ASIL eRG
ASIL eRG
ASIL eRG
European Union
Marylin J. Raisch *
This page was last updated March 1, 2014.
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by students,
teachers, practitioners and researchers as a self-guided tour of relevant, quality,
up-to-date online resources covering important areas of international law. The
ERG also serves as a ready-made teaching tool at graduate and undergraduate
levels.
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I. Introduction
II. Treaties Establishing the European Union
III. Community Acts and Sources of Law
IV. Institutions and Powers
V. European Court of Justice and Case Law
VI. Selected Topical Areas of Research
VII. Commentary and Databases
VIII. Concluding Review of Updating and Citation Tools
I. Introduction
This chapter of the ASIL Electronic Resource Guide for International Law (ERG) presents electronic
resources for research in the law of the European Union (EU) and its evolving institutional structure.
In addition, in order to bring the topic more into the perspective of the international legal order,
(that is, beyond the EU’s status as a unique international organization with close political ties
resembling, but not yet identical to, a loose federation of Member States), emphasis will be placed
on the following aspects of the resources for research:
● an overview of the EU’s official web site, Europa (http://europa.eu/)
● other electronic resources such as unofficial databases and relevant academic and
intergovernmental or NGO web sites;
● the EU’s external relations;
● sources pertaining to recent and continuing debates on enlargement and about
changes of a “constitutional” nature;
● sources of updated information by way of blogs, news feeds, and press releases.
Electronically available scholarly resources will be reviewed in the concluding section on
commentary.
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establishing the European Economic Community,1957), toward the creation of a single market.
Unlike a Free Trade Area (FTA), a customs union such as the European Community (within the EU
and increasingly identified with it) has a common trade policy toward non-members. (Note:
throughout this guide, dates for each treaty, given in parentheses, indicate the month and year of
coming into force). The Treaty of Lisbon came into force on 1 December 2009 and is now the
latest major amending document in the history to date of the European Union. Details on the
changes introduced by the latest phase in institutional reform are presented below. Community law
has become European Union Law with the conferral of legal personality on the EU.
The Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of
the European Union, Official Journal C 115 of 9 May 2008 (http://eur-
lex.europa.eu/JOHtml.do?uri=OJ:C:2008:115:SOM:EN:HTML) comprises three spheres of
operation : 1) economic institutions and activities, enforced by the EU’s own supranational courts;
2) a common foreign and security policy; 3) justice and home affairs. For another presentation of
the treaties, see the table below:
Table of Treaties foundational to the European Union prior to the Treaty of Lisbon:
Treaty Name Amending... Main Features Status
SEA introduces a
co-operation
procedure,
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enlarging role of EP
in legislative process
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Council
• More areas where
Council of
Ministers may
decide using
qualified majority
voting instead of
unanimity
• New title on
employment;
inserts Social
Chapter into main
body of the treaty
The official web site of the European Union, Europa (http://europa.eu/) provides what is now
effectively an online official depository of texts and information for the European Union, but in
addition to guiding the researcher through this large and complex site, one aim of this guide is to
add links to unofficial databases or sources with reliable, enhanced information relevant to EU
research. From the Europa main page (http://europa.eu/index_en.htm) under EU Law, the Treaties
section (http://europa.eu/eu-law/treaties/index_en.htm -- scroll down) presents a brief overview with
links to complete consolidated texts of the TEU, Amsterdam, Nice, and the original founding
treaties.
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History
Europa (http://europa.eu/) now contains a separate page, posted by the Council of the European
Union, for the intergovernmental conferences (IGCs)
(http://www.consilium.europa.eu/Documents/treaty-of-lisbon/previous-igcs?lang=en) with separate
links to the 2007 IGC, the most recent. Appropriately, it is embedded in the portal of the Council
of the European Union, about which more information and sources are detailed in section IV.B. of
this chapter .
Previous texts are found at: http://europa.eu/eu-law/decision-making/treaties/index_en.htm As the
set of texts and the progress of negotiations have unfolded, a database of comments and versions is
provided, along with the preparatory documents. There are declarations, protocols, a main body,
and a preamble. Be advised that what we have here is not a single draft of a treaty but rather the
paper trail of a process.
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composition of the European Parliament, [for a smaller Commission,] and includes clearer
rules on enhanced cooperation and financial provisions.
● Finally, it is important to note that there exists already a source of authority for
developments that may take place under the provision for “enhanced cooperation.” That
authority exists under the TEU (http://eur-
lex.europa.eu/LexUriServ/site/en/oj/2006/ce321/ce32120061229en00010331.pdf) as
amended by the Nice Treaty (http://eur-
lex.europa.eu/en/treaties/dat/12001C/htm/12001C.html), specifically TEU Art. 43, and it is
within the authority of Member States to decide amongst themselves, that is, a smaller group
of them, to accelerate and tighten cooperation as a last resort when objectives cannot be met
under the Treaty timetable or methods. Ten conditions for this “enhanced cooperation” are
stated in the TEU Art. 43. Basically, the arrangements must respect the acquis
communautaire.
With regard to the latter two types of legislation, publication in the OJ is not obligatory. The
structure of the official journal (http://eur-lex.europa.eu/en/oj/NewStructure2010.pdf) has been
clarified after the adoption of the Lisbon Treaty.
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The founding treaties are deemed primary sources of law along with international agreements. The
legislation, a third source of law, is “secondary.” American researchers should note that “secondary”
here means delegated legislation, second in the hierarchy of “what trumps what” but not a type of
commentary, as the term is used in the U.S. legal system.
The full range of EU norms is outlined and terms defined at the Summaries of EU Legislation page
(http://europa.eu/legislation_summaries/index_en.htm) and organized at The ABC of European
Union Law (http://eur-lex.europa.eu/en/editorial/abc_toc_r1.htm).
The revised Europa Index page (http://europa.eu/index_en.htm) now gathers in one place
information on EU policy-making and search capability for EU legislation and case-law under the
"EU Law" tab on the menu bar at the top and center of the screen (http://europa.eu/eu-
law/index_en.htm). Laws in force includes summaries as well as national laws implementing EU
law, and treaties, legislation in preparation, legislative procedures, and legal cooperation may all be
reached from this one access page..
In addition, there is now a separate linked page for Official documents from EU institutions
(http://europa.eu/documentation/official-docs/index_en.htm).
Example: To find the original product liability directive, begin in the simple search template linked
above and choose the file category “Legislation.” On the next page, select the radio button for
“Directives” (under “Secondary Legislation”) and “Search terms” (under “Further search options”;
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this adds specific terms). Then, click "Search." Finally, on the template on the next screen, select
the “Title and text” radio button and fill out the template that will come up by putting “liability” in
the “Search” term field and “defective products” in the “With” term field. Click “Search.”
With fair ease one can survey the resulting list and, after seeing highlighted an amendment to a
generally titled directive on approximation of laws etc. re liability for defective products (amended
from an original dated 1985), one goes on to locate the original product liability directive as the last
entry:
Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning liability for defective products, OJ L 210,
7.8.1985, p. 29–33.
2. Directives: effects
Of the major pieces of legislation, directives may present the greatest additional challenge to the
novice researcher because of (1) the requirement that they be implemented in the national law of the
Member State and (2) the accompanying legal issues of possible “direct effect” of directives,
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notwithstanding the requirement. Direct effect creates individual rights that national courts must
protect (P. Mathijsen, A Guide to European Union Law as Amended by the Treaty of Lisbon,
London: Sweet & Maxwell, 2010 at 32 and cases cited in fn. 35). However, while regulations
generally both pre-empt national law as supranational legislation and create rights by direct effect,
only certain directives can have direct effect, and even then, only in certain circumstances.
Understanding what this means is a matter of researching case law from the European Court of
Justice with regard to the particular directive at issue and cases addressing directives of a similar type.
Certain general principles have emerged and are fairly settled in the treatises and basic texts for
European Union law or in specific studies of these issues. Stated simply, a directive deemed to have
some form of direct effect may be effective, either vertically or horizontally, as follows:
A “horizontal direct effect” is evaluated in light of the principle that directives place obligations only
on Member States and not on individuals. At this point the jurisprudence must be consulted and
analyzed carefully as it develops (see section V., subsection A. below). Member States can be liable
for damage to individuals regarding failure to implement a directive under certain circumstances,
which require a showing that the directive would be of the type to create rights, the language doing
so is present in the directive, and the cause of the damage was a breach of this state obligation. The
leading case is Francovich v. Italy, ECJ 19.11.91 C6,9/90, [1991] ECR I-5357. This case is cited to
the official Reports of Cases before the Court and its successor Reports of cases before the Court of
Justice and the Court of First Instance (Luxembourg: Court of Justice of the European
Communities, 1990-) (ECR). Cases from 1954 onward may be browsed by year and number at the
Eur-lex site under the case law search feature accessible at the following link: http://eur-
lex.europa.eu/JURISIndex.do?ihmlang=en.
Another source of information is the new CURIA Case-law site, although the CURIA case law
template (available at http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en) is not comprehensive.
A description of the resources available in the CURIA case-law database is available at
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3. Researching directives
Researching directives, then, can be a matter of researching the European Union case law (see section
V below). There are monographic studies of leading cases in the area that outline the parameters of
this research and that may serve as a useful introduction to the field. Updated information may be
found by searching library databases generally with Library of Congress subject headings such as
“Law -- European Union countries -- Sources International and municipal law -- European Union
countries:”
Trevor C. Hartley, European Union law in a global context: text, cases and materials
(http://www.worldcat.org/title/european-union-law-in-a-global-context-text-cases-and-
materials/oclc/52460067&referer=brief_results), Cambridge; New York: Cambridge University
Press, 2004 (see Chapter 10).
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to reveal the list of Member States and citations (in the vernaculars to vernacular sources) to their
national implementing laws ( http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:71985L0374:EN:NOT).
For English translations of a number of commercially-related laws that mostly implement EU acts,
consult the following print publications:
● Commercial Laws of Europe. (London: European Law Centre, 1978-). Includes texts
of legislation in English and also in the original language when authentic English text is
unavailable.
● Other loose-leaf services and collections of translated laws in areas such as tax,
investment, and labor usually include EU Member States and may indicate origination of the
law with EU harmonization efforts.
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Acts introduced by the Treaty of Amsterdam under “police and judicial cooperation in
criminal matters”
Common positions and joint actions also are used in the area of “common foreign and security
policy” (CFSP). The common position for the CFSP is defined much as above; the joint action is in
this case adopted by the Council and consists of “set objectives” rather than a framework.
C. Legislative Process
The co-decision procedure for the adoption of legislative acts is the most commonly-used procedure.
The steps are outlined below in text excerpted from the Consolidated versions of the Treaty on
European Union and the Treaty on the functioning of the European Union (available at http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:115:0047:0199:EN:PDF) (OJ C115,
9.5.2008) ("This publication contains the consolidated versions of the Treaty on European Union
and of the Treaty on the Functioning of the European Union, together with the annexes and
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protocols thereto, as they will result from the amendments introduced by the Treaty of Lisbon,
signed on 13 December 2007 in Lisbon. It also contains the declarations annexed to the Final Act of
the Intergovernmental Conference which adopted the Treaty of Lisbon."). It includes legislation
based on important articles regarding types of discrimination, free movement of workers, freedom of
establishment, mutual recognition of diplomas, transport, environment, public health, consumer
protection, and many aspects of social policy.
First reading
3. The European Parliament shall adopt its position at first reading and communicate it to the Council.
4. If the Council approves the European Parliament's position, the act concerned shall be adopted in the
wording which corresponds to the position of the European Parliament.
5. If the Council does not approve the European Parliament's position, it shall adopt its position at first
reading and communicate it to the European Parliament.
6. The Council shall inform the European Parliament fully of the reasons which led it to adopt its position
at first reading. The Commission shall inform the European Parliament fully of its position.
Second reading
(a) approves the Council's position at first reading or has not taken a decision, the act concerned shall be
deemed to have been adopted in the wording which corresponds to the position of the Council;
(b) rejects, by a majority of its component members, the Council's position at first reading, the proposed act
shall be deemed not to have been adopted;
(c) proposes, by a majority of its component members, amendments to the Council's position at first
reading, the text thus amended shall be forwarded to the Council and to the Commission, which shall
deliver an opinion on those amendments.
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8. If, within three months of receiving the European Parliament's amendments, the Council, acting by a
qualified majority:
(a) approves all those amendments, the act in question shall be deemed to have been adopted;
(b) does not approve all the amendments, the President of the Council, in agreement with the President of
the European Parliament, shall within six weeks convene a meeting of the Conciliation Committee.
9. The Council shall act unanimously on the amendments on which the Commission has delivered a
negative opinion.
Conciliation
10. The Conciliation Committee, which shall be composed of the members of the Council or their
representatives and an equal number of members representing the European Parliament, shall have the
task of reaching agreement on a joint text, by a qualified majority of the members of the Council or their
representatives and by a majority of the members representing the European Parliament within six weeks
of its being convened, on the basis of the positions of the European Parliament and the
Council at second reading.
11. The Commission shall take part in the Conciliation Committee's proceedings and shall take all
necessary initiatives with a view to reconciling the positions of the European Parliament and the Council.
12. If, within six weeks of its being convened, the Conciliation Committee does not approve the joint text,
the proposed act shall be deemed not to have been adopted.
Third reading
13. If, within that period, the Conciliation Committee approves a joint text, the European Parliament,
acting by a majority of the votes cast, and the Council, acting by a qualified majority, shall each have a
period of six weeks from that approval in which to adopt the act in question in accordance with the joint
text. If they fail to do so, the proposed act shall be deemed not to have been adopted.
14. The periods of three months and six weeks referred to in this Article shall be extended by a maximum
of one month and two weeks respectively at the initiative of the European Parliament or the Council.
Special provisions
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15. Where, in the cases provided for in the Treaties, a legislative act is submitted to the ordinary legislative
procedure on the initiative of a group of Member States, on a recommendation by the European Central
Bank, or at the request of the Court of Justice, paragraph 2, the second sentence of paragraph 6, and
paragraph 9 shall not apply.
In such cases, the European Parliament and the Council shall communicate the proposed act to the
Commission with their positions at first and second readings. The European Parliament or the Council
may request the opinion of the Commission throughout the procedure, which the Commission may also
deliver on its own initiative. It may also, if it deems it necessary, take part in the Conciliation Committee
in accordance with paragraph 11.
Article 295
The European Parliament, the Council and the Commission shall consult each other and by common
agreement make arrangements for their cooperation. To that end, they may, in compliance with the
Treaties, conclude interinstitutional agreements which may be of a binding nature.
Where the Treaties do not specify the type of act to be adopted, the institutions shall select it on a case-by-
case basis, in compliance with the applicable procedures and with the principle of proportionality.
Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives,
recommendations, requests or opinions required by the Treaties.
1. Preparatory Acts
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experts in policy areas originate most proposals within their Directorates General, which are policy-
specific departments that form the organizational structure of the Commission.
2. Legislation Tracking
The Ordinary Legislative Procedure (formerly the co-decision procedure) (available at
http://www.consilium.europa.eu/policies/ordinary-legislative-procedure?lang=en) may be tracked via
a section of the portal for the Council of the European Union. Council votes and discussions are
tracked.
The European Parliament (“EP”) has an increasing role and its portal provides the OIEL or
Legislative Observatory (http://www.europarl.europa.eu/oeil/index.jsp?language=en). Documents
moving through EP committees, such as reports and draft legislation submitted by one of the other
institutional bodies (usually the Commission or Council) may be searched through a variety of access
points. The Legislative Observatory is a good choice when you know that Parliament is involved as
well as the Council; Council meeting results are given. Parliamentary questions, readings, and
conciliations are provided. Political party involvement is included. Results are filtered and sorted by
the type of document associated with each stage of the procedure (first reading, etc.).
Acts enter into force on the 20th day following their publication unless a date is specified in the
legislation.
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The duties of the Council concern the bringing together of Community and national interests and as
such take decisions as well as coordinate policies. The role in the legislative process is detailed above.
The official portal can be found at the EU Council's website
(http://www.consilium.europa.eu/homepage?lang=en).
C. European Parliament
The European Parliament (http://www.europarl.europa.eu/portal/en) is an assembly of
representatives of the peoples of the Member States. Under the Nice Treaty, there are different caps
on numbers of members for different designated years. They are elected for a term of five years.
Parliament now participates in the legislative process through committees
(http://www.europarl.europa.eu/activities/committees/committeesList.do?language=EN). Among
other powers, Parliament puts questions to the Council, Commission, and President, participates in
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the budgetary process, and other monitoring tasks. It participates in the legislative process by
committees but also acts on legislative proposals meeting as a body, in plenary.
"Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union
now has legal personality and has acquired the competences previously conferred on the European
Community. Community law has therefore become European Union law, which also includes all the
provisions previously adopted under the Treaty on European Union as applicable before the Treaty
of Lisbon. In the following presentation, the term Community law will nevertheless be used where
reference is being made to the case-law of the Court of Justice before the entry into force of the
Treaty of Lisbon." (Presentation (http://curia.europa.eu/jcms/jcms/Jo2_7024/) of the Court of
Justice in the legal order of the European Union)
Case law of the European Union may be accessed via the major courts portal, CURIA
(http://curia.europa.eu/jcms/jcms/j_6/). One may follow links from the first welcome page of the
portal or from the left pane of any sub-portal.
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As noted above, the case law of the European Court Justice stands alongside the treaty and acts as
the major source of the rule of law. The interpretation of the treaty and laws, often at the request of
national courts’ judges seeking guidance in the application of the law in pending case, is crucial to
the evolution of EU law. Therefore, before attempting a cold search of the case law, it is
recommended that the researcher begin with some familiarity with the most well-known, watershed
cases, especially in particular areas of law, by consulting a concise text or journal article, such as one
of the following (though note that developments after the entry into force of the Treaty of Lisbon
may not be reflected):
Newer cases, articles, and commentary often refer to these cases as rubrics in a kind of shorthand
indicating a settled principle of EU law or a significant line of cases, even in subject areas that are
still contested.
The final legality of European Union acts is determined by the courts, and this ensures that the
Member States and the EU institutions, as well as natural and legal persons, enact or comply with
community law. Jurisdiction includes preliminary rulings and failure to fulfill EU obligations.
Advocates-General assist the court.
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To clarify the jurisdiction of the lower court under the Treaty of Lisbon, the following text is taken
directly from the presentation of the General Court: (http://curia.europa.eu/jcms/jcms/Jo2_7033/)
The rulings made by the General Court may, within two months, be subject to an appeal, limited to
points of law, to the Court of Justice."
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Since case-law from 1954 onwards is now stored separately from the case database for cases from
June 17, 1997, the best overview of the links is available from the case-law content link
(http://curia.europa.eu/jcms/jcms/Jo2_14954/) at Curia. Translation services are under way for
Member States who came into the EU at 2004 or 2007; see this notice
(http://curia.europa.eu/jcms/jcms/Jo2_14955/). The older cases
(http://curia.europa.eu/en/content/juris/c1_juris.htm) in English are searchable from Eur-Lex
(http://eur-lex.europa.eu/JURISIndex.do?ihmlang=en) but also linked from the numerical search
feature at Curia (http://curia.europa.eu/jcms/jcms/Jo2_7045/). There are two different search
templates: one is for access by case number and the other through more options.
If you know the case number (e.g. for the ECJ, C-184/06) the simple browse portal
(http://curia.europa.eu/en/content/juris/c2_juris.htm) is a proper starting point. If you want to
specify the type of document (http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&), opinion of
an Advocate-General versus a judgment, for example, use the template.
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Note: Since 2004 there are selected unpublished recent decisions, and the Curia database
incorporates the full texts as appearing in the official reports (see two paragraphs above) with these
guidelines appearing on the web site:
Since 1 May 2004, subject to a decision to the contrary by the formation of the Court concerned, the
following are not published in the ECR:
- judgments delivered, other than in preliminary ruling proceedings, by Chambers of three Judges,
- judgments delivered, other than in preliminary ruling proceedings, by Chambers of five Judges ruling
without an Advocate General's Opinion,
- orders.
However, those decisions are accessible on the Court's internet site (http://curia.europa.eu) in the
available languages, namely the language of the case and the language of deliberation.
Common Market Law Reports. Yorkshire: Thomson Sweet & Maxwell, 1962- . (title varies)
(C.M.L.R.).
Common Market Law Reports. Antitrust Reports (Supplement). London: The European Law Centre
at Sweet & Maxwell, 1991- . (called Reports after 2000; constitutes v. 4 of each year's issues of
Common Market law reports for 1991, and v. 4-5 of each year's issues for 1992).
European Human Rights Reports. London: European Law Centre Ltd., 1979- .
Blogs
European Law Blog, http://europeanlawblog.eu/
ECJ Blog (http://courtofjustice.blogspot.com/)
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(http://curia.europa.eu/jcms/jcms/Jo2_18914/?hlText=annual+report+on+monitoring+the+applicati
on), survey and summaries in English 1983-2002, and 2003 onwards in French only.
The Association of the Councils of State and Supreme Administrative Jurisdictions of the European
Union have created the searchable JuriFast database ( http://www.aca-
europe.eu/index.php/en/jurifast-en) linked to a database of national decisions which gathers
preliminary questions and rulings on them before the Court of Justice of the EC and national
decisions following the ruling.
A. External Relations
Of considerable interest to international lawyers are the foreign relations activities of the EU as an
international actor as well as the continuing path to enlargement of membership. The
Commission’s portal for the European Union-External Action (http://eeas.europa.eu/index_en.htm)
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(contains links at the top to major sub-portals for the principal related areas under “what we do”
http://eeas.europa.eu/what_we_do/index_en.htm), security and defense
(http://eeas.europa.eu/csdp/index_en.htm), and enlargement
(http://eeas.europa.eu/enlargement/index_en.htm).
An excellent site for competition law and policy with links to many national competition law web
sites for the EU Member States is Concurrences: (http://www.concurrences.com/) web site of The
Institute of Competition Law. The links are free and there is an offer of a paid subscription to the
online review Concurrences in French on antitrust law as well as an e-competition database. The
latest English versions of the e-Competitions Bulletin and abstracts from the review are free on the
site. The editors and contributors are from law firms and academic faculties.
Banking and Financial Regulation: In the wake of the severe and continuing crisis involving bank
regulation, capitalization, sovereign debt and the financial crisis overall with regard to jobs and
public sector cutbacks, the Commission has created a site for links to the De Larosière Report and
successor oversight to the Lamfalussy process, which may be found under a new important official
section in the Commission’s portal on financial services supervision and committee architecture
(http://ec.europa.eu/internal_market/finances/committees/index_en.htm). Related issues of
governance in the eurozone are posted
(http://ec.europa.eu/economy_finance/focuson/crisis/index_en.htm) at the Commission site and
linked from the site for the rotating EU presidency.
The European Council has created a portal for the European response to the debt crisis and
Eurozone governance (http://www.european-council.europa.eu/eurozone-governance?lang=en).
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This page was last updated March 1, 2014.
C. Social Policy
The relevant portal for this topical area is “Employment, Social Affairs & Inclusion”
(http://ec.europa.eu/social/main.jsp?catId=547&langId=en). A useful feature is the Practical guide-
Applicable legislation in the EU, EEA, and
Switzerland(http://ec.europa.eu/social/main.jsp?langId=en&catId=22 ) under “Publications and
Documents”; this guide summarized social and employment-related law for the increasingly mobile
population of Europe.
Since 2001, several papers and articles have been posted to the Jean Monnet program
(http://centers.law.nyu.edu/jeanmonnet/) and SSRN (http://www.ssrn.com/) on EU employment
policy and the European Social Model.
Just as there can be confusion about the European Council and the Council of Ministers of the
Council of Europe, the European Social Charter
(http://conventions.coe.int/Treaty/EN/Treaties/Html/035.htm), ETS 035 of 1961, 1996 is a
document of the Council of Europe and now includes a complaints procedure whereby violations
may be brought by some ground (trade unions, national NGOs) to a European Committee of Social
Rights.
