Spring 2007
Table of Contents
Introduction
Research Guides & Bibliographies
Customary International Law
State Practice
General Principles
Judicial Decisions & Writings of Publicists
Introduction
According to Article 38 of the International Court of Justice Statute, customary international law and general principles of law are two sources of international law. These are also the two most difficult sources to research because they are documented in such a wide variety of sources.
Article 38 also mentions judicial decisions and the teachings of publicists as "subsidiary means for the determination of rules of law." These are not authorities, rather they are authoritative evidence of the state of international law.
Guide to International Legal Research (Newark, NJ: LexisNexis Matthew Bender, 2002-).S. Rosenne, Practice and Methods of International Law (New York: Oceana, 1984). A very thorough treatment of the topic and the resources.
C. Germain, Germain's Transnational Law Research (Ardsely-on-Hudson, NY: Transnational Juris Publications, 1991-).
Contemporary Practice of Public International Law (Schaffer and Snyder, eds., New York: Oceana, 1997).
Sources of State Practice in International Law (Gaebler & Smolka-Day eds., Ardsley, NY: Transnational Publishers, 2001-).
Researching Public International Law (Columbia Law Library). Unlike most such research guides, this one does provide some guidance on researching custom and state practice as well as general principles.
Research Guide to Customs, General Principles and the Teachings of Highly Qualified Publicists (Oklahoma City University Law Library).
Search LawCat under the subject: customary law international
What is customary international law?
"It consists of rules of law derived from the consistent conduct of States acting out of the belief that the law required them to act that way." (Rosenne, Practice and Methods of International Law, p. 55)
The elements of customary international law include:
1. Widespread repetition by States of similar international acts over time (State practice).
2. Acts must occur out of sense of obligation (opinio juris).
3. Acts must be taken by a significant number of States and not be rejected by a significant number of States."Customary international law develops from the practice of States. To international lawyers, ‘the practice of states' means official governmental conduct reflected in a variety of acts, including official statements at international conferences and in diplomatic exchanges, formal instructions to diplomatic agents, national court decisions, legislative measures or other actions taken by governments to deal with matters of international concern." (Public International Law in a Nutshell, pp. 22-23).
A peremptory norm (also called "jus cogens") is an international law rule or principle which is accepted and considered binding by the international community. Generally, these norms include prohibitions on use of force, crimes against humanity, war crimes, piracy, genocide, and slavery. For a thorough discussion of this issue, see Peremptory Norms in International Law (Oxford; New York, N.Y.: Oxford University Press, 2006). "Custom is the most commonly recognized source of peremptory norms." (See pp. 113 of Peremptory Norms in International Law).
For a good analysis of the customary international law, see Roberts, Traditional and Modern Approaches to Customary International Law: A Reconciliation, 95 Am. J. Int'l. L. 757 (2001). Contains references to other standard sources of customary international law.
Evidence of State practice
When doing research in this area, the objective is to find evidence of State practice. Evidence of State practice is found in a variety of primary source materials. A good source for locating sources of State practice for a number of countries is Sources of State Practice in International Law (Gaebler & Smolka-Day eds., Ardsley, NY: Transnational Publishers, 2001-).
In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, practice of international organizations. This list, which was not intended to be exhaustive, is useful as a starting point and a basis for discussion." ( [1950] 2 Y.B. Int'l L. Comm'n 367, U.N. Doc. A/CN.4/Ser.A/1950/Add.1 (1957)).
Records of a State's foreign relations and diplomatic practices
Look at compiled state papers or diplomatic archives. Search LawCat under the following subject headings:[country]--foreign relations; [country]--history--sources.
The materials listed below focus on U.S. sources.American State Papers: Documents, Legislative and Executive, of the Congress of the United States (38 vols., reprint, Buffalo, NY: W. S. Hein, 1998). This 38 volumes covers 1789-1838. Also all volumes are available on the web.
Papers Relating to the Foreign Relations of the United States (Washington, DC: G.P.O., 1861-1931) [available in the Main Library]. Covers 1789-1931. Contains documents, letters, etc.
