International & Foreign Legal Research
Researching Treaties and International Agreements

Spring 2007

Home Syllabus Book Site Lawcat Wiki Library Home

Table of Contents

Introduction
Research Guides
General Sources for Treaties
U.S. Treaties and Agreements
Treaties Where the U.S. is not a Party and Multilateral Treaties
Treaties by Popular Name
Treaty Citations

Introduction

International Treaties and Agreements

Treaties can be referred to by a number of different names: international conventions, international agreements, covenants, final acts, charters, protocols, pacts, accords, and constitutions for international organizations.  Usually these different names have no legal significance in international law.  Treaties may be bilateral (two parties) or multilateral (between several parties) and a treaty is usually only binding on the parties to the agreement.  An agreement "enters into force" when the terms for entry into force as specified in the agreement are met.  Bilateral treaties usually enter into force when both parties agree to be bound as of a certain date. 

For assistance in locating the definitions of key terms used in treaties and agreements, see the UN Treaty Handbook.

For more information on treaties, see Thomas Buergenthal & Sean Murphy, Public International Law in a Nutshell (3rd ed., St Paul, MN: West, 2002) or Encyclopedia of Public International Law, vol. 7, pps. 459-514 (Amsterdam: North-Holland, 1981-). 

U.S. Treaties and Agreements

"Domestically, treaties to which the United States is a party are equivalent in status to Federal legislation, forming part of what the Constitution calls 'the supreme Law of the Land.'"  Yet, the word treaty does not have the same meaning in the United States and in international law.[1] The Vienna Convention on the Law of Treaties defines a treaty “as an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation." [2]

Under United States law, however, there is a distinction made between the terms treaty and executive agreement.  “In the United States, the word treaty is reserved for an agreement that is made ‘by and with the Advice and Consent of the Senate’ (Article II, section 2, clause 2 of the Constitution).  International agreements not submitted to the Senate are known as ‘executive agreements’ in the United States.” [3]  Under international law, both types of agreements are considered binding.  Regardless of whether an international agreement is called a convention, agreement, protocol, accord, etc.; if it is submitted to the Senate for advice and consent, it is considered a treaty under United States law. 

For a brief overview of this issue, see Frederic Kirgis, International Agreements and U.S. Law, ASIL Insight, No. 10, May 1997. To learn more about the Senate's treaty making powers, see the Senate's web site.

Research Guides

These guides are good places to begin when researching treaties and agreements.  Many contain information on both print and electronic sources.

Jacobstein, Myron J. and Roy M. Mersky, Fundamentals of Legal Research (8th ed., Westbury, NY: Foundation Press, 2002). See chapter 20 "International Law" for a good discussion of treaty research sources.

Guide to International Legal Research (Newark, N.J.: LexisNexis, 2002-). See section 2.04.

Germain, Claire M., Germain 's Transnational Law Research (Ardsely-on-Hudson, N.Y.: Transnational Juris Publications, 1991-). Treaties are covered under the topics and jurisdictions.

Rehberg, Jeanne, "Finding Treaties and Other International Agreements," in Accidental Tourist on the New Frontier: an Introductory Guide to Global Legal Research (Rehberg & Popa eds., Littleton, CO: Rothman, 1998).

Sources of State Practice in International Law (Ralph Gaebler and Maria Smolka-Day eds., Ardsley, N.Y.: Transnational Publishers, 2002-). This volume covers selected countries and includes information on general treaty collections, treaty indexes, topical treaty collections, and state practice materials for each country.

Thorpe, Suzanne, "A Guide to International Legal Bibliography," (chapter 2) in Contemporary Practice of Public International Law (Schaffer and Synder, eds., New York: Oceana, 1997).

Web guides:

General Sources for Treaties

There are many sources for locating treaties and agreements. Listed below are some general sources where treaties are published (for both bilateral and multilateral treaties).

Official country treaty series (e.g., Canada Treaty Series). These series can be identified by using the List of Treaty Collections by the United Nations Office of Legal Affairs (New York: United Nations, 1956).  Also check a country legal research guide or search under the subject [country]--foreign relations--treaties. Official treaty series are usually slower in publication than other treaty sources and not all countries have treaty series. These series are especially important for locating bilateral treaties.

IGO treaty series, such as League of Nations Treaty Series (Geneva: League of Nations, 1919-1945) or United Nations Treaty Series (New York: United Nations, 1946-). Locate these sets by using the subject treaties--collections or by checking a bibliography or publications catalog for the IGO. These sets are usually slow in publication -- the U.N. is about 2-3 years behind.  An important source for locating multilateral treaties.

Official gazettes -- often the first official source (e.g., Bundesgesetzblatt, Part II for Germany). See Roberts, A Guide to Official Gazettes and Their Contents (Washington, DC: Law Library, Library of Congress, 1985) or do a subject search using gazettes--[country]. See also Government Gazettes Online.

Statutory compilations (chronological) such as Statutes at Large of the United States.  Search under the country's name or check a legal research guide.

Looseleaf services.  Find a service on the subject matter of the treaty using Legal Looseleafs in Print (New York: InfoSources Pub., 1981-) or a legal research guide.  For example, Investment Promotion and Protection Treaties (compiled by ICSID, London; New York: Oceana Publications, 1983-). The frequency of updating for looseleafs vary from every week to every year to every 2-3 years.   A pretty good source for recent treaties and agreements.

