicated by
whatever symbols the editor sees fit, but usually by simply providing two of whatever has
come before (i.e. **, or ††).
EXAMPLES
The MFN Clause in Investment Arbitration: Treaty Interpretation
Off the Rails
Zachary Douglas*
_________________
* University of Cambridge and Matrix Chambers. The opinions expressed in this article are those of the
author and do not necessarily reflect the views of parties represented by the author.
2.
Heading levels
THE RULE
Heading levels should appear as follows:
1
Heading level 1
Size 13, bold
A
Heading level 2
Size 12, italic
(i)
Heading level 3
Size 11, italic
(a)
Heading level 4
Size 11, normal
(1)
Size 11, normal
Heading level 5
Note that the headings should not be capitalized in the same manner as the main title.
If there are more than five layers of heading, then the article should be edited so as to remove
any additional layers.
If such editing is impossible, then insert the heading, italicized, without a number as the first
sentence of a new paragraph.
18
EXAMPLES
3
Jurisdiction and admissibility before ISA tribunals
A
The distinction between jurisdiction and admissibility
B
Jurisdiction and consent before ISA tribunals
(i)
Conditional consent in ISA: the ICSID Convention and investment
treaties
(ii)
Interpretation of consent in IIAs and the relevant of legality requirements
(iii)
C
4
(a)
General rules of interpretation and the role of international public
policy
(b)
Interpretation of legality requirements and the prohibition of
illegal investments
(1)
Broad interpretation: legality requirements operate to
exclude illegal investments
(2)
Narrow interpretation: legality requirements confine the
IIA to certain investments
Interpretation of ‘investment’ in Article 25(1) of the ICSID Convention
International public policy and admissibility
Corruption, jurisdiction and admissibility
[…]
3.
Formatting and paragraphs
THE RULE
The main text of the article should be presented in size 12 typeface, and aligned left. It does
not really matter which font you present it in, as the editing software will convert it to the
Journal’s usual typeface, Gentium Book Basic.
New paragraphs should not be tabbed in, and should be separated by one line (“Enter”). Do
not use more than one line between paragraphs. Line spacing should be set at 0.0 (singlespaced).
Footnotes should also be aligned left, and size 10 typeface. There is no need for a paragraph
space between footnotes.
Detailed formatting instructions can be found in the CJICL copy-editing guide.
19
II.
PRIMARY SOURCES
NOTE: Where a primary source must be cited which is not included in this section,
reference should be had to the Australian Guide to Legal Citation (3rd edn),
available at http://mulr.law.unimelb.edu.au/go/aglc.
A.
Treaties
1.
Basic multilateral conventions
THE RULE
The basic form of citation for multilateral treaties is as follows:
Treaty Title, Date of Conclusion, Treaty Series, Art Article Number
Note the absence from the citation of the date of entry into force. This will not ordinarily be
included in the citation.
The date of conclusion/signature must be represented in full in the form Day Month Year, e.g.
14 August 1984.
Wherever possible, a citation to a treaty series should be given. The following series are to be
preferred:
United Nations Treaty Series
UNTS
League of Nations Treaty Series
LNTS
Consolidated Treaty Series
CTS
International Legal Materials
ILM
UN Reports of International Arbitral Awards
RIAA
Where the treaty is not to be found in any of the approved series, reference may be had to
other treaty series or sources. The ILM should not be used if the UNTS or LNTS is available.
Parallel citations should not be used. When citing a particular article of a treaty, there is no
need to give a pinpoint cite to the page in the treaty series on which the article itself appears.
Where a series is organized by volume, the citation should appear:
Volume Number, Treaty Series Abbreviation, Starting Page
(e.g. 23 UNTS 35)
Where the treaty series is organized by year, the citation should appear:
[Volume Year] Treaty Series Abbreviation, Starting Page
(e.g. [2010] ATS 5)
Where the treaty series is organized by sequential order of deposit independent of year, the
citation should appear:
20
Treaty Series Abbreviation Number of Treaty
(e.g. TIAS 8225)
EXAMPLES
Vienna Convention on the Law of Treaties, 23 May 1969, 1155 UNTS 331, Art 31.
Instrument for the Prolongation of the Peace between the Emperor of the Holy Roman Empire
and the Sultan of Turkey, 1 July 1649, 1 CTS 457.
Council of Europe Civil Law Convention on Corruption, 4 November 1999, ETS 174.
2.
Subsequent references to treaties
THE RULE
Where a treaty is referred to frequently throughout an article, it may be given a short title,
e.g. in the case of the Vienna Convention on the Law of Treaties, ‘VCLT’ or ‘Vienna
Convention’. The short title should be given, in parentheses and italicized, after the first time
the treaty is referred to in the article, as follows:
(Short Title)
Note: only the short title itself it italicized – the parentheses are not.
Where the first reference to the full name of the treaty appears in the text, the short title
appears in the text as follows.
Full Name of TreatyFN (Short Title)
Where it appears in the footnotes, the short title should also appear in the footnotes as follows:
FN
Full Name of Treaty, Date of Signature, Treaty Citation, Art Article Number (Short Title)
Once the short title of the treaty has been defined, it may now be referred to in the body of the
text by its abbreviation as follows:
Abbreviation Article Article Number
It may further be referred to in the footnotes of the article as follows:
FN
Abbreviation Art Article Number
EXAMPLES
The standard canons of treaty interpretations are contained within the Vienna Convention on
the Law of Treaties1 (VCLT). VCLT Article 31 focuses primarily on, inter alia, factors such as
the context and purpose of the treaty, and the plain meaning of its words. But other provisions
of the VCLT permit reliance on extraneous or supplementary aids to interpretation, such as
the travaux préparatories.2
_________________
1
23 May 1969, 1155 UNTS 331.
21
2
See VLCT Art 32.
B.
UN Materials
1.
Constitutive documents
THE RULE
Certain UN documents do not require additional citation beyond their title and subsequent
abbreviation. These are the Charter of the United Nations and the Statute of the
International Court of Justice. The same rule should be applied to their League of Nations
equivalents, the Covenant of the League of Nations and the Statute of the Permanent Court of
International Justice.
EXAMPLES
1
Charter of the United Nations, Art 2.4 (UN Charter).
2
Statute of the International Court of Justice, Art 36 (ICJ Statute).
3
UN Charter, Art 2.2.
2.
General Assembly resolutions
THE RULE
The basic form for the citation for modern resolutions of the UN General Assembly is as
follows:
GA Res session/number, date of resolution, op para x.
This form only applies to the later resolutions – earlier resolutions (prior to the 31st session of
the General Assembly) may follow the following form of citation, as determined by looking at
the resolution itself:
GA Res number(session in Roman numerals), date of resolution, op para x.
Ordinarily, the title of the resolution should not be included in the citation, unless the title is
particularly well-known, e.g. the Universal Declaration of Human Rights.