E. Human Rights
There are new initiatives on human rights detailed at the EU External Action Service’s Human
Rights section (http://eeas.europa.eu/human_rights/index_en.htm). The Council publishes an
annual EU Report on Human Rights (
http://eeas.europa.eu/human_rights/docs/2011_hr_report_en.pdf) (latest 2011). But human rights
internally is a more complex area of research involving the relationship between the decisions of the
ECJ interpreting the EU treaty and the European Court of Human Rights, interpreting the Council
of Europe’s European Convention on Human Rights, and the pending Reform Treaty integration of
human rights into the constitutional arrangements of the EU. The overall framework and texts of
27
This page was last updated March 1, 2014.
the Charter of Fundamental Rights are linked in the “summaries of EU legislation” and in a page on
fundamental rights within the European Union
(http://europa.eu/legislation_summaries/human_rights/fundamental_rights_within_european_unio
n/index_en.htm). In light of terrorism and developments balancing rights with security, this
framework database within Europe also presents another gateway to these links via the justice,
freedom and security
(http://europa.eu/legislation_summaries/justice_freedom_security/index_en.htm) summary.
In more substantive areas of law, harmonized rules are being crafted. In contract law, for example,
after consideration in 2007 of a Common Frame of Reference, the Commission is working on a
European contract law through a project on common principles. The major area is that of sales, with
insurance and cloud computing also under consideration. National fact sheets and current proposals
with key dates are linked under Contract law at the Justice section of the European Commission site
(http://ec.europa.eu/justice/contract/dates/index_en.htm). The 1980 convention on the law
applicable to contractual obligations has been replaced by a 2008 regulation on the law applicable to
contractual obligations (Rome I, (http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:177:0006:0016:EN:PDF). The latest
communication on cross-border transactions dates from 2011.
28
This page was last updated March 1, 2014.
Craig, Paul and Gráinne de Búrca. The evolution of EU law. 2nd ed. Oxford: Oxford University
Press, 2011. (http://www.worldcat.org/oclc/665136465)
Hartley, Trevor C. The Foundations of European Union Law. 7th ed. Oxford: Oxford University
Press, 2010.(http://www.worldcat.org/title/foundations-of-european-union-
law/oclc/620092531&referer=brief_results)
Maduro, Miguel Poiares, and Loïc Azoulai. The Past and Future of EU Law: The Classics of EU
Law Revisited on the 50th Anniversary of the Rome Treaty. Oxford: Hart, 2010.
(http://www.worldcat.org/title/past-and-future-of-eu-law-the-classics-of-eu-law-revisited-on-the-
50th-anniversary-of-the-rome-treaty/oclc/187294493&referer=brief_results)
Piris, Jean-Claude. The Lisbon Treaty: A Legal and Political Analysis. Cambridge [U.K.]:
Cambridge University Press, 2010. (http://www.worldcat.org/title/lisbon-treaty-a-legal-and-
political-analysis/oclc/540143425&referer=brief_results)
European Union Law Reporter: an explanatory commentary on the principal aspects of EU law and
policy.4 v. (loose-leaf). Bicester, Oxfordshire: CCH Editions Limited; Commerce Clearing House;
CCH International (Firm); CCH Europe (Firm) 1962- . (http://www.worldcat.org/oclc/36949482)
ECLAS (http://ec.europa.eu/eclas/F).
A catalog of the European Commission Libraries
29
This page was last updated March 1, 2014.
Justis (http://www.justis.com/)
A database of Context, Ltd. provides EC law, including the Official Journal C series in combination
with English and Irish legal materials.
VoxEU.org, (http://www.voxeu.org) describes itself as ...a policy portal set up by the Centre for
Economic Policy Research(www.CEPR.org) in conjunction with a consortium of national sites. Vox
aims to promote research-based policy analysis and commentary by leading scholars. The intended
audience is economists in governments, international organizations, academia and the private sector
as well as journalists specializing in economics, finance and business. Assistance for the Centre's work
on Vox has been provided by the European Union, through its programme of support for bodies
active at the European level in the field of active European citizenship.
30
This page was last updated March 1, 2014.
Research Guides
For additional details of the legal research process for the European Union, please refer to the
following research guides and resources (with some academic URLs listed should institutional guides
move).
EISIL ( http://www.eisil.org/index.php?sid=297648529&t=index), Electronic Information System
for International Law (An ASIL Research Tool) has an EU section
(http://www.eisil.org/index.php?sid=297648529&cat=41&t=sub_pages).
*
Marylin Johnson Raisch is Associate Law Librarian for International and Foreign Law at the John
Wolff International and Comparative Law Library of the Georgetown Law Center. She received her
J.D. from Tulane University School of Law (1980) with work both in civil and common law courses
as well as international law and Roman law. She holds degrees in English literature from Smith
College (B.A. magna cum laude, 1973) and St. Hugh's College, Oxford (M.Litt., 1978). She
received her M.L.S. degree from Columbia University School of Library Service in 1988 and has
worked as a law librarian for fifteen years, ten of which were at Columbia University School of Law
as International and Foreign Law Librarian. Marylin has served as moderator or panelist in several
continuing education programs at the annual meetings of the American Association of Law Libraries
on such topics as selection and reference in international and foreign law, foreign law in English, and
Russian law, and a 2005 workshop on European Union law. She has also presented talks on web
access to foreign and international materials for the International Association of Law Libraries, has
co-directed one of a series of special four-day institutes on "Training the Next Generation" of
international and foreign law librarians, and has edited (with Roberta I. Shaffer) the resulting
volume of proceedings, Transnational Legal Transactions (Oceana, 1995). Marylin is the author of
31
This page was last updated March 1, 2014.
several articles, reviews, and web guides on international and foreign legal research, such as “The
European Union: A Selective Research Guide,” 1 Columbia Journal of European Law 149
(1994/95), and hyperlinked web guides published from 2001 through 20013 on international family
law, European Union law, and religious law.
32
e-RG Electronic
Resource
Guide
International
Commercial
Arbitration
Gloria
Miccioli
T
his
electronic
resource
guide,
often
called
the
ERG,
has
been
published
online
by
the
American
Society
of
International
Law
(ASIL)
since
1997.
Since
then
it
has
been
systematically
updated
and
expanded.
The
chapter
format
of
the
ERG
is
designed
to
be
used
by
students,
teachers,
practitioners
and
researchers
as
a
self-‐guided
tour
of
relevant,
quality,
up-‐to-‐
date
online
resources
covering
important
areas
of
international
law.
The
ERG
also
serves
as
a
ready-‐made
teaching
tool
at
graduate
and
undergraduate
levels.
The
narrative
format
of
the
ERG
is
complemented
and
augmented
by
EISIL
(Electronic
Information
System
for
International
Law),
a
free
online
database
that
organizes
and
provides
links
to,
and
useful
information
on,
web
resources
from
the
full
spectrum
of
international
law.
EISIL's
subject-‐organized
format
and
expert-‐provided
content
also
enhances
its
potential
as
teaching
tool.
1. Introduction
2. Overview
3. International
Agreements,
Conventions,
and
Treaties
a. UNCITRAL
b. Enforcement
c. Regional
Multilateral
Treaties
d. Bilateral
Investment
Treaties
4. Arbitral
Institutions
-‐
International
5. Arbitral
Institutions
-‐
Regional
6. Internet
Domain
Name
Disputes
7. National
Arbitration
Statutes
8. Commercial
Sources
9. Blogs
and
Alerts
10.Treatises
I.
Introduction
International
commercial
arbitration
is
the
process
of
resolving
business
disputes
between
or
among
transnational
parties
through
the
use
of
one
or
more
arbitrators
rather
than
through
the
courts.
It
requires
the
agreement
of
the
parties,
which
is
usually
given
via
an
arbitration
clause
that
is
inserted
inserted into the contract or business agreement. The decision is usually
binding. This chapter
will
present
the
major
international
arbitral
institutions
and
the
resources
found
on
their
web
sites.
It
will
also
review
commercial
and
private
databases
that
provide
primary
and
secondary
sources
of
arbitration
information.
Any
omissions
or
errors
are
solely
the
responsibility
of
the
author.
II. Overview
As
the
number
of
international
commercial
disputes
mushrooms,
so
too
does
the
use
of
arbitration
to
resolve
them.
The
non-‐judicial
nature
of
arbitration
makes
it
both
attractive
and
effective
for
several
reasons.
There
may
be
distrust
of
a
foreign
legal
system
on
the
part
of
one
or
more
of
the
parties
involved
in
the
dispute.
In
addition,
litigation
in
a
foreign
court
can
be
time-‐consuming,
complicated,
and
expensive.
Further,
a
decision
rendered
in
a
foreign
court
is
potentially
unenforceable.
On
the
other
hand,
arbitral
awards
have
a
great
degree
of
international
recognition.
For
example,
more
than
140
countries
have
agreed
to
abide
by
the
terms
of
the
Convention
on
the
Recognition
and
Enforcement
of
Foreign
Arbitral
Awards
of
1958
(http://www.jus.uio.no/lm/un.arbitration.recognition.and.enforcement.convention.new.york.1
958/)
known
as
the
New
York
Convention.
Another
reason
for
choosing
arbitration
is
that
the
process
is
administered
by
a
panel
of
arbitrators
who
are
agreed
upon
by
both
parties.
These
arbitrators
may
have
specialized
competence
in
the
relevant
field.
Arbitral
awards
are
usually
final
and
binding,
which
avoids
a
drawn-‐out
appeals
process.
In
addition,
the
confidentiality
of
the
arbitration
process
may
appeal
to
those
who
do
not
wish
the
terms
of
a
settlement
to
be
known.
This
is
the
biggest
obstacle
to
researching
international
commercial
arbitration:
as
its
popularity
grows,
so
does
its
interest
to
outside
parties.
However,
because
many
awards
are
not
made
public,
it
can
be
frustrating
to
search
for
information.
There
are
essentially
two
kinds
of
arbitration,
ad
hoc
and
institutional.
An
institutional
arbitration
is
one
that
is
entrusted
to
one
of
the
major
arbitration
institutions
to
handle,
while
an
ad
hoc
one
is
conducted
independently
without
such
an
organization
and
according
to
the
rules
specified
by
the
parties
and
their
attorneys.
On
its
face,
ad
hoc
arbitration
may
seem
to
be
less
expensive
and
more
flexible.
However,
institutional
arbitration
provides
an
independent,
neutral
set
of
rules
that
already
exist,
and
it
requires
that
an
institution
provide
services
that
are
critical
to
ensuring
that
the
arbitration
proceeds
smoothly.
For
example,
the
International
Court
of
Arbitration
(ICA)
(http://www.iccwbo.org/court/about-‐icc/organization/dispute-‐
resolution-‐services/icc-‐international-‐court-‐of-‐arbitration)
decides
on
the
number
of
arbitrators
and
their
fees,
appoints
the
arbitrators,
ensures
that
the
arbitration
is
being
conducted
according
to
International
Chamber
of
Commerce
Rules,
determines
the
place
of
arbitration,
sets
time
limits,
and
reviews
arbitral
awards.
In
addition,
an
arbitral
body
will
ensure
controlled
costs,
since
it
will
have
a
pre-‐determined
framework
of
charges.
Many
international
agreements,
treaties,
and
conventions
facilitate
the
use
of
arbitration
as
a
method
for
resolving
disputes.
Other
agreements
address
the
enforcement
of
awards.
There
has
been
a
tremendous
increase
in
arbitration
options
in
the
last
50
years.
Previously,
there
were
a
few
countries
with
well-‐developed
arbitration
practices
and
sympathetic
national
laws.
Interference
with
arbitration
by
the
courts
was
a
well-‐founded
fear
in
many
countries.
Conversely,
the
necessary
actions
on
the
part
of
the
national
legal
system
in
compelling
witnesses
and
enforcing
judgments
were
not
always
available.
One
reason
for
the
growth
of
arbitration
is
that
there
are
now
many
arbitral
bodies,
and
parties
can
select
one
that
is
best
suited
to
their
needs.
Some
organizations
welcome
any
type
of
dispute.
In
contrast,
there
are
organizations
that
specialize
in
particular
types
of
disputes,
such
as
those
involving
investments
or
that
focus
on
a
particular
topic,
such
as
intellectual
property.
Some
arbitral
bodies
specialize
in
disputes
in
particular
industries.
An
example
is
the
American
Arbitration
Association
(AAA)
((http://www.adr.org),
which
has
different
sets
of
special
rules
governing
disputes
in
different
subjects.
Another
factor
in
selecting
an
institution
is
the
nature
of
the
party;
one
institution
may
be
open
only
to
states
or
member
governments,
while
another
may
be
available
to
any
entity
or
individual.
The
fact
that
awards
are
issued
by
a
number
of
institutions
can
complicate
research.
An
arbitral
body
sets
forth
a
set
of
arbitration
rules
that
governs
the
potential
arbitration.
It
may
also
issue
a
model
arbitration
clause
that
can
be
incorporated
into
the
contract
or
business
agreement
when
the
transaction
is
made.
Arbitration
rules
and
model
clauses
are
often
found
on
the
organization's
Web
site.
There
are
different
arbitration
treaties
and
conventions
to
which
a
party
or
nation
may
adhere.
An
important
development
in
the
spread
of
international
arbitration
was
the
adoption
in
1976
of
arbitration
rules
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1976Arbitration_rules.html)
by
the
United
Nations
Commission
on
International
Trade
Law.
UNCITRAL
was
established
by
a
resolution
of
the
UN
General
Assembly
in
1966
to
promote
harmony
and
unity
in
international
trade.
A
new
version
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/2010Arbitration_rules.html).
was
adopted
on
June
25,
2010.
They
will
apply
to
any
new
arbitration
agreements,
concluded
after
August
15,
2010,
that
adopt
the
UNCITRAL
rules.
While
UNCITRAL
does
not
administer
arbitration
disputes,
its
arbitration
rules
may
be
used
by
any
public
or
private
entity
wishing
to
arbitrate
without
the
use
of
an
international
arbitral
institution.
In
addition,
UNCITRAL
in
1985
issued
a
Model
Law
on
International
Commercial
Arbitration
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1985Model_arbitration.html;
click
on
“Text
of
the
Model
Law
(original
1985
version))
that
has
influenced
the
national
arbitration
legislation
of
more
than
60
countries.
It
was
amended
in
2006
(click
on
“Text
of
the
Model
Law
(amended
in
2006)”).
Eight
states
in
the
U.S.
have
based
their
arbitration
laws
on
the
model
law
(California,
Connecticut,
Florida,
Illinois,
Louisiana,
Oregon,
Georgia,
and
Texas).
The
UNCITRAL
web
site
also
has
a
link
to
selected
arbitration
case
abstracts.
This
database
is
called
Case
Law
-‐
CLOUT(http://www.uncitral.org/uncitral/en/case_law.html).
CLOUT
stands
for
Case
Law
on
UNCITRAL
Texts;
it
is
intended
to
be
a
collection
and
distribution
mechanism
for
information
on
court
decisions
and
arbitral
awards
"relating
to
the
Conventions
and
Model
Laws
that
emanated
from
the
work
of
the
Commission"
in
order
to
promote
awareness
of
the
texts
and
to
"facilitate
uniform
interpretation
and
application".
It
covers
the
UNCITRAL
Model
Law
on
International
Commercial
Arbitration,
plus
other
UNCITRAL
model
laws
and
conventions.
CLOUT
has
selected
abstracts
of
decisions
and
awards
from
the
courts
of
countries
that
have
enacted
legislation
based
on
the
Model
Law.
They
are
published
irregularly
and
the
coverage
of
arbitral
awards
is
sketchy.
The
full
texts
are
stored
with
the
Secretariat
in
the
original
language
and
are
available
upon
request
and
for
a
fee.
The
cases
are
indexed
by
CLOUT
case
number,
Model
Arbitration
Law
article
number,
keyword,
jurisdiction
and
date.
There
is
a
link
to
an
explanation
on
the
main
CLOUT
web
page.
In
a
major
development,
UNCITRAL
adopted
the
Convention
on
Transparency
in
Treaty-‐Based
Investor-‐State
Arbitration
on
December
10,
2014,
.
[Text
of
Draft
Convention
(http://daccess-‐
dds-‐ny.un.org/doc/UNDOC/LTD/V13/881/41/PDF/V1388141.pdf?OpenElement)
is
available.]
The
Convention’s
main
goal
is
to
extend
the
application
of
the
UNCITRAL
Rules
on
Transparency
in
Treaty-‐based
Investor-‐State
Arbitration
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/2014Transparency.html).
The
rules
were
introduced
to
increase
transparency
in
investor-‐state
arbitrations
by
allowing
for
greater
public
access
to
documents
and
hearings.
B. Enforcement
Other
international
agreements
relevant
to
international
arbitration
concern
enforcement
of
arbitral
awards
and
decisions.
There
are
several
mechanisms
by
which
foreign
arbitration
awards
may
be
enforced.
Countries
may
agree
bilaterally
to
enforce
arbitral
awards,
sometimes
through
a
treaty
of
friendship,
commerce,
and
navigation
or
through
a
bilateral
investment
treaty
(BIT),
of
which
there
are
now
an
estimated
2000.
Or
a
multilateral
agreement
may
be
implemented.
One
such
is
the
1958
New
York
Convention
on
the
Recognition
and
Enforcement
of
Foreign
Arbitral
Awards
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html),
which
limits
the
grounds
upon
which
arbitral
awards
may
be
attacked.
One
hundred
and
forty-‐nine
nations
have
agreed
to
abide
by
its
terms;
see
the
current
list
of
signatories
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention_status.html).
Most
arbitration
attorneys
limit
the
universe
of
appropriate
arbitration
venues
to
those
states
that
are
a
For
the
European
Union
member
countries,
this
has
been
addressed
through
the
Brussels
Recast
Regulation,
in
effect
as
of
January
10,
2015
(http://eur-‐
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:351:0001:0032:En:PDF).
Arab
Countries
-‐
Convention
Arabe
D'Amman
Sur
L'Arbitrage
Commercial
(1987)
(http://www.ohada.com;
see
links
to
the
original
1985
treaty
and
the
2008
revision).
In
French,
English,
Spanish
and
Portuguese.
D.
Bilateral
Investment
Treaties
Bilateral
investment
treaties
between
two
countries
provide
for
arbitration
by
the
International
Centre
for
Settlement
for
Investment
Disputes
(ICSID)
(http://www.worldbank.org/icsid),
an
autonomous
organization
with
close
ties
to
the
World
Bank.
It
was
established
in
1966
under
the
Convention
on
the
Settlement
of
Investment
Disputes
between
States
and
Nationals
of
Other
States
(http://cil.nus.edu.sg/rp/il/pdf/1965%20Convention%20on%20the%20Settlement%20of%20Inv
estment%20Disputes-‐pdf.pdf)
[in
English,
French
and
Spanish].
Click
on
the
tabs
on
the
ICSID
home
page
for
more
links
to
arbitration
rules,
a
list
of
pending
and
concluded
cases,
and
more.
The
Bilateral
Investment
Treaties
page
on
the
ICSID
web
site
provides
the
names
of
parties
to
bilateral
investment
treaties.
It
can
be
found
by
clicking
on
the
Resources
tab.
The
list
covers
treaties
collected
by
ICSID
to
date.
However,
since
ICSID
relies
on
governments
to
send
treaty
information,
the
list
may
not
be
complete.
The
information
can
be
viewed
alphabetically
by
signatory,
by
year,
or
may
be
further
searched
by
selecting
two
specific
States.
What
is
missing
are
the
actual
texts
of
the
treaties,
which
the
researcher
usually
also
needs.
The
full
text
of
some
BITs
may
also
be
found
by
searching
the
Internet
or
commercial
sources
such
as
International
Legal
Materials.
In
addition,
the
Web
sites
of
individual
countries
may
include
the
texts
of
these
treaties.
For
example,
United
States
bilateral
investment
treaties
are
available
on
the
Internet,
along
with
other
trade-‐related
agreements,
from
the
US
Department
of
Commerce's
Trade
Compliance
Center
(http://tcc.export.gov;
click
on
“Trade
Agreements,
then
on
the
BIT
link).
In
addition,
this
web
site
also
has
the
text
of
the
2004
US
Model
BIT
(http://www.state.gov/documents/organization/117601.pdf).
IV.
Arbitral
Institutions
-‐
International
The
dispute
resolution
procedures
of
the
International
Chamber
of
Commerce
specifically
target
international
business
disputes.
ICC
arbitrations
are
confidential
and
offer
the
parties
the
choice
of
arbitrators,
place
of
arbitration,
rules
of
law,
and
language
of
the
proceeding.
The
ICC
has
several
dispute
resolution
mechanisms.
The
current
ICC
Rules
of
Arbitration
(http://www.iccwbo.org/products-‐and-‐services/arbitration-‐and-‐adr/arbitration/icc-‐rules-‐of-‐
arbitration)
have
been
in
force
as
of
January
1,
2012
and
can
be
found
in
11
languages.
Clauses
are
also
available
in
11
languages
(http://www.iccwbo.org/Products-‐and-‐Services/Arbitration-‐
and-‐ADR/Arbitration/Standard-‐ICC-‐Arbitration-‐Clauses/).
The
International
Court
of
Arbitration
was
established
in
1923
as
the
arbitral
body
of
the
ICC.
The
ICA
oversees
the
arbitration
process
and
regularly
reviews
the
progress
of
pending
cases.
One
of
the
Court's
most
important
functions
is
to
scrutinize
and
approve
all
arbitral
awards.
A
detailed
explanation
of
the
ICA
arbitral
process
is
available
in
English
(http://www.iccwbo.org/products-‐and-‐services/arbitration-‐and-‐
adr/arbitration).http://www.iccwbo.org/products-‐and-‐services/arbitration-‐and-‐
adr/arbitration).
The Court has administered over 20,000 disputes since its creation.
Extracts
or
summaries
of
ICC
arbitral
awards
plus
commentary
and
analysis
have
been
published
in
the
ICC
International
Court
of
Arbitartion
Bulletin
(http://www.iccdrl.com/bulletins.aspx)
since
1990.
It
is
available
by
subscription.
The
ICC
Dispute
Resolution
Library
(ICCDRL)
(http://www.iccdrl.com)
is
a
database
that
allows
free
searching
of
the
Bulletin.
However,
a
subscription
is
required
to
view
the
full
text,
and
it
includes
access
to
the
Bulletin
and
its
supplements,
to
Commission
Reports
and
to
other
materials.
Located
in
The
Hague,
the
Permanent
Court
of
Arbitration
"administers
arbitration,
conciliation,
and
fact
finding
in
disputes
involving
various
combinations
of
states,
private
parties,
and
intergovernmental
organizations."
It
was
established
in
1899
by
the
Convention
for
the
Pacific
Settlement
of
International
Disputes
(http://library2.lawschool.cornell.edu/pca/1899english.htm).
The
1899
Convention
was
revised
at
the
second
Hague
Peace
Conference
in
1907
(http://www1.umn.edu/humanrts/instree/hague1-‐1910.html).
The
Permanent
Court
of
Arbitration
was
formed
to
handle
arbitrations
exclusively
involving
states,
but
since
1992
it
has
broadened
its
mandate
to
include
disputes
involving
states
and
private
parties,
as
well
as
disputes
involving
international
organizations.
At
present,
116
states
are
parties
to
one
or
both
of
the
Conventions.
A
complete
list
of
Contracting
States
and
Accession
Information
(http://www.pca-‐cpa.org/showpage.asp?pag_id=1038)
can
be
found
on
the
Web
site.
Also
on
the
"Basic
Documents"
page
is
a
link
to
the
PCA's
Model
Clauses
for
arbitration
of
different
types
of
disputes.
There
is
some
free
online
access
to
case
and
award
information
in
the
form
of
selected
summaries
of
Past
and
Pending
Cases;
select
the
Cases
tab
on
the
home
page.
From
this
page
you
can
link
to
a
new
“PCA
Case
Repository,”
now
in
beta.
It
has
only
pending
cases,
but
it
will
eventually
have
pending
and
concluded
cases.
It
will
also
offer
advanced
search
functions,
including
keyword
searching.
Note
that
the
PCA
only
“identifies
and
publishes
awards…where
the
parties
are
so
agreed.”
With
the
help
of
the
PCA,
the
ICCA
publishes
the
Yearbook
Commercial
Arbitration,
the
International
Handbook
on
Commercial
Arbitration,"
and
the
ICCA
Congress
Series.