Electronic sources (web databases or CD-ROMs). To identify relevant electronic sources use database directories, catalogs, and legal research guides.  Electronic sources, especially web databases, are good for locating very recent treaties.

Periodical literature (e.g., Beijing Review and ILM). Some periodicals regularly reprint major treaties and others contain articles in which the text of a treaty being discussed might be appended. 

Other sources of treaty texts include proceedings of international conferences (sometimes, the treaty is the "final act" of the conference); documents of international organizations and national government bodies such as U.S. Congress (Senate Treaty Documents); monographic subject compilations; newspapers (e.g., New York Times); governmental bodies (e.g., U.S. State Dept. or foreign consulates); and press releases.

Some treaties are separately published (not part of a set)--these can be found by doing a title search under the name of the treaty or the subject matter, to find compilations, add the word "treaties" to a subject search as in taxation, double--united states--treaties.  You may also try other subject searches such as commercial treaties or european economic community countries--commercial treaties.

U.S. Treaties and Agreements

Usually, the researcher is faced with the following research problems:

  • Locating the text of the treaty or agreement.
  • Obtaining status and ratification information for all countries or for the U.S. only.
  • Checking for any reservations, understandings, declarations, or other conditions made by the relevant parties.
  • Looking at the intent through background documents (negotiation, legislative history) or how courts have interpreted the treaty or agreement.

Ratification and Implementation of U.S. Treaties and Agreements

When conducting U.S. treaty research, it is important to understand the ratification and implementation process.  Negotiation of treaties and international agreements is the responsibility of the Executive Branch.  The U.S. Department of State provides the Foreign Service with detailed instructions for the negotiation and conclusion of treaties and international agreements.  These instructions are part of the Foreign Affairs Manual, Circular 175.[4]Circular 175 summarizes the constitutional requirements for determining whether an international agreement should be considered a treaty or an agreement. It outlines the general procedures for negotiation, signature, publication, and registration of treaties and international agreements.

Outline of the treaty making process:

  • Secretary of State authorizes negotiation
  • U.S. representatives negotiate
  • Agree on terms, and upon authorization of Secretary of State, sign treaty
  • President submits treaty to Senate
  • Senate Foreign Relations Committee considers treaty and reports to Senate
  • Senate considers and approves by 2/3 majority
  • President signs instrument of ratification
  • Treaty enters into force based on the terms of the treaty
  • President proclaims entry into force

Outline of the agreement making process:

  • Secretary of State authorizes negotiation
  • U.S. Representatives negotiate
  • Agree on terms, and upon authorization of Secretary of State, sign agreement
  • Three types of agreements [5]
  • Agreement enters into force
  • President transmits agreement to Congress (pursuant to Case-Zablocki Act)[6]

For more information on the ratification and implementation process, see the following:

Treaties and Other International Agreements: The Role of the United States Senate: A Study (S.Prt. 106-71 Washington, DC: U.S.G.P.O, 2001). Also available on HeinOnline (UCB only).

Robert E. Dalton, "National Treaty Law and Practice: United States," in National Treaty Law And Practice: Dedicated to the Memory of Monroe Leigh (Duncan B. Hollis et al. eds., Leiden; Boston: M. Nijhoff, 2005). The first edition of this chapter is available on the web, National Treaty Law and Practice: United States, in National Treaty Law and Practice: Austria, Chile, Colombia, Japan, the Netherlands, United States (Washington, DC: American Society of International Law, 1999).

Forms of Publication

Until 1950, U.S. treaties appeared regularly after proclamation in Statutes at Large (Washington, DC: U.S.G.P.O., 1789-). Pre-1950 treaties can also be found in Treaties and Other International Agreements of the United States of America, 1776-1949 (Bevans, ed., Washington, DC: U.S.G.P.O., 1968-1976). This 13 volume set is commonly cited by the compilers' name, Bevans.  In 1950, United States Treaties and Other International Agreements (U.S.T.) (Washington, DC: U.S. Dept. of State, 1950-) became the official source for all U.S. treaties and agreements.  Several volumes are published annually, each with a non-cumulative subject and country index. Note that there is currently almost a 20 year lag time between ratification and official publication in U.S.T.

U.S. treaties first appear in slip form in Treaties and Other International Acts Series (T.I.A.S.) (Washington, DC: U.S. Dept. of State, 1946-), a set of individually paginated pamphlets, consecutively numbered. This series has a lag time of 8-9 years. Before ratification, you can check on the status of a treaty in CCH Congressional Index (Chicago: Commerce Clearing House, 1938-).

After ratification, but still well before treaties appear in slip form, selected treaties (after they are cleared for publication by the Senate) are published in the Senate Treaty Document Series (Congressional Information Service) (formerly the Senate Executive Document Series).

Indexes and Finding Tools

These tools are useful for locating citations for United States bilateral and multilateral treaties and agreements. Relevant subject headings: treaties--indexes or United States--foreign relations--treaties--indexes.