Foreign Relations of the United States (Washington, DC: GPO, 1861-). Retrospective coverage. More than a twenty year time lag. Some volumes are available on the State Dept.'s web site and the University of Wisconsin Digital Collections.
A Decade of American Foreign Policy: Basic Documents, 1941-1949 (Washington, DC: GPO, 1985).
American Foreign Policy: Current Documents (Washington, DC: Historical Division, Bureau of Public Affairs, 1959-1969). Covers 1956-1967. Contains full text documents on fiche (official messages, reports, press statements).
American Foreign Policy: Basic Documents (Washington, DC: GPO, 1983-). Covers 1977-1980.
American Foreign Policy: Current Documents (Washington, DC: GPO, 1984-1991). Covers 1981-1991.
Department of State Bulletin (Washington, DC: Office of Public Communication, Bureau of Public Affairs, 1939-1989).
U.S. Department of State, Dispatch (Washington, DC: Office of Public Communication, Bureau of Public Affairs, 1990-1999). Monthly updates on foreign relations. Also on Westlaw (USDPTSTDIS) and Lexis (Legal > Federal Legal - U.S. > Executive Branch Materials > Department of State Dispatch). Now this information is available on the State Department's web site.
Other countries have similar collections, but they may not be as easy to access. However, some collections are available on the web. For example, Swiss Diplomatic Documents (DDS) provides access to thousands of documents and pieces of information. This site links to collections of diplomatic papers for other countries.
Legislation concerning a country's international obligations
A country's domestic laws also provide evidence of international custom. Yearbooks are also helpful in identifying legislation, see below. Look at session laws, gazettes, statutory laws, and compilations of laws to locate relevant materials (under international law topics). To find session laws and statutory compilations of individual states, search LawCat under the subject: gazettes--[country]; [country]--law; session laws--[country].
See also Robert's Guide to Official Gazettes and Their Contents (Washington, D.C.: Law Library, Library of Congress, 1985). See also Government Gazettes Online.
Another very good source to use is Reynolds and Flores, Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World (Littleton, CO : F.B. Rothman, 1989-). The electronic version of this source is Foreign Law Guide (UCB only).
United Nations Legislative Series (New York: United Nations, 1951-) [UN Room]. Collection of national laws concerning various areas of international law (not complete for every country). For example, see National Laws and Regulations on the Prevention and Suppression of International Terrorism (New York: United Nations, 2002-).
Some countries are putting legislation on the web. See Harvard's collection of foreign law links.
Some legislation is available on LexisNexis and Westlaw. See the database directories for more information.
Resolutions, declarations, and legislative acts of intergovernmental organizations
Practice of inter-governmental organizations is found in resolutions, declaration, and the like. Resolutions are non-binding, but they reflect the acceptance of international norms. International practice of states is evident in these documents through voting practices. Look at official records of intergovernmental organizations. Search LawCat under the author: [name of igo and its organs]. See also IGO yearbooks listed below.
United Nations
Resolutions and Decisions Adopted by the General Assembly.
Available in the following locations:Resolutions and Decisions of the Security Council.Resolutions and Decisions Adopted by the General Assembly (New York: United Nations, 1976- ). Paper version published as part of the Official Record from 1976 on.
AccessUN (UCB only). Contains some full-text resolutions.
ODS (Official Documents System of the United Nations). "ODS covers all types of official United Nations documentation, beginning in 1993. Older UN documents are, however, added to the system on a daily basis. ODS also provides access to the resolutions of the General Assembly, Security Council, Economic and Social Council and the Trusteeship Council from 1946 onwards."
UN Documents. Provides access to many full-text resolutions.
UNBISnet - UN Bibliographic Information System, good source for voting records.
See Wiltrud Harms in the UN Room for further assistance with locating resolutions.
Available in the following locations:Resolutions and Decisions of the Security Council (New York: United Nations, 1949-).
AccessUN (UCB only). Contains some full-text resolutions and indexes others.
ODS (Official Documents System of the United Nations). "ODS covers all types of official United Nations documentation, beginning in 1993. Older UN documents are, however, added to the system on a daily basis. ODS also provides access to the resolutions of the General Assembly, Security Council, Economic and Social Council and the Trusteeship Council from 1946 onwards."
UN Documents. Provides access to some full-text resolutions.