It
also
participates
in
the
preparation
of
the
UNCITRAL
Arbitration
Rules,
Model
Arbitration
Law
and
other
documents.
It
is
governed
by
a
council
of
members
from
32
countries.
Many
ICCA
publications
can
be
accessed
via
subscription
the
Kluwer
Arbitration
Web
site
(see
more
under
“Commercial
Sources”,
below).
Established
in
1892,
the
London
Court
of
International
Arbitration
is
one
of
the
oldest
and
most
wide-‐ranging
of
the
arbitral
institutions.
Although
based
in
London,
it
administers
arbitrations
worldwide,
for
all
parties,
and
for
disputes
arising
under
all
types
of
commercial
transactions.
It
also
acts
as
the
appointing
authority
and
administrator
in
UNCITRAL
Rules
cases.
While
the
LCIA
maintains
a
set
of
arbitrators,
parties
are
free
to
nominate
their
own
arbitrators.
The
LCIA
Arbitration
Court
was
created
in
1985
and
is
the
final
authority
for
the
proper
application
of
the
LCIA
Rules.
Its
principal
functions
are
the
appointment
of
tribunals,
the
determination
of
challenges
to
arbitrators,
and
the
control
of
costs.
It
is
made
up
of
up
to
35
members.
Awards
are
not
published.
E.
World
Intellectual
Property
Organization
-‐
Arbitration
and
Mediation
Center
(WIPO
Arbitration
and
Mediation
Center
(http://arbiter.wipo.int/center/)
Based
in
Geneva,
the
WIPO
Arbitration
and
Mediation
Center
was
established
in
1994
to
offer
alternative
dispute
resolution
options
for
private
parties
involved
in
international
commercial
disputes.
Entertainment,
technology,
and
other
types
of
intellectual
property
disputes
are
particularly
suitable
for
WIPO
arbitration,
but
all
types
of
international
commercial
disputes
may
be
brought
before
the
Center.
The
procedures
are
open
to
any
person
or
entity,
regardless
of
nationality
or
domicile.
They
may
be
held
anywhere
in
the
world,
in
any
language,
and
under
any
law
chosen
by
the
parties,
and
they
are
confidential.
The
Center's
Web
page
is
textual,
extremely
easy
to
use,
and
has
well-‐placed
FAQs
with
simple
but
thorough
explanations
of
how
the
Center
operates
and
what
kinds
of
disputes
are
arbitrated.
WIPO
has
recently
updated
its
various
arbitration
and
mediation
rules.
There
are
links
on
the
home
page.
The
web
site
also
gives
an
overview
(http://arbiter.wipo.int/center/caseload.html)
of
the
WIPO
caseload
and
links
to
a
few
summaries
(http://arbiter.wipo.int/arbitration/case-‐example.html)
of
selected
examples.
Parties
are
not
named.
Created
in
1966
to
facilitate
the
settlement
of
investment
disputes
between
member
governments
and
foreign
members
who
are
nationals
of
other
member
governments,
ICSID
is
an
autonomous
organization
with
close
ties
to
the
World
Bank.
It
was
established
under
the
Convention
on
the
Settlement
of
International
Disputes
Between
States
and
Nationals
of
Other
States
(https://icsid.worldbank.org/ICSID/StaticFiles/basicdoc/partA.htm).
The
Convention,
arbitration
rules,
and
other
basic
documents
can
be
linked
to
from
the
home
page.
To
date,
some
159
countries
have
signed
the
Convention.
All
ICSID
members
are
also
members
of
the
World
Bank,
and
the
expenses
of
the
ICSID
Secretariat
are
funded
by
the
Bank.
Dispute
costs
are
borne
by
the
parties
involved.
Application
to
the
ICSID
for
arbitration
is
voluntary,
but
once
the
process
starts,
the
parties
cannot
withdraw.
In
addition,
all
member
ICSID
states
are
required
to
recognize
and
enforce
an
ICSID
arbitral
award
even
if
they
are
not
parties
to
the
dispute.
Investment
contracts
between
member
states
and
investors
from
other
states
often
provide
for
ICSID
arbitration
through
Model
Clauses
(https://icsid.worldbank.org/ICSID/StaticFiles/model-‐clauses-‐en/main-‐eng.htm).
Other
means
of
advance
consent
to
ICSID
arbitration
can
be
found
in
investment
laws
and
bilateral
investment
treaties.
For
information
on
arbitral
awards
and
case
decisions,
click
on
“Cases”
on
the
home
page.
There
are
links
to
lists
of
pending
and
concluded
cases;
to
a
page
where
you
can
search
cases;
and
to
a
page
where
you
can
search
for
online
decisions
and
awards.
G. World Trade Organization (WTO) (http://www.wto.org) In English, Spanish, and French
On
the
WTO
Web
site
is
a
section
called
Understanding
the
WTO:
Settling
Disputes
(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm),
which
describes
clearly
and
in
detail
the
WTO
dispute
resolution
process
and
which
makes
a
good
starting
point
for
WTO
research.
According
to
the
explanation,
a
dispute
arises
when
one
country
adopts
a
trade
policy
or
takes
an
action
that
one
or
more
fellow
WTO
members
considers
in
violation
of
the
WTO
agreements.
A
third
group
of
countries
can
declare
that
they
have
an
interest
in
the
case.
Dispute
settlement
procedures
under
the
WTO
follow
a
fixed
set
of
timetables
that
are
described
here.
A
case
should
normally
not
take
more
than
about
a
year.
If
it
is
appealed,
the
time
may
be
extended
to
15
months.
In
addition,
rulings
are
automatically
adopted
unless
the
country
that
wants
to
block
the
ruling
persuades
all
other
WTO
members
to
share
its
view.
If
a
country
continues
to
break
an
agreement,
then
some
kind
of
penalty,
such
as
trade
sanctions,
can
be
imposed.
"Understanding
the
WTO:
Settling
Disputes
is"
sub-‐divided
into
three
sections.
The
first,
"a
unique
contribution"
(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm)
explains
the
dispute
settlement
process.
The
second,
"the
panel
process"
(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp2_e.htm),
presents
a
diagram
of
the
process.
Finally,
there
is
a
"case
study"
(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp3_e.htm),
a
detailed
look
at
how
the
timetable
worked
in
an
actual
dispute.
You
can
browse
a
list
of
cases
by
year
and
case
number,
where
short
descriptions
are
given
(http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm).
Click
on
a
case
number
to
go
to
a
screen
that
has
a
summary
and
options
for
viewing
or
downloading
the
related
documents.
It
is
possible
to
browse
cases
and
rulings
by
subject
(http://www.wto.org/english/tratop_e/dispu_e/dispu_subjects_index_e.htm).
Click
on
a
subject
to
be
taken
to
a
list
of
cases;
click
on
the
case
number
to
get
to
viewing
and
downloading
options.
If
you
want
to
know
the
kinds
of
disputes
a
particular
country
has
been
involved
in,
go
to
the
Disputes
rulings
by
country
page
(http://www.wto.org/english/tratop_e/dispu_e/distabase_wto_members1_e.htm).
Not
only
do
you
get
a
breakdown
by
country,
but
you
also
get
links
to
the
different
documents
such
as
panel
reports
and
appellate
body
reports
that
are
currently
available
on
the
web
site.
Not
every
ruling
is
accompanied
by
a
full-‐text
document.
For
more
information
on
the
World
Trade
Organization,
see
ASIL
Guide
to
Electronic
Resources
for
International
Law
–
International
Economic
Law
(http://www.asil.org/sites/default/files/ERG_IECON.pdf).
One
of
the
older
arbitral
bodies,
the
Arbitration
Institute
of
the
SCC
was
established
in
1917
and
was
recognized
in
the
1970's
by
the
US
and
USSR
as
a
neutral
center
for
the
resolution
of
East-‐West
trade
disputes.
It
has
since
expanded
to
arbitrate
disputes
in
up
to
40
countries.
Its
Arbitration
Rules
(http://www.scccinstitute.com/dispute-‐resolution/rules)
are
available
in
4
languages.
It
has
also
issued
Model
Clauses
(http://www.sccinstitute.com/?id=23710;
click
on
“Model
Clauses”)
in
8
languages.
International
Centre
for
Dispute
Resolution
(ICDR)
(http://www.adr.org;
scroll
down
to
and
click
on
the
ICDR
icon
at
the
bottom
right)
The
American
Arbitration
Association
is
a
private,
nonprofit
organization
that
was
founded
in
1926
and
that
is
now
one
of
the
world's
leading
dispute
resolution
bodies.
In
1996,
the
AAA
established
the
International
Centre
for
Dispute
Resolution
(ICDR)
to
handle
international
cases
of
arbitration
and
mediation.
On
the
ICDR
home
page
you
will
see
links
to
“Rules
and
Procedures”
in
8
languages
as
a
link
to
“Clause
Drafting”
Guidelines.
Created
in
1984
due
to
the
growing
importance
of
sports
on
the
world
stage,
the
Court
of
Arbitration
for
Sport
seeks
to
facilitate
the
arbitration
or
mediation
of
sports-‐related
disputes
by
means
of
procedural
rules
that
have
been
specifically
adapted
to
the
sports
world.
Its
nearly
300
arbitrators
from
87
countries
are
legal
and
sports
experts.
Based
in
Lausanne,
Switzerland,
the
CAS
hears
disputes
of
either
a
commercial
or
disciplinary
nature.
Cases
may
be
referred
to
the
CAS
by
athletes,
sports
federations,
organizors
of
sports
events,
sponsors
or
television
companies.
The
Code
of
Arbitration
for
Sport
governs
the
organization
and
arbitration
procedures
of
the
CAS.
There
are
standard
clauses
for
ordinary
and
appeals
arbitration
procedures.
Click
on
the
“Jurisprudence”
tab
on
the
home
page
for
links
to
non-‐confidential
new
and
archived
decisions.
A
drop-‐down
menu
under
the
“Programs
and
Rules”
tab
leads
to
arbitration
rules
and
forms.
“FORUM
Arbitration”
under
the
same
tab
leads
to
the
Code
of
Procedure.
L.
Chamber
of
Arbitration
of
Milan
[Camera
Arbitrale
di
Milano]
(http://www.camera-‐
arbitrale.it/)
A
part
of
the
Chamber
of
Commerce
of
Milan,
Italy,
the
Chamber
of
Arbitration
of
Milan
administers
proceedings
for
both
national
and
international
arbitrations.
The
web
site
is
in
English,
French
and
Italian.
Established
in
1985,
ACICA
aims
to
support
and
facilitate
commercial
international
and
domestic
arbitrations
and
to
promote
Sydney
and
Australia
as
a
venue
for
international
commercial
arbitration.
The
home
page
links
to
its
arbitration
rules
and
clauses
under
the
“Rules
and
Clauses”
tab.
CPR
was
founded
in
1979
as
the
Center
for
Public
Resources
from
a
coalition
of
corporation
general
counsel
and
law
firms
to
identify
and
apply
alternative
solutions
to
disputes.
Today
it
is
a
membership-‐based
nonprofit
alliance
of
global
corporations,
law
firms,
scholars,
and
public
institutions
with
a
panel
of
arbitrators
that
has
mediated
thousands
of
cases
worldwide.
Approximately
4000
operating
companies
have
pledged
to
explore
alternatives
to
litigations
with
other
members.
Click
on
the
“Membership”
tab
for
a
list.
For
arbitrations
and
rules,
click
on
the
“Rules
and
Case
Services”
tab.
This
is
a
non-‐profit
association
that
was
started
in
2009
with
the
goal
of
promoting
Paris
as
“the
world’s
leading
site
for
international
arbitration.”
Its
members
include
arbitrators,
arbitration
practitioners,
and
others
in
the
world
of
arbitration.
A
membership
list
can
be
seen
by
clicking
on
the
“About
Us”
tab
and
scrolling
down.
Click
on
“Arbitration
rules”
on
the
home
page
to
be
taken
to
links
to
the
rules
in
French
and
English.
The
Commercial
Arbitration
and
Mediation
Center
for
the
Americas
provides
commercial
parties
in
the
Americas
with
a
forum
for
the
resolution
of
private
commercial
disputes
and
is
designed
to
be
consistent
with
the
North
American
Free
Trade
Agreement
(NAFTA).
It
is
the
joint
creation
of
the
AAA,
the
British
Columbia
International
Commercial
Arbitration
Centre,
the
Mexico
City
National
Chamber
of
Commerce,
and
the
Quebec
National
and
International
Commercial
Arbitration
Centre,
and
it
is
governed
by
representatives
from
each
group.
Its
Arbitration
Rules
(http:/www.thecre.com/fedlaw/legal89/bcicac.htm)
are
available
in
English,
French,
Portuguese,
and
Spanish.
Headquartered
in
Strasbourg
with
departments
throughout
Europe,
the
European
Court
of
Arbitration
is
a
private
organization
that
specializes
in
swift,
affordable
arbitrations.
It
is
an
open
body,
with
regulations
and
compromise
clauses
applicable
to
anyone.
Click
on
“Arbitration”
on
the
home
page
for
a
link
to
the
rules.
C.
Common
Court
of
Justice
and
Arbitration
of
the
Organization
for
the
Harmonization
of
Business
Law
in
Africa
(OHADA)
(http://www.ohada.com/index.php?newlang=english)
OHADA
is
currently
made
up
of
17
African
nations.
On
the
home
page,
click
on
“Information
Resources,”
then
“Case
Law.”
There
are
also
links
to
the
OHADA
Treaty
and
Implementing
Rulels.
The
web
site
has
icons
for
French,
English,
Portuguese
and
Spanish,but
it
appears
some
content
is
only
available
in
French.
D.
Hong
Kong
International
Arbitration
Centre
(HKIAC)
(http://www.hkiac.org)
In
English
and
Chinese
The
Hong
Kong
International
Arbitration
Centre
was
established
in
1985
for
purposes
of
dispute
resolution
in
Asia.
It
is
independent
of
the
Hong
Kong
government.
There
are
links
to
rules
and
clauses
on
the
home
page.
The
Court
is
part
of
the
Organization
for
Security
and
Co-‐operation
in
Europe
(OSCE)
(http://www.osce.org).
It
was
established
in
1995
under
the
Convention
on
Conciliation
and
Arbitration.
Links
on
the
home
page
lead
to
the
Convention,
the
Court's
Rules
of
Procedure,
a
ratification
list
and
more.
The
Court
is
based
in
Geneva.
The
Court's
mandate
is
to
settle
disputes
submitted
to
it
by
member
states.
Founded
in
1996,
the
AFSA
aims
to
provide
a
one-‐stop
dispute
resolution
service.
There
is
a
choice
of
rules
depending
on
the
matter.
Links
on
the
home
page
take
you
to
rules
and
clauses.
Located
in
Rwanda
and
launched
in
2012,
KIAC
aims
to
serve
Rwanda
and
the
countries
in
the
East
Africa
Community.
Rules
and
model
clauses
have
links
on
the
home
page.
On
October
22,
2012,
CIETAC
South
China
changed
its
name
to
the
South
China
International
Economic
and
Trade
Arbitration
Commission,
or
SCIETAC
(http://www.sccietac.org/main/en/;
in
English
and
Chinese.)
In
April
2013,
what
was
formerly
CIETAC
Shanghai
became
the
Shanghai
Economic
and
Trade
Arbitration
Commission
(SHIAC)
(http://www.shiac.com).
).
Each
new
entity
has
promulgated
its
own
set
of
rules,
which
can
be
found
via
links
on
their
Web
sites’
home
pages.
The
result
has
been
an
ongoing
dispute
among
these
dispute
resolution
bodies
with
regard
to
which
organization
will
preside
over
which
arbitrations.
A
good
review
of
the
conflict
is
found
in
“When
dispute
resolving
is
in
dispute,”
by
Taylor
Wessing,
John
Chen
and
Dr.
Michael
Tan,
February
27,
2015)
on
the
Lexology.com
web
site
(http://www.lexology.com/library/detail.aspx?g=48cc864b-‐892e-‐4e15-‐b106-‐ba8f3eae31bc).
With
the
rapid
rise
of
Internet
use
and
the
subsequent
increase
in
disputes
over
domain
names,
the
Internet
Corporation
for
Assigned
Names
and
Numbers
(ICANN)
(http://www.icann.org/),
the
organization
responsible
for
the
management
of
the
generic
top
level
domains,
was
in
need
of
a
dispute
resolution
mechanism.
In
answer
to
this
need,
the
World
Intellectual
Property
Organization
studied
the
problem
and
eventually
published
a
report
(http://www.wipo.int/amc/en/processes/process1/report/index.html)
containing
recommendations
dealing
with
domain
name
issues.
Based
on
the
report's
recommendations,
ICANN
adopted
the
Uniform
Domain
Name
Dispute
Resolution
Policy
(UDRP)
(www.icann.org/udrp/udrp-‐policy-‐24oct99.htm).
The
UDRP
went
into
effect
on
December
1,
1999,
for
all
ICANN-‐accredited
registrars
of
Internet
domain
names.
Under
the
UDRP,
there
are
five
approved
providers
of
domain
name
dispute
resolution
(http://www.icann.org/resources/pages/provider-‐6d-‐2012-‐02-‐25-‐en):
For
concise
background
information
on
how
and
why
domain
name
disputes
arise
and
how
to
find
cases,
see
the
FAQ
(http://arbiter.wipo.int/center/faq/domains.html)
on
the
WIPO
Web
site.
The
WIPO
domain
name
disputers
pages
have
a
lot
of
information,
including
the
full
text
of
decided
cases.
The
Index
of
WIPO
UDRP
Panel
Decisions
(http://www.wipo.int/amc/en/domains/search/legalindex.jsp)
lets
you
filter
by
type
of
organization,
industry,
and
other
factors.
A
search
page
lets
you
search
by
domain
name
or
case
number,
or
you
can
view
a
listing
of
decisions
by
year
back
to
1999.
The
web
site
also
offers
daily
emails
of
new
decisions
as
soon
as
they
are
publicly
available.
B.
Another
provider
approved
by
ICANN
is
the
Asian
Domain
Name
Dispute
Resolution
Centre
(ADNDRC)(http://www.adndrc.org/index.html).
Disputes
handled
by
the
ADNDRC
are
governed
by
the
Uniform
Domain
Name
Dispute
Resolution
Policy
Rules
(UDRP
Rules)
(http://www.icann.org/dndr/udrp/uniform-‐rules.htm;
click
on
“The
Rules.”)
C.
National
Arbitration
Forum
(NAF)
(http://www.arb-‐forum.com)
is
the
foremost
provider
of
domain
name
dispute
resolution
in
North
America.
The
Web
site's
Domain
Name
Disputes
page
(http://domains.adrforum.com)
provides
links
to
procedures
and
rules
relating
to
various
types
of
domain
name
disputes.
There
is
also
a
searchable
case
database
that
allows
searching
of
dispute
proceedings
and
decisions
by
full
text,
case
number,
name,
domain
type,
date,
parties,
status,
and
rule.
D.
Arbitration
Center
for
Internet
Disputes
(http://www.adr.eu)
ADR.EU
is
the
Alternative
Dispute
Resolution
service
of
the
Czech
Arbitration
Court
and
is
supported
by
the
European
Commission.
Click
on
“Enter
Platform
.euADR”
on
the
home
page
(select
one
of
24
languages)
to
be
taken
to
a
page
with
links
to
its
rules,
supplemental,
rules,
procedures,
and
decisions.
This body was approved as a UDRP dispute resolution service on May 18, 2013.
With
the
proliferation
of
domain
name
disputes,
the
Uniform
Rapid
Suspension
(URS)
(http://newgtlds.icann.org/en/applicants/urs)
System
was
developed.
Implemented
by
ICAAN,
it
provides
a
faster,
less
expensive
procedure
for
rights
holders
experiencing
clear-‐cut
cases
of
infringement
caused
by
domain
name
registrations.
The
two
approved
URS
dispute
providers
are
NAF
and
ADNRC.
An
important
component
to
a
successful
arbitration
is
a
statute
receptive
to
arbitration
in
the
country
of
the
site
of
the
arbitration.
A
distinction
is
often
made
in
a
nation's
laws
between
domestic
arbitrations,
in
which
states
tend
to
maintain
a
firmer
hand
through
the
court
systems,
and
international
arbitration,
in
which
actors
engaging
sophisticated
commercial
transactions
are
freer
to
agree
upon
their
own
rules.
Another
recent
trend
is
the
conscious
repositioning
of
countries
through
adoption
of
new
or
amendment
of
existing
arbitration
laws
that
remove
impediments
to
the
arbitration
process,
in
an
effort
to
attract
more
global
business.
Most
statutes
since
1980
have
also
included
"trade
usage"
as
a
permissible
source
of
arbitration
law,
again
in
an
effort
to
attract
global
business
on
its
own
terms.
What
follows
is
an
alphabetical
listing
of
national
arbitration
laws
available
free
on
the
Internet
that
the
author
has
been
able
to
locate.
[In
English,
unless
otherwise
indicated.]
Antigua
(http://www.laws.gov.ag/acts/;
select
"A"
under
#4,
then
scroll
down
and
click
on
"Arbitration
Act.")
Armenia (http://www.lexadin.nl/wlg/legis/nofr/oeur/arch/arm/arbitration_law.pdf)
Austria (http://www.viac.eu/en/materials/83-‐recht/gesetze/200-‐zpo-‐as-‐amended-‐2013)
Azerbaijan (http://arbitr.az/eng/viewpage.php?page_id=27)
Bahamas (http://www.bfsb-‐bahamas.com/legislation/ArbitrationAct2008.pdf)
Belgium (http://www.cepani.be/en/arbitration/belgian-‐judicial-‐code-‐provisions)
Bermuda
(http://www.bermudalaws.bm/Laws/Consolidated%20Laws/Bermuda%20International%20Con
ciliation%20and%20Arbitration%20Act%201993.pdf)
Brazil (http://www.jus.uio.no/lm/brazil.arbitration.law.no.9.307.1996/)
Brunei (http://www.wipo.int/wipolex/en/details.jsp?id=8530)
Bulgaria (http://www.bcci.bg/arbitration/lawofarbitr.htm)
Canada (http://laws-‐lois.justice.gc.ca/eng/acts/c-‐34.6/)
Chile
(http://www.leychile.cl/Navegar?idNorma=230697)
China
(http://www.jus.uio.no/lm/china.arbitration.law.1994/)
Croatia
(http://www.vsrh.hr/CustomPages/Static/HRV/Files/Legislation__Law-‐Arbitration-‐
RC.pdf)
Denmark (http://www.voldgiftsinstitutte.dk/en/library/arbitration-‐act)
Dominica (http://www.dominica.gov.dm/laws/chapters/chap4-‐50.pdf)
Fiji (http://www.paclii.org/fj/legis/consol_act/aa137/)
Finland (www.finlex.fi/fi/laki/kaannokset/1992/en19920967.pdf)
Germany
(http://www.dis-‐arb.de/materialien/)
Select
"Materials"
on
the
left;
click
on
one
of
six
languages
under
"German
Arbitration
Law
98"
Gibraltar (http://www.gibraltarlaws.gov.gi/articles/1895-‐10o.pdf)
Hong
Kong
(http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/C05151C7
60F783AD482577D900541075?OpenDocument&bt=0)
India (http://www.ficci-‐arbitration.com/htm/acts.pdf)
Indonesia (http://www.arbiter.com.sg/Laws_Rules_Indonesia_Content.html)
Ireland (http://www.irishstatutebook.ie/2010/en/act/pub/0001/index.html)
Israel (http://www.israelinsurancelaw.com/contract-‐laws/arbitration-‐law-‐1968.html)
Jamaica (http://www.moj.gov.jm/laws/arbitration-‐act)
Japan (http://www.kantei.go.jp/foreign/policy/sihou/law032004_e.html)
Jersey
(http://www.jerseylegalinfo.je/Law/LawsInForce/alphabetical.aspx?Alpha=A&Page=3)
Scroll
down
for
links
to
Arbitration
(International
Investment
Disputes
Order
1979
and
Arbitration
Law
1998.