The title should also be given if the resolution in question adopts a treaty in its annexes so as
to refer to the treaty itself – this is particularly useful where the treaty has not yet been
entered into the UNTS or any other approved treaty series. Where this happens, the annex
that the treaty appears in must be identified expressly – the resolution itself is not the treaty,
merely the adopting mechanism.
Subsequent references to resolutions must be given in full, although ‘ibid’ may be used.
Where referring to elements of the resolution, individual operative paragraphs (i.e. numbered
paragraphs containing the thrust of the resolution) may be cited as ‘op para’. Where an
unnumbered paragraph from the preamble is used, simply refer to the ‘preamble’.
NOTE: Whilst it is appropriate to refer to a ‘SC Res’ or ‘GA Res’ in the footnotes, in the text
these should all be referred to as ‘SC Resolution’ or ‘GA Resolution’.
EXAMPLES
1
GA Res 3314(XXIX), 14 December 1974.
22
2
GA Res 45/33, 20 November 1990.
3
Ibid, op para 1.
4
GA Res 3314(XXIX), 14 December 1974, preamble.
5
UN Convention against Corruption, GA Res 58/4, 31 October 2003, Annex, Art 3.
3.
Security Council resolutions
THE RULE
Security Council resolutions generally follow the same rules as General Assembly resolutions,
although these are numbered sequentially and therefore without any need to refer to the
session number. The basic form is as follows:
SC Res number, date of resolution, op para x.
Again, if referred to subsequently the full citation should be given again, unless the use of
‘ibid’ would be appropriate. The same rules as to operative paragraphs and the preamble
apply.
It would be highly unusual to provide the title for a Security Council resolution.
EXAMPLES
1
SC Res 1337, 30 January 2001.
2
Ibid, op para 2.
3
SC Res 1373, 28 September 2001, op para 3.
4
SC Res 1337, 30 January 2001, preamble.
4.
Other UN documents
THE RULE
This section is intended to provide a general guide for the citation of UN documents. The key
to this is the UN document number, which can usually be found on the document itself
(provided that an official UN copy has been used). Almost all UN documents are assigned such
a number, which appears as follows in the general form of the citation:
Name of Author (if required), Title of the Document, UN Doc Document Number, Date of
Document, para x.
The document number should appear exactly as it appears on the document itself. All
abbreviations within the document number should be expressed in upper case.
Where multiple documents are cited, their identifying numbers should be preceded by ‘UN
Docs’, and then each individual number separated by a semi-colon.
The following abbreviations, which indicate the body under whose auspices the document was
produced, often form the first component of a UN document number:
A
General Assembly
CAT/C
Committee against
Torture
CCPR/C
Human Rights
CEDAW/C
Committee on the
23
Committee
Elimination of
Discrimination
against Women
CERD/C
Committee on the
Elimination of Racial
Discrimination
CRC/C
Committee on the
Rights of the Child
DP
Development
Programme
E
Economic and Social
Council
TD
Conference on Trade
and Development
ST
Secretariat
UNEP
United Nations
Environment
Programme
S
Security Council
The following abbreviations, which indicate the specific body that authored or received the
document, often form the second component of the document number.
AC
Ad hoc committee
C
Standing, permanent
or main committee
CONF
Conference
CN
Commission
GC
Governing council
PC
Preparatory
committee
SC
Sub-committee
Sub
Sub-commission
WG
Working Group
The following abbreviations, which indicate a description of the document type or its
characteristics, often form the third – and sometimes the final – component of the document
number.
CRP
Conference room
paper
INF
Information series
L
Limited distribution
NGO
Statement by nongovernmental
organization
PET
Petition
PRST
Statement by the
President of the
Security Council
PV
Verbatim record of
meeting
R
Restricted
distribution
RES
Resolution
SR
Summary record of
meeting
WP
Working paper
24
The following components, which indicate subsequent additions or changes to a document,
form a fourth and final component of some UN documents:
Add
Addendum
Amend
Amendment
Corr
Corrigendum
Rev
Revision
Summary
Summarized version
*
Reissuance of a
document for
technical reasons
EXAMPLES
M Kamto, Special Rapporteur, Third Report on the Expulsion of Aliens, UN Doc A/CN.4/581,
19 April 2007, para 11.
Committee against Torture, Decision: Communication No
CAT/C/37/D/277/2003, 14 December 2006, para 8.6 (AAC v Sweden).
227/2003,
UN
Doc
Basic Program of Work of the Economic and Social Council for 2001, UN Doc E/2000/203, 4
February 2000.
C.
ILC Materials
1.
The ILC Yearbook in general
THE RULE
The International Law Commission (ILC) is a body of the UN charged with the ‘codification
and progressive development’ of international law. It is extremely influential, and will be
frequently referred to. The work of the ILC is replicated every year in the Yearbook of the
International Law Commission, and most references to the work of the ILC will be to this
document.
The Yearbook is usually released as two volumes per session. Volume I is a summary of the
debates of the session between ILC members. Volume II represents documents presented to
and by the ILC. More recent Yearbooks have divided Volume II into two parts. Volume II(1)
contains the documents presented to the ILC, usually the reports of the various Special
Rapporteurs. Volume II(2) contains the documents presented by the ILC to the UN General
Assembly, including the ILC’s annual report and any draft articles prepared in that year.
The basic form of citation for the ILC Yearbook is as follows:
ILC Ybk year of session/volume(part), pin cite.
When dealing with the debates contained in Volume I of the Yearbook, when referring to the
comments of a specific member of the ILC, their surname should be given in parentheses after
the pin cite. A reference to their state of origin should be omitted from the footnotes, but may
be given in the body of the text. Thus:
ILC Ybk year of session/I, pin cite (member’s surname).
25
EXAMPLES
Initial consideration of the law of the sea by the ILC was undertaken in the period 1950–1956.
The work of the Commission during this time considered in detail the juridical nature of the
territorial sea, with the ILC ultimately agreeing that the coastal state possessed full
sovereignty over its appurtenant waters. Agreement was not, however, unanimous, with the
French representative on the Commission advocating a return to the servitude theory.1
_________________
1
ILC Ybk 1952/I, 158 (Scerri).
2.
Reports of the Special Rapporteurs
THE RULE
Where reference is made to a report of a Special Rapporteur, the name of the Rapporteur and
the full title of the report including its number should be provided as follows:
Name of Rapporteur, ‘Full Title of Report’, ILC Ybk year of session/II(1), start page, pin cite.
Subsequent references to the report in question need only refer to the surname of the
Rapporteur and a cross-reference.
Where the Special Rapporteur is referred to in the debates of the Commission, their title as
such should be provided, but only where the subject matter for which they are Special
Rapporteur is the subject of discussion.