UNBISnet - UN Bibliographic Information System is good source for voting records.
See Wiltrud Harms in the UN Room for further assistance.
Other IGOs
In order to locate references to evidence of customary international law in the above mentioned sources, use the following tools:The UN is just one example of an intergovernmental organization. Other IGOs issue similar types of documents. For more information on the practice of international organizations, see yearbooks listed below.
Digests of international lawArticle 38 of the International Court of Justice Statute includes "general principles of law recognized by civilized nations" to be another source of international law.Use digests to locate customary international law contained in diplomatic papers of States.
Search LawCat under the subject: law reports, digests, etc; law reports, digests, etc--[country].
United States
Cadwalader, Digest of Published Opinions of the Attorneys-General and of the Leading Decisions of the Federal Courts, with Reference to International Law, Treaties, and Kindred Subjects (Washington, DC: G.P.O., 1877). Subject guide to documentary sources (mostly quotations) taken from court cases and attorney general opinions.Wharton, Digest of the International Law of the United States (Washington, DC: GPO, 1886). Subject guide to official statements of Pres. and Secty. of State, court decisions and attorney general opinions.
Moore, Digest of International Law (Washington, DC: GPO, 1906). Supersedes Cadwalder and Wharton; more like a treatise.
Hackworth, Digest of International Law (Washington, DC: GPO, 1940-1944). Continues 1906 ed. through 1939.
Whiteman, Digest of International Law (Washington, DC: GPO, 1963-1973). Covers 1940-1960; but topics have different coverage.
Digest of United States Practice in International Law (Washington, DC: GPO, 1973-1980; Washington, DC: International Law Institute, 2001-). Continues Whiteman. Not complete approach of predecessors; only includes calendar year material. The earlier edition was continued by Cumulative Digest of United States Practice in International Law (Washington, DC: GPO, 1981-) which covered 1981-1988. Supplemented monthly by American Journal of International Law (column: "Contemporary Practice of the United States Relating to International Law"). The new edition of the Digest began with 2000 and is supposed to be issued annually. Documents listed in the Digest are available on the State Dept.'s web site.
Murphy, United States Practice in International Law (Cambridge: Cambridge University Press, 2002-). Vol. 1 covers 1999-2001. A thorough survey of U.S. international law practice arranged by topic. It includes citations to US statutes and cases, US documents, international documents and materials.
Restatement of the Law, Third, Foreign Relations (St. Paul, MN: American Law Institute Publishers, 1987-, plus supplement). Unofficial but authoritative digest. Also available on Westlaw and LexisNexis.
Hyde, International Law Chiefly as Interpreted and Applied by the United States (2nd rev. ed. , Boston: Little, Brown, 1945).
Other States
RepertoriesInternational Law, Chiefly as Interpreted and Applied in Canada (6th ed., Toronto: Edmond Montgomery, 2000).
British Digest of International Law (London, Stevens, 1965-). Covers materials in Foreign Office archives 1860-. Not yet complete.
National Treaty Law and Practice: France, Germany, India, Switzerland, Thailand, United Kingdom (Leigh and Blakeslee, eds., Washington, DC: American Society of International Law, 1995).
National Treaty Law and Practice: Austria, Chile, Colombia, Japan, The Netherlands, United States (Leigh and Blakeslee, eds., Washington, DC: American Society of International Law, 1999).
National Treaty Law and Practice: Canada, Egypt, Israel, Mexico, Russia, South Africa (Washington, DC: American Society of International Law, 2003).
National Treaty Law and Practice: Dedicated to the Memory of Monroe Leigh (Leiden; Boston: M. Nijhoff, 2005). Covers Austria, Canada, Chile, China, Colombia, Egypt, France, Germany, India, Israel, Japan, Mexico, The Netherlands, Russia, South Africa, Switzerland, Thailand, United Kingdom and the United States).
Many countries have web sites for departments or ministries similar to the U.S. Dept. of State. For example, the United Kingdom's Foreign and Commonwealth Office, Australia's Department of Foreign Affairs and Trade, and Germany's Auswärtiges Amt. Information varies from country to country.
These are considered the digests of the practice of international organizations.