Jordan (http://midglobe.com/index.php?option=com_content&task=view&id=45&Itemid=70)
Kenya (http://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ArbitrationAct__No49.pdf)
Kosovo (http://www.assembly-‐kosova.org/common/docs/ligjet/2007_02-‐L75_en.pdf)
Lithuania (http://www3.lrs.lt/c-‐bin/eng/preps2?Condition1=56461&Condition2=)
Macao (http://www.wtc-‐macau.com/arbitration/eng/statute/55_98_m.htm)
Malaysia
Mozambique
(http://www.josemigueljudice-‐
arbitration.com/xms/files/02_TEXTOS_ARBITRAGEM/04_Leis_Arbitrais_Nacionais/Lei_Arbitrag
em_Mocambique.pdf)
Go
to
Lei
11/99.
In
Portuguese.
Netherlands
(http://www.nai-‐
nl.org/downloads/Text%20Dutch%20Code%20Civil%20Procedure.pdf)
Nicaragua
(http://legislacion.asamblea.gob.ni/Normaweb.nsf/($All)/D0489E6135592D16062570A100585
41B?OpenDocument).
This
site
requires
free
registration.
In
Spanish.
Nigeria (http://www.nigeria-‐law.org/ArbitrationAndConciliationAct.htm)
Paraguay
(http://www.oas.org/es/sla/ddi/docs/Paraguay-‐
Ley%20de%20Arbitraje%20y%20Mediaci%C3%B3n.pdf)
Philippines (http://www.lawphil.net/statutes/repacts/ra1953/ra_876_1953.html)
Portugal (http://arbitragem.pt/legislacao/2011-‐12-‐14-‐-‐lav/lav-‐english.pdf)
Russian
Federation
(http://www.jus.uio.no/lm/russia.international.commercial.aribtration.1993)
Scotland (http://www.legislation.gov.uk/asp/2010/1/contents)
Serbia
(http://arbitrations.ru/userfiles/file/Law/Arbitration%20acts/Arbitration_Act_Serbia_MajaStani
vukovic.pdf)
Sweden (http://www.commonlii.org/lk/legis/num_act/aa11o1995183/)
Switzerland
(http://www.arbitration-‐ch.org/pages/en/arbitration-‐in-‐
switzerland/index.html#.UvZ7orR91Wh)
Scroll
down
for
links
in
6
languages.
Thailand (http://www.thailawforum.com/database1/arbitration-‐act.html)
Uganda (http://www.ulii.org/content/arbitration-‐conciliation-‐amendment-‐act)
Ukraine (http://www.ucci.org.ua/en/legalbase/zua944002.html)
Venezuela (http://www.sice.oas.org/dispute/comarb/Venezuela/spLarbcoms.a)
Vietnam (http://vietlaw4u.com/vietnam-‐commercial-‐arbitration-‐law-‐542010qh12/)
Zambia (http://www.zamlii.org/zm/legislation/consolidated-‐act/40)
Zimbabwe
(https://www.international-‐arbitration-‐attorney.com/wp-‐content/uploads/title-‐
7chapter-‐715-‐previous-‐chapterarbitration-‐actacts-‐61996-‐142002-‐modified-‐by-‐s-‐1-‐208.pdf)
Kluwer's
Internet
database
covers
both
primary
and
secondary
resources.
Users
can
elect
to
subscribe
to
some
or
all
the
materials.
KluwerArbitration.com
brings
together
the
documents
of
many
of
the
institutions
described
above,
such
as
the
ICC/ICCA,
the
ICSID,
the
PCA,
and
the
WIPO
Arbitration
and
Mediation
Center.
Searching
is
free
and
results
in
citations,
but
one
needs
a
subscription
to
retrieve
the
full
text
of
the
primary
documents.
The
Web
site
is
well-‐designed
and
easy
to
use.
There
is
a
basic
search
box
on
the
home
page
and
a
link
to
an
advanced
search
page.
The
latter
lets
you
search
by
organization,
type
of
document
(e.g.,
award,
rules,
conventions,
etc.),
author,
parties,
country,
and
more.
This
is
another
publisher
of
a
great
deal
of
print
primary
and
secondary
arbitration
material.
Its
online
content
can
be
found
on
the
Arbitration
Law
Database
(http://arbitrationlaw.com).
Like
Kluwer,
it
offers
subscription
and
free
content.
A
major
treatise
published
by
Juris
is
the
5-‐volume
looseleaf
The
World
Arbitration
Reporter,
which
also
is
available
digitally.
It
reports
on
national
arbitration
law
and
practice
and
on
the
rules
and
practice
of
major
domestic
and
international
institutions.
[Mistellis,
Loukas;
Laurence
Shore;
Hans
Smit,
The
World
Arbitration
Reporter
(2d
ed.),
Juris,
2010.]
(http://www.worldcat.org/title/world-‐arbitration-‐reporter-‐international-‐encyclopaedia-‐of-‐
arbitration-‐law-‐and-‐practice/oclc/606909964&referer=brief_results)
Oxford
University
Press
is
behind
this
subscription
database
that
offers
primary
materials
as
well
as
analysis
and
commentary
on
international
investment
law
and
arbitration.
Content
includes
accompanying
analysis
to
each
award
and
decision,
bilateral
investment
treaties,
treaty
overviews,
journal
articles,
monographs,
and
more.
The
database
also
has
a
directory
of
arbitrators
and
legal
counsel
as
well
the
option
to
receive
free
updates
via
email
or
RSS
feed.
Contact
the
publisher
for
price
information.
D. WESTLAWNext (https://next.westlaw.com)
WESTLAWNext
covers
some
international
arbitration
materials.
Dates
of
coverage
and
comprehensiveness
of
the
information
vary
depending
the
source
material.
Type
arb
in
the
main
search
box
and
a
menu
will
pop
up.
Click
on
“arbitration
materials,”
then
scroll
down
to
“awards
and
rules
–
international.”
LEXIS (http://www.lexis.com)
Classic
LEXIS
has
comprehensive
arbitration
coverage.
You
can
identify
arbitration
files
on
Lexis
by
clicking
on
the
International
Arbitration
link
under
“Area
of
Law
-‐
Topics”
that
appears
on
the
Lexis.com
Legal
tab.
Many
primary
and
secondary
sources
are
included.
Lexis
Advance
does
not
seem
to
have
as
much
in
the
way
of
international
commercial
arbitration
materials.
Click
on
Browse,
then
Topics
–
International
Law
–
Dispute
Resolution
–
Arbitration
and
Mediation.
F. WorldTradeLaw.net (http://www.worldtradelaw.net)
This
commercial
database
has
two
parts.
The
free
portion
of
the
site
consists
of
primary
source
documents
related
to
international
trade
law;
a
full-‐text
search
engine
for
GATT/WTO
decisions;
a
large
collection
of
links
to
other
sources
of
information
on
the
web;
and
a
discussion
forum.
Subscribers
will
get
the
Dispute
Commentary
Service,
which
summarizes
and
analyzes
WTO
Panel
and
Appellate
Body
reports
and
WTO
arbitrations.
There
are
also
links
to
the
full
text.
This
is
a
service
that
provides
electronic
news
and
analysis
of
cross-‐border
arbitrations
between
foreign
investors
and
their
host
governments.
Profiles
of
arbitrators
are
also
included.
Browsing
is
free
but
most
items
require
a
subscription.
Email
alerts
are
free.
H.
PLC
Arbitration
(http://uslf.practicallaw.com/practice/international-‐arbitration)
Practical
Law
Company’s
International
Arbitration
Practice
Center
is
a
subscription
service
aimed
at
law
firm
and
law
department
practitioners.
It
offers
articles,
checklists,
guidances
and
other
material
to
those
who
deal
with
arbitration
law.
The
focus
of
the
National
Center
for
Technology
and
Dispute
Resolution
(NCTDR)
(http://www.odr.info)
is
online
dispute
resolution
(ODR).
Its
web
site
has
links
to
research
materials,
news
of
events,
and
a
list,
with
links,
of
providers
of
online
dispute
resolution.
It
also
I.
Additional
Resources
Transnational
Dispute
Management
(http://www.transnational-‐dispute-‐management.com/)
aims
to
function
as
a
newsletter,
an
in-‐depth
review/journal
of
events,
and
a
primary
materials
database.
Subscribers
will
have
access
to
these
materials.
The
International
Bar
Association
(http://www.ibanet.org/Publications/publications_IBA_guides_and_free_materials.aspx)
offers
guides
on
conflict
of
interest
in
international
commercial
arbitration
and
rules
on
the
taking
of
evidence.
For
names
and
links
of
blogs
on
arbitration,
go
to
the
World
Directory
of
Alternative
Dispute
Resolution
Blogs
(http://adrblogs.com/category/arbitration-‐blogs/).
The
Kluwer
Arbitration
Online
Web
site
includes
a
blog
(http://kluwerarbitrationblog.com)
that
offers
alerts
via
email.
Lexology
(http://www.lexology.com),
produced
with
the
Association
of
Corporate
Counsel,
is
a
web
site
that
offers
articles
on
developments
in
many
areas
of
the
law.
They
are
written
and
contributed
by
practitioners
and
experts.
Once
you
register,
you
can
select
your
areas
of
interest
and
receive
daily
emails
announcing
and
discussing
developments
in
those
areas.
To
create
alerts
on
arbitration,
use
the
drop-‐down
menus
on
the
home
page.
Select
the
jurisdiction,
then
select
“arbitration”
from
the
Work
Area
menu.
You
can
also
enter
keywords
or
limit
the
emails
to
articles
from
a
specific
organization.
The
Lexology
alerts
have
been
extremely
useful
in
alerting
me
to
changes
in
arbitration
entities,
rules,
and
other
developments.
However,
they
do
not
usually
provide
links
to
the
resources,
such
as
the
actual
text
of
new
arbitration
rules
or
awards
that
they
discuss.
X.
Treatises
Born,
Gary,
International
Commercial
Arbitration,
3rd
ed.,
Frederick,
MD:
Wolters
Kluwer/Aspen,
2014
(https://www.worldcat.org/title/international-‐commercial-‐arbitration-‐1-‐
international-‐arbitration-‐agreements/oclc/880137681&referer=brief_results)
Mistelis,
Loukas
A.;
Laurence
Shore;
Hans
Smit,
World
Arbitration
Reporter:
International
Encyclopaedia
of
Arbitration
Law
and
Practice,
2d
ed.,
Huntington,
N.Y.:
Juris,
2010-‐.
(http://www.worldcat.org/title/world-‐arbitration-‐reporter-‐international-‐encyclopaedia-‐of-‐
arbitration-‐law-‐and-‐practice/oclc/606909964&referer=brief_results)
Kolkey,
Daniel
M.;
Chernick,
Richard;
Neal,
Barbara
Reeves,
Practitioner’s
Handbook
on
Arbitration
and
Mediation,
3d
ed.,
Huntington,
N.Y.:
Juris
Net,
2012.
(https://www.worldcat.org/title/practitioners-‐handbook-‐on-‐international-‐arbitration-‐and-‐
mediation/oclc/785899904&referer=brief_results)
*Gloria
Miccioli
is
a
Reference
Librarian
with
Mayer
Brown
in
Washington,
D.C.
She
has
previously
worked
as
Library
Manager
for
Manatt,
Phelps
&
Phillips,
as
International
Librarian
for
Jones
Day,
and
as
Senior
Research
Librarian
for
Williams
&
Connolly.
She
is
a
member
of
the
Special
Libraries
Association,
the
Association
of
American
Law
Libraries
and
the
Law
Librarians’
Society
of
Washington,
D.C.
e-RG
Electronic
Resource
Guide
International
Criminal Law
Gail Partin*
This page was last updated April 1, 2015.
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by
students, teachers, practitioners and researchers as a self-guided tour of relevant,
quality, up-to-date online resources covering important areas of international
law. The ERG also serves as a ready-made teaching tool at graduate and
undergraduate levels.
2
This page was last updated April 1, 2015.
I. Introduction
C. Criminal Tribunals
D. Regional Courts
E. National Courts
B. Law Enforcement
C. Cyber Crime
D. Environmental Crime
E. Terrorism
I. Introduction
3
This page was last updated April 1, 2015.
Most legal scholars agree that a recognizable body of international criminal law does exist. However,
the precise parameters of this body of law are often unclear, perhaps due to the rapid and complex
developments of our global society. In its widest context, the source of international criminal law
might be derived from the general principles of international law; and therefore, found in the
customary law accepted by states, the general criminal law recognized by nations, and the treaties
that govern particular conduct.
International criminal law can also be categorized according to whether the conduct in question is
international, constituting an offense against the world community, or whether the act is
transnational, affecting the interests of more than one state. For example, international crime would
encompass acts that threaten world order and security, crimes against humanity and fundamental
human rights, war crimes, and genocide; whereas the transnational crime category would include
drug trafficking, transborder organized criminal activity, counterfeiting, money laundering, financial
crimes, terrorism, and willful damage to the environment.
This chapter provides information on the major electronic sources for researching international and
transnational crime, as well as current issues common to both categories, such as efforts to codify
international crimes, activities aimed at crime prevention, cooperation in law enforcement,
jurisdictional questions, international judicial cooperation, and the effects of bilateral and
multilateral treaties.
This section features a selective list of books and websites that focus primarily on international
criminal law and criminal justice topics. Most of the websites continuously add pertinent
information and update their links to other related sources. Some act as clearinghouses for a wide
variety of information. These features make them excellent places to familiarize yourself with the
range of resources available on the Web, to jump-start your research, or to keep current within the
international criminal law discipline.
This website, hosted and maintained by the T.M.C. Asser Instituut in The Hague, offers a
comprehensive database on international crimes adjudicated by national, as well as international and
internationalized courts. Cases can be searched by keyword, category, date and case name. In
addition to case law on international crimes, the website incorporates general background
information about international crimes, scholarly as well as news articles, working papers (ICD Briefs)
and relevant links to other useful databases/websites on this topic.
4
This page was last updated April 1, 2015.
Justice Information Center, National Criminal Justice Reference Service (http://www.ncjrs.gov)
In June 2003, the American Society of International Law (ASIL) opened for preview a selection of
prototype sections of EISIL: on human rights, economic, environmental and criminal law, as well as
some general international law resources. EISIL links to primary documents, such as treaties and
other international instruments. Additional information is provided on each instrument, including
print citations and relevant dates. EISIL also guides users to the "best sites" for certain topical areas
or kinds of research and provides links to recommended research guides that assist researchers in
exploring their topics of interest more widely. The database is browseable through a broad
framework of subject areas as well as searchable using a targeted search engine.
Books:
• Bassiouni, M C. International Criminal Law: Sources, Subjects, and Contents, Vol. I. 3rd
ed. Leiden, The Netherlands: M. Nijhoff Publishers, 2008.
(http://www.worldcat.org/title/international-criminal-law-volume-1-sources-subjects-and-
contents/oclc/647872683&referer=brief_results).
• Bassiouni, M C. International Criminal Law: Multilateral and Bilateral Enforcement
Mechanisms, Vol. II. 3rd ed. Leiden, The Netherlands: M. Nijhoff Publishers, 2008.
(http://www.worldcat.org/title/international-criminal-law-2-multilateral-and-bilateral-
enforcement-mechanisms/oclc/645286950&referer=brief_results)
• Bassiouni, M C. International Criminal Law: International Enforcement, Vol. III. 3rd ed.
Leiden, The Netherlands: M. Nijhoff Publishers, 2008.
(http://www.worldcat.org/title/international-criminal-law-3-international-
enforcement/oclc/645286960&referer=brief_results)
• Bassiouni, M C. Introduction to International Criminal Law. International and comparative
criminal law series. Ardsley, NY: Transnational Publishers, 2003.
(http://www.worldcat.org/title/introduction-to-international-criminal-
law/oclc/52455204&referer=brief_results)
5
This page was last updated April 1, 2015.
There are a wide range of issues encompassed within the discipline of international criminal law.
Most of these areas are governed by some type of agreement or convention, often drafted and then
overseen by an intergovernmental organization. The home pages for locating the treaties of several
international organizations are listed below.
A. United Nations
The United Nations has been the forerunner in undertaking actions to combat international crime
in all of its forms. Major UN treaties and conventions include the UN Charter and conventions on
apartheid, genocide, war crimes and crimes against humanity, torture, narcotic drugs, slavery, the
taking of hostages, aircraft hijacking, and terrorism. Researchers can search for the text of a treaty in
the United Nations Treaty Series (UNTS) (https://treaties.un.org/pages/UNTSOnline.aspx?id=1) or
for unpublished treaties in Recently Deposited Multilateral Treaties
(https://treaties.un.org/pages/DB.aspx?path=DB/titles/page1_en.xml&menu=MTDSG) or for the
status of a treaty in Status of Multilateral Treaties deposited with the Secretary-General
(https://treaties.un.org/pages/ParticipationStatus.aspx).
B. Council of Europe
Provides the text of the Statute of the Council of Europe, as well as signatures and ratifications. A
Complete list of the Council of Europe's Treaties
(http://conventions.coe.int/Treaty/Commun/ListeTraites.asp?CM=8&CL=ENG) is arranged
chronologically by ETS number. Selected treaties covering Human Rights and Penal Law are
highlighted below:
Human Rights
• Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
• European Convention for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (ETS No. 126).
Penal Law
• European Convention on Extradition (ETS No. 24) signed on 13 December 1957, entered
into force on 18 April 1960.
o Additional Protocol to the European Convention on Extradition (ETS No. 86)
opened for signature on 15 October 1975, entered into force on 20 August 1979.
o Second Additional Protocol to the European Convention on Extradition (ETS No.
6
This page was last updated April 1, 2015.
98) opened for signature on 17 March 1978, entered into force on 5 June 1983.
• European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) signed on
20 April 1959, entered into force on 12 June 1962.
o Additional Protocol to the European Convention on Mutual Assistance in Criminal
Matters (ETS No. 99) opened for signature on 17 March 1978, entered into force on
12 April 1982.
o Second Additional Protocol to the European Convention on Mutual Assistance in
Criminal Matters (ETS No. 182) opened for signature on 8 November 2001, not yet
entered into force.
• European Convention on the International Validity of Criminal Judgments (ETS No. 70)
signed on 28 May 1970, entered into force on 26 July 1974.
• European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73)
signed on 15 May 1972, entered into force on 30 March 1978.
• European Convention on the Suppression of Terrorism (ETS No. 90) signed on 27 January
1977, entered into force on 4 August 1978.
• Convention on the Transfer of Sentenced Persons (ETS No. 112) signed on 21 March 1983,
entered into force on 1 July 1985.
• Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime
(ETS No. 141) signed on 8 November 1990, entered into force on 1 September 1993.
• Criminal Law Convention on Corruption (ETS No. 173) signed on 27 January 1999,
entered into force on 1 July 2002.
o Additional Protocol to the Criminal Law Convention on Corruption (ETS No.
191) signed on 15 May 2003, entered into force on 1 February 2005.
• Convention on Cybercrime (ETS No. 185) signed on 23 November 2001, entered into force
on 1 July 2004.
o Additional Protocol to the Convention on cybercrime, concerning the
7
This page was last updated April 1, 2015.
criminalisation of acts of a racist and xenophobic nature committed through
computer systems (ETS No. 189) signed on 28 January 2003, entered into force on
1 March 2006.
• Council of Europe Convention on the Prevention of Terrorism (ETS No. 196) signed on
16 May 2005, entered into force on 1 June 2007.
• Convention on the Protection of the Environment through Criminal Law (ETS No. 172)
signed on 4 November 1998.
• Protocol amending the European Convention on the Suppression of Terrorism (ETS No.
190) signed on 15 May 2003.
C. European Union
This is an umbrella site for all of the Union's institutions and organizations. It includes the text of
EU founding treaties, policies, institutional documents, press releases and gateways to CELEX and
SCAD, which index EU documents, reports and articles.
The Inter-American Treaties database is an extensive collection of OAS treaties and agreements,
including ratification and status information. Treaties can be searched by subject or year. The
database can be reached via the OAS home page by clicking on Documents, then Treaties and
Agreements.
The Multilaterals Project at the Fletcher School of Law & Diplomacy (http://fletcher.archive.tusm-‐
oit.org/multilaterals/)
This was an ongoing project to make the full text of international conventions and other instruments
available electronically. It is now archived and no longer being updated. However, the historical
8
This page was last updated April 1, 2015.
content, dating back to 1648, included a selective list of treaties that can be searched by subject or
chronologically. It also provides an array of links to other collections of international law
(http://fletcher.archive.tusm-oit.org/multilaterals/secretariatslinks.html) that might yield relevant
treaties.
All ICJ judgments delivered since its inception in 1946 are listed, along with information on the
background of the Court, its current docket, procedures, jurisdiction, and rules. Recent cases
pertaining to international criminal law include the Aerial Incident at Lockerbie and the Application
of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v.
Yugoslavia). A complete set of ICJ decisions is available electronically in the INT-ICJ database on
WESTLAW, which is a fee-based service.
After 50 years of discussion and documentation on the need for an international criminal court, the
Rome Statute of the International Criminal Court (http://www.icc-
cpi.int/en_menus/icc/legal%20texts%20and%20tools/official%20journal/Pages/rome%20statute.as
px) was adopted on 17 July 1998 and entered into force on 1 July 2002, establishing "an
independent permanent International Criminal Court in relationship with the United Nations
system, with jurisdiction over the most serious crimes of concern to the international community as
a whole."
This is the Court's official web site, available in English or French. It includes pages for the four
organs of the Court: the Presidency, the Chambers, the Office of the Prosecutor, and the Registry, as
well as information on victims’ issues, witness protection, the Defense, and the State Parties. The
Legal Texts and Tools section (http://www.icc-
cpi.int/en_menus/icc/legal%20texts%20and%20tools/Pages/legal%20tools.aspx) provides the text of
the Rome Statute, Rules of Procedure and Evidence, Elements of Crimes, and other legal
instruments of the Court. The records of the Assembly of States Parties are available on the official
Assembly of States Parties (http://www.icc-cpi.int/en_menus/asp/Pages/asp_home.aspx) web page.
9
This page was last updated April 1, 2015.
On 11 June 2010, the Review Conference of the Rome Statute concluded in Kampala, Uganda.
The Conference adopted a resolution which amended the Rome Statute to include a definition of
the crime of aggression and the conditions under which the Court could exercise jurisdiction with
respect to the crime. "The Conference based the definition of the crime of aggression on United
Nations General Assembly Resolution 3314 (XXIX) of 14 December 1974, and in this context
agreed to qualify as aggression, a crime committed by a political or military leader which, by its
character, gravity and scale constituted a manifest violation of the Charter." Official and working
documents can be found on the Conference's Crimes of Aggression web page, which also includes a
link to relevant working documents from previous Assembly of States Parties sessions.
The Conference also adopted a resolution that amended Article 8 of the Rome Statute "to bring
under the jurisdiction of the Court the war crime of employing certain poisonous weapons and
expanding bullets, asphyxiating or poisonous gases, and all analogous liquids, materials and devices,
when committed in armed conflicts not of an international character." It also adopted a resolution
to retain and review Article 124 again during the fourteenth session of the Assembly of States Parties
in 2015. Article 124 allows new States Parties "to opt for excluding from the Court’s jurisdiction
war crimes allegedly committed by its nationals or on its territory for a period of seven years."
Reports and documents detailing these amendments can be found on the Conference's Resolutions
and Declarations and Summaries and Reports pages.
Assembly of States Parties to the Rome Statute of the International Criminal Court (ASP)
(http://www.icc-cpi.int/en_menus/asp/assembly/Pages/assembly.aspx)
The Assembly of States Parties (ASP), created by the Rome Statute, continues the work of the Rome
Conference in establishing the Court. This web site tracks activities and proceedings of the ASP and
provides links to documentation and reports. The site is available in English or French and includes
webcasts of some activities.
The following sites will provide a full picture of the issues and debates surrounding the creation of
the International Criminal Court.