Treaties in Force (TIF) (Washington, DC: Office of the Legal Advisor, U.S. Dept. of State, 1950-).  This annual publication lists and provides basic information for all U.S. treaties and agreements still in force, arranged by country and subject. Includes both bilateral and multilateral treaties and gives references to UST cites and TIAS numbers (if one exists). The primary use of TIF is verification of the existence of a treaty. TIF is also available on the web, but the electronic version is usually no more current than the print.  Since TIF is only published once a year, use Treaty Actions to update TIF (when available). TIF is also available on LexisNexis and Westlaw. Where possible, TIF on LexisNexis and Westlaw links to the text of the treaty. TIF is also available on HeinOnline from 1929-2006 (UCB only). 

A Guide to the United States Treaties in Force (I. Kavass and A. Sprudzs, eds., Buffalo, NY: W.S. Hein Co., 1982-).  This annual publication should be used in conjunction with TIF.  Access is by a combined subject index for both bilateral and multilateral treaties, as well as by numerical and country index.  Also available on HeinOnline from 1982-2006 (UCB only). Supplemented by Guide to the United States Treaties in Force: Current Treaty Action Supplement. 

United States Treaty Index (15 vols.) (I. Kavass, ed., Buffalo, NY: W.S. Hein Co., 1991-). This is one of the most comprehensive sources for U.S. treaty information. There are subject, chronological, and country indexes.  This set is supplemented by Current Treaty Index, see next.  The treaties are available on microfiche in Hein's United States Treaties and Other International Agreements and on HeinOnline (UCB only) (see below).

Current Treaty Index (I. Kavass and A. Sprudzs, eds., Buffalo, NY: W.S. Hein Co., 1982-). This looseleaf index lists current treaties and agreements published in slip form in T.I.A.S. as well as those treaties without T.I.A.S. numbers. It supplements the United States Treaty Index, see above. Also available on HeinOnline from 1982-1999 (UCB only).

Treaties and International Agreements Online, Oceana Online Web site, [1999-].  Available on the web from Oceana Publications (UCB only).  Access to over 15,000 treaties and agreements from 1783 to present.  According to the web site, this database "[c]ontains all treaties and international agreements ratified by the US, major treaties in the process of ratification, and all tax treaties, even those to which the US is not a party." Updated monthly.

Congressional Index (Chicago, IL: Commerce Clearing House, Inc., 1937-).  Two volume looseleaf set issued for each Congressional session.  The Senate volume of this set contains a section on treaties pending before the Senate. It provides information on the status of treaties. Look under the tab "Treaties and Nominations."

Thomas: Treaties. This web site provides some information for locating treaty documents from 90th Congress to the present. Search by Congress, treaty document number, word/phrase, or by type of treaty. Some full-text treaties are available.

Congressional Record Index (Washington, DC: U.S.G.P.O., 1873-). Provides a listing of treaty actions and discussion appearing in the Congressional Record under the heading "Treaties" and occasionally under the name of a particular treaty or its subject matter. May provide the text of a treaty or reservation to a treaty and it is often a good source for legislative history of a treaty. Available on the web through Congressional Publications (UCB only), Thomas and GPO Access.

Journal articles can be a very good source for citations to and information about treaties. Try searching full-text journals on either LexisNexis or Westlaw.

Full-Text Sources

Relevant subject headings: united states--foreign relations--treaties. If you have a treaty citation, go directly to the source, such as U.S.T. or T.I.A.S.

Historical Sources

Treaties and Other International Acts of the United States of America (H. Miller ed., Washington, DC: U.S.G.P.O.,1931). Contains text of treaties from 1776-1863. Also available on HeinOnline (UCB only).

Treaties, Conventions, International Acts, Protocols, and Agreements Between the U.S.A. and Other Powers (Malloy ed., v.1-2; Redmond & Trenwith eds., v.3-4, Washington, DC: U.S.G.P.O., 1910-1938). Contains text of treaties from 1776-1937; v.4 has cumulative index and chronological list of treaties. Also available on HeinOnline (UCB only).

Treaties and Other International Agreements of the United States, 1776-1949 (Bevans, ed., Washington, DC: U.S.G.P.O., 1968-1976). Supersedes Miller and Malloy; v.1-4 have the text of multilateral treaties and agreements in chronological order by date of signature; v.5-12 includes bilateral treaties and agreements in alphabetical order by country; v.13 has a cumulative country and subject index. Covers 1908-September 1929.  Also available on HeinOnline (UCB only). Commonly referred to as Bevans.

Treaty Series (cited to as T.S.) (October 1929-1945) (Washington, DC: U.S.G.P.O, 1908-1946).  Provides the text of treaties only. Merged with Executive Agreement Series to form Treaties and Other International Acts Series (T.I.A.S.).

Executive Agreement Series (cited to as E.A.S.) (October 1929-1945) (Washington, DC: U.S.G.P.O, 1929-1946). Contains international executive agreements only.  Merged with Treaty Series.

Statutes at Large (cited to as Stat.) (Washington, DC: U.S.G.P.O, 1789 -). From 1776-1950, treaties and international agreements were published in Statutes at Large.  Volume 8 contains all treaties between the U.S. and other countries from 1778-1845.  Volume 64, part 3 contains a cumulative list of all treaties and agreements included in volumes 1-64.  The first 18 volumes of Statutes at Large (1789-1875) are available on the web on the Library of Congress, A Century of Lawmaking for a New Nation.