Repertory of Practice of United Nations Organs (New York: United Nations, 1958-). Comprehensive summary of the decisions of UN bodies, organized by the articles of the UN Charter. Deals with the application and interpretation of the Charter. Kept up with supplements, but nothing new has been issued in quite some time. Available on the UN's web site.Yearbooks of States and of intergovernmental organizationsRepertoire of the Practice of the Security Council (New York: United Nations, 1946-). The "ways and means for making the evidence of customary international law readily available." It is an analytical record of the practice of the Security Council. Kept up with supplements. Also available on the UN web site from 1946-2003.
In LawCat, search under the subject: international law--yearbooks; international law--periodicals. Yearbooks provide surveys of State practice by treaty and international activities. They may also provide information on national case law involving questions of international law or national legislation concerning matters of international law.
State Yearbooks
African Yearbook of International Law = Annuaire Africain de Droit International (Dordrecht; Boston: M. Nijhoff; Norwell, MA, U.S.A.: Sold and distributed in the U.S.A. and Canada by Kluwer Academic Publishers, 1994-).
Annuaire Européen = European Yearbook (The Hague: Nijhoff, 1955-). French and English. Contains information on various European IGO's (staff, members, activities, documentation).
Annuaire Français de Droit International (Paris: Editions du Centre National de la Recherche Scientifique, 1955-). Table of contents at end. Has table of principle treaties and alphabetical index at end and information on IGO's.
Anuario Mexicano de Derecho Internacional (México, D.F.: Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México, 2001-)
Asian Yearbook of International Law (Dordrecht; Boston: M. Nijhoff; Norwell, MA, U.S.A.: Sold and distributed in the U.S.A. and Canada by Kluwer Academic Publishers, 1993-). Covers issues related to the region and international law.
Australian Year Book of International Law (Sydney: Butterworths, 1966-). Survey of current international law issues and a digest of Australian practice. Also available on HeinOnline.
Baltic Yearbook of International Law (The Hague: Kluwer Law International, 2002-).
British Year Book of International Law (London: H. Frowde: Hodder & Stoughton, 1921-). Substantive articles, case tables, index, list of treaties signed, municipal laws related to international law. Also available on HeinOnline.
Canadian Yearbook of International Law = Annuaire Canadien de Droit International (Vancouver: University of British Columbia Press, 1963-).
Chinese Yearbook of International Law and Affairs (Baltimore: Chinese Society of International Law, 1981-). Articles and state practice relating to international law issues.
Finnish Yearbook of International Law (Helsinki: Ius Gentium Association, 1990-).
German Yearbook of International Law = Jahrbuch für Internationales Recht (Berlin: Duncker & Humblot, 1948-). Table of contents in English; articles in German, French and English. Summarizes work of IGO's. The Max Planck Institute for Comparative Public Law provides the text of German practice from the Yearbook from 1993 -2003 (in German).
ISIL Year Book of International Humanitarian and Refugee Law (New Delhi: Indian Society of International Law, 2001-).
The Italian Yearbook of International Law (Napoli: Editoriale Scientifica; [Dobbs Ferry, N.Y.: Distributed by Oceana Publications], 1975-). Articles by Italian legal scholars and information on Italian practice related to public international law issues.
Japanese Annual of International Law (Tokyo: Japan Branch of the International Law Association, 1957-). Articles on international law issues as well as court decisions, treaties, etc.
Netherlands Yearbook of International Law (Leiden: A.W. Sijthoff, 1970-). Substantive articles and Netherlands state practice.
New Zealand Yearbook of International Law ([Christchurch, N.Z.]: International Law Group, School of Law, University of Canterbury, 2004-).
The Palestine Yearbook of International Law ([Nicosia, Cyprus]: Al-Shaybani Society of International Law, 1984-).
The Polish Yearbook of International Law (Wroclaw: Zaklad Narodowy Im. Ossolinskich, 1967-). Articles on international law issues and a list of the treaties Poland has ratified.
Schweizerisches Jahrbuch fur Internationales Recht = Annuaire Suisse de Droit International (Zurich: Polygraphischer Verlag, 1944-1990). German and French, includes articles and documents.