At this UN web site, historical documentation (covering the period ending on 31 December 2003) is
available covering the adoption of the Rome Statue of the International Criminal Court, and the
establishment of the Court . Proceedings are available for the Ad Hoc Committee for the
Establishment of an International Criminal Court; the Preparatory Commission for the
International Criminal Court; and the United Nations Diplomatic Conference of Plenipotentiaries
on the Establishment of an International Criminal Court. Maintained by the Codification Division
of the UN Office of Legal Affairs, this site provides links to most of the official documents relating
10
This page was last updated April 1, 2015.
to the formation of the ICC, including the:
The Preparatory Commission for the Establishment of an International Criminal Court was
established by Resolution F of the Final Act of the United Nations Diplomatic Conference of
Plenipotentiaries on the Establishment of an International Criminal Court, which adopted the
Rome Statute of the International Criminal Court on 17 July 1998. This site, maintained by the
UN Office of Legal Affairs, contains selected documents issued since the first session of the
Preparatory Commission. In particular, the Proceedings of the Preparatory Commission at its First
Session and the Report of the Second Session of the Preparatory Commission for the International
Criminal Court discuss proposed Rules of Procedure and Evidence, rules governing appeals,
procedures governing Investigation and Prosecution, rules relating to Organization and Composition
of the Court, and Elements of Crimes. Documents and work plans are available for every session
leading up to adoption of the final act.
This official UN website for the establishment of the International Criminal Court provides an
historical narrative tracing the work of the International Law Commission towards the establishment
of the International Criminal Court. It links to official records of the International Law
Commission, the UN Diplomatic Conference and to related bodies involved in preparations for the
final conference establishing the Rome Statute. The link to the official records of the Diplomatic
(Rome) Conferences provide all official documentation of the various conference activities, reports,
and working papers. Among other things, the Final Act of the Conference (A/CONF.183/10)
established the Preparatory Commission for the International Criminal Court to "prepare proposals
for practical arrangements for the establishment and coming into operation of the Court."
As early as 1947, the General Assembly requested the International Law Commission to formulate a
Draft Code of Crimes Against the Peace and Security of Mankind.
(http://legal.un.org/ilc/summaries/7_3.htm) Included here is the text of the 1996 Draft Code with
commentary, an abstract, an analytical guide, and the 1954 Draft Code. The full text of the original
1996 Report of the Law Commission is also available (http://legal.un.org/ilc/summaries/7_4.htm)
The final text was adopted by the Commission on 5 July 1996, and forwarded to the General
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Assembly for consideration.
This is the primary NGO provider of online information about the permanent International
Criminal Court. It includes several levels of information, some of which are:
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US Senate Committee on Foreign Relations. Committee Hearings, 105th Congress
(http://www.access.gpo.gov/congress/senate/senate11sh105.html)
On July 23, 1998, the United States Senate Foreign Relations Committee conducted hearings on
the establishment of the International Criminal Court and the U.S. role in the process. Senate
Hearing 105-724, entitled Is a U.N. International Criminal Court in the U.S. National Interest?,
included testimony from David J. Scheffer, Ambassador-At-Large for War Crimes Issues, John R.
Bolton, Former Assistant Secretary of State for International Organization Affairs, attorney Lee A.
Casey, Professor Michael P. Scharf, along with statements submitted by The Lawyers Committee for
Human Rights and Human Rights Watch.
ASIL actively pursues and publishes information pertaining to the International Criminal Court.
The ASIL Newsletter (http://www.asil.org/resources/asil-‐newsletter) routinely includes pieces
relating to the Court. Selected articles from the American Journal of International Law can be
retrieved via a site search. ASIL Insights (http://www.asil.org/insights) are brief essays on current
topics by international law experts. Insights are not designed to argue a position, but rather to
inform decision-makers and the public of the relevance of international law to current events. Some
notable pieces are:
• The Crime of Aggression: Adding a Definition to the Rome Statute of the ICC, by Anja
Seibert-Fohr, November 18, 2008.
• U.S. Policy Toward the International Criminal Court: Furthering Positive Engagement.
Report of an independent Task Force convened by the American Society of International
Law. (http://www.amicc.org/docs/ASIL%20ICC%20Report.pdf) In March 2009, ASIL's
ICC Task Force released a Statement of Policy Recommendations advocating that the
President of the United States announce a policy of positive engagement with the Court.
The First Review Conference of the Rome Statute of the International Criminal Court, by
David Kaye, May 14, 2010.
• Special Elections to Fill Vacancies on the International Court of Justice, by Natalya Scimeca,
June 11, 2010.
• States Parties Approve New Crimes for International Criminal Court, by David Scheffer,
June 22, 2010.
• The ICC and Palestinian Consent, by John Cerone, March 20,2015.
Books:
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court/oclc/57041994&referer=brief_results)
• Lee, Roy S. and Hakan Friman, et.al. The International Criminal Court: Elements of
Crimes and Rules of Procedure and Evidence. Ardsley, NY : Transnational Publishers, 2001.
(http://www.worldcat.org/title/international-criminal-court-elements-of-crimes-and-rules-of-
procedure-and-evidence/oclc/47444007&referer=brief_results)
• Lee, Roy S., et.al. The International Criminal Court : the Making of the Rome Statute--
Issues, Negotiations, Results. The Hague: Kluwer Law International, 1999.
(http://www.worldcat.org/title/international-criminal-court-the-making-of-the-rome-statute-
issues-negotiations-results/oclc/41991408&referer=brief_results)
• Bassiouni, M C. The Statute of the International Criminal Court: A Documentary History.
Ardsley, N.Y: Transnational Publishers, 1998. (http://www.worldcat.org/title/statute-of-the-
international-criminal-court-a-documentary-history/oclc/474526616?referer=di&ht=edition)
This site features Human Rights Watch Action Alerts, press releases, documents, and news
concerning the Rome Conference and the workings of the international criminal court.
The American Non-Governmental Organizations Coalition for the International Criminal Court
(AMICC) (http://www.amicc.org)
AMICC is a coalition of U.S. non-governmental organizations that are committed to achieving full
U.S. ratification and support for the ICC. This site is a comprehensive repository of documents and
information about the U.S. and the ICC, including news, background and policy analysis.
This particular page maintains links to Amnesty International updates, reports and fact sheets
concerning the ICC.
C. Criminal Tribunals
"On 13 December 2005, the Government of the Republic of Lebanon requested the United Nations
to establish a tribunal of an international character to try all those who are alleged responsible for the
attack of 14 February 2005 in Beirut that killed the former Lebanese Prime Minister Rafiq Hariri
and 22 others. Pursuant to Security Council resolution 1664 (2006), the United Nations and the
Lebanese Republic negotiated an agreement on the establishment of the Special Tribunal for
Lebanon. Further to Security Council resolution 1757(2007) of 30 May 2007, the provisions of the
document annexed to it and the Statute of the Special Tribunal there to attached, entered into force
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on 10 June 2007. "
This is the official website for the Tribunal and includes information about the various chambers
and judges that comprise the court, the prosecutor's office and the offices of the defence. Founding
documents, such as the Tribunal Statute, applicable Lebanese law, Security Council documents and
court rules are provided on the Documents page. The Cases page contains all public documents
(such as indictments, judgments and transcripts) from all the cases of the tribunal in either English
and/or French.
ASIL Insights are brief essays on current topics by international law experts. Insights are not
designed to argue a position, but rather to inform decision-makers and the public of the relevance of
international law to current events.
• Special Tribunal for Lebanon Issues Landmark Ruling on Definition of Terrorism and
Modes of Participation by Michael P. Scharf, March 4, 2011.
• Special Tribunal for Lebanon: the First Orders by the Pre-Trial Judge by Antonios
Tzanakopoulos. August 2009.
The Khmer Rouge regime took power on 17 April 1975 and was overthrown on 7 January 1979.
Perhaps up to three million people perished during this period of 3 years, 8 months and 20 days.
The end of Khmer Rouge period was followed by a civil war. That war finally ended in 1998, when
the Khmer Rouge political and military structures were dismantled. In 1997 the government
requested the United Nations (UN) to assist in establishing a trial to prosecute the senior leaders of
the Khmer Rouge. In 2001 the Cambodian National Assembly passed a law to create the
Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed
during the Period of Democratic Kampuchea (Extraordinary Chambers or ECCC) to try serious
crimes committed during the Khmer Rouge regime 1975-1979. Cambodia invited international
participation due to the weakness of the Cambodian legal system and the international nature of the
crimes, and to help in meeting international standards of justice. An agreement with the UN was
ultimately reached in June 2003 detailing how the international community will assist and
participate in the Extraordinary Chambers.
Official Web Site for the Extraordinary Chambers of the Courts of Cambodia
(http://www.eccc.gov.kh/en/)
This website for the ECCC contains a wealth of information about the Court and its operations.
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Agreements between the U.N. and Cambodia are provided, along with Cambodian implementing
legislation. The organs of the Court (judicial chambers, prosecution, defense and victim support)
and rules and regulations are thoroughly explained and documented. Transcripts of case
proceedings can be downloaded in PDF format. A helpful Chronology details the major events that
took place from 21 June 1997 when Cambodia requested United Nations assistance in organizing
the process for the Khmer Rouge trials until early 2006 when the Extraordinary Chambers in the
Courts of Cambodia were formally established.
UNAKRT provides technical assistance to the Extraordinary Chambers in the Courts of Cambodia
(ECCC), a domestic court supported with international staff, established in accordance with
Cambodian law. The subject-matter jurisdiction of the Extraordinary Chambers shall be the crime of
genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of
Genocide, crimes against humanity as defined in the 1998 Rome Statute of the International
Criminal Court and grave breaches of the 1949 Geneva Conventions and such other crimes as
defined in Chapter II of the Law on the Establishment of the Extraordinary Chambers as
promulgated on 10 August 2001. The site includes a Documents page that provides relevant General
Assembly Resolutions, Reports of the Secretary General, and other U.N. documents.
ASIL Insights are brief essays on current topics by international law experts. Insights are not
designed to argue a position, but rather to inform decision-makers and the public of the relevance of
international law to current events.
• Closing in on the Khmer Rouge: the Closing Order in Case 002 Before the Extraordinary
Chambers in the Courts of Cambodia by Beth Van Schaack. October 2010.
The Special Court for Sierra Leone was established jointly by the Government of Sierra Leone and
the United Nations to handle serious violations of international humanitarian law and Sierra
Leonean law committed in Sierra Leone since 30 November 1996. On August 14, 2000, the UN
Security Council adopted Resolution 1315 requesting the UN Secretary General to start
negotiations to create a Special Court. The Residual Special Court for Sierra Leone was established
to oversee the continuing legal obligations of the Special Court after its closure in 2013.
This official web site includes and significantly expands the information contained in the original
Special Court website. It includes information on the SCSL such as indictments, decisions, and
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transcripts of cases and a Documents which page includes links to the basic founding documents,
practice directions, and directives of the Court. The RSCSL pages include basic documents,
decisions, and information of the official mandate.
Agreement between the United Nations and the Government of Sierra Leone on the Establishment
of the Special Court for Sierra Leone (http://www.rscsl.org/Documents/scsl-agreement.pdf)
On 16 January 2002, an agreement establishing the Special Court was signed between the
Government of Sierra Leone and the United Nations. The Statute of the Special Court for Sierra
Leone (http://www.rscsl.org/Documents/scsl-statute.pdf) was annexed to this Agreement.
ASIL Insights are brief essays on current topics by international law experts. Insights are not
designed to argue a position, but rather to inform decision-makers and the public of the relevance of
international law to current events. Some notable pieces are:
• Charles Taylor and the Special Court for Sierra Leone by Mark A. Drumbl. April 2006.
• Prosecutor v. Brima, Kamara, and Kanu: First Judgment from the Appeals Chamber of the
Special Court for Sierra Leone by Charles C. Jalloh and Janewa Osei-Tutu. May 2008.
Berkeley War Crimes Studies Center: Sierra Leone Field Reports (http://wcsc.berkeley.edu/sierra-
leone/)
In June 2004, the Berkeley War Crimes Studies Center established a permanent monitoring
program in Freetown to report on and evaluate the work of the Special Court. This site includes
several reports regarding the establishment and operation of the Court.
This is the official UN website for the ICTY and includes a database of Cases & Judgments
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(http://www.icty.org/action/cases/4) including the full text of indictments, decisions, orders, and
proceedings searchable by name and case number. The Legal Library section
(http://www.icty.org/sections/LegalLibrary) includes the updated statute, related resolutions, rules of
procedure and evidence, documents establishing the Tribunal, background information, regulations,
and other miscellaneous documents. Also included are sections for Reports and Publications
(http://www.icty.org/sections/AbouttheICTY/ReportsandPublications) which provide annual
reports, newsletters, and progress assessments. Video & audio feeds to each of the three court rooms
are also available.
The WESTLAW database, INT-ICTY (International Criminal Tribunal for the Former Yugoslavia),
includes documents (judgments, decisions, orders, and indictments) issued by the International
Criminal Tribunal for the Former Yugoslavia. This is a fee-based database, not available to all
subscribers.
ASIL Insights are brief essays on current topics by international law experts. Insights are not
designed to argue a position, but rather to inform decision-makers and the public of the relevance of
international law to current events.
• Prosecutor v. Ramush Haradinaj et al.: The International Criminal Tribunal for the Former
Yugoslavia and the Threshold of Non-International Armed Conflict in International
Humanitarian Law by Anthony Cullen and Marko Divac Öberg. April 2008.
• Ten Years After the War in Kosovo: International Law, Kosovo and the International
Criminal Tribunal for the Former Yugoslavia, by Linda Strite Murnane. June 10, 2009.
• ICTY Special Chamber Decision In the Case Against Florence Hartman, by Benjamin E.
Brockman-Hawe, October 9, 2009.
Books:
• Bassiouni, M C, and Peter Manikas. The Law of the International Criminal Tribunal for the
Former Yugoslavia. Irvington-on-Hudson, N.Y: Transnational Publishers, 1996.
(http://www.worldcat.org/title/law-of-the-international-criminal-tribunal-for-the-former-
yugoslavia/oclc/33818744&referer=brief_results)
An extensive collection of links to basic documents, media outlets, and other sources relating to all
aspects of the Yugoslavian and Rwandan crises.
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International Criminal Tribunal for Rwanda (United Nations) (http://www.ictr.org/)
Recognizing that serious violations of humanitarian law were committed in Rwanda, UN Security
Council Resolution 955 established the ICTR to prosecute serious violations of international
humanitarian law committed between 1 January 1994 and 31 December 1994. This is the official
UN website for the ICTR. The link to ICTR Basic Documents and Case Law is a fully-searchable
collection of all documents pertaining to the ICTR. The Status of Cases page includes the text of all
closed and pending actions before the ICTR, the Legal page includes links to the ICTR statute,
Rules of Procedure and Evidence, Security Council resolutions, while other pages provide press
releases, listings of indictments, and hearing transcripts.
The WESTLAW database, INT-ICTR (International Criminal Tribunal for Rwanda), includes all
documents (judgments, decisions, orders, and indictments) issued by the International Criminal
ASIL Insights are brief essays on current topics by international law experts. Insights are not
designed to argue a position, but rather to inform decision-makers and the public of the relevance of
international law to current events. Some notable pieces are:
An extensive collection of links to basic documents, media outlets, and other sources relating to all
aspects of the Yugoslavian and Rwandan crises.
The Avalon Project at the Yale Law School electronically published the Trial of the Major War
Criminals before the International Military Tribunal: Proceedings Volumes and Nazi Conspiracy
and Aggression as well as key documents relating to the trials.
The Harvard Law School Library has approximately one million pages of documents relating to the
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trial of military and political leaders of Nazi Germany before the International Military Tribunal
(IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg
Military Tribunals (NMT). The documents include trial transcripts, briefs, document books,
evidence files, and other papers which have been digitized and made available, along with analytical
information and search capabilities.
Reproduces the original texts of United Nations War Crimes Commission documents,
predominantly taken from the Law-Reports of Trials of War Criminals and History of the United
Nations War Crimes Commission and the Development of the Laws of War.
D. Regional Courts
Due to an increasing caseload, a full-time European Court of Human Rights was restructured and
began operations in November 1998. This restructuring eliminated the Commission of Human
Rights. Reports and decisions prior to the cessation of Commission activities in October 1999 can
be located on the HUDOC database.
Both Inter-American sites are maintained by the University of Minnesota Human Rights Library.
E. National Courts
Many international criminal law issues fall within the jurisdiction of national courts, so researchers
will find relevant information by searching for cases within the individual judicial systems of specific
countries. Several websites offer thorough coverage of the countries of the world. Note, however,
that not all countries provide electronic access to their judicial documents.
The following sites provide an eclectic array of links to all countries in the world:
● Findlaw (http://corporate.findlaw.com/law-library/international-law/)
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● Hieros Gamos (http://www.hg.org/index.html)
● World Legal Information Institute (http://worldlii.org/)
The very nature of international and transnational crime makes the prevention and prosecution of
these crimes multi-dimensional and quite complex. Once a suspected criminal is apprehended
questions immediately arise regarding jurisdiction, prisoner transfer, extradition, and various
procedural issues requiring mutual assistance among nations. Precise mechanisms governing these
issues are not always in place. When there are mechanisms, they can take the form of multilateral
conventions, bilateral treaties, or letters of agreement negotiated on a case by case basis.
Books:
The UNODC is the office responsible for activities related to crime prevention, criminal justice and
criminal law reform. It focuses on combating transnational organized crime, corruption, and illicit
trafficking in human beings. The Office's primary efforts are on formulating and monitoring
internationally accepted standards and norms. The Criminal Justice Standards and Norms
(http://www.unodc.org/unodc/en/justice-and-prison-reform/compendium.html) brings together all
existing United Nations standards and norms on this subject. The website also contains United
Nations Commission on Crime Prevention and Criminal Justice documents
(http://www.unodc.org/unodc/en/commissions/CCPCJ/index.html) and the materials related to the
UN Congresses on the Prevention of Crime and the Treatment of Offenders
(http://www.unodc.org/congress/), including extensive documentation for the 13th Congress in
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Doha, April 12-19, 2015 and previous congresses. Data sets for the UN Surveys of Crime Trends
and Operations of Criminal Justice Systems (http://www.unodc.org/unodc/en/data-and-
analysis/United-Nations-Surveys-on-Crime-Trends-and-the-Operations-of-Criminal-Justice-
Systems.html) as well as other studies on new and emerging forms of crime are also available.
International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLRCJP)
(http://www.icclr.law.ubc.ca/)
The Centre, located at the University of British Columbia, is a joint venture with the International
Society for the Reform of Criminal Law (http://www.isrcl.org/). This site includes the Centre's
papers and reports on aboriginal justice, the common curriculum, domestic violence, economic and
organized crime, environment, the ICC, juvenile justice, peacekeeping, and sentencing.
This model treaty was adopted by the Eighth UN Crime Congress, August 27-September 7, 1990.
Extradition treaties are usually bilateral agreements between specific countries. Searching the official
government websites of the parties to the extradition treaty may provide links to these documents.
Books:
• Bassiouni, M C. International Extradition: United States Law and Practice. 5th ed. Dobbs
Ferry, NY: Oceana, 2007. (http://www.worldcat.org/title/international-extradition-united-
states-law-and-practice/oclc/254157300?referer=br&ht=edition)
European Convention on Extradition (ETS No. 24) signed on 13 December 1957, entered into
force on 18 April 1960.
• Additional Protocol to the European Convention on Extradition (ETS No. 86) opened for
signature on 15 October 1975, entered into force on 20 August 1979.
• Second Additional Protocol to the European Convention on Extradition (ETS No. 98)
opened for signature on 17 March 1978, entered into force on 5 June 1983.
European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) signed on 20 April
1959, entered into force on 12 June 1962.
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(ETS No. 99) opened for signature on 17 March 1978, entered into force on 12 April 1982.
• Second Additional Protocol to the European Convention on Mutual Assistance in Criminal
Matters (ETS No. 182) opened for signature on 8 November 2001, entered into force 1
February 2004.
European Convention on the International Validity of Criminal Judgments (ETS No. 70) signed on
28 May 1970, entered into force on 26 July 1974.
European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73) signed on
15 May 1972, entered into force on 30 March 1978.
Convention on the Transfer of Sentenced Persons (ETS No. 112) signed on 21 March 1983,
entered into force on 1 July 1985.
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No.
141) signed on 8 November 1990, entered into force on 1 September 1993.
The Inter-American Treaties database is an extensive collection of OAS treaties and agreements,
including ratification and status information. The database can be reached via the OAS home page
by clicking on Documents, then Treaties and Agreements. The text of treaties dealing with
extradition and mutual assistance can be found under the subject Judicial Cooperation. Some
relevant agreements include:
B. Law Enforcement
The idea of forming an international police organization had its roots in discussions held as early as
1914. In 1923, the International Criminal Police Organization was created, and later, in 1956,
evolved into the modern organization known as INTERPOL. This website offers detailed
explanations of Interpol's administrative structure and basic principles, including the activities of
Interpol's General Assembly. The Legal Materials section includes Interpol's constitution,
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regulations, reports, resolutions, and cooperative agreements. Other sections contain information
and legislation concerning crimes against children, stolen works of art, drugs, payment (debit) cards,
forensic identification, vehicle crime, and terrorism. The site also features descriptive lists and
pictures of wanted criminals, missing children, and stolen and recovered works of art.
INTERPOL Washington, the United States National Central Bureau, serves as the designated
representative to the International Criminal Police Organization (INTERPOL) on behalf of the
Attorney General. INTERPOL Washington is the official U.S. point of contact in INTERPOL's
worldwide, police-to-police communications and criminal intelligence network. Its mission is to
coordinate U.S. law enforcement actions and responses, ensuring that they are consistent with U.S.
interests and law, as well as INTERPOL policies, procedures, and regulations.
The original Europol Convention was replaced by the EU Council Decision of 6 April 2009
establishing the European Police Office (EUROPOL) as of 1 January 2010. The Europol Council
Decision was published in the Official Journal of the European Union on 15 May 2009 (L121/37-
66) and can be viewed here: https://www.europol.europa.eu/sites/default/files/council_decision.pdf.
Europol's mission is to "improve the effectiveness and cooperation between the competent
authorities of the Member States in preventing and combating serious international organized
crime." The Publications page (https://www.europol.europa.eu/content/page/publications) includes
Europol publications such as organized crime reports, serious crime overviews, threat assessment
reports and annual reports.
Founded in 1893, the IACP provides assistance and direction to police professionals from over 80
nations. Its eLibrary (http://www.theiacp.org/ELibrary) provides access to resource materials such as
model policies, articles, training guides and webinars.
This "Directory" is a user-friendly list of links of interest to the law enforcement community
worldwide. It is organized into subjects covering, for example, US and international agencies, police
associations, hate groups, law libraries, investigations, listservs, and "most wanted" lists from around
the world.
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A. Human Rights and War Crimes
Many international crimes, such as genocide, crimes against humanity, slavery, torture, and war
crimes are considered violations of the norms of human rights and, as such, are usually covered
extensively in traditional human rights research sources. Refer to the chapter on Human Rights
(http://www.asil.org/sites/default/files/ERG_HUMRTS.pdf) in this Guide for a thorough treatment
of research methods in this area.
University of Minnesota Human Rights Library, War Crimes and Crimes Against Humanity,
Including Genocide (http://www1.umn.edu/humanrts/instree/auox.htm)
This page features links to specific documents and publications such as the Convention on the
Prevention and Punishment of the Crime of Genocide, the Nuremberg Rules, the Convention on
the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, and
the Principles of International Co-Operation in the Detection, Arrest, Extradition and Punishment
of Persons Guilty of War Crimes and Crimes Against Humanity.
The U.C. Berkeley War Crimes Studies Center was founded in 2000 to further the understanding of
war crimes. Their activities include training judges, monitoring tribunals, and locating & collecting
documentation. The web site includes regular reports from Sierra Leone, East Timor, and
Indonesia, as well as other historical preservation projects.
The Cambodian Genocide Program is studying the events of the Pol Pot era, to learn as much as
possible about the tragedy, and to help determine who was responsible for the crimes of this regime.
Major sections of the website include the Documentation Center of Cambodia
(http://www.yale.edu/cgp/dccam.html) and the Cambodian Genocide Data Bases (CGDB)
(http://www.yale.edu/cgp/databases.html). There are "four different types of information in CGDB:
bibliographic, biographic, photographic and geographic. The bibliographic database contains records
on some 2,000 primary and secondary documents dealing with atrocities in the Khmer Rouge
regime. The biographic database is an index of more than 6,000 Khmer Rouge military and political
leaders, and many victims of the Khmer Rouge regime. The photographic database is a display of
more than 5,000 prisoner mug shots taken at the Tuol Sleng Prison. The geographic database is a
collection of maps showing the precise locations of more than 5,000 mass grave pits, as well as
dozens of Khmer Rouge prisons and memorials to their victims."