EXAMPLES
1
J Crawford, ‘First Report on State Responsibility’, ILC Ybk 1998/II(1), 1, 3.
2
ILC Ybk 1998/I, 104 (Simma).
3
Ibid, 107 (Crawford, Special Rapporteur).
4
Crawford, above n 1, 5.
3.
ILC articles and draft articles
THE RULE
The work of the ILC is often reflected in sets of articles or draft articles released by the ILC,
such as the Articles on the Responsibility of States for Internationally Wrongful Acts and the
Draft Articles on Diplomatic Protection. Where cited, the name of the set of articles should be
given, followed by an abbreviation as follows:
Name of Articles, ILC Ybk year of session/II(2), start page, Art article number.
In addition, ILC articles also appear in the Yearbook with commentaries useful for the
interpretation of each provision. Although these have page numbers, they are to be cited
according to the provision number relevant, and the individual paragraph of the commentary
for that provision, like so:
Commentary to the Name of Articles, ILC Ybk year of session/II(2), start page, Art article
number, para para number.
26
On subsequent citation of ILC articles or commentary thereto, the rule as to subsequent
reference to treaties at II.A.2 above applies mutatis mutandis. Unlike, treaties and articles,
however, ‘ibid’ may be used in the case of commentaries.
EXAMPLES
Articles on the Responsibility of States for Internationally Wrongful Acts, ILC Ybk
2001/II(2), 26, Art 6 (ARSIWA).
1
Commentary to the Articles on the Responsibility of States for Internationally Wrongful
Acts, ILC Ybk 2001/II(2), 36, Art 4, para 1 (ARSIWA Commentary).
2
3
ARSIWA Art 3.
4
ARSIWA Commentary, Art 2, para 4.
5
Ibid, Art 3, para 2.
4.
Unpublished ILC documents
THE RULE
As mentioned, the Yearbook is sometimes published several years after the session in
question. In the meantime, documents produced by or submitted to the ILC are given a UN
document number which should be the subject of reference, along with the date that the
document was released, like so:
Name of Document, UN Doc document number, session number (year of session) para para
number.
Where the document in question is a set of articles or draft articles, the rule in II.C.3 applies
mutatis mutandis.
EXAMPLES
Draft Articles on the Responsibility of International Organizations, UN Doc A/66/10, 63rd
session (2011) Art 3 (DARIO).
1
2
DARIO Art 3.
Commentary to the Draft Articles on the Responsibility of International Organizations, UN
Doc A/66/10, 63rd session (2011) Art 3, para 1 (DARIO Commentary).
3
4
Ibid, Art 32, para 6.
D.
PCIJ and ICJ
1.
The PCIJ: the basic rule
THE RULE
Decisions of the Permanent Court of International Justice should be cited as follows:
Name of Case (year of decision) PCIJ Ser series No case number, pin cite.
NOTE: PCIJ materials are usually fairly easy to cite, on the basis that in most cases, rather
than initiate a new phase of proceedings under the same reported citation (see e.g. the case of
the ICJ below), it tended to simply give each proceeding a new citation, with the phase
included in the title of the case.
27
EXAMPLES
Treatment of Polish Nationals and Other Persons of Polish Origin or Speech in the Danzig
Territory (1932) PCIJ Ser A/B No 44, 6.
Nationality Decrees in Tunis and Morocco (1923) PCIJ Ser B No 4, 18.
Certain German Interests in Polish Upper Silesia (Preliminary Objections) (1925) PCIJ Ser A
No 6, 5.
Certain German Interests in Polish Upper Silesia (Merits) (1926) Ser A No 7, 30.
2.
The ICJ: the basic rule
THE RULE
The basics
Reported decisions of the International Court of Justice should be cited as follows:
Name of Case (Claimant v Respondent), Phase of Proceedings, ICJ Reports year of decision, p
start page, pin cite.
Unreported decisions of the Court should be cited as follows:
Name of Case (Claimant v Respondent), Phase of Proceedings of Date of Decision, para pin
cite.
NOTE I: When considering advisory opinions of the Court, do not include the name of a
Claimant or Respondent in the title, as there are none.
NOTE II: The Court will occasionally render the names of the Claimant and Respondent as
Claimant/Respondent. This is intended to indicate that the case was submitted to the Court
via compromis and should be followed in the citation, e.g. Continental Shelf (Libyan Arab
Jamahiriya/Malta).
Phases of proceedings
When considering phases of proceedings, one should be sensible as the Court often adopts
rather long-winded designations for otherwise simple proceedings, e.g. in the case of Diallo,
where reference was made to ‘Compensation owed by the Democratic Republic of the Congo to
the Republic of Guinea’—‘Compensation’ would have been sufficient. Editors should therefore
abbreviate when necessary, but not to the point of being insensible.
Some common terms for phases of proceeding include:
Judgment
Preliminary Objections
Interim Measures
Order of Date of Order
Compensation
Advisory Opinion
Jurisdiction and Admissibility
NOTE: Where a decision is the final determination on the merits offered by the Court—i.e. a
judgment or advisory opinion—there is no need to include a mention of the phase of
28
proceedings where the decision is reported. There will still be a need to mention such things
where the decision is unreported. Thus, the following should never appear: Legal Consequences
of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ
Reports 2004 p 136, 155.
Documents submitted to the Court
In the past the Court would produce a volume of documents submitted by the parties to
accompany the proceedings. In our digital age, however, there is no need to refer to these. All
documents submitted to the Court are available on its website: http://www.icjcij.org/docket/index.php?p1=3&p2=2. They are not, however, included in the reports of the
Court. The reference should therefore be as follows:
Name of Case (Claimant v Respondent), Name of Party: Name of Document of Date of
Document, para pin cite.
EXAMPLES
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US), Jurisdiction
and Admissibility, ICJ Reports 1984 p 392, 400.
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US), ICJ Reports
1986 p 14, 15.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, ICJ
Reports 2004 p 136, 155.
Jurisdictional Immunities of the State (Germany v Italy; Greece intervening), Judgment of 3
February 2012, para 8.
Territorial and Maritime Dispute (Nicaragua v Colombia), Nicaragua: Application of 6
December 2001, para 4.
3.
Declarations, dissents and separate opinions
THE RULE
Where the majority opinion in a PCIJ or ICJ case is given, there is no need to indicate that it
is a judgment of the majority, or to give the content of the majority. Where an opinion
separate to the majority is given, however, this must be indicated after the pin cite in the
reference as follows:
(Name of Judge, type of opinion)
When giving the name of the judge, their title and surname must be included (Judge Read,
Vice-President Al-Khasawneh, President Owada). The type of opinion is demonstrated by an
abbreviation of its full name as follows:
Separate Opinion
sep op
Dissent
diss
Declaration
dec
29
EXAMPLES
Elettronica Sicula SpA (ELSI) (Italy v US), ICJ Reports 1989 p 15, 84 (Judge Oda, sep op).