Unperfected Treaties of the United States of America, 1776-1976 (Dobbs Ferry, N.Y.: Oceana Publications, 1976-1994).  Six volume set includes treaties and agreements concluded by the U.S. which, for whatever reason, never entered into force between 1776 and 1976.

Current Sources

United States Treaties and Other International Agreements (cited to as U.S.T.) (Washington, DC: U.S.G.P.O , 1950-).  This is the cumulative collection of TIAS (slip copies of treaties) and is the current official collection of U.S. treaties and agreements.  There is a considerable lag time with this publication, about 20 years. Volumes 1-35 are also available on HeinOnline (UCB only).

Treaties and Other International Acts Series (cited to as T.I.A.S.) (Washington, DC: U.S.G.P.O., 1946-). This series is the first official publication of new treaties and agreements -- slip treaty -- and is later bound in U.S.T.  There is a lag time of about 8-9 years. T.I.A.S. 11060 to T.I.A.S. 12734 are also available on HeinOnline (UCB only). A few years are available on the State Department's web site (1996 and 1997 only).

Hein's United States Treaties and Other International Agreements Current Service [microfiche] (Buffalo, NY: W.S. Hein, 1990-). Use the United States Treaty Index and the Current Treaty Index to locate the correct microfiche. This set is a good source for recent treaties. Part of this service is also available on HeinOnline (UCB only). It covers KAV 0001-7639 (1987-2006).

Consolidated Treaties and International Agreements (cited to as CTIA) (Dobbs Ferry, NY: Oceana Publications, 1990-). This set is a continuation of the 231 volume set Consolidated Treaty Series (Dobbs Ferry, NY: Oceana Publications, 1969-1986) which covers 1648-1918. The continuation set covers from January 1990 to present (about a 6 month lag).  Available in electronic format as part of Treaties and International Agreements Online (see next).

Treaties and International Agreements Online (Oceana Publications, [1999-]). Subscription database service from Oceana Publications (UCB only).  This database contains U.S. treaties and international agreements in force since 1783. It contains specific fielded data and the full text of over 13,000 bilateral and multilateral treaties signed by the United States. See the "document details" button for citation and ratification information. See the "source image" button for access to some PDF documents (Senate Treaty Documents, T.I.A.S., U.S.T.).

CIS Index to Publications of the United States Congress [and microfiche] (Bethesda, MD: Congressional Information Service, 1970-). Treaties appearing in the Senate Treaty Document Series are indexed by CIS. Access is through subject matter of the treaty, title of the treaty, as well as through the heading "Treaties and agreements," and the treaty document number (assigned by the Senate). The index gives a cite to the CIS microfiche set where the full text of the treaty is located. See also CIS Senate Executive Documents and Reports [and microfiche] (Bethesda, MD: Congressional Information Service, 1987), a microfiche collection of treaty documents and reports from 1817-1969. There is a two-volume index for accessing the relevant microfiche numbers. See also Congressional Publications, available from LexisNexis Academic Service (UCB only).

Senate Treaty Documents (cited as S. Treaty Doc.) (Washington, DC: U.S.G.P.O., 1981-). Senate, House & Treaty Documents are available on the web from 104th Congress on.  These documents include the text of treaties submitted by the executive branch to the Senate for its advice and consent, together with supporting documentation.  Senate Treaty Documents are also available through the Serial Set, Congressional Publications (UCB only), CIS publications, LexisNexis (US Treaties), and Westlaw (USTREATIES).  Prior to 1979, these documents were called Senate Executive Documents.

Senate Executive Reports (cited as S. Exec. Rep.)(Washington, DC: U.S.G.P.O., n.d.).  Senate Executive Reports are available on the web from 104th Congress on.  These reports are issued by the Senate Foreign Relations Committee and include the Committee’s analysis and recommendations concerning proposed treaties. They also include the text of proposed treaties, together with any conditions (i.e., amendments or reservations) recommended by the Senate Foreign Relations Committee.  These documents are also available in the Serial Set, CIS Senate to US Senate Documents and Reports and other CIS publications, such as Congressional Publications (UCB only).

Declassified State Department & Other Agency Documents, International Agreements , pursuant to Pub. L. 108-458, 11 Stat. 3638, 3807 (2004), the Secretary of State is required to publish on the State Department's web site “each treaty or international agreements proposed to be published in the compilation ‘United States Treaties and Other International Agreements' not later than 180 days after the date on which the treaty or agreement enters into force.''  This collection begins with March 1998.

Thomas: Treaties. Provides the text of treaties submitted to the Senate from the 104th Congress to present (same as those documents available from GPO Access noted above). 

Both LexisNexis and Westlaw contain U.S. treaties and agreements. Treaties can be located in the USTREATIES file on Westlaw (from 1778 forward) and in US Treaties on LexisNexis (1776 to present). Both of these systems have many topical agreements and treaties: major trade agreements (GATT and NAFTA), International Economic Law Documents, and International Environmental Law Documents, and tax treaties.

There are many collections of treaties and agreements, such as Tax Treaties and Extradition Laws and Treaties.  Some of these sets are regularly updated in looseleaf format or available by subscription on the web.