Schweizerische Zeitschrift fur Internationales und Europaisches Recht = Revue Suisse de Droit International et de Droit Europeen (Zurich: Schulthess Polygraphischer Verlag, 1991-).
Singapore Year Book of International Law (Singapore: Faculty of Law, National University of Singapore, 2004-). Also available on HeinOnline.
South African Yearbook of International Law = Suid-Afrikaanse Jaarboek vir Volkereg (Pretoria: VerLoren Van Themaat Centre for International Law, University of South Africa, 1975-). Includes articles, court decisions, notes, and South Africa's practice regarding international law.
Sovetskii Ezhegodnik Mezhdunarodnogo Prava = Soviet Year-Book of International Law (Moskva: Izd-vo Akademiia Nauk SSSR, 1958-1994). Table of contents in English, French, German. Articles are summarized in English.
Spanish Yearbook of International Law (Dordrecht ; Boston : M. Nijhoff, 1994-). Articles on international law from a Spanish point of view as well as Spain's state practice.
Rossiiskii Ezhegodnik Mezhdunarodnogo Prava = Russian Yearbook of International Law (Sankt-Peterburg: Sotsialno-kommercheskaia Firma "Rossia Neva", 1994-). Summaries and table of contents are in English.
Individual IGOs publish yearbooks that provide an annual survey of activities. Some yearbooks cover the international law activities of various organizations.
Annual Review of United Nations Affairs (Dobbs Ferry, NY: Oceana, 1957-). ARUNA provides the text of important documents from the five key UN bodies.
Anuario Juridico Interamericano (Washington: Pan American Union, 1948-1986). Reports of activities of the OAS. Includes legal studies and essays.
Global Community: Yearbook of International Law and Jurisprudence (Dobbs Ferry, NY : Oceana Publications, Inc., 2001-). Contains substantive articles on international law issues, decisions of international courts and tribunals (such as ICJ, ITLOS, WTO, ICTY, and more), and a section on contemporary practice of international law.
Hague Yearbook of International Law = Annuaire de La Haye de Droit International (Dordrecht: M. Nijhoff, 1988-). Contains articles on international law issues and a section on the activities of international law institutions at the Hague (ICJ, ICTY, PCA, etc.).
Max Planck Yearbook of United Nations Law (London: Boston: Kluwer Law International, 1998-). This annual focuses on UN activities in the field of international law. Some volumes are available on the web.
United Nations Juridical Yearbook (New York: United Nations, 1962-). Covers judicial decisions of international and national tribunals. Includes unpublished legal opinions of the Secretariat. Some legal opinions are available on the web.
United Nations International Law Commission, Yearbook of the International Law Commission (New York: United Nations, 1949-). This body is charged with codifying international law. Includes summaries of reports and documents of I.L.C. and UN General Assembly, records of current session (commentaries on draft articles, articles under consideration) and record of annual session. This is a very important tool because often the views of the member-States are often sought on draft treaties. See the ILC web site.
Yearbook of European Law (New York: Oxford University Press, 1981-). Focuses on the EU. Includes case table.
Yearbook of International Humanitarian Law (The Hague, The Netherlands: T.M.C. Asser Press, 1998-).
Yearbook of the United Nations (New York, United Nations, 1947-). Describes proceedings and activities of U.N. organs and bodies.
Some Specific Sources
State Practice Regarding State Immunities (Leiden, The Netherlands ; Boston, MA : Martinus Nijhoff, 2006).
Customary International Humanitarian Law (Cambridge; New York: Cambridge University Press, 2005). Detailed three volume set; volume 1 contains the rules and vols 2 &3 contain examples of State practice.
Customary International Law on the Use of Force: A Methodological Approach ( Leiden ; Boston : M. Nijhoff, 2005).
What are general principles of international law?
Principles of fairness and justice which are applied universally in legal systems around the world (e.g. good faith, res judicata, impartiality of judges). They frequently involve procedural matters. International tribunals rely on these principles when they cannot find authority in other sources of international law.Where can general principles be found?
There are a few sources that provide information on general principles, see Cheng, General Principles of Law, as applied by International Courts and Tribunals (London, Stevens, 1953).