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US), ICJ Reports
1986 p 14, 330 (Judge Schwebel, diss).
SS Wimbledon (1923) PCIJ Ser A No 1, 36 (Judges Huber and Anzilotti, diss), 48 (Judge
Schücking, diss).
4.
Subsequent references to judgments
THE RULE
The basics
Unlike secondary sources, further citation of a judgment is not indicated by the use of ‘above’
or ‘below’. Rather, an abbreviated title is given to each case in the judgment. This should
appear after the entire citation (including pin cites) of the case when initially referenced, as
follows:
(Abbreviated Name)
This abbreviated title is then given along with full reference of the case (e.g. Nicaragua, ICJ
Reports 1986 p 14, 33) on each subsequent reference. ‘Ibid’ may, however, be used.
A word on title abbreviation
Many cases of the ICJ and PCIJ are well-known by their abbreviated titles, and this should be
used where possible. Some common cases include:
Military and Paramilitary Activities in and against Nicaragua
Nicaragua
Delimitation of the Maritime Boundary in the Gulf of Maine Area
Gulf of Maine
United States Diplomatic and Consular Staff in Tehran
Tehran Hostages
Reparation for Injuries Suffered in the Service of the United Nations
Reparations
Where possible, the parties to the case should not be used to indicate its short title (e.g. Gulf of
Maine is not Canada/US). The exception to this rule is where the obvious abbreviation does
not sufficiently distinguish the case from others like it. This is particularly the case with
territorial and maritime disputes – e.g. Continental Shelf (Libyan Arab Jamahiriya/Malta) is
hardly rendered distinct if called Continental Shelf: Libya/Malta is the obvious choice. The
same may be said of Territorial Dispute (Burkina Faso/Republic of Mali) (rendered as
Burkina Faso/Mali).
The exception to this rule is if, as in Gulf of Maine, a geographical feature in the title is
sufficiently distinct as to permit the case to be known by that name rather than those of the
parties. Other examples include Territorial and Maritime Dispute between Nicaragua and
Honduras in the Caribbean Sea (Caribbean Sea) and Maritime Delimitation in the Black Sea
(Black Sea).
EXAMPLES
Military and Paramilitary Activities in and against Nicaragua, Jurisdiction and
Admissibility, ICJ Reports 1984 p 392, 400 (Nicaragua).
1
30
Oil Platforms (US v Iran), Preliminary Objection, ICJ Reports 1996 p 803, 822 (Oil
Platforms).
2
3
Ibid, 823.
4
Nicaragua, ICJ Reports 1984 p 392, 410.
5
Ibid, 412; Oil Platforms, ICJ Reports 1996 p 803, 834.
E.
International Criminal Law
F.
International Economic Law
1.
WTO covered agreements
THE RULE
The World Trade Organization (WTO) is the principal driver of international economic law. Its
constituent document is the 1994 Marrakesh Agreement Establishing the World Trade
Organization (commonly referred to as the Marrakesh Agreement), which establishes the
WTO as an international organization. The Marrakesh Agreement should be cited as an
ordinary treaty, in accordance with Rule 2.A.1.
However, WTO law as a whole is given further substance through the ‘covered agreements’,
presented as a series of annexes to the Marrakesh Agreement,6 e.g. the Disputes Settlement
Understanding, the Sanitary and Phytosanitary Measures Agreement, etc. They should
accordingly be cited as annexes to the Marrakesh Agreement, rather than as treaties in their
own right. Thus the rule is:
Marrakesh Agreement Establishing the World Trade Organization, 15 April 1994, 1867 UNTS
3, Relevant Annex, Art x (Name of Covered Agreement) (Short Title).
Subsequent references should just make reference to the short title of the covered agreement
per Rules 2.A.2, rather than the particular annex number.
EXAMPLES
Marrakesh Agreement Establishing the World Trade Organization, 15 April 1994,
Marrakesh Agreement Establishing the World Trade Organization, 15 April 1994, 1867 UNTS
3, Annex 1A, Art 1 (General Agreement on Tariffs and Trade 1994) (GATT 1994).
1
Marrakesh Agreement Establishing the World Trade Organization, 15 April 1994, 1867
UNTS 3, Art 1A, Art 5 (Agreement on the Application of Sanitary and Phytosantiary
Measures) (SPS).
2
Marrakesh Agreement Establishing the World Trade Organization, 15 April 1994, 1867
UNTS 3, Annex 2 (Understanding on Rules and Procedures Governing the Settlement of
Disputes) (DSU).
3
4 SPS
Art 6.
Collected in WTO, The Legal Tests: The Results of the Uruguay Rounds of Multilateral Trade Negotiations (1994).
Most of the covered agreements are contained within Annex 1A to the Marrakesh Agreement, although there are
four annexes in total.
6
31
5
GATT 1994 Art 1.
2.
Official WTO documents
THE RULE
When referring to official WTO documents (except for documents originating from a dispute
resolution mechanism under the Dispute Settlement Understanding), the following formula
should be utilized:
Title of Document, WTO Doc Document Number, Date of Document, Pin Cite (Document
Description)
EXAMPLES
Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public
Health, WTO Doc WT/L/540, 5 September 2003, para 2(a) (Decision of 30 August 2003).
Preferential Tariff Treatment for Least Developed Countries, WTO Doc WT/L/304, 17 June
1999, paras 1, 2–4 (Decision on Waiver).
Past Negotiations and Consultations on Tropical Products, WTO Doc WT/L/304, 10 February
2005 (Note by Secretariat).
3.
Panel, Appellate Body and arbitration decisions
The Dispute Settlement Understanding (DSU) provides for three forms of decision in WTO
disputes – decisions of Panels, decisions of the Appellate Body, and decisions of ad hoc
compliance arbitrations.
WTO disputes are usually known by both a long and short title. These are assigned by the
WTO itself and should be used consistently. Other, informal abbreviations should not be used.
For example, the famous decision of the Appellate Body in United States – Import Prohibition
of Certain Shrimp or Shrimp Products should the abbreviated to US – Shrimp. The popular
alternative name, Shrimp/Turtle should not be used.
The following formula should be used for the citation of WTO cases:
Body, Respondent – Name of Case, WTO Doc Document Number (Date of Decision) para x
(Respondent – Short Title).
Subsequent references should be generated according to the following rule:
Body, Respondent – Short Title, para x.
It may be required to cite multiple bodies from the same overall proceeding. Where this
occurs, it is not necessary to use the full title of the case if the short title has already been
established beforehand. Thus:
Body, Respondent – Short Title, WTO Doc Document Number (Date of Decision) para x).
32
EXAMPLES
Appellate Body, United States – Measures Affecting Trade in Large Civil Aircraft (Second
Complaint), WTO Doc WT/DS353/AB/R (12 March 2012) para 45 (US – Aircraft).