Some Other Collections

International Legal Materials (cited to as I.L.M.) (Washington, DC: American Society of International Law, 1962-). Selected treaties appear in full-text, often the first and only place they are published until the treaties come out officially. ILM is also available on LexisNexis from 1975 to present, Westlaw (ILM) from 1980 to present, and on HeinOnline from 1962-2005 (UCB only).

Some U.S. treaties and agreements are available on the web, see below for some of the major collections.

Status, Updating and Ratification Information

Once a researcher has located the text of the agreement, the status of the document must be determined.  This includes determining the parties of a multilateral agreement, entry into force date, and locating any amendments to the original agreement.  Since status information is ever changing, locating current status of treaties and agreements has always been a challenging task for the researcher.  Keep in mind that unratified treaties do not die at the end of the Congressional session, therefore, it is often important to determine where a treaty is in the ratification process.

Treaties in Force (see above).

A Guide to the United States Treaties in Force (see above).

CCH Congressional Index (see above).

Current Treaty Index (see above).

U.S. Senate Web site, Treaties, provides the following information: a list of treaties received from the President, treaties reported on the Executive Calendar, treaties approved by the Senate, and listings of other recent treaty status actions, including treaties that were rejected by the Senate or withdrawn by the President, during the current Congress. There is also a link to Thomas and to information about the Senate's treaty making power.

Shepard's Federal Statute Citations (Colorado Springs: Shepard's/McGraw Hill, 1996-). Pre-1950 treaties are listed by Statutes at Large number and after 1950 they are listed by U.S.T. or T.I.A.S. number. Provides citations to treaties, cases and statutes that cite or affect the treaty being shepardized.

The State Dept. used to issue a weekly newsletter called Dispatch.  It contained a section called “Treaty Actions” which included current information on bilateral and multilateral treaties.  This publication ceased in print in 1999 and the monthly Current Treaty Actions information is now available only on the web (although this information is not always issued monthly).  Older editions of the Dispatch are available on the State Dept.’s web site or on LexisNexis (INTLAW; DSTATE) and Westlaw (USDPTSTDIS). Archived volumes are also available on HeinOnline (UCB only).

Depending on the topic of the treaty or agreement, consult relevant looseleafs, periodicals, or series on the topic. For example, the Tax Management International Journal contains a section called "Current Status of U.S. Tax Treaties and International Tax Agreements." Other topical journals may contain similar information.

If looking for status and ratification information for multilateral treaties, many treaty secretariats and collections are available on the web.  See the sections on multilateral treaties, below, for more information.

If all else fails, call the Department of State's Office of Treaty Affairs at (202) 647-1345 for up-to-date treaty information.

Background Information (Legislative Histories and Treaty Interpretation)

There are many U.S. government documents that are useful for doing background research on a treaty or agreement.  Most of the U.S. government documents mentioned below can be located with the same tools used for researching federal legislative histories, such as the CIS/Index to Publications and Congressional Publications (UCB only).  For more assistance with researching legislative histories, see Sources for Federal Legislative Histories.

Senate Treaty Documents (see above).

Senate Executive Reports (see above).

Treaties and Other International Agreements Online (Oceana) (UCB only) provides access to some Senate Treaty Documents (select the “source image” button).

Congressional Committee hearings, especially the Senate Foreign Relations Committee.  See the U.S. Senate Web site, Treaties for current information about treaties received from the President, treaties on the calendar, approved treaties, and other recent treaty status actions.  See also CIS/Index to Publications and Congressional Information to locate relevant hearings (UCB only). 

State Department documents, including the Department of States Bulletin (Washington, DC: U.S.G.P.O., 1939-1989) and Dispatch (Washington, DC: U.S.G.P.O., 1990-1999) or international law digests, Foreign Relations of the United States (FRUS) (Washington DC: U.S.G.P.O., 1861-). Some volumes of FRUS are available on the web. The Office of the Legal Advisor publishes an annual Digest of United States Practice in International Law. Documents listed in the Digest are available on the State Dept.'s web site .

Presidential documents, including Weekly Compilation of Presidential Documents (WCPD) and Public Papers of the Presidents of the United States Some of this information is available on the web, WCPD and Public Papers. Also available on LexisNexis.

Wiktor, Treaties Submitted to the United States Senate: Legislative History, 1989-2004 (Leiden; Boston: Martinus Nijhoff, 2006). Traces the history of 329 treaties; provides a summary of the history of Senate action, implementing legislation, and annotations.

Some legislative history research can be done on LexisNexis and Westlaw.  See LexisNexis (LEGIS library, CISLH file) and Westlaw (LH database).

Look for "travaux preparatoires" or commentaries in library catalogs or by searching periodical indexes. Search by the name of the treaty or using topical keywords. For example, Vern Krishna, The Canada-U.S. Tax Treaty: Text and Commentary (Markham, Ont.; Dayton, Ohio: LexisNexis Butterworths, 2004).

Shepard's Federal Statute Citations (Colorado Springs: Shepard's/McGraw Hill, 1996-). Pre-1950 treaties are listed by Statutes at Large number and after 1950 they are listed by U.S.T. or T.I.A.S. number. Provides citations to treaties, cases and statutes that cite or affect the treaty being shepardized.