Judicial Decisions and Writings of PublicistsArticle 38 also mentions "judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law." These are not authorities, rather they are evidence of the sources of international law. Use these materials to find references to and recognition of rules in other sources (treaties, customary law, and general principles).
Judicial Decisions of International Tribunals
In LawCat, search under the author: [name of court]; or under the subject: international law--cases. Information on structure and procedure for many international courts and tribunals is available from Manual on International Courts and Tribunals (Philippe Sands, ed., London: Butterworths, 1999).
Permanent Court of International JusticeRecueil des Arrets = Collection of Judgments [Series A] (Leyden, Netherlands: A.W. Sijthoff, 1923-30).International Court of JusticeRecueil Des Avis Consultatifs = Advisory Opinions [Series B] (Leyden : Société d'éditions A.W. Sijthoff, 1922-30). Later merged with Series A into Arrets Ordonnances et avis Consultatifs = Judgments, Orders, and Advisory Opinions. [Series A/B] (Leyden: A.W. Sijthoff, 1931-40).
Actes et Documents Relatifs aux Arrêts et aux Avis Consultatifs de la Cour = Acts and Documents Relating to Judgments and Advisory Opinions [Series C] (Leyden: A.W. Sijthoff, 1922-30).
Permanent Court of International Justice (1922-1946) decisions are also available on the ICJ web site.
Recueil Des Arrets, Avis Consultatifs et Ordonnances = Reports of Judgments, Advisory Opinions and Orders (Leyden: A.W. Sijthoff, 1947-). French/English. Also on Westlaw and LexisNexis.Court of Justice of the European UnionMemoires, Plaidoiries et Documents = Pleadings, Oral Arguments and Documents (Leyden: A.W. Sijthoff, 1947-). Motions, briefs, oral arguments. French/English.
Yearbook (Hague: The Court, 1947-). Biographies and summaries of court's work.
World Court Reports (Reprint of the 1934 ed. published by the Carnegie Endowment for International Peace, Dobbs Ferry, NY: Oceana, 1969). Includes commentary and summaries.
Case Law of the International Court (Hambro, ed., Leyden: A.W. Sijthoff, 1952-). Digest of cases. Includes bibliography.
Documents on the International Court of Justice (3rd ed., Boston: Dordrecht, 1991).
Répertoire de la Jurisprudence de la Cour Internationale de Justice (1947-1992) = Repertory of Decisions of the International Court of Justice (1947-1992) (Dordrecht; London: Martinus Nijhoff).
World Court Digest (Berlin: Springer, 1993-). Covers 1986-2000 so far. Available on the web site of the Max Planck Institute. Earlier editions are under the title Fontes Iuris Gentium.
Westlaw (INT-ICJ) and LexisNexis (Legal > Area of Law - By Topic > International Law > Cases).
Official ICJ web site and the official mirror site at Cornell. This site also offers Germain's International Court Research Guide.
Reports of Cases Before the Court (Luxembourg: Court of Justice of the European Communities, 1959-).European Court of Human RightsDigest of Case Law Relating to the European Communities (Luxembourg: Office for Official Publications of the European Communities, 1981-).
LexisNexis and Westlaw.
Publications de la Cour Européenne Des Droits de l'Homme. Série A, Arrêts et Décisions = Publications of the European Court of Human Rights. Series A, Judgments and Decisions (Strasbourg: Greffe de la Cour, Conseil de l'Europe, 1961-1996).Permanent Court of ArbitrationPublications de la Cour Européenne Des Droits de l'Homme. Série B, Mémoires, Plaidoiries et Documents = Publications of the European Court of Human Rights. Series B, Pleadings, Oral Arguments, and Documents (Strasbourg: Greffe de la Cour, Conseil de l'Europe, 1962-1995). Numbered volumes are separately catalogued.
Recueil Des Arrêts et Décisions = Reports of Judgments and Decisions (Köln: Carl Heymanns Verlag, 1996-).
European Human Rights Reports (London : European Law Centre Ltd., 1979-). LexisNexis (International Law > Cases > Human Rights Cases).
Hague Court Reports (New York: Oxford University Press, 1916-1932).Other International Courts and TribunalsReports of International Arbitral Awards (Leyden: A.W. Sijthoff, 1948-).