1
Art 21.3(c) Arbitrator, Brazil – Measures Affecting Imports of Retreaded Tyres, WTO Doc
WT/DS332/16, ARB-2008-2/23 (Art 21.3(c) Arbitrator, 29 August 2008) (Brazil – Retreaded
Tyres).
2
3
Panel, US – Aircraft, WTO Doc WT/DS353/R (31 March 2011) para 1.2.
4
Art 21.3(c) Arbitrator, Brazil – Retreaded Tyres, para 2.
G.
Other International Decisions
1.
International investment tribunals
THE RULE
International investment tribunal awards have become one of the more common international
law sources of recent years. Most commonly, these will either be institutional awards, run
under the auspices of the International Centre for the Settlement of Investment Disputes
(ICSID) or ad hoc awards administered by no institution or perhaps by the Permanent Court
of Arbitration.
Unreported investment arbitration decisions
The basic form of an ICSID award is as follows:
Applicant v Respondent, ICSID Case No Case Number (Phase of Proceeding, Date of Award)
para x.
The basic form of citation for an ad hoc award is as follows:
Applicant v Respondent, Ad hoc Arbitration (Phase of Proceeding, Date of Award), para x.
Where the ad hoc arbitration is convened under the North American Free Trade Agreement
(NAFTA), the following citation should be used:
Applicant v Respondent, UNCITRAL/NAFTA (Phase of Proceeding, Date of Award), para x.
Reported investment arbitration decisions
With respect to most investment arbitrations, both ICSID and ad hoc (but ad hoc especially),
it is preferable to refer to a series of reports if at all possible. Likely candidates include the
International Law Reports (ILR) or the specialist ICSID Reports. Where a report appears, the
following form of citations should be used.
Applicant v Respondent, Phase of Proceeding (Year of Decision) vol number Report Series
start page, pin cite.
33
Subsequent references
When considering unreported investment arbitration decisions, the same rules as other cases
apply – no cross-reference is to be used (i.e. ‘above n’ or ‘below n’), but an abbreviated form of
the case name should be determined (e.g. Inceysa v El Salvador, or even just Inceysa) and
used along with the Phase of Proceeding and Date of Award. No reference to the ICSID Case
Number is required. When considering a different phase of the same proceeding, there is no
need to refer to the whole case again – just use the abbreviated citation style identifying the
new phase of the proceeding and the date.
When considering a reported investment arbitration decision, then the abbreviated title of the
case should be given subsequently, along with the full reported citation.
EXAMPLES
Tokios Tokeles v Ukraine, ICSID Case No ARB/02/17 (Decision on Jurisdiction, 29 April
2004) para 45.
1
Methanex v United States of America, UNCITRAL/NAFTA (First Partial Award, 7 August
2002) para 2.
2
SGS Société Générale de Surveillance SA v Philippines, Jurisdiction, (2004) 129 ILR 445,
449 (SGS v Philippines).
3
4
Tokios Tokeles v Ukraine (Decision on Jurisdiction, 29 April 2004) para 46.
5
Ibid.
Fraport AG Frankfurt Airport Services Worldwide v Philippines, ICSID Case No ARB/03/25
(Award, 16 August 2006) para 22 (Fraport v Philippines).
6
7
SGS v Philippines, Jurisdiction (2004) 129 ILR 445, 450.
8
Fraport v Philippines (Annulment, 23 December 2010) para 3.
2.
Decisions of the International Tribunal for the Law of the Sea
THE RULE
Unreported ITLOS decisions
All decisions of the International Tribunal for the Law of the Sea (ITLOS) will be reported in
the ILR eventually. Where such a source is available, it should be used. Until that time,
however, editors should use the unreported form of the judgment, which can be found on the
ITLOS website.7 The following form of citation should be used:
Case Name (Applicant v Respondent), ITLOS Case No Case Number (Phase of Proceeding,
Date of Decision) para x.
Reported ITLOS decisions
Where reported in the ILR, the following form of citation should be used. By way of reference,
it is functionally identical to a reported investment arbitration decision.
Case Name (Applicant v Respondent), Phase of Proceeding (Year of Decision) vol number
Report Series start page, pin cite.
7
http://www.itlos.org/index.php?id=10&L=0 [accessed 12 October 2013].
34
Subsequent references
Apply the same rule as with respect to investment arbitration decisions.
EXAMPLES
ARA Libertad (Argentina v Ghana), ITLOS Case No 20 (Provisional Measures, 15 December
2012) para 60.
1
Southern Bluefin Tuna (New Zealand v Japan; Australia v Japan), Provisional Measures
(1999) 117 ILR 148.
2
3
Ibid, 150
4
ARA Libertad (Provisional Measures, 15 December 2012) para 62.
5
Southern Bluefin Tuna, Provisional Measures (1999) 117 ILR 148, 150.
H.
European Union Materials
1.
Official Journal of the European Union
THE RULE
When referring to documents of the European Union (EU), European Communities (EC) or
predecessor organisations, the citation of the Official Journal of the European Union (OJ)
should be included.
The document title should be in italics, followed by the year, the reference to the OJ and its
series, the issue number, and the starting page. The basic form is as follows:
Document Title [Year] Official Journal Series issue number /
start page, pin cite.
The year is the one of publication in the OJ.
Regarding documents published after 1 January 1968, the series should be included after the
reference to the OJ. Legislative acts are encompassed in the L series (OJ L), information and
notices in the C series (OJ C), and invitations to tender in the S series. When referring to
documents from 1952 until 1972, indicate if possible the Special Edition of the OJ.
EXAMPLES
Council Regulation (EC) No 659/1999 of 22 March 1999 Laying Down Detailed Rules for the
Application of Article 93 of the EC Treaty [1999] OJ L 83/1, Art 6.
1
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the
Right of Citizens of the Union and their Family Members to Move and Reside Freely within the
Territory of the Member States Amending Regulation (EEC) No 1612/68 and repealing
Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC,
90/364/EEC, 90/365/EEC and 93/96/EEC [2004] OJ L 158/77, and corrigenda OJ L 229/35
and OJ L 197/34, Art 4.
2
Council Resolution of 29 June 1995 on the Effective Uniform Application of Community Law
and on the Penalties Applicable for Breaches of Community Law in the Internal Market [1995]
OJ C 188/1.
3
Commission Notice on the Enforcement of State Aid Law by National Courts [2009] OJ C
85/1, para 14.
4
35
Commission Decision 2013/283/EU on State Aid that France Plans to Grant to FagorBrandt
[2013] OJ L 166/1.
5
2.
Constitutive Documents
THE RULE
For general guidance, refer to section II.A of the GILC. The constitutive treaties of the EU, of
the EC and predecessor organisations should be cited by giving the title of the treaty, which
should include amendments if necessary, followed by the year of publication, the OJ series,
the issue number and the starting page. The basic form is the following:
Treaty Title [Year] Official Journal Series issue number /
start page, Art Article number.