United States Code Service (Rochester, NY: Lawyers Co-operative Pub. Co., 1972-). See unnumbered volume "Notes to Uncodified Laws and Treaties."  This volume contains interpretive notes and decisions involving multilateral and bilateral treaties. Available on LexisNexis.

U.S. Treaties and Agreements on the Web

Listed below are selected treaty collections available on the web.  These sites focus on U.S. treaties and agreements only.

Treaties Where the U.S. is not a Party and Multilateral Treaties

Like researching U.S. treaties and agreements, the researcher is usually interested in:

  • Locating the text of the treaty.
  • Obtaining status and ratification information for specific countries.
  • Finding reservations and declarations.
  • Checking for modifications to the treaty, and whether the parties have become parties to the modifications.
  • Researching the intent through background documents.
  • Locating commentary, analysis and any case law from relevant courts and tribunals.

Bilateral Treaties (where U.S. is not a party)

Locating bilateral treaties can be very challenging depending on the countries involved and the subject matter. There is no one source for identifying bilateral treaty citations nor for locating the text.

Subject heading: [country]--foreign relations--treaties.

The treaty series, statutory compilation, or official gazette of one of the country parties. Some examples include United Kingdom Treaty Series or Australian Treaty Series. 

Some countries publish treaties in official gazettes. See A Guide to Official Gazettes and their Contents (ed. John E. Roberts, Library of Congress, 1985) for more information. See also Government Gazettes Online.

Several governments are starting to make their treaties available on the web, such as the Australian Treaties Library or Base Pacte (French treaties). See also the WorldLII collection of treaties by country, WorldLII: Treaties Databases (Australia, Hong Kong, and South Pacific) and the Foreign Treaties section of Foreign and International Law Resources: An Annotated Guide to Web Sites Around the World.

International Legal Materials (Washington, DC: American Society of International Law, 1962-). Usually only reprints important treaties. Also available on LexisNexis, Westlaw, and HeinOnline.

World Treaty Index (P. Rohn ed., Santa Barbara, CA: ABC-Clio, 1983). Covers multilateral and bilateral treaties between 1900-1980. A beta version of this index is available on the web.

United Nations Treaty Series Index (New York: United Nations, 1946-). Use this index to locate citations to bilateral treaties in U.N.T.S. The full text of many bilateral treaties is available in U.N.T.S. Many volumes of the U.N.T.S. Cumulative Index are available on the web (UCB only).

International yearbooks (e.g. African Yearbook of International Law) or other international law periodicals provide information about treaties concluded by the countries covered in the journal. For more yearbooks and related periodicals, use subject searches international law--periodicals or international law- -[geographic area or country]--periodicals. Some yearbooks are available on HeinOnline, for example the Australian Yearbook of International Law.

Phone calls to interested parties (organizations), embassies, Dept. of State, Office of Treaty Affairs or the United Nations Office of Legal Affairs, Treaty Section.

Multilateral Treaties

Indexes and Finding Tools

Subject heading: Treaties--Indexes.

Multilateral Treaties Deposited with the Secretary General (New York: United Nations, 1982-).  This is a good source for citations and a list of the parties to an agreement. Limited to those treaties deposited with the UN. This source is also available on the UN Treaty Collection on the web (UCB only). For information about treaties registered with the UN Secretariat, see Statement of Treaties and International Agreements Registered or Filed and Recorded with the Secretariat during ... (New York: [Legal Dept. of the Secretariat). This is also available on the UN Treaty Collection web site.

World Treaty Index (P. Rohn ed., Santa Barbara, CA: ABC-Clio, 1983).  Covers bilateral and multilateral treaties from 1900-1980. A beta version of this index is available on the web.

Multilateral Treaties: Index and Current Status (Bowman and Harris, eds., London: Butterworths, 1984) is a good source for citations for multilateral treaties.  It has a vague subject and keyword index and all of the entries are arranged in chronological order.  This is a good source for all multilateral treaties, even if the U.S. is not a party.  There is a cumulative supplement, but it is quite dated.

Wiktor, Christian L., Multilateral Treaty Calendar = Repertoire des Traites Multilateraux, 1648-1995 (The Hague: M. Nijhoff, 1998).  Very complete for the time period it covers, but it lacks ratification information.

United Nations Treaty Series Index (New York: United Nations, 1946-). This index accompanies U.N.T.S. Some of the index volumes are available on the UN Treaty Collection on the web (UCB only).

United Nations Cumulative Treaty Index (Buffalo, N.Y.: William S. Hein, 1999-).  A 15-volume in the same format as United States Treaty Index and is also supplemented periodically with a CD-ROM (see Marci for access to the CD-ROM).  This is much more useful than the U.N.T.S. Index, mentioned above, however it also suffers from a lag time.

Full-Text Sources

Subject headings: [name of individual treaty] or treaties--collections.

Consolidated Treaty Series (cited to as C.T.S.) (Dobbs Ferry, NY: Oceana Publications, 1969-1986) covers 1648-1918.

League of Nations Treaty Series (cited to as L.N.T.S.) ([Geneva, etc.: League of Nations], 1920-1946) covers 1920-1944. Also available on the UN Treaty Collection database. Be sure to select the "advanced search" option so you can limit the search to L.N.T.S. (UCB only).