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) (http://www.cpt.coe.int/en/about.htm)
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In 1987, the Council of Europe drafted the European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (http://www.cpt.coe.int/en/documents/ecpt.htm)
to prevent torture or inhuman or degrading treatment of prisoners. Since the Convention provides
for non-judicial mechanisms to protect detainees, enforcement is based on a system of visits by
members of the CPT. Reports of these visits and CPT statements are available in the CPT Database
(http://www.cpt.coe.int/en/database.htm). The text and background information on the
Convention, summary reports, text of additional Protocols, status of signatures & ratifications, and
Rules of Procedure can be found on the CPT: Reference Documents page
(http://www.cpt.coe.int/en/docsref.htm). Documents State by State
(http://www.cpt.coe.int/en/states.htm) provides press releases, site visit information, and selected
CPT reports for each of the 41 member states.
Books:
Organized crime encompasses a wide range of illegal activities such as drug trafficking, money
laundering, counterfeiting, credit card fraud, traffic in persons, illegal arms and weapons trading,
criminal offenses against the environment, and even car theft. Generally speaking, organized crime
can be any illegal activity that has evolved to the level of a business enterprise.
Books:
The signing of the Convention in Palermo, Italy during the week of 12-15 December 2000 marked
"a significant step forward in international cooperation on the rule of law and global crime." Three
Protocols to the Convention address the illicit manufacturing of and trafficking in firearms, the
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illegal trafficking in and transport of migrants, and the international trafficking in women and
children. Texts of the convention and protocols, signatures, ratification status, and sessions of the
Conference of the Parties are chronicled at the Convention website. Legislative guides, Travaux
Preparatoires, and proceedings of the meetings of the Ad Hoc Committee are also available. Most
documents are available in English, French, Spanish, Russian, Arabic and Chinese.
Formerly known as the UN Office on Drug Control and Crime Prevention (UNDCCP), this
agency is responsible for coordinating activities relating to international control of corruption,
human trafficking, illicit drugs, money laundering, organized crime, and terrorism. In keeping with
its mission, the UNODC website brings together information on the activities of the UNODC, the
Commission on Crime Prevention and Criminal Justice (CCPCJ),
(http://www.unodc.org/unodc/en/commissions/CCPCJ/index.html) the Commission on Narcotic
Drugs (CND) (http://www.unodc.org/unodc/en/commissions/CND/index.html), and the
International Narcotics Control Board (INCB). It also includes a summary of the World Drug
Report (http://www.unodc.org/wdr/index.html) and drug-related resolutions and decisions made by
the UN General Assembly, the Economic and Social Council (ECOSOC) and the Commission on
Narcotic Drugs (CND).
TraCCC is a research center within the School of Public Policy at George Mason University ,
dedicated to the research of trends in organized crime and corruption. With eight overseas organized
crime and corruption research centers, they are able to assess crime and corruption both regionally
and nationally. The Center provides Web access to the publications of their center directors and
research scholars. The Resources page includes a searchable database of in-house publications,
bibliographies, and external links to information on arms, corruption, cybercrime, drugs,
environmental crime, money laundering, terrorism, and white collar crime, to name a few.
International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLRCJP)
(http://www.icclr.law.ubc.ca)
The Centre monitors activities concerning economic and organized crime and provides programs
and publications in areas such as fraud and corruption, improving criminal justice, reducing
victimization,and transnational crime and international cooperation Publications include: Model
Guidelines for the Effective Prosecution of Crimes Against Children and a resource manual on
Model Strategies and Practical Measures on the Elimination of Violence Against Women in the
Field of Crime Prevention and Criminal Justice.
27
This page was last updated April 1, 2015.
IMoLIN was developed in 1996, under the auspices of the United Nations and other governmental
agencies, with the goal of assisting governments, organizations and individuals in the fight against
money laundering. Most pages at this site are available in at least English, French, and Spanish. Key
features are:
FINCEN, a U.S. Treasury Department agency, was created to establish, oversee and implement
policies to prevent and detect money laundering. The site includes a list of countries with transaction
advisories, bank secrecy regulatory information, surveys and reports on money laundering and
cybercrime, publications, and news releases.
FATF is one of the key organizations that addresses the global problem of money laundering.
Formed by the G-7 Economic Summit in 1989, the FATF is comprised of 26 countries, the
European Commission and the Gulf Cooperation Council. It is dedicated to promoting the
development of effective anti-money laundering controls and enhanced cooperation in counter-
money laundering efforts around the world. The site includes FATF reports and documents such as:
● FATF Standards
● Recommendations
● Money Laundering Trends and Techniques
● Annual Reports
C. Cyber Crime
CyberCrime (http://www.justice.gov/criminal/cybercrime/)
This site is maintained by the Computer Crime and Intellectual Property Section (CCIPS) of the
Criminal Division of the U.S. Department of Justice. It is primarily a clearinghouse for information
on legal and policy issues relating to cybercrime, including cases, legislation, and related documents.
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Council of Europe (http://conventions.coe.int/)
• Additional Protocol to the Convention for the Protection of Individuals with Regard to
Automatic Processing of Personal Data (ETS No. 108)
(http://conventions.coe.int/treaty/en/Treaties/Html/108.htm)
The Council also maintains a cybercrime web page promoting the provisions of the International
Convention on Cybercrime.
This website is part of the OAS Inter-American Legal Agenda. The Cyber Crime section reports on
activities in which the OAS participates in its effort to combat cybercrime. The site includes reports
and documents from meetings of the Government Experts on Cyber Crime, along with other
relevant conference reports.
D. Environmental Crime
29
This page was last updated April 1, 2015.
Convention on the Protection of the Environment through Criminal Law (ETS No. 172), opened
for signature on 4 November 1998, not yet entered into force.
International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLRCJP)
(http://www.icclr.law.ubc.ca)
In addition to its monitoring activities in organized crime described earlier in this section, the Centre
also gathers information on issues concerning Environmental Crime. Access is provided to the report
from the International Meeting of Experts, held in Portland, Oregon in 1994, entitled Use of
Crminal Sanctions in the Protection of the Environment: Internationally, Domestically and
Regionally (http://icclr.law.ubc.ca/publications/use-criminal-sanctions-protection-environment-
internationally-domestically-and).
Refer to the chapter on International Environmental Law in this Guide for a thorough treatment of
research methods in this area (http://www.asil.org/sites/default/files/ERG_ENVIROMENT.pdf).
E. Terrorism
Books:
This is the U.N.'s official website for collecting and reporting on U.N. actions against terrorism. It
provides up-to-the-minute coverage of the latest developments, including press releases and web cast
statements. The U.N. "opened a new phase in their counter-terrorism efforts by agreeing on a
global strategy to counter terrorism . The strategy, adopted on 8 September 2006 and formally
launched on 19 September 2006 marks the first time that countries around the world agree to a
common strategic approach to fight terrorism."
Charter of the United Nations, Chapter 7, Action with Respect to Threats to the Peace, Breaches of
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This page was last updated April 1, 2015.
the Peace, and Acts of Aggression (Articles 39-51)
(http://www.un.org/en/documents/charter/chapter7.shtml).
Since 1963, the international community has elaborated 18 universal legal instruments to prevent
terrorist acts. This web page links to the major terrorism treaties currently in force and monitors the
work of the UN in drafting new terrorism treaties. Treaty texts and current status information can
be found at the UN Treaty Collections: Terrorism page
(http://treaties.un.org/Pages/DB.aspx?path=DB/studies/page2_en.xml&menu=MTDSG)
This page gathers General Assembly resolutions on terrorism back to the 30th Session, Reports of
the Sixth Committee since the 40th Session, and documentation from the Ad Hoc Committee
formed to elaborate a convention on measures to eliminate international terrorism.
This page includes the text of Resolutions, Presidential Statements and Verbatim Records of Security
Council anti-terrorism actions.
In 1999, the U.N. General Assembly established the Terrorism Prevention Branch (TPB) to research
terrorism and assist countries in preventing terroristic acts. In 2002 it evolved into the Global
Programme against Terrorism, a framework for the operational activities of the UN Office on Drugs
and Crime. The site provides background information on terrorism and links to all relevant
international, regional and national counter-terrorism legislation
(https://www.unodc.org/tldb/en/index.html). The Programme provides the overall framework for
delivering technical assistance to countries. These technical assistance tools include a Digest of
Terrorist Cases, model laws, studies, a compendia of legal instruments, conference publications and
the UN Legislative Guide to the Universal Anti-Terrorism Conventions and Protocols
(http://www.unodc.org/documents/terrorism/LegislativeGuide2008.pdf) and other documents to
serve as guides for implementing the terrorism instruments.
31
This page was last updated April 1, 2015.
2. Other International Governmental Organizations
This page provides the text and status of conventions deposited with the U.N. Secretary General and
the anti-terrorism conventions of the League of Arab States, the Organization of the Islamic
Conference, the Council of Europe, the OAS, the OAU, the South Asian Association for Regional
Cooperation (SAARC), and the Commonwealth of Independent States (CIS).
These web pages provide information and documentation on the EU fight against terrorism. The
European Commission Crisis & Terrorism website includes the EU counter-terrorism strategy and a
Documentation Centre with links to COM documents, adoptions, proposals, papers, Council
actions, and communications regarding the EU's fight against terrorism.
As terrorism against members of the alliance escalates and the focus turns to counter-terrorism, basic
NATO agreements and policy documents gain significance. The official NATO website provides
timely and complete coverage of institutional activities, including information on NATO structures
and policies, official documents, current agenda and the latest developments relating to them.
The National Consortium for the Study of Terrorism and Responses to Terrorism (START)
32
This page was last updated April 1, 2015.
(http://www.start.umd.edu/start/)
START, based at the University of Maryland, is a U.S. Department of Homeland Security Center of
Excellence. The Center focuses on three areas of research: (1) Terrorist group formation and
recruitment, (2) Terrorist group persistence and dynamics, and (3) Societal responses to terrorist
threats and attacks. It hosts the Global Terrorism Database (GTD) (http://www.start.umd.edu/gtd/)
which is a comprehensive resource for the analysis and research of domestic and international
terrorism. GTD includes systematic data on international as well as domestic terrorist incidents that
have occurred between 1970-2004 and now includes almost 80,000 cases. For each GTD incident,
information is available on the date and location of the incident, the weapons used and nature of the
target, the number of casualties, and -- when identifiable -- the identity of the perpetrator. In the
next year, START expects to update the GTD to cover the time period from 2004 through 2007.
Located at the University of Pittsburgh School of Law, this page is part of a larger network of legal
educational websites. In addition to continuously updated news sources, the Terrorism page includes
listings of counterterrorism agencies and initiatives, anti-terrorism laws, statutes and treaties,
terrorism studies, bibliographies, and academic commentary.
The Financial Action Task Force (FATF) mission includes combating money laundering, terrorist
financing, and the financing of the proliferation of weapons of mass destruction, which are serious
threats to security and the integrity of the financial system. As recently as 2012, the FATF plenary
body revised and updated its Special Recommendations on Terrorist Financing to strengthen areas
that are higher risk, to deal with new threats such as the financing of proliferation of weapons of
mass destruction, and to be clearer on transparency and tougher on corruption. This website
includes the special recommendations, a self-assessment questionnaire, and guidance notes for the
33
This page was last updated April 1, 2015.
recommendations.
The judgment and appeal of the Lockerbie trial is available for downloading in .pdf format, along
with links to video coverage of the proceedings.
This site is intended to offer guidance and information to those with an interest in the Lockerbie
trial. It contains live video and audio coverage of the verdict, public reactions, and background
reports. Also included are news articles, a chronology of events, and documentation pertaining to
indictment, procedure, and evidence.
ASIL Insights are brief essays on current topics by international law experts. Insights are not
designed to argue a position, but rather to inform decision-makers and the public of the relevance of
international law to current events. Some notable pieces are:
• The European Court of Justice Kadi Decision and the Future of UN Counterterrorism
Sanctions, by Peter Fromuth, October 30, 2009.
UN Crime and Justice Information Network (UNCJIN): Statistics and Research Sources
(http://www.uncjin.org/Statistics/statistics.html)
Includes the UN Surveys of Crime Trends and Operations of Criminal Justice Systems
(http://www.uncjin.org/Statistics/WCTS/wcts.html), the UN International Study on Firearm
Regulation (http://www.uncjin.org/Statistics/firearms/index.htm), and an impressive array of links
to collections of crime statistics worldwide.
This site serves as a complete resource for international criminal statistics. It provides explanations
and references to the full range of United Nations statistical sources, International Websites, and
National Archive of Criminal Justice Data. International datasets from the National Archive of
Criminal Justice Data (http://bjs.ojp.usdoj.gov/content/ijs.cfm#IRNACJD) include crime surveys
and studies from individual countries and regions. U.N. data collections include the Global Report
on Crime and Justice (http://www.uncjin.org/Special/GlobalReport.html), the International Crime
34
This page was last updated April 1, 2015.
Victimization Survey (http://www.icpsr.umich.edu/icpsrweb/ICPSR/series/175), and the United
Nations International Study on Firearm Regulation
(http://www.uncjin.org/Statistics/firearms/index.htm). The World Factbook of Criminal Justice
Systems (http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1435), developed under a BJS grant,
provides narrative descriptions of the criminal justice systems of countries around the world. In
addition, the Bureau of Justice Statistics compiles the Sourcebook of Criminal Justice Statistics with
an emphasis on U.S crime statistics and other data on criminal justice issues. An electronic version of
the Sourcebook (http://www.albany.edu/sourcebook) is also available.
NCJRS "maintains a database of abstracts for more than 200,000 criminal justice books, journal
articles, and reports published by the U.S. Department of Justice, other local, state, and federal
government agencies, international organizations, and the private sector." The database is available
electronically in several ways: on the Web or on CD-ROM, available by ordering directly from
NCJRS. The database can also be searched via DIALOG, a fee-based service for which the user must
have an established account. The service also responds directly to over 5,000 specific inquiries per
month from around the world.
The National Institute of Justice (NIJ) is the research agency of the U.S. Department of Justice.
NIJ's links with the international community include participation in the network of criminological
institutes affiliated with the United Nations; financial and administrative support of the World
Justice Information Network (http://www.wjin.net/), a global forum for the exchange of
information and ideas concerning international criminal justice; participation in the development of
the United Nations Criminal Justice Information Network (UNCJIN); and establishment of an
International Center within NIJ. Articles discussing international crime, in NIJ publications such
as National Institute of Justice Journal, are available in full-text.
State University of NY at Albany, School of Criminal Justice, Links to Criminal Justice Sites
(http://library.albany.edu/subject/criminal)
This comprehensive clearinghouse for U.S. and international criminal law and justice resources
35
This page was last updated April 1, 2015.
features links to national and state laws, court sites, international, federal and state governments,
national and international organizations, policing & crime prevention, statistics, prisons and
sentencing, drugs, victims of crime, and more.
*
Gail A. Partin currently holds the position of Interim Director and Law Librarian at the H. Laddie
Montague, Jr. Law Library of the Dickinson School of Law of the Pennsylvania State University. As
Interim Director she manages the administrative and operational aspects of the law library's Carlisle
and University Park facilities. She also serves as the library's Foreign, Comparative, and
International Law Librarian and is responsible for the development and maintenance of the law
library's international law collection. She developed and currently teaches an upper-level strategic
legal research course, participates in the legal research instruction program for first year students and
lectures on legal research for a variety of specialized and advanced law courses. In conjunction with
other colleagues, she designed the law school’s upper-level Practice-Oriented Research Tips and
Training Certificate Program (PORTT). To augment the legal research and instructional services she
provides, Gail has developed and maintains a resource rich web site for her library.
For the past several years, she has actively participated in the development of AALL’s Principles
and Standards For Legal Research Competency and designed the Legal Research Competency
online information center. She was a founder of the Teaching Research in Academic Law Libraries
(TRIALL) institute and served on the Advisory Council and Faculty of the first two institutes. Over
the years she has published a variety of course materials and articles and participated in lectures,
panels and programs concerning various aspects of legal research, including emerging electronic
resources, legal research competencies, international law, and basic United States legal resources.
Gail is an active participant in the organizations and activities of the American Association of Law
Libraries (AALL) and the Research Instruction & Patron Services Special Interest Section (RIPS).
She currently chairs on the AALL Special Committee for Legal Research Competency, which
is charged with promoting the principles and standards to ensure their widespread acceptance within
the legal community. Recently she was appointed to chair the RIPS-SIS newly created Legal
Research Competency Committee. For over ten years, she served as chair of the nationally
recognized National Legal Research Teach-In. She is also active in the Foreign, Comparative and
International Law SIS (FCIL), having served as member of the Strategic Planning Committee and
co-chair of the Education Committee. She earned her B.S. from Rider University, her M.S.L.S.
from Clarion University, and her J.D. from Dickinson School of Law . She is an active member of
the Pennsylvania State Bar.
36
e - RG
Electronic
Resource
Guide
International
Economic Law
Jean M. Wenger
International Economic Law
I. Introduction
II. Overview of International Economic Law Research
III. International Trade Law
A. US Government Regulation & Trade Resources
B. Foreign Government Regulation
C. International Coordination & Trade Resources
D. Trade Treaties/Conventions
IV. International Financial Law
V. Regional Economic Integration
A. Africa
B. Asia and the Pacific
C. Europe
D. Western Hemisphere
VI. Governance
VII. International Development Law
A. Regional Development
B. Global Initiatives for Development
VIII. Private International Law
A. International Commercial Arbitration
B. Convention on the International Sale of Goods
C. Private International Law Organizations
IX. International Business Regulation
A. Competition
B. Electronic Commerce
C. Environment
D. Taxation
X. Intellectual Property Law
XI. Locating Literature
A. Online Bibliographic Catalogs
B. Periodical Literature
XII. Research Guides, Reference Materials, Blogs and Statistics
I. INTRODUCTION
The International Economic Law chapter of the ASIL Electronic Resource Guide for International
Law (ERG) offers an overview of electronic resources in this dynamic and evolving area of law.
The emphasis will be on Internet sites from such sources as international and regional
organizations, non-governmental international entities and government agencies. Online
subscription/commercial services will be addressed where appropriate. The electronic resources
highlighted in this guide are primarily English-language sites, although many are multi-lingual.
The exponential growth of quality electronic resources, both free and subscription precludes any
guide from being truly comprehensive. This chapter aims to present the researcher, whether the
academic, practitioner or international businessperson, with an introduction to important and
current sources of information for international economic law.
International economic law is not derived from a single source or even several sources of law; it
has its genesis in many. National, regional, and international law (public and private), policy and
customary practices are all components of international economic law. International economic
law encompasses a wide spectrum of subjects including trade in goods and services, financial
law, economic integration, development law, business regulation and intellectual property. This
expansive scope presents a challenge for identifying relevant information. This chapter offers
the researcher a starting point for locating primary and secondary sources through a topical
schematic.
The international, regional, national, and non-governmental entities highlighted in this chapter
produce a wide range of documents including international conventions, treaties, bilateral
agreements, model laws, guidelines, statistics, and interpretative materials. Many of the
websites listed in this guide offer access to resources by topic and country. These websites are
multi-layered and possess complex information architecture. It is therefore suggested that the
researcher utilize not only the annotations provided, but also the site maps available at
individual websites to view a conceptual and comprehensive overview of the documents and
resources available.
Export.gov (http://www.export.gov)
Export.gov brings together resources from many different agencies in the US
government. Export.gov is managed by the International Trade Administration and
addresses areas that include international sales, marketing and finance, regulations and
licenses, trade data and analysis, and trade problems.
The ICC publishes Incoterms which are rules for the interpretation of trade terms
and are standard trade definitions that are most commonly used in international
contracts. The latest version is Incoterms 2010.
The UNCITRAL site also has texts of documents from UNCITRAL sessions and working groups,
current status of texts, and the UNCITRAL Yearbook, starting with Vol. 1 (1968-1970) to Vol.
42 (2011). (http://www.uncitral.org/uncitral/en/publications/yearbook.html)
Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods
and Technologies (http://www.wassenaar.org/)
The Wassenaar Arrangement is one of four multilateral export control regimes in which the
United States participates. The Arrangement's purpose is to contribute to regional and
international security and stability by promoting transparency and greater responsibility in
transfers of conventional arms and dual-use (i.e. those having civil and military uses) goods and
technologies. The Wassenaar Arrangement has 41 participating states. The site provides text of
the agreement, guidelines and procedures, a list of dual-use goods and technologies and
munitions, and a country-by-country listing of national export controls contacts.
D. TRADE TREATIES/CONVENTIONS
For treaties, agreements and conventions not listed or included in this section, check
organization websites or other sites listed under the topical and regional areas of this
Guide.
Multilateral Treaties Deposited with the Secretary General contains a detailed status
of the over 550 multilateral treaties deposited with the Secretary General and is updated
daily. Also included is the Recently Deposited Multilateral Treaties, a collection
consisting of the texts of multilateral treaties recently deposited with the Secretary-
General that have not yet been published in the United Nations Treaty Series.
A. AFRICA
African, Caribbean and Pacific Group of States (APC) (http://www.acp.int)
APC aims for sustained economic growth for its 79 current members. The Treaties &
Agreements page includes texts of treaties and agreements including the Cotonou
Agreement Revised (2005), the various Lomé conventions, and the Georgetown
Agreement.
C. EUROPE
Council of Europe (http://www.coe.int/)
The Council of Europe is an international organization, which has as its objectives: the
strengthening of democracy, promotion of social and economic programs, human rights
and the rule of law among its 47 member states. The European Treaty Series (ETS)
(http://convention.coe.int) has the text of treaties including signatures and ratification
information for each Member State. Treaties regarding international economic law
include the establishment of companies, arbitration, and data protection.
EUROPA (http://europa.eu/)
EUROPA is the European Union's server with links to activities, institutions,
official documents, and information sources. Activities of the EU are divided into
topics or sectors. Each topic or sector has information on the controlling law in
the area, implementation of policies and additional information sources.
Summaries of EU legislation, arranged by topic, are available through the service
Summaries of EU Legislation (http://eur-
lex.europa.eu/browse/summaries.html).
Eur-Lex (http://eur-lex.europa.eu/homepage.html)
The Eur-Lex page has links for the text of the Official Journal, L and C series
(http://eur-lex.europa.eu/JOIndex.do?ihmlang=en) from 1952 to the present. EU
law and related documents (http://eur-lex.europa.eu/collection/eu-law.html) has
links to treaties, legislation, consolidated legislation, EU case law and
international agreements.
Consolidated Legislation
(http://eur-lex.europa.eu/collection/eu-law/consleg.html) contains legislation that
has been amended on one or more occasions, and consolidated by incorporating
into the basic instrument all subsequent amendments.
D. WESTERN HEMISPHERE
Andean Community (http://www.comunidadandina.org/)
The Andean Community, a customs union, is comprised of Bolivia, Colombia, Ecuador,
and Peru. (Venezuela was formerly a member but denounced the Cartagena Agreement
in April 2006.) Andean integration focuses on economic and social cooperation to
promote the growth of member economies. The aim is to create a Latin American
common market through trade liberalization, a common external tariff and the
harmonization of socio-economic policies and the coordination of national legislation.
The Legal Framework of the Andean Community
(http://www.sice.oas.org/Andean/instmt_s.asp) provides the texts of treaties, acts,
decisions, and resolutions.
MERCOSUR (http://www.mercosur.int)
This official site for MERCOSUR contains the text of treaties, protocols, official
documents, and publications including the Boletín Oficial. (The site is available in
Spanish or Portuguese.) MERCOSUR was established by the Treaty of Asunción
(http://www.sice.oas.org/trade/mrcsr/mrcsrtoc.asp) that created a common market
among Argentina, Brazil, Paraguay and Uruguay. Venezuela officially joined in July
2006. MERCOSUR aims for a program of trade liberalization, reductions of customs
tariffs, the elimination of non-tariff barriers and other restrictions to trade. MERCOSUR is
also known as the Common Market of the Southern Cone.