The most common short titles are:
TEU: Treaty on European Union
TFEU: Treaty on the Functioning of the European Union
TEC: Treaty Establishing the European Community
EXAMPLES
1
Consolidated Version of the Treaty on European Union [2012] OJ C 326/13 (TEU), Art 4.
Consolidated Version of the Treaty on the Functioning of the European Union [2012] OJ C
326/47 (TFEU), Art 5.
2
3
Charter of Fundamental Rights of the European Union [2012] OJ C 326/391, Art 6.
Consolidated Version of the Treaty Establishing the European Atomic Energy Community
[2012] OJ C 327/1, Art 7.
4
3.
Judicial Decisions
THE RULE
After 1989, EU judicial decisions are numbered according to whether they were registered at
the Court of Justice of the European Union, the General Court of the European Union and the
European Union Civil Service Tribunal. Decisions are given the prefix C- for Court of Justice
of the European Union cases, T- for General Court of the European Union cases, and F- for the
decisions of the European Union Civil Service Tribunal. No prefix should be added to decisions
prior to 1989.
The decision should be cited by giving the case number, followed by the case name in italics,
the year of the decision, the report abbreviation and the starting page. The basic form is the
following:
Case/Joined Cases Case Number(s), Case Name [Year of Decision] Report Abbreviation - start
page, para pin cite.
The official reports (ECR) should be cited where possible. Cases of the Court of Justice of the
European Union are reported in volume one (ECR I-), and the decisions of the General Court
of the European Union are reported in volume two (ECR II-). The volume number and the
page number are attached with a dash. When an ECR reference is not available, the Common
Market Law Reports (CMLR) should be used. If the case has not yet been reported, reference
should be made to the notice in the OJ. If it has not been reported in the OJ, the case number
and name should be followed by the name of the court and date of the decision in brackets.
36
When referring to an opinion of an Advocate General, the form is as follows:
Case/Joined Cases Case Number(s), Case Name [Year of Decision] Report Abbreviation - start
page, Opinion of Advocate General Name of the Advocate General, para pin cite.
EXAMPLES
1
Case C-6/64, Costa v ENEL [1964] ECR 585.
Joined Cases C-46/93 and C-48/93, Brasserie du Pêcheur SA v Bundesrepublik Deutschland
and The Queen v Secretary of State for Transport, ex parte: Factortame Ltd and Others [1996]
ECR I-1029, para 74.
2
Case T-155/06, Tomra Systems ASA and Others v European Commission [2010] ECR II-4361,
para 318.
3
Case C-370/12, Thomas Pringle v Government of Ireland, Ireland and The Attorney General
[2012] 2 CMLR 2, para 182.
4
Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, European Commission and Others v
Yassin Abdullah Kadi [2013] OJ C 260/2, para 163.
5
Joined Cases F-69/07 and F-60/08, O v Commission of the European Communities (European
Union Civil Service Tribunal, 29 September 2009), para 75.
6
Case C-224/97, Erich Ciola v Land Vorarlberg [1999] ECR I-2517, Opinion of Advocate
General Mischo, para 43.
7
I.
Supreme Court Edition
1.
Municipal law sources
THE RULE
As a publication specializing in international and comparative law, it is conceivable that the
CJICL will cite municipal law sources from all over the world. In the Supreme Court Edition
of the Journal, however, it is likely that only UK sources will be cited with any regularity.
Where dealing with a non-UK source, however, it is preferable to utilize the form of
referencing most used in the home jurisdiction (i.e. Australia, Canada, US, India, etc.). Where
this occurs, however, the citation should conform to the general style rules of the GILC,
especially in terms of minimizing the use of commas and full stops. These are notably endemic
in US citations (e.g. Sosa v. Alvarez-Machain, 542 U.S. 692 (2004), which ought properly be
rendered as Sosa v Alvarez-Machain, 542 US 692 (2004)).
The exception to the above rule comes in the case of those decisions reported in the US
Federal Reporter (and similar systems, such as the Atlantic Reporter), where a full stop may
be placed between the ‘F’ of the series and the number of the report series (thus, Al-Bihani v
Obama, 619 F.3d 107, 109 (DC Cir, 2010)).
Authorized reports series are always to be preferred – I am aware this is a pain, but this is
how we were taught. That said, if you were to cite a single decision from another jurisdiction, I
am sure that a well-regarded unauthorized report series would be fine.
Neutral citations (e.g. Plaintiff S157 v Commonwealth [2003] HCA 2) are only to be used for
unreported decisions. Once the decision is in a reporter, it is to be preferred, especially if the
report series may be found in the Squire (e.g. well-known common law jurisdictions).
With respect to certain civil law jurisdictions, the citation style of the jurisdiction is again to
be preferred, but certain French, German, Italian, Dutch, Swedish and Russian decisions may
37
be found in Brownlie’s Principles of Public International Law (8th edn, 2012) ch 3. With respect
to civil law decisions especially, if a decision is included in the International Law Reports or
International Law in Domestic Courts, then that citation is to be preferred.
EXAMPLES
Australia: Nationwide News Pty Ltd v Wills (1992) 177 CLR 1.
Canada: Re Canada Trust Co & OHRC (1990) 69 DLR (4th) 321 (Ont CA); R v Oakes [1986] 1
SCR 295.
United States: Sosa v Alvarez-Machain, 542 US 692 (2004); Al-Bihani v Obama, 619 F.3d
107 (DC Cir, 2010).
New Zealand: Taylor v New Zealand Poultry Board [1984] 1 NZLR 394.
India: Sebastian Hongray v India [1984] AIR 571 (SC).
International Law Reports: Reel v Holder (1981) 74 ILR 105.
International Law in Domestic Courts: Hague City Party v Netherlands, ILDC 849 (NL
2005).
2.
UK unreported decisions
THE RULE
The majority of the decisions in the Supreme Court edition of the Journal will be unreported,
requiring the use of neutral citation.8 The basic form is as follows:
Party v Party [year of decision] UKSC case n, para pin cite (judge’s name).
Where the judge in question is concurring, their name may simply be included after the
relevant statement. Where the judge is dissenting, then the name should be rendered as
‘(judge’s name, diss)’.
In the Supreme Court edition, you may also be required to cite the unreported decisions of
lower UK courts, notably the High Court and the Court of Appeal. In the citation, these are
abbreviated to EWHC (England and Wales High Court) and EWCA (England and Wales Court
of Appeal). The cite appears as follows:
Party v Party [year of decision] EWHC/EWCA div case n, para pin cite (judge’s name).
A quick note on ex parte judgments (i.e. where only one party is represented before the court).