United Nations Treaty Series (cited to as U.N.T.S.) (New York: United Nations) covers 1944-date.  Many of the treaties contained in this source are also available on the web (UCB only). There is a lag time of a couple of years.

International Legal Materials (cited to as I.L.M.) (Washington, D.C.: American Society of International Law, 1962-) covers 1962-date. Publishes selective treaties and agreements. Available on Lexis, Westlaw, and HeinOnline.

Since not all treaties are deposited with the UN, there are many regional organizations that publish the treaties done under the auspices of the organization.  For example, the Council of Europe publishes the European Treaty Series (Strasbourg: Council of Europe) and European Conventions and Agreements (Strasbourg: Council of Europe, 1971-).  Other European IGO treaties can be found in European Yearbook (The Hague: Nijhoff).  The Organization of American States publishes a Treaty Series (Washington, D.C.: General Secretariat, Organization of American States) as well.  Many IGOs have web sites that contain the text of these regional treaties, see the Treaty Collections on the Web below.

Other sources include periodicals, looseleaf services or subject compilations, such as International Law & World Order: Basic Documents (Irvington-on-Hudson, N.Y. : Transnational Publishers, 1994-), International Documents on Children (2nd ed., The Hague; Boston: M. Nijhoff; Cambridge, MA: Sold and distributed in North, Central and South America by Kluwer Academic Publishers, 1998) or Investment Promotion and Protection Treaties (compiled by International Centre for the Settlement of Investment Disputes, London; New York: Oceana Publications,1983-). Other compilations may focus on a region and a topic, such as European Taxation: Supplementary Service (section C, Amsterdam: International Bureau of Fiscal Documentation, 1963-) or Latin American Trade Agreements (Irvington-on-Hudson, N.Y.: Transnational Publishers, 1997-). These topical collections can also be sources for bilateral treaties.

Country treaty series or official gazettes.  See A Guide to Official Gazettes and their Contents (ed. John E. Roberts, Library of Congress, 1985) for more information. See also Government Gazettes Online.

Lexis and Westlaw have selected treaties on various topics (trade, taxation, environment, etc.).

The web is a great resource for multilateral treaties, see Treaty Collections on the Web below and the research guides mentioned above.

Status: Signatories, Ratification & RUDs

Subject headings: treaties--ratification or treaties--reservations.

This can be the most difficult information to locate for many treaties. The information differs depending on the country or the body named as the depository (the custodian of the treaty). The depository is usually indicated in the final article of the treaty, and the depository functions are detailed in Article 77 of the Vienna Convention on the Law of Treaties.

RUDs are reservations, understandings, and declarations. Reservations exclude or modify the legal effect of provisions; understandings and declaration clarifiy a State's position. Some treaties prohibit reservations or only permit specified reservations. See articles 2(1)(d) and 19-23 of the Vienna Convention on the Law of Treaties. Declarations and understandings are unilateral statements that clarify a State's position and do not change or modify the binding nature of the treaty provisions.

The best place to start is with the treaty indexes such as Treaties in Force (Washington, DC: Office of the Legal Advisor, U.S. Dept. of State, 1950-), Multilateral Treaties Deposited with the Secretary General (New York: United Nations, 1982-), or Multilateral Treaties: Index and Current Status (Bowman and Harris, eds., London: Butterworths, 1984). Use the Multilateral Treaty Calendar = Repertoire des Traites Multilateraux, 1648-1995 (The Hague: M. Nijhoff, 1998) for depository information.

Depending on the topic of the treaty or agreement, consult relevant looseleafs, periodicals, or series on the topic. For example, for human rights treaties, see the Human Rights Law Journal (Kehl am Rhein; Arlington [Va.]: N.P. Engel, 1980-); for Hague conventions, see the Netherlands International Law Review (Dordrecht: M. Nijhoff, 1975-); and for Geneva conventions, see Refugee Survey Quarterly (Geneva: Centre for Documentation on Refugees, 1994-). Other more general sources include UN Chronicle (New York: United Nations) and newspapers. These are just a few of the many sources available.

Sometimes a call the U.S. State Department's Treaty Affairs Office can be helpful (202) 647-1345 and the United Nations treaty information office (212) 963-2523 .

The web has become one of the most important sources for status and ratification information from treaty secretariats, national ministries, and international organizations. For example, see Another collection is Web Sites to other Status Lists for Multilateral Treaties (AustLII). Some other useful sites are listed below. Again, this is only a sampling of what is out there on the web.

Implementing Legislation

Treaties may be "self-executing" (those that do not require implementing legislation and become effective as domestic law as soon as they enter into force) and other treaties may be non-self-executing and require "implementing legislation." Implementing legislation may require a new domestic law or changes to an existing law (technically, the legislation is the domestic law and not the treaty).

It is important to note that it is not always clear whether a treaty is self-executing or requires implementing legislation. Some treaties contain a provision calling for implementing legislation. The excutive branch often decides whether or not a treaty requires such legislation. However, on occasion, the Senate includes an understanding in the resolution of ratification that certain provisions are not self-executing or that the President is to exchange or deposit the instrument of ratification only after implementation legislation has been enacted.[1]

To locate implementing legislation, the researcher may need to consult sources of domestic legislation for the country in question. Some treaty secretariats provide such information. For example, see the secretariat's website for the Chemical Weapons Convention or the OECD's Anti-Bribery Convention: National Implementing Legislation.