Integrated Database of Trade Disputes for Latin America and the Caribbean
(http://idatd.eclac.cl/controversias/index_en.jsp) provides simultaneous searching of
trade disputes in the WTO, MERCOSUR, NAFTA, CARICOM, Andean Community, and
CACM.
VI. GOVERNANCE
Governance refers to the rules that guide the behavior of corporations, shareholders, and
managers, as well as to governmental regulation that support and enforce those rules.
Corporate governance is concerned with rules of business behavior and strives to move
corporate and economic entities from relationship-based systems to rules-based systems. Good
government and anti-corruption initiatives focus on creating a fair and equitable world economic
order for all players.
Economic and Social Commission for Asia and the Pacific (ESCAP)
(http://www.unescap.org/)
Economic and Social Commission for Western Asia (ESCWA)
(http://www.escwa.un.org/)
The Economic Commission for Europe and the UN Economic has links for standards
and guidelines, electronic business, repositories and codes, and trade facilitation sites.
The World Bank Group includes the IBRD and IDA and the following agencies:
CISG-France (http://Witz.jura.uni-sb.de/CISG/)
Application of the CISG in France includes decisions from the Cour de Cassation, Cour
d'appel and the Tribunaux de première instance.
Pace University School of Law, Pace Law Library & The Institute of International
Commercial Law (http://cisgw3.law.pace.edu/) An extensive site with an annotated
version of the CISG, a search template for caselaw, treaty texts, and scholarly
publications. A great starting point for CISG research. Autonomous Network of CISG
Websites(http://cisgw3.law.pace.edu/network.html) has links to national CISG sites.
A. COMPETITION
APEC Competition Policy and Law Database (http://www.apeccp.org.tw/)
This database is a source for competition laws and policies of APEC members.
Information arranged by category or member country including competition laws,
administrative procedures, decisions of administrative agencies, judicial cases and
cooperative arrangements.
B. ELECTRONIC COMMERCE
Digital Economy (ICC)
(http://www.iccwbo.org/about-icc/policy-commissions/digital-economy/)
The International Chamber of Commerce provides reports, news items, rules, and policy
statements and reports.
Electronic Commerce in the WTO
(http://www.wto.org/english/tratop_e/ecom_e/ecom_e.htm)
Includes working papers and documents discussing electronic commerce issues in the
context of the Uruguay Round Agreements and the WTO.
C. ENVIRONMENT
See also the International Environmental Law Chapter
(http://www.asil.org/sites/default/files/ERG_ENVIROMENT.pdf) of this Electronic
Resource Guide for in-depth coverage of this topic.
D. TAXATION
Web-based Catalogs
The following websites link to web based library catalogs of research, university, law and public
libraries.
WorldCat (http://www.worldcat.org/)
LibDex (http://www.libdex.com/country.html)
Geographic arrangement of web library catalogs from around the world.
Online library catalogs provide a powerful tool for identifying books, periodicals, conference
proceedings and documents issued by private parties, organizations and government agencies.
These publications can be searched using a variety of access points, including title, keyword,
author, or subject. Web-based catalogs enable the researcher to select the access point or field
in which to search. Many of these catalogs also offer a "Guided search" or an "Advanced
search" option that permits the researcher to customize the combination of names, keywords,
phrases, or subjects. This is especially useful when only partial or incomplete information is
known about a publication. Suggestions for optimizing search strategies are described below.
A Title search generally works with exact title. If title searching retrieves "No Records,"
try a keyword search.
A Keyword search is the most flexible approach as terms can be combined to search for
keywords in the title, author, subject or other field. For basic searches, web based online
catalogs enable the researcher to select the field (such as title, author, keyword) in
which they wish to search for particular keywords. A great advantage of web based
catalogs is the ability to build a search query. Many catalogs have a guided or advanced
keyword search option, which provides a template for filling in keywords. Most online
catalogs permit the use of Boolean connectors (and, or, not) with keyword searching.
Check the help screen of your online catalog for search tips. Web based catalogs also
enable the researcher to link to other related entries in the library's collection.
● European Commission
● Organization of American States
● World Intellectual Property Organization
A Subject search requires use of exact Library of Congress Subject Headings. These
subject headings can also be subdivided geographically as indicated below. Some
suggested headings for international economic law include:
An organization's website may have a link for searching that organization's library or
document collection. Several notable examples are below.
B. PERIODICAL LITERATURE
Journal and periodical articles can often be a rich source of information on international
economic law issues, particularly "hot" or current issues. Remember that online library
catalogs search for titles of journals, and periodical indexes search for authors and titles
of individual articles.
Several collections of scholarly articles focusing on the social sciences are accessible
online free. These specialized collections of full-text research include journal articles,
working and accepted papers series. Two of the most prominent are the Social Science
Research Network (SSRN) and the Berkeley Electronic Press (bepress).
HeinOnline (http://home.heinonline.org/)
Subscription service available in many law libraries offers more than 2,000 law
and law-related periodicals, treaties, and international law documents.
IngentaConnect (http://www.ingentaconnect.com/)
Ingenta, formerly UnCover, is a database of current article information taken from
over 15,000 multi-disciplinary journals. Limited searching is free and hits contain
brief descriptive information, some with abstracts. Full-text articles are available
for a fee.
Max Planck Institute for Comparative Public Law and International Law
(http://www.mpil.de/ww/en/pub/news.cfm)
WorldTradeLaw.net (http://www.worldtradelaw.net/)
A portal to international trade law resources. The free portion of the site includes primary
source documents related to international trade law, a full-text search engine for
GATT/WTO decisions, a collection of links, and a discussion forum. The subscriber
portion includes dispute settlement commentaries.
STATISTICS
International
Environmental Law
Anne Burnett
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T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by students,
teachers, practitioners and researchers as a self-guided tour of relevant, quality, up-
to-date online resources covering important areas of international law. The ERG
also serves as a ready-made teaching tool at graduate and undergraduate levels.
The narrative format of the ERG is complemented and augmented by
EISIL (Electronic Information System for International Law), a free online
database that organizes and provides links to, and useful information on, web
resources from the full spectrum of international law. EISIL's subject-organized
format and expert-provided content also enhances its potential as teaching tool.
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I. Introduction
II. Overview
III. General Search Strategies
IV. Primary Sources
V. Secondary Sources
VI. Other Related Sites
VII. Online Discussion Lists
I. INTRODUCTION
This chapter of the ASIL Guide to Electronic Resources for International Law discusses
electronic resources for international environmental law. The types of resources covered
emphasize the Internet but also include CD-ROMs, library catalogs, and on-line
subscription/commercial services. The emphasis here is on English-language sources. Although a
number of primary and secondary sources are discussed below, the rapidly expanding list of
electronic resources in this field precludes any
claim to this being an inclusive guide. With that in mind, search strategies for conducting
research in this area are included in Section III.
II. OVERVIEW OF INTERNATIONAL ENVIRONMENTAL LAW
When attempting to determine the boundaries of international environmental law, no clear
definition can be applied. Like many other branches of international law, international
environmental law is interdisciplinary, intersecting and overlapping with numerous other
areas of research, including economics, political science, ecology, human rights and
navigation/admiralty.
Until the late 1960s, most international agreements aimed at protecting the environment served
narrowly defined utilitarian purposes. Alexandre C. Kiss and Dinah Shelton, Guide to
International Environmental Law (Leiden; Boston: Martinus Nijhoff Publishers, c2007) at p.
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32. Beginning with the 1972 Stockholm Declaration of the United Nations Conference on the
Human Environment (linked from
http://www.unep.org/Documents/Default.asp?DocumentID=97), however, international
agreements came to reflect a desire to limit damages to the environment. These international
agreements paralleled national legislation which increasingly sought to preserve the
environment.
International environmental law encompasses a diverse group of topics, including:
● climate change (United Nations Framework Convention on Climate Change and
the Kyoto Protocol on Global Warming
(http://unfccc.int/essential_background/convention/items/2627.php),
● sustainable development (The Rio Declaration on Environment and
Development http://www.unep.org/documents/default.asp?documentid=78),
● biodiversity (Convention on Biological
Diversity
http://www.biodiv.org/convention/articles.asp,
● transfrontier pollution (Convention on Long-Range Transboundary Air
Pollution http://www.unece.org/env/lrtap/lrtap_h1.html,
● marine pollution (Convention on the Prevention of Marine Pollution by Dumping
of Wastes and Other Matter
http://www.imo.org/OurWork/Environment/SpecialProgrammesAndInitiatives/Pages/Lo
nd on-Convention-and-Protocol.aspx),
● endangered species (Convention on International Trade in Endangered Species
(CITES)) http://www.cites.org/eng/disc/text.php
● hazardous materials and activities (Basel Convention on the Control
of Transboundary Movements of Hazardous Wastes and Their Disposal
http://www.basel.int/text/documents.html)
● cultural preservation (Convention Concerning the Protection of the World Cultural
& Natural Heritage, http://whc.unesco.org/en/conventiontext/),
● desertification (United Nations Convention to Combat
Desertification http://www.unccd.int/), and
● uses of the seas (United Nations Convention on Law of the Sea (UNCLOS)
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http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.htm)
Recommended treatises on international environmental law include:
For general or comparative publications on international environmental law, try the subject
heading
ENVIRONMENTAL LAW--INTERNATIONAL.
More specific subject headings include CLIMATIC CHANGES, MARINE
POLLUTION, NATURAL RESOURCES, RADIOACTIVE POLLUTION OF THE
SEA, SHORE PROTECTION, SUSTAINABLE DEVELOPMENT,
TRANSBOUNDARY POLLUTION, WILDLIFE CONSERVATION.
Tip: For the most flexible search queries, try your library catalog's KEYWORD search function.
In addition to searching your local law library's online catalog, you can search for materials in
other libraries by using WorldCat (http://www.oclc.org/en-US/worldcat.html), a merged
electronic catalog of thousands of libraries worldwide. WorldCat contains over a billion records.
In addition to providing bibliographic information, WorldCat lists the libraries holding the item,
one of which
may be near you or willing to loan the item to you via Interlibrary Loan at your public
● One of the most useful items on the UN site is its free database United
Nations Treaty Collection (http://treaties.un.org), which holds the United Nations
Treaty Series (UNTS), the Multilateral Treaties Deposited with the Secretary-
General and other useful
treaty-related resources. In addition to providing the text of many UN documents, the
UN Web site includes a directory of other UN Web sites, many of which also contain
relevant documents. Links to a number of these sites of interest to the international
environmental law researcher are included below. Use the UN Documentation Centre
(http://www.un.org/en/documents/index.shtml) as a portal to documents from all
principal organs and other UN entities.
● Climate Change Secretariat (http://unfccc.int/secretariat/items/1629.phpt)
Performs secretariat functions as set forth in the United Nations Framework Convention on
Climate Change (http://unfccc.int/essential_background/convention/items/2627.php). The
secretariat's site includes an overview of climate change; documents of the various conferences,
bodies and groups created by the international agreements; national communications; and
technical papers. In addition to the text of the Framework Convention and the Kyoto Protocol,
the site provides access to documentation to related meetings
(http://unfccc.int/meetings/items/6240.php).
• Convention on Biological Diversity Clearing-House Mechanism
(http://www.biodiv.org/chm/)
The Clearing-House Mechanism is a network of parties and partners working together to
facilitate implementation of the United Nations Convention on Biological Diversity (CBD).
The site provides access to official CBD documents, including final reports and decisions of
the Conference of Parties.
● Economic and Social Council (http://www.un.org/esa/coordination/ecosoc/)
The Economic and Social Council's charge under the UN Charter
(http://www.un.org/en/documents/charter/index.shtml) to promote conditions of economic and
social progress and development led to the creation of the United Nations Commission on
Sustainable Development (CSD) (http://www.un.org/esa/dsd/csd/csd_aboucsd.shtml) to
ensure effective follow-up of United Nations Conference on Environment and Development
(UNCED).
• Food and Agriculture Organization (FAO) (http://www.fao.org)
The FAO is a specialized agency within the United Nations system. Founded in 1945, the FAO's
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mandate to raise levels of nutrition and improve agricultural productivity involve the
organization in issues of sustainable development and conservation of natural resources. FAO's
Catalog (http://www.fao.org/icatalog/inter-e.htm) provides bibliographic information on FAO
publications. Items can be searched by title, ISBN or Year. The catalog also provides a browable
list of subjects. The FAOLEX database (http://faolex.fao.org/faolex/index.htm) contains treaties,
national laws and regulations on food, agriculture and renewable natural resources world-wide.
FAOLEX users have direct access to abstracts and some full text materials along with indexing
information about each text.
● International Maritime Organization (IMO) (http://www.imo.org)
The IMO is the UN's specialized agency responsible for improving maritime safety and
preventing pollution from ships. The IMO served as the Secretariat for the International
Convention for the Prevention of Pollution from Ships (MARPOL)
(http://www.imo.org/About/Conventions/ListOfConventions/Pages/International-Convention-
for- the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx) in 1972 and has facilitated
adoption of numerous Annexes to that convention. The IMO site provides status information on
IMO conventions as well as depositary information. The site also includes the text of press
briefings, IMO Circulars, speeches and other documents.
● United Nations Development Programme (UNDP) (http://www.undp.org)
UNDP is the United Nations' global development network, working with countries to find
solutions to development problems. Along with the World Bank (http://worldbank.org) and
UNEP (http://www.unep.org), UNDP is a managing partner in the Global Environment Facility
(http://www.gefweb.org), which funds country efforts to address ozone depletion, global
warming, loss of biodiversity and pollution of international waters. UNDP's Web site includes
human development reports, annual reports, evaluations and other UNDP publications.
● United Nations Environment Programme (UNEP) (http://www.unep.org)
UNEP was established after the 1972 Stockholm Conference on the Human Environment.
Described as the "environmental conscience" of the UN system, UNEP has provided support in
the negotiation, adoption and implementation of several international environmental
agreements. UNEP is a co-sponsor, along with the World Meteorological Association, of the
2007 Nobel Peace Prize winning Intergovernmental Panel on Climate Change
(http://www.ipcc.ch/). The agency generates numerous reports and policy documents, many of
which are available on the Web site. UNEP and The World Conservation Union (IUCN)
(http://www.iucn.org/) have joined in an initiative called ECOLEX (http://www.ecolex.org/),
designed to provide global access to information on environmental law. ECOLEX contains
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information on multilateral treaties, international "soft law" and related documents, instruments
of the European Union, national legislation, judicial decisions, and law and policy literature.
● World Health Organization (WHO) (http://www.who.int)
The WHO is the coordinating authority for health initiatives within the United Nations system.
The WHO proposes conventions, agreements, and regulations regarding health issues and
develops, establishes and promotes international standards concerning foods, pharmaceuticals,
and similar substances. The Web site contains a section on Public Health and Environment
(http://www.who.int/phe/en/), which includes reports and other WHO publications on
environmental health addressing such topics as indoor and outdoor pollution, chemical
safety, children's environmental health, and global environmental change.
● World Meteorological Organization (WMO) (http://www.wmo.ch)
The WMO is the United Nations specialized agency charged with providing leadership in
international cooperation in weather, climate, hydrology, water resources and related
environmental issues. Its policy-making body, the World Meteorological Congress, meets every
four years. The WMO's Secretariat includes publication and distribution of WMO publications
among its duties. The WMO Web site includes WMO statements, long-term plans, and
announcements. The WMO is a co-sponsor, along with the United Nations Environment
Programme, of the 2007 Nobel Peace Prize winning Intergovernmental Panel on Climate Change
(http://www.ipcc.ch/).
B. UN-specific CD-ROM or Web commercial products
● AccessUN (available by subscription from Newsbank
(http://www.readex.com/content/access-un) indexes United Nations documents
including Official Records, masthead documents, draft resolutions, meeting records,
UN Sales Publications, and the UN Treaty Series citations. AccessUN also includes
several thousand full-text UN documents.
2. Other Multinational Organizations
A. The Association of Southeast Asian Nations (ASEAN)
ASEAN formed in 1967 to promote economic cooperation and the welfare of the people in
the region. Although the focus thus far has been on economic cooperation, the member
states have concluded several agreements related to the environment.
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allows searching in a number of fields as well as by browsing. The EU's Environment policy
page (http://ec.europa.eu/environment/index_en.htm) provides access to press releases,
environmental action programs, studies, reports, environment fact sheets, newsletters, speeches,
statistics, a calendar of events, and information about member state implementing legislation.
The Commission’s Directorate General for Climate Action (http://ec.europa.eu/clima/) provides
access more specifically to publications related to climate change.
● Directorate-General for the Environment
(http://ec.europa.eu/dgs/environment/index_en.htm).
This Directorate-General is the body within the European Commission (http://ec.europa.eu/)
responsible for ensuring that Member States comply with EU environmental law. The site
contains a selection of recent Environment Directorate General proposals, fact sheets on air
quality and waste, speeches, numerous newsletters and various other publications. The Web site
also includes information about the EU's Eco-label Programme
(http://ec.europa.eu/environment/ecolabel/index_en.htm), which serves the primary purpose of
stimulating the supply and demand of products with a reduced environmental impact.
● European Environment Agency (EEA) (http://www.eea.europa.eu/)
Created by Council Regulation (EEC) No. 1210/90, the EEA's aims are to provide information
which can be directly used in the implementation of EU environmental policy. Although an
entity of the European Union, the EEA's membership is open to non-Member countries that
share the agency's concerns. Many full-text PDF documents are available, along with summaries
of additional documents. The EEA, in partnership with the European Commission’s Directorate-
General for the Environment, provides the Biodiversity Information System for Europe (BISE)
(http://biodiversity.europa.eu/info), which serves as a single entry point for data and information
on biodiversity in Europe. BISE also serves as the Clearing House Mechanism for the EU within
the context of the United Nations Convention on Biological Diversity
(http://www.cbd.int/convention/articles/default.shtml).
● European Environmental Law Network (http://www.eel.nl)
Based in the Asser Institute’s Centre for International & European Law, this group provides the
text of the major treaties creating the EU, environmental treaties, case law, draft legislation, and
other environmental documents. The individual national pages provide country-by-country
overviews of developments and issues such as government, legislation, policies, agencies,
events, case-law, education, etc, in the field of environmental protection in Europe. EEL also
provides information about current news, upcoming events and job opportunities in
environmental law.
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● European Union Delegation in the United States (http://www.eurunion.org)
This site, which is maintained by the European Commission's Office of Press and Public
Affairs, reflects the EU's presence in the United States and covers developments in the
Transatlantic Action Plan. The site contains numerous full-text documents. The Energy and
Environment page (http://www.euintheus.org/what-we-do/policy-areas/energy-and-
environment/l) provides an overview of EU environmental policy and includes links to relevant
EU pages.
ii. EU CD-ROM, Web & Other Online Commercial Products
● Eurolaw (Ascot, England: SAI Global): includes primary and secondary EU
legislation, case law, COM docs, and links to the Official Journal online. It also
includes national implementing measures and judgments from the European Court
of Human Rights. Available as Web product. SAI Global (http://www.ili.co.uk/en).
● Justis-Celex (London: Context Limited): Provides access to EU law and national
implementing measures. Context Limited (http://www.justis.com/titles/celex.html).
Created under the the North American Agreement for Environmental Cooperation to
address
regional environmental concerns, the CEC works to prevent trade and environmental conflicts
and to promote the enforcement of environmental law. This Web site provides documents from
the CEC's governing body, the CEC Council
(http://www.cec.org/Page.asp?PageID=1226&SiteNodeID=207) as well as related reports,
papers, meeting summaries and other related materials, all available in French, Spanish and
English.
● National Law Center for Inter-American Free Trade (http://www.natlaw.com)
The National Law Center for Inter-American Free Trade is a non-profit research and
educational corporation whose purpose is to facilitate trade and investment in the Western
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Hemisphere. The Center's NatLaw World database (http://www.natlaw.com/natlaw-world),
available by subscription, provides access to trade-related (including environmental) laws,
regulations, case law, and secondary source materials for countries in the Americas. Non-
subscribers can purchase documents for a fee.
ii. NAFTA on Online Commercial Databases
● LEXIS - In NAFTA file, find the North American Free Trade Agreement plus
Supplemental Agreements. NAFTA panel review decisions from April 1995 on are
included in NAFDEC.
● WESTLAW - The NAFTA database includes chapters of the North American
Free Trade Agreement and other documents released by the Office of the United States
Trade Representative; find Binational Panel decisions and related documents in the
NAFTA-BIP database. The NAFTA-Awards database contains arbitration settlement
awards.
F. Organization of American States (OAS)
Under the OAS Charter (http://www.oas.org/dil/treaties_A-
41_Charter_of_the_Organization_of_American_States.htm), economic and social
development of the Americas has long been one of the organization's goals.
i. OAS Web Sites
● Organization of American States (http://www.oas.org)
The official OAS Web site provides the text of Resolutions and Declarations
(http://www.oas.org/juridico/english/resolut.html) and conventions
(http://www.oas.org/juridico/english/treaties.html) and numerous other types of documents
(http://www.oas.org/documents/eng/documents.asp)). The Department of Sustainable
Development and Environment (http://www.oas.org/usde/) is the technical arm of the OAS
General Secretariat responsible for responding to the needs of member states on issues relating to
sustainable development within an economic development context.
3. Miscellaneous Sources for International Environmental Agreements, Declarations,
Statements, and Related Documents
A. Web Sites
● Center for International Earth Science Information Network
(CIESIN) (http://www.ciesin.org)
CIESIN is part of Columbia University's Earth Institute. This Center focuses on applying
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National laws often contribute to the formation of customary international environmental law. In
addition, national laws can indicate acceptance of such custom-based law in the absence of a
treaty or other binding international agreement. However, identifying or confirming the existence
of a particular country's environmental legislation poses quite a challenge. The Internet is fast
becoming a good source for these foreign materials.
1. Internet Sources
ECOLEX (http://www.ecolex.org/index.php)
ECOLEX is maintained by the United Nations Environment Programme and the World
Conservation Union. In addition to providing access to environmental treaties, ECOLEX is a
good source for national environmental legislation and court decisions.
E-Law's Legal & Scientific Resources page (http://www.elaw.org/resources/) provides
access to environmental legislation from around the world.
FAOLEX http://faolex.fao.org/faolex/
FAOLEX, maintained by the Food and Agriculture Association of the United Nations, contains
a large collection of national laws and regulations on food, agriculture and renewable natural
resources. The database includes abstracts and indexing information about each text, as well as
the full text of most legislation contained in the database.
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The GIELR site provides full-text articles for purchase either in print or PDF.
LEAD is a peer-reviewed academic publication based in New Delhi and London and jointly
managed by the School of Law of the School of Oriental and African Studies (SOAS) –
University of London and the International Environmental Law Research Centre (IELRC).
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The site provides access to abstracts and the full text of articles from 2005 to present.
New York University Environmental Law Journal (http://www.nyuelj.org/)
Includes full-text articles, notes and book reviews since 1992 (earlier issues only include selected
full- text articles). Also includes videos and speeches. Indexed by author, subject and issue.
Our Planet (http://www.unep.org/Publications/contents/Our_Planet.asp)
UNEP's magazine on the environment and sustainable development, Our Planet contains full-
text articles since 1996 by leaders of UN organizations, national governments, NGOs, and
experts. Each issue focuses on a specific theme, usually tied to an international conference (e.g,
climate change).
b. Commercial Online Services
BNA International Environment Reporter monitors the pollution control activity in the major
industrial nations, focusing on legislation and the political and social issues affecting
environmental protection programs, multinational and bilateral agreements and treaties,
pollution prevention measures, key meetings, and actions of the United Nations and other
international organizations. Available via subscription on Bloomberg BNA
(http://www.bna.com/) from 2003 to present.
VI. OTHER RELATED SITES
Many of these sites contain links to official versions of primary sources. In addition, they
may contain essays, press releases, directories, and other useful information.
The American Society of International Law (ASIL) (http://www.asil.org)
● ASIL’s current awareness blog International Law In Brief
(http://www.asil.org/blogs/ilib)
provides analytical abstracts of significant documents
reflective of the broad, contemporary nature of international law.