Whereas prior to the Wolff Reforms, the ex parte element would be reflected in the name of the
case as follows: R v Bow Street Magistrate; ex parte Pinochet, the more recent style post-2000
is to cite the case like so: R (European Roma Rights Centre) v Immigration Officer at Prague
Airport.
EXAMPLES
NML Capital Ltd v Argentina [2011] UKSC 31, paras 19–42 (Lord Phillips); cf ibid, para 98
(Lord Mance).
Note that – contrary to the usual rule – all decisions considered in the UK Supreme Court edition which have
been handed down in the most recent judicial year should be cited using neutral citation, even if they have been
reported.
8
38
NML Capital Ltd v Argentina [2010] EWCA Civ 41.
3.
UK reported decisions
THE RULE
All UK Supreme Court (and latterly, the House of Lords) and most Court of Appeal decisions
will eventually be reported in one of the authorized reports, which are to be preferred source of
citations. Other English courts have specialized approved report series as well, and the
Wikipedia article on their history is surprisingly complete.9
These are as follows:





Supreme Court/House of Lords: Appeal Cases (AC);
Court of Appeal: Queen’s Bench (QB);10
Equity cases: Chancery (Ch);
Family cases: Family (Fam);
Probate cases: Probate (P).
There are also certain other unauthorized series which may be used if the case in question
cannot be found in an authorized series. These are innumerable, but some of the more
common are:






The All England Law Reports (All ER);
The Weekly Law Reports (WLR);
The Times Law Reports (TLR);
Lloyd’s Law Reports (Lloyd’s LR);11
The Criminal Appeal Reports (C App R);
The Construction Law Reports (Con LR).
The majority of the series are published year to year, and not on a volume basis (unlike
decisions from Australia or Canada for example). Thus, the general form for their citation is as
follows:
Party v Party [year of decision] vol n Law Report start page, pin cite (Judge’s name).
Again: remember the rule for the citation of ex parte cases (compare n 4 below with n 6).
EXAMPLES
1
Anisminic v Foreign Compensation Commission [1969] 2 AC 147 (Anisminic).
2
AM Luthor v Sagor [1921] 3 KB 532, 548 (Warrington LJ); ibid, 934 (Lord Wilberforce).
Kuwait Airways Corporation v Iraqi Airways Co (No 4 & 5) [2002] 2 AC 883, 922 (Lord
Hope); Jones v Saudi Arabia [2004] EWCA Civ 1394, para 10 (Lord Mance).
3
4
R v Bow Street Magistrate; ex parte Pinochet [2000] 1 AC 61, 106 (Lord Nicholls).
5
Anisminic, above n 1, 167ff (Lord Reid).
R (European Roma Rights Centre) v Immigration Officer at Prague Airport [2005] 1 All ER
527.
6
9
See http://en.wikipedia.org/wiki/Law_Reports [accessed 16 October 2012].
10
Or alternatively ‘King’s Bench’ depending on the gender of the reigning monarch.
Primarily concerned with insurance and contract claims, and very useful for picking up obscure High Court
judgments.
11
39
4.
Municipal statutes
THE RULE
It may also be necessary for UK and other common law statutes to be cited. This is relatively
simple, as follows:
Name of Statute Year (Jurisdiction) pin cite.
UK statutes (as with most of the common law world) are arranged according to ‘sections’.
Where referring to a specific section, abbreviate as ‘s n’. Other sub-divisions within the statute
may include Parts (‘Part’), Articles (‘Art’), Chapters (‘Ch’) and so forth.
EXAMPLES
1
Bluetongue (Wales) (Amendment) Regulations 2012 (UK) s 1.12
2
State Immunity Act 1978 (UK) Part I.
3
International Organisations (Privileges and Immunities) Act 1963 (Cth) Schedule 1.
12
Yes, they exist.
40
III. SECONDARY SOURCES
A.
Books
1.
The basic rule
THE RULE
The basic form of citations for books is as follows:
Author’s initial Author’s surname, Title (nth edn, year of publication) pin cite.
The name of the publisher is not included. Nor is the city of publication. In the modern era, a
simple Google search should be enough for any researcher to determine the publisher.
In addition, do not include titles when dealing with an author – this includes ‘Sir’, ‘Dame’,
‘Justice’, ‘QC’, ‘FBA’ et al. Thus, Sir Elihu Lauterpacht QC becomes simply ‘E Lauterpacht’.
When dealing with multiple authors, simply list the names separated by an ampersand (&).
When there are more than two authors, separate all but the final name with commas, and the
final name with an ampersand.
When indicating a part or a chapter as a pin cite, use the abbreviations ‘part n’ or ‘ch n’. Use
whatever numerical system the book itself uses (i.e. ch 3, ch III, ch iii).
When indicating multiple page spans, separate each with a comma.
When the volume is an edited collection of essays, place ‘(ed)’ or ‘(eds)’ after the
author’s/authors’ names. Where a specific chapter is being cited, see section III.A.2 below on
book chapters.
When considering a revised edition, then the revision should be indicated via the terms ‘rev
edn’ in the edition field.
EXAMPLES
1
R Churchill & V Lowe, The Law of the Sea (3rd edn, 1999) 22.
2
P Birnie, A Boyle & C Redgwell, International Law and the Environment (3rd edn, 2009) ch
7.
3
Churchill & Lowe, above n 1, 22–4, 26–8.
4
D Guilfoyle, Shipping Interdiction and the Law of the Sea (2009) part II.
5
D Freestone, R Barnes & D M Ong (eds), The Law of the Sea: Progress and Prospects (2006).
6
H Lauterpacht, The Function of Law in the International Community (rev edn, 2011) 33.
2.
Book chapters
THE RULE
The basic form of citation for book chapters is as follows:
Author’s name, ‘Title of chapter’, in Editor’s name (ed), Title of book (nth edn, year of
publication) start page, pin cite.
41
Although not indicated above, author and editor initials should be included in the cite. The
style is basically a variation on the above rule on books in general.
The chapter title should be indicated in single inverted commas. As in all aspects of the GILC,
double inverted commas are not to be used unless absolutely necessary.
Where multiple chapters from the same work are indicated in the same or different footnotes,
the rules on subsequent citations (section I.C) apply.
EXAMPLES
H Thirlway, ‘The Sources of International Law’, in M D Evans (ed), International Law (3rd
edn, 2010) 95, 101.
1
J Crawford, ‘Sovereignty as a legal value’, in J Crawford & M Koskenniemi (eds), The
Cambridge Companion to International Law (2012) 117, 122; cf M Koskenniemi, ‘International
law in the world of ideas’, ibid, 47, 49–53.
2
M Fitzmaurice, ‘The Practical Working of the Law of Treaties’, in Evans, above n 1, 172,
175.
3
3.