Background Information (Commentary, Treaty Interpretation and "Travaux Preparatoires")

Researching the background or history of non-U.S. treaties is challenging, especially bilateral treaties. For the most part, you will not have access to materials for a legislative history for other countries. If you are researching the background of a multilateral treaty, many more resources are available. For more information, see À la Recherche des Travaux Préparatoires: An Approach to Researching the Drafting History of International Agreements by Jonathan Pratter.

Look for "travaux preparatoires" or history and commentaries in library catalogs or use journal indexes. For example, see Travaux Préparatoires of the Fair Trial Provisions--Articles 8 to 11--of the Universal Declaration of Human Rights, 21 Hum. Rts. Q. 1061 (1999) or Guide to the Travaux Préparatoires of the United Nations Convention on the Elimination of all Forms of Discrimination against Women (Dordrecht; Boston : M. Nijhoff Publishers ; Norwell, MA, 1993).

If the treaty or agreement was concluded pursuant to an international conference, look for conference documents using the name of the conference as an author or subject in a library catalog. If it is a recent conference, try searching for the conference on the web. For example, United Nations Framework Convention on Climate Change web site provides access to documents, national reports, and other up to date information.

If the treaty or conference was done under the auspices of an international organization, such as the U.N., look for documents using tools for locating such documents. See United Nations Documentation: Research Guide. See also the ASIL Guide to Electronic Resources for International Law: International Organizations for tips on researching IGOs and NGOs on the web. For more information on tracking down this information, see Researching Non-U.S. Treaties.

If you want to research how treaties are implemented or interpreted in domestic legal systems, the most useful tools include international law yearbooks and International Law Reports (London, Butterworths 1919-) (a compilation of selected international and domestic court decisions). See also international law yearbooks by jurisdiction or region.

International Law in Domestic Courts (ILCD) ( Oxford University Press) (UCB only).
ILDC is a regularly updated collection of domestic cases in international law from over 60 jurisdictions. The cases are selected by local reporters and feature expert commentary, full texts of judgments in their original language, and translations of key passages of non-English judgments into English.

Since locating case law for civil-law jurisdictions can be difficult, try looking at collections based on a specific treaty.

Treaty Collections on the Web

Listed below are some (not all) of the treaty collections available on the web.

General collections and guides

Topic-specific collections or collections by issuing body

Treaties by Popular Name

Often treaties and agreements are referred to by popular names which can cause some frustration for the researcher trying to locate them in indexes and finding tools.  Some of these sources may be helpful in deciphering the official name of the document.

Treaties and Other International Agreements of the United States of America, 1776-1949 (Bevans, ed., Washington, DC: U.S.G.P.O., 1968-1976).

Avalon Project: Alphabetical Title List.

EISIL (Electronic Information System for International Law).

Osmanczyk, The Encyclopedia of the United Nations and International Agreements (3rd ed., New York : Routledge, 2003). The index in volume 4 includes many popular names and acronyms.

Searching full-text sources of LexisNexis and Westlaw can often lead to the full title of a treaty or agreement.

Using a search engine on the web, such as Google, can often provide clues to the complete names of treaties.

Treaty Citations

A treaty citation should include the name of the agreement; date of signing; parties; the subdivision referred to, if applicable; and the source(s) for the text of the treaty (see The Bluebook- rule 21.4). The treaty sources will vary depending upon the parties. See The Bluebook for guidance on appropriate sources. Keep in mind that many "official sources" can take a long time for publication, so you may not be able to cite to the sources listed in The Bluebook. Other citation guides include:

The ALWD Citation Manual (2nd ed., New York: Aspen, 2003) has more lenient rules on treaty citation and permits internet citations at the writer's discretion.

Guide to Foreign and International Legal Citations ([New York, N.Y.]: New York University, 2006). Also available online.

Frequently-Cited Treaties and Other International Instruments -- a handy list of treaties with complete citations.

[1]Treaties and Other International Agreements: The Role of the United States Senate: A Study, prepared for the Committee on Foreign Relations, United States Senate, S. Print 106-71, (Washington, DC: US Government Printing Office, 2001). Note that this document is 448 pages long and takes some time to load.

[2]Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 311 (May 23, 1969), art. 2, s 1(a).

[3]Treaties and Other International Agreements: The Role of the United States Senate: A Study, supra note 1.

[4]Treaties and Other International Agreements, Chapter 700, Foreign Affairs Manual, Volume 11, (Washington, DC: US Department of State, revised February 25, 1985).

[5] These include: 1) Agreements based on the President’s Constitutional authority (executive agreements), 2) agreements pursuant to legislation or Congressional-Executive agreement, and 3) agreements pursuant to treaty (authorization is based on a treaty previously ratified by U.S.).

[6]1 U.S.C. §112b, see Reporting International Agreements to Congress under Case Act, State Dept. web site.

Note about UCB only: When accessing subscription databases from off-campus, you will be prompted for your CALNET Id and passphrase. Be sure to set the proxy settings for your computer, this information is available from the main library's homepage. Not all databases are available remotely.

 

Home Syllabus Book Site Lawcat Wiki Library Home