Survey of International Arbitrations (3rd ed., Dordrecht: Nijhoff, 1990).
Wetter, International Arbitral Process: Public and Private (Dobbs Ferry, NY: Oceana, 1979-).
International Commercial Arbitration (Dobbs Ferry, NY: Oceana, 1979-).
Répertoire de la Jurisprudence Arbitrale International = Repertory of International Arbitral Jurisprudence (Boston: Martinus Nijhoff Publishers, 1989-[c1991]).
PCA's web site. Cornell is also a mirror site for this court as well.
There are several other international courts and tribunals, all of which issue decisions. To locate print versions of judgments from these courts, do an author search on LawCat.
- Inter-American Court of Human Rights
- International Criminal Court
- International Criminal Tribunal for the Former Yugoslavia (ICTY). Also available on Westlaw.
- International Criminal Tribunal for Rwanda (ICTR). Also available on Westlaw.
- International Tribunal for the Law of the Sea (ITLOS)
- Iraqi Special Tribunal
- Khmer Rouge Trials
- Khmer Rouge Trial Task Force
- Serious Crimes Unit, East Timor
- Special Court for Sierra Leone
Other Useful Web Sites
These sites provide access to many other international courts and tribunals, as well as other related information.
- Commonwealth and International Human Rights Case Law Databases (Interights)
- Hague Justice Portal (new site)
- International Dispute Settlement section of EISIL.
- International Justice Tribune (UCB only)
The International Justice Tribune is an e-journal that covers international criminal justice and publishes investigative articles and interviews about world-wide efforts to try war criminals, from the International Criminal Court to domestic courts. An archive of past articles is also available.- Project on International Courts and Tribunals (PICT)
- World Courts (access to decisions from several international courts)
- WorldLII: International Courts & Tribunals Project
- WorldLII: International Courts & Tribunals
Print Collections
These compilations reprint selected cases from a variety of courts and tribunals.
Global War Crimes Tribunal Collection (Nijmegen, the Netherlands: Global Law Association; Holmes Beach, Fla.: Gaunt, 1997-).
International Human Rights Reports (IHRR) (Nottingham, U.K.: Human Rights Law Centre, Dept. of Law, University of Nottingham, 1994-). Reproduces cases from the UN Human Rights Committee, the UN Committee against Torture, CERD, the Inter-American Commission on Human Rights, the Inter American Court of Human Rights, the African Commission on Human and Peoples' Rights, the Yugoslav and Rwanda War Crimes Tribunals, and the Bosnian Human Rights Chamber.
International Law Reports (Lauterpacht, ed., London: Butterworth, 1919-). Previous titles were Annual Digest of Public International Law Cases and Annual Digest and Reports of Public International Law Cases. Contains full text of cases, translated into English, from both national and international tribunals.
International Legal Materials (Washington, DC: American Society of International Law, 1962-). Also available on HeinOnline (UCB only), LexisNexis and Westlaw. Reprints selected cases from international courts and tribunals.
The International Criminal Law Reports (London: Cameron May, 2000-).
International Environmental Law Reports (Cambridge, UK : Cambridge University Press, 1999-).
International Labour Law Reports (Alphen aan de Rijn: Sijthoff & Noordhoff, 1978-).
The International Trade Law Reports (London: Cameron May, 1996-).
Court Decisions of an Individual State (country) Concerning its International Obligations
Look at court reports and special collections of court reports concerning international law issues. Search LawCat under the subject: international law--cases; [country]--law reports, digests, etc. The yearbooks mentioned above are also a good source for this information.
International Law Reports (Lauterpacht, ed., London: Butterworth, 1919-). Previous titles were Annual Digest of Public International Law Cases and Annual Digest and Reports of Public International Law Cases. Contains full text of cases, translated into English, from both national and international tribunals.British International Law Cases (London: Stevens & Sons; Dobbs Ferry, NY: Oceana Publications, 1964-1970). Collection of British decisions on international law. Cumulative index.
Fitzmaurice, M., Landmark Cases in Public International Law (London; Boston: Kluwer Law International, 1998).