Translated and ‘classic’ texts
THE RULE
The basic form of citation for a translated work is as follows:
Author’s name, Translated title (nth edn, year of publication: tr translator’s name, year of
translation) pin cite.
The basic form of citation for an older translated work is as follows:
Author’s name, Original title (year of publication: tr translator’s name, year of publication)
original pin cite (translated pin cite).
The difference between an old and merely translated text is usually a question of basal or
‘classic’ status in the field. If you know the work by its original title predominantly, it has
probably attained classic status, i.e. Grotius’ De iure belli ac pacis, or Vattel’s (never ‘de
Vattel’) Le Droit des gens versus Kelsen’s Pure Theory of Law.
When citing a classic text, retain the original pin cite (i.e. volume, chapter, or paragraph
number) and then follow it in parentheses with the pin cite of the translated edition as a page
reference.
EXAMPLES
H Kelsen, Pure Theory of Law (2nd edn, 1960: tr M Knight, 1970) 33.
H Grotius, De iure belli ac pacis (1625: tr J Barbeyrac, 2005) III.ii.§1 (33).
42
4.
Multi-volume works
THE RULE
When dealing with multi volume works, the rule for ordinary citations follows, but indicating
the volume number after the title like so:
Author’s name, Title, vol n (nth edn, publication year) pin cite.
When dealing with a cross-reference or immediately subsequent cite, the volume number
(again cited as ‘vol n’) should come after the linking reference (i.e. ‘ibid’ or ‘above n x’) but
before the pin cite. Use whichever numbering system the original work utilizes (i.e. ‘vol 3’, ‘vol
III’).
Where referring to the work in general (highly unlikely) then replace the reference to ‘vol n’
with ‘n vols’.
EXAMPLES
S Rosenne, The Law and Practice of the International Court, 1920–2005, vol 3 (4th edn, 2006)
33.
1
2
Ibid, vol 1, 66.
Generally: J Crawford (ed), Brownlie’s Principles of Public International Law (8th edn, 2012)
ch 32.
3
4
Rosenne, above n 1, vol 2, 345.
Generally: Simma (ed), The Charter of the United Nations: A Commentary, 2 vols (2nd edn,
2002).
5
B.
Journals
1.
The basic rule
THE RULE
The basic citation style for journal articles is as follows:
Author’s name, ‘Article Title’ (year of publication) vol n Journal Title start page, pin cite.
Note that the issue number of the journal (e.g. ‘45(2)’) does not need to be displayed.
On occasion, a journal will have no actual volume number, but instead categorize itself
according to year. The European Human Rights Law Review is a good example of this. In such
a case, the citation style is:
Author’s name, ‘Article Title’ [year of publication] issue n Journal Title start page, pin cite.
Note the use of square brackets to distinguish the cite from a journal that categorizes
according to volume, which uses parentheses.
On occasion, journal articles may be unsigned – this is particularly common with respect to
the US law reviews, for reasons which are beyond the understanding of most academics.
43
Where this occurs, the type of unsigned article (i.e. ‘Comment’ or ‘Note’) serves as the author’s
name.
EXAMPLES
D Freestone, ‘Case Note: Activities in the Area’ (2011) 105 AJIL 755.
D French, ‘From the depths: rich picking of principles of sustainable development and general
international law on the ocean floor – the Seabed Disputes Chamber’s 2011 advisory opinion’
(2011) 26 Int J of Maritime & Coastal L 525
Note, ‘Unfixing Lawrence’ (2005) 118 Harv LR 2858.
J Kleinig, ‘Paternalism and Personal Integrity’ [1983] 3 Bull Aust Soc Leg Phil 27.
2.
A word on journal title abbreviations
THE RULE
The difficulty with journal titles in many cases is that they are long, and will need to be
abbreviated. The difficulty is in making the abbreviation sensible to the average reader.
Where the journal in question is well known to the average reader of the journal, then simply
converting the title to an acronym will suffice: e.g. ICLQ (International and Comparative Law
Quarterly), AJIL (the American Journal of International Law) or BYIL (the British Yearbook
of International Law).
Where the journal in question is insufficiently well known, then it should be abbreviated to
the extent that it is possible for the reader to ascertain the full name of the journal, by
abbreviating ‘common’ expressions, such as ‘international’ (‘Int’), ‘journal’ (‘J’), ‘review’ (‘R’),
‘law’ (‘L’), ‘yearbook of international law’ (‘YIL’). The balance of the title should be abbreviated
to a sensible extent.
The determination of whether an article is common or otherwise is up to the individual editor.
At the end of the day, the most important thing is to make sure that the referencing internal
to the article is consistent. The official abbreviation of the journal may help in this, though US
law journals are often unnecessarily verbose in this respect.
When abbreviating the names of US states, use the standard abbreviations internal to the US
itself, as used when denoting congressional districts (see http://www.stateabbreviations.us/).
Thus, the Maryland Law Review becomes the Md LR.
EXAMPLES
British Yearbook of International Law
BYIL
American Journal of International Law
AJIL
International and Comparative Law Quarterly
ICLQ
Law Quarterly Review
LQR
Cambridge Journal of International and Comparative Law
CJICL
Journal of International Dispute Settlement
JIDS
German Yearbook of International Law
Ger YIL
South African Yearbook of International Law
S Af YIL
Monash University Law Review
Mon LR
Arizona Law Review
Az LR
44
International Journal of Maritime and Coastal Law
Int J of Maritime & Coastal L
(or conceivably, Int J Mar &
Coast L).
Not, e.g. Columbia Journal of Transnational Law
The Colum J Transnat’l L.
C.
Other Materials
1.
Internet sources
THE RULE
In the digital age, it is increasingly necessary to cite Internet sources, and appropriate to do
so. Where a source is cited, the URL must be provided. That said, one should be judicious in
the use of such sources.
Given the length of many URLs, it may not be practical for the full URL to be given. If that is
the case, then a shorter cite may be given to a related URL from which the reader can easily
find the source cited. The URL must be complete (i.e. ‘http://www.cjicl.org.uk’, not
‘www.cjicl.org.uk’).
The URL should be identified by being placed in chevrons (‘<>’) at the end of the reference.
The date on which the URL was accessed should be placed after the URL in square brackets.
Further information – particularly where the source is a blog post or similar – should also be
provided where possible in the usual style.
EXAMPLES
C A Miles, ‘Assange v Swedish Prosecution Authority: the (mis)application of European and
international law by the UK Supreme Court – Part II’, CJICL Blog, 21 June 2012,
<http://www.cjicl.org.uk/index.php?option=com_easyblog&view=entry&id=23&Itemid=102>
[accessed 16 October 2012].
S
Coll,
‘Veep
States’,
The
New
Yorker,
22
October
2012,
<http://www.newyorker.com/talk/comment/2012/10/22/121022taco_talk_coll> [accessed 16
October 2012].
45