International Law in Domestic Courts (ILDC) (UCB only).
A collection of domestic cases in international law from over 60 jurisdictionsSome web sites:
- WorldLII: Case Law Databases
- WorldLII: Courts & Case-Law
- Global Courts: Supreme Court Decisions Around the World
- World Law Guide: Courts
Look at scholarly works (treatises, journal articles, publications of scholarly associations, and articles in international law encyclopedias). These sources are generally the best place to start researching an international law topic since they can help you identify rules in other sources of international law, such as treaties.
Treatises
The writings of publicists abound in the Law Library. Listed below are some of the most important works. If looking for more works, search LawCat under the subject: international law. To locate such treatises in other languages, select the appropriate language from a keyword search or limit the original search by language.
Bowett's Law of International Institutions (Philippe Sands; Pierre Klein; D W Bowett, eds., 5th ed., London: Sweet & Maxwell, 2001) discusses the law and practice of international institutions.
Brierly, Law of Nations: An Introduction to the International Law of Peace (6th ed., Oxford: Clarendon Press, 1963).
Brownlie, Principles of Public International Law (6th ed., New York: Clarendon Press, 2003).
Buergenthal & Murphy, Public International Law in a Nutshell (3rd ed., St. Paul, MN: West Group, 2002).
Janis, An Introduction to International Law (4th ed., New York: Aspen Publishers, 2003) introduces the subject and explains the basic concepts and issues.
Jennings, Oppenheim's International Law (9th ed., London: Longmans, 1992).
Malanczuk, Akehurst's Modern Introduction to International Law (7th rev. ed., London: Routledge, 1997).
Shaw, International Law (5th ed., Cambridge: New York: Cambridge University Press, 2003).
Schwarzenberger, A Manual of International Law (6th ed., Milton, England: Professional Books, 1976).
Von Glahn, Law Among Nations: An Introduction to Public International Law (7th ed., Boston: Allyn and Bacon, 1996).
Encyclopedia of Public International Law (Amsterdam: North Holland, 12 vols., 1981-1990). New edition (Amsterdam: New York: Elsevier North Holland, 1992-).
Journal Articles
Search LawCat under the subject: international law--periodicals. These are just a few, don't forget to search periodical indexes. International journals and yearbooks provide surveys of state practice by treaty as well.
American Journal of Comparative Law (Berkeley : American Association for the Comparative Study of Law, 1952-). Also available from Hein Online, JSTOR, Lexis and Westlaw.Publications of scholarly international law associationsHague Academy of International Law, Recueil des Cours (Leyde, A.W. Sijthoff, 1923-). French and English.
International and Comparative Law Quarterly (London: British Institute of International and Comparative Law, 1952-). Also available on HeinOnline.
Institute of International Law, Annuaire de l'Institut de Droit International (Paris: A. Pedone, 1877-). Library has 1947-. Reports of annual meeting; texts of resolutions.
European Journal of International Law (Firenze Ferrovia : European Journal of International Law, European University Institute, 1990-). Also available on HeinOnline.
Search LawCat under the author: [NAME OF ASSOCIATION].
International Law Association, Report of the ... Conference (London: The Association, 1873-). Reports of working committees; names and addresses of members. Often summarizes the state of customary law on a particular subject.International law encyclopediasInstitute of International Law, Annuaire de l'Institut de Droit International (Paris: A. Pedone, 1877-). Library has 1947-. Reports of annual meeting; texts of resolutions.
Hague Academy of International Law, Recueil des Cours (Leyde, A.W. Sijthoff, 1923-). French and English.
United Nations International Law Commission, Yearbook of the International Law Commission (New York: United Nations, 1949-). This body is charged with codifying international law. This is a very important tool because often the views of the member-States are often sought on draft treaties. See their web site.
Encyclopedia of Public International Law (Amsterdam: North Holland, 12 vols., 1981-1990). New edition (Amsterdam: New York: Elsevier North Holland, 1992-).
Grant, Parry & Grant Encyclopaedic Dictionary of International Law (2nd ed., New York: Oceana, 2004).
Osmanczyk, The Encyclopedia of the United Nations and International Agreements (3rd ed., NY: Taylor & Francis, 2003).