●ASIL Insights Online is also available both on the ASIL Web site
(www.asil.org/insights.htm) and as a free email service (about once a month).
Concise, unbiased essays outline the international law issues behind current events.
● ASIL Interest Group in International Environmental Law
(http://www.asil.org/interest-groups-view.cfm?groupid=20)
The International Environmental Law Interest Group focuses on the role of law in
addressing international environmental issues.
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Center for International Environmental Law (CIEL) (http://www.ciel.org)
CIEL is a public interest, not-for-profit law firm focusing on strengthening and developing
international and comparative environmental law, policy and management. CIEL provides
access to many of its documents, including studies and articles, on this site.
Environmental Law Alliance Worldwide (E-LAW) (http://www.elaw.org)
E-LAW is a world-wide network of public interest attorneys, scientists and other advocates
interested in international and domestic environmental law. The advocates exchange information
concerning international environmental issues, with the aim of building local environmental
law expertise. Most of these exchanges occur through e-mail and electronic conferencing. The
site features environmental law cases from around the world, mostly in English.
She earned a B.A. degree from the University of Nevada, a J.D. degree from the University of
Georgia School of Law, and an M.L.I.S. degree from the University of Texas at Austin. Prior to
returning to the University of Georgia, she was a reference librarian at the University of
Arkansas Law Library, deputy legislative counsel for the Nevada legislature, and a judicial law
clerk in Reno, Nevada. While a law student, she served as Editor-in-Chief of the Georgia
Journal of International & Comparative Law. She is admitted to the state bars of California and
Nevada, and she is a member of the American Association of Law Libraries, the American Bar
Association, and the American Society of International Law.
24
e-RG
Electronic Resource Guide
International Human
Rights Law
Marci Hoffman *
This page was last updated August 28, 2013.
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by students,
teachers, practitioners and researchers as a self-guided tour of relevant, quality,
up-to-date online resources covering important areas of international law. The
ERG also serves as a ready-made teaching tool at graduate and undergraduate
levels.
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I. Introduction
III. Methodology
C. Periodical Indexes
V. Primary Sources
C. Reservations/Declarations
A. Country Reports
B. Periodical Literature
C. Blogs
I. Introduction
This chapter will attempt to provide a guide to the ever-expanding area of international human
rights law. The focus will be on the electronic sources available for this topic, regardless of the
format. This chapter will include general tips for doing research as well as for locating necessary
documents and materials. The scope of this chapter will encompass both primary and secondary
3
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The concepts of humanitarian intervention, self-determination, and providing relief to the wounded
and other victims of armed conflicts can be viewed as the roots of human rights law. Modern
international human rights law dates from World War II and its aftermath. The United Nations
Charter (http://www1.umn.edu/humanrts/instree/aunchart.htm), signed June 26, 1945, sought to
acknowledge the importance of human rights and established it as a matter of international concern.
Article 1(3) (http://www1.umn.edu/humanrts/instree/chapter1.html) specifically states that one of
the purposes of the UN is "[t]o achieve international cooperation in solving international problems
of an economic, social, cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to race, sex,
language, or religion". Articles 55 and 56 (http://www1.umn.edu/humanrts/instree/ chapter9.html)
of the Charter set out the basic human rights obligations of the UN and its member states.
The rights and obligations enumerated in the Charter were codified in the Universal Declaration of
Human Rights (http://www1.umn.edu/humanrts/instree/b1udhr.htm). This was the first
instrument to really articulate the fundamental rights and freedoms of all people. Following the
Declaration, the UN Commission on Human Rights drafted the International Covenant on Civil
and Political Rights (http://www1.umn.edu/humanrts/instree/b3ccpr.htm) and the International
Covenant on Economic, Social and Cultural Rights
(http://www1.umn.edu/humanrts/instree/b2esc.htm). Together, these three documents (with the
Optional Protocols to the International Covenant on Civil and Political Rights) comprise the
International Bill of Human Rights (http://www1.umn.edu/humanrts/instree/auob.htm).
For more information on the history of human rights, see Thomas Buergenthal et al., International
Human Rights in a Nutshell (4th ed., St. Paul, MN: West, 2009)
(http://www.worldcat.org/oclc/457152764). For an online overview of the history of international
human rights law, see Dinah Shelton, An Introduction to the History of International Human
Rights Law (August 2007) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1010489). More
general information on human rights is available through the Encyclopedia of Human Rights
(Oxford, 2009) (http://www.worldcat.org/oclc/252584097). This encyclopedia is also available
online by subscription (http://www.oxford-humanrights.com/). For information on human rights
terminology, see Connie De La Vega, Dictionary of International Human Rights Law (2013)
(http://www.worldcat.org/oclc/856795504).
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When first starting out, researching international human rights law can be a confusing mess of
treaties and documents. The materials (for the most part) are not set out in a coherent, well-
organized fashion. The sources of information range from recognized treaty law to more ephemeral
materials from non-governmental organizations. There are a few things to keep in mind when doing
human rights research: the interdisciplinary nature of the topic; the complexity of the topic and the
materials; and the challenge of locating and accessing materials issued by a variety of organizations.
The researcher needs to be resourceful, creative, and never become daunted by the task. Just when
you are ready to give up is when you might find the needed material.
Human rights law and related commentaries are growing at an amazing rate. Therefore, the best
place to begin any research is by checking to see what is available on your topic. Today, we can
search the catalogs of our own libraries as well as catalogs of libraries from around the country (and
even around the world). WorldCat (http://www.worldcat.org/) allows searching of more than
10,000 library catalogs. Most bibliographic databases and online catalogs use standard Library of
Congress Subject Headings (LCSH). The Library of Congress Classification Outline is available on
the web (http://www.loc.gov/catdir/cpso/lcco/lcco.html). Since the print LCSH volumes are a bit
unwieldy, most catalogs provide keyword searching. Keyword searching allows the user to locate
some items on point and then determine the appropriate subject heading. The following are the
most commonly used subject headings for locating information on human rights.
For general or comparative books on human rights, use the subject headings HUMAN RIGHTS;
CIVIL RIGHTS or CIVIL RIGHTS (INTERNATIONAL LAW). Some books on human rights
cataloged before 1987 may be found under CIVIL RIGHTS.
Add a geographic subdivision to the subject headings above if interested in human rights in a
particular country or region, HUMAN RIGHTS--FRANCE or HUMAN RIGHTS--
INDONESIA--TIMOR.
It is also possible to search by topic or group, ASYLUM, RIGHT OF; WOMENS RIGHTS or
INDIANS OF SOUTH AMERICA--BRAZIL--CIVIL RIGHTS.
Many libraries make their catalogs available via the web. Many of these catalogs can be accessed at
the Library of Congress (http://lcweb.loc.gov/z3950/gateway.html#other), or Libdex: The Library
Index (http://www.libdex.com). These sites offer access to national libraries (including the Library
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of Congress and national libraries of other countries) as well as to other library catalogs. You can also
search the Library of Congress Catalog via the web (http://catalog.loc.gov/).
There are many guides and bibliographies available to direct the human rights researcher. Many of
these guides can be located through bibliographic databases by using the following subject headings:
HUMAN RIGHTS--LEGAL RESEARCH; HUMAN RIGHTS--BIBLIOGRAPHY or HUMAN
RIGHTS--LIBRARY RESOURCES. Periodical indexes are also an excellent source for locating
research guides and bibliographies.
Buhle Angelo Dube, Forced Evictions and Disability Rights in Africa (Ausgust 2013)
(http://www.nyulawglobal.org/globalex/Forced_Evictions_Disability_Rights_Africa1.htm).
Guide to Forced Migration Resources on the Web by Elisa Mason, updated July 2006.
(http://www.forcedmigration.org/webguide/webguide.pdf). Other related research guides are
available on the Forced Migration Online website (http://www.forcedmigration.org/guides/).
Marci Hoffman, Researching International Human Rights Law (revised January 2014)
(http://libguides.law.berkeley.edu/content.php?pid=426416&sid=3487468).
Library of the European Parliament, Getting Started with Human Rights Information Research
(December 2012) (http://libraryeuroparl.wordpress.com/2012/12/12/getting-started-with-human-
rights-information-research/).
Elisa Mason, Update to Guide to Country research for Refugee Status Determination
(http://www.llrx.com/features/rsd2.htm) and Update to Annex: Human Rights, Country and Legal
Information Resources on the Internet (http://www.llrx.com/features/rsd_bib2.htm).
Elisa Mason, Guide to International Refugee Law Resources on the Web (revised March 2009)
(http://www.llrx.com/features/refugee.htm).
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Elisa Mason, Researching Forced Migration: A Guide to Reference and Information Sources
(http://forcedmigrationguide.pbwiki.com/).
Steven C. Perkins, Researching Indigenous Peoples Rights Under International Law (2013)
(http://intelligent-internet.info/law/ipr2.html).
International Women's Human Rights and Humanitarian Law, Women's Human Rights in the
Context of International Law Research. A useful guide from the Bora Laskin law Library, University
of Toronto (http://www.law-lib.utoronto.ca/resguide/women2.htm).
United Nations Documentation: Human Rights by the United Nations Dag Hammarskjöld Library
(http://research.un.org/en/docs/humanrights). There is also a specialized research guide on
International Law (http://research.un.org/en/docs/law).
C. Periodical Indexes
One of the best places to begin research on a human rights topic is with periodical literature. Articles
will provide information about a topic, provide bibliographies and lists of sources, and are often
useful for locating citations and other information about publications and documents.
Current Law Index (Los Altos, CA: Information Access Corp., 1980-): indexes over 800 English
language legal journals from the U.S. and the Commonwealth. Contains a subject heading "human
rights." It is available online as Legal Resource Index (LRI database on WESTLAW Classic and
Next). It is also available as Legaltrac on the Web from Thomson Gale
(http://www.gale.cengage.com/pdf/facts/legal.pdf). Updated monthly. There is some debate as to
whether all versions (paper, online, or the web version) are identical.
Index to Foreign Legal Periodicals: A Subject Index to Selected International and Comparative Law
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Periodicals and Collections of Essays (Chicago: American Association of Law Libraries, 1960-):
covers selected legal periodicals on public and private international, comparative, and domestic law
of countries other than the U.S., the British Isles, and the British Commonwealth. "Human Rights
(International Law)" is the subject heading for articles on human rights. Also available in print, but
the electronic index links to many full-text articles on HeinOnline.
Index to Legal Periodicals (New York: H.W. Wilson, 1929-): covers some journals not covered by
Current Law Index and provides more historical coverage. Available on the Web from EBSCO Host
(http://www.ebscohost.com/academic/index-to-legal-periodicals-and-books). An expanded version of
ILP on the Web contains historical coverage from 1908-1981.
Legal Journals Index: indexes approximately 485 journals from the UK & Europe. Coverage is from
1986 to present. The print versions of this index (Legal Journals Index and European Legal Journals
Index) discontinued in 1999. Legal Journals Index (LJI) is also available on WESTLAW Classic and
Next.
Public Affairs Information Service (PAIS) ( New York, NY: Public Affairs Information Service, 1972-
). Covers economic, political, and social issues on an international and national level. The index
covers over 1600 periodicals and journals, as well as books, directories, reports, and government
documents. The print equivalents are PAIS Bulletin, PAIS Foreign Language Index, and PAIS
International in Print. PAIS is also available on the Web from CSA
(http://www.csa.com/factsheets/pais-set-c.php)
There are several other more general periodical indexes available in both print and on the Web. To
locate other relevant indexes, use the following Library of Congress Subject Headings: LAW--
PERIODICALS--INDEXES or SOCIAL SCIENCES--PERIODICALS--INDEXES.
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V. Primary Sources
International human rights law is treaty based. These treaties are promulgated by international
organizations such as the United Nations and its specialized agencies, the Council of Europe, and
other organizations. Therefore, locating the necessary instruments is usually the first place to begin
research in this area. A good strategy is to begin with the body that promulgated the instrument.
This section will outline the major electronic sources for human rights instruments as well as the
sources that provide information about the issuing body itself.
a. websites
United Nations Office of the High Commissioner for Human Rights (OHCHR)
(http://www.ohchr.org/EN/Pages/WelcomePage.aspx).
This should be the first place to begin research for UN human rights documents and information. It
contains information on the human rights activities of the UN. The most important human rights
instruments are available full-text under the section called International Law
(http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx), but they lack
complete citations and there is no search mechanism for the treaties separate from the rest of the
website. Primary features of this site include: the Human Rights Bodies
(http://www.ohchr.org/EN/HRbodies/Pages/HumanRightsBodies.aspx) section which contains
information about Charter-based Bodies as well as the Treaty-based Bodies. The Charter-based
Bodies include information and documents regarding the Human Rights Council. The Treaties-
based Bodies section of the website provides extensive information on each of the eight human rights
treaty bodies (or committees). To locate documents from these bodies, use the Treaty bodies Search
(http://www2.ohchr.org/english/). Researchers can search this collection by treaty, country, type of
document, and document symbol. The homepage also offers access by human rights issue, by
country, or by professional interest.
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See also the research tool which has just been launched called Universal Human Rights Index of
United Nations Documents (http://www.universalhumanrightsindex.org/). It is designed "to
facilitate access to human rights documents issued by the UN human rights treaty bodies and the
special procedures of the Human Rights Council." Search by country, by rights and by human
rights body. A fairly sophisticated advanced search is also available. This tool has been developed by
the Institute of Public Law of the University of Bern, Switzerland in collaboration with LexUM.
On this site, there is a page for the Human Rights Council. It contains information about the body,
background documents, rules of procedure, and other documents
(http://www2.ohchr.org/english/bodies/hrcouncil/). See the Universal Periodic Review (UPR)
section of the site for information and documents related to the human rights record for each UN
Member State.
United Nations Home Page (http://www.un.org). This page is maintained by the Department of
Public Information. It provides information about the UN (history, list of member states, the UN
Charter, the ICJ Statute, an online tour, and a calendar of conferences and observances),
information about publications and databases and access to UN news and documents. From the UN
homepage, you can link to the Human Rights page for more links and information on human rights
(http://www.un.org/rights/).
There is also a selection of official documents from the Secretary-General, the General Assembly, the
Security Council, and the Economic and Social Council (http://www.un.org/documents/). This site
also offers access to UN-I-QUE (a database offered by the UN Dag Hammarskjold Library designed
to provide quick access to document symbols -- http://lib-unique.un.org/lib/unique.nsf) and a
research guide on UN documentation (http://www.un.org/Depts/dhl/resguide/). See also the catalog
of UN publications and documentation indexed by the United Nations Dag Hammarskjöd Library
and the Library of the UN Office at Geneva, UNBISnet (http://unbisnet.un.org). For more
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information on researching the United Nations, see the UN chapter of this guide
(http://www.asil.org/erg/?page=un).
The United Nations Human Rights Treaties (http://www.bayefsky.com). This site provides access to
documents and information from the UN human rights treaty system. Materials include the text of
treaties, documents from the UN treaty bodies, information on reform of the system, and other
information. Documents issued by the treaty bodies are arranged by state, by category, and by theme
or subject matter. This last category (by theme or subject) is something not available on other
websites.
A website aimed at enabling researchers to locate human rights documents issued by the UN human
rights treaty bodies and the special procedures of the Human Rights Council is called the Universal
Human Rights Index (http://www.universalhumanrightsindex.org/). This website can be searched
or browsed by country, UN human rights body, and right. According to the site, "[e]ach country-
related observation and recommendation of treaty bodies and special procedures is classified –
paragraph by paragraph - by country, by right, by body and by affected persons. The result is called
an annotation." Each annotation has an excerpt from the original document, the right concerned,
the persons affected, and a link to the source document. The documents are also available in several
languages.
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(http://sim.law.uu.nl/SIM/Library/HRinstruments.nsf/(organization)?OpenView).
This is a good collection of primary treaties and instruments from several human rights systems,
including the UN.
b. Subscription Databases
For information about the cost to subscribe to these services, please contact the companies directly.
The links below do not offer access to the databases for searching, rather they provide information
about the services and how to contact the companies.
LEXIS (http://www.lexis.com/). LEXIS offers several libraries and files that contain the full-text of
important United Nations instruments and documents. An advantage of using this service is the
robust searching capabilities. The International Law Library or INTLAW Library consists of many
sources related to international and foreign law. Of importance to the human rights researcher are
the treaties and agreements. ILMTY file contains treaties and agreements from International Legal
Materials from January 1975. International Legal Materials is an excellent source for documents and
information. In addition, U.S. treaties are now available on in the U.S. Treaties file (including
academic subscriptions). Another advantage of LEXIS is the wide range of journals, newspapers,
wire services and other news files. Legislation and case law from other countries is growing as well.
WESTLAW (http://www.westlaw.com/). WESTLAW allows for the same kind of searching that is
available on LEXIS (boolean and "natural language"). It also offers access to International Legal
Materials (ILM database identifier) from 1980 as well as to U.S. Treaties and Other International
Agreements (USTREATIES database identifier) from June 1979. WESTLAW also offers a large
number of newspapers, wire services and journals.
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(http://www.heinonline.org/HeinDocs/UnitedNations2.pdf).
The ILO was established on June 28, 1919 by Part XII of the Treaty of Versailles. Its Constitution
(http://www.ilo.org/ilolex/english/constq.htm) became operative on April 11, 1919. It was
recognized by the UN as a specialized agency in 1946. Among the issues to which the ILO devotes
itself are: hours of work, adequate living wages, protection of the worker, recognition of the principle
of freedom of association, recognition of the principle of equal renumeration for work of equal value.
The ILO has adopted many conventions over the years, several of which relate to the area of human
rights.
a. websites
Employment and Forced Labour contains the full-text of several ILO conventions.
(http://www1.umn.edu/humanrts/instree/auon.htm).
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a. websites
The institution for dealing with refugees has a long history. The first such institution was created in
1921 by the League of Nations. The Office of the High Commissioner for Refugees took over the
duties of the earlier organizations in 1951. The office was mandated under the Convention Relating
to the Status of Refugees, 189 UNTS 150, entered into force April 22, 1954
(http://www1.umn.edu/humanrts/instree/v1crs.htm). Refugees are defined as those who have fled or
are outside their country of origin because of a well-founded fear of being persecuted for reasons of
their race, religion, nationality, membership of a particular social group or political opinion, and
who are unable or unwilling to return.
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a. websites
Refworld "is the leading source of information necessary for taking quality decisions on refugee
status" (see homepage). It contains a collection of reports relating to situations in countries of origin,
policy documents and positions, and documents relating to international and national legal
frameworks (http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain).
The UNHCR website provides access to research, publications, statistics, and more information
about refugees and related issues (http://www.unhcr.org/cgi-bin/texis/vtx/home).
Established in 1949 by a group of western European nations, the Council of Europe's aim was "to
achieve greater unity between its members," safeguarding common principles and heritage, facilitate
their economic and social progress. Article 3 of its Statute
(http://conventions.coe.int/Treaty/en/Treaties/Html/001.htm) provides for the acceptance of
human rights and fundamental freedoms. The Council of Europe promulgated two important
human rights treaties: the European Convention of Human Rights
(http://www1.umn.edu/humanrts/instree/z17euroco.html) and the European Social Charter
(http://www1.umn.edu/humanrts/euro/z31escch.html).
a. websites
Council of Europe (http://www.coe.int/). This site contains information about the COE, its
activities and the treaties of the Council of Europe (http://conventions.coe.int). In addition to
human rights treaties, the site contains treaties related to social matters, bioethics, penal, public and
international law and other subject areas. Of great importance is the signature and ratification
information for each member State. The information is available in French and English.
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European Court of Human Rights (http://www.echr.coe.int). The official website of the court
contains general information on the court, pending cases, judgments and basic texts (such as the
Rules of Court). Languages: English and French. An important feature on the Court's site is
HUDOC (http://hudoc.echr.coe.int/sites/eng/Pages/search.asp).
(http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en), a web-based system for searching the
case-law of the control bodies established under the European Convention on Human Rights.
Languages: English and French.
The OAU was established on May 25, 1963 by the representatives of 23 African nations. Its aims are
to promote African unity, development, eradicate all forms of colonialism, and harmonize economic
and social policies. One of the primary documents related to human rights is the African (Banjul)
Charter on Human and Peoples' Rights (http://www1.umn.edu/humanrts/instree/z1afchar.htm).
The OAU was replaced by the African Union on May 26, 2002. The mandate and scope of the AU
is much more broad than that of the OAU.
a. websites
African Union (http://www.au.int/). This is the official site for the African Union (AU). The site
contains information about the organization, its members, official documents, news, and more. The
Resources section contains links to decisions, OAU/AU treaties, news and more
(http://www.au.int/en/treaties).
African Court on Human and Peoples' Rights (http://www.african-court.org/). Official website for
the Court.
African Human Rights: Case Law Analyser (http://caselaw.ihrda.org/). Provides access to cases from
the African human rights system. Allows for browsing by country or article of the African
convention and searching by number of complaint.
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The OAS is a regional inter-governmental organization and includes all sovereign nations of the
Americas. The branch of the OAS which deals with human rights is commonly referred to as the
Inter-American Human Rights System. It has two primary legal sources: Charter of the OAS
(http://www.oas.org/juridico/english/charter.html) and American Convention on Human Rights
(http://www1.umn.edu/humanrts/oasinstr/zoas3con.htm).
a. websites
Organization of American States (http://www.oas.org/). This is the official homepage of the OAS
and is available in English, Spanish, French and Portuguese. It contains a great deal of information:
about the OAS, its charter, resolutions, annual report of the Secretary General, treaties and
conventions, speeches and statements and press releases. The OAS Documents contains links to
pages containing the full text of resolutions, treaties and conventions, and reports
(http://www.oas.org/documents/eng/documents.asp). The homepage provides a search mechanism
and access to information by specialized areas, such as human rights. This page links to the Inter-
American System, which provides links to the Inter-American Commission on Human Rights and
the Inter-American Court of Human Rights. Available in English, French, Portuguese, and Spanish.
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The Digest consists of excerpts selected primarily from decisions, reports, and resolutions from the
Inter-American Commission and Court. These excerpts are indexed and analyzed according to the
terms of the American Convention on Human Rights and the American Declaration of the Rights
and Duties of Man.
Originally known as the Conference on Security and Cooperation in Europe (CSCE), this
organization became the OSCE in 1994. This is not a strictly European organization since the
United States and Canada are also members. The CSCE was created by the Helsinki Final Act
(http://www1.umn.edu/humanrts/osce/basics/finact75.htm) in 1975. Two principles outlined in the
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Act address human rights. Principle VII states "respect for human rights and fundamental freedoms,
including the freedom of thought, conscience, religion or belief" and principle VIII addresses the
"equal rights and self-determination of peoples."
a. websites
OSCE Homepage (http://www.osce.org). This site contains general information, news, documents,
and information about the OSCE institutions. There is information on the OSCE field activities,
institutions and negotiating bodies. The Documents Library contains documents, journals and
decisions issued by various CSCE/OSCE negotiating bodies during different events and meetings,
which took place between 1973 and present (http://www.osce.org/documents/). The site is available
in various languages: English, French, German, Italian, Russian, and Spanish.
Contains some of the basic documents of the OSCE: the 1973 Final Recommendation, Helsinki
Final Act, as well as the Budapest Document of 1994.
9. Humanitarian Law
There is much debate as to whether humanitarian law is distinct from human rights law. It can be
defined as "the human rights component of the law of war." The principle legal sources are the
Geneva Conventions of 1949 and the two later protocols
(http://www.icrc.org/Web/Eng/siteeng0.nsf/html/genevaconventions).
a. websites
International Committee of the Red Cross (http://www.cicr.org/eng). This is the official ICRC site.
It contains weekly news items, operations by country and a section on international humanitarian
law. The documents here are quite good: basic rules of humanitarian law, the Geneva conventions,
and humanitarian law issues (war at sea, landmines, famine and war, etc.). Of particular interest are
the IHL databases. The first one is a collection of treaties and texts, commentaries on the four
Geneva Conventions and their Additional Protocols, an up-to-date list of signatures, ratifications
relating to IHL treaties and full text of reservations (http://www.icrc.org/eng/resources/ihl-
databases/index.jsp). Another important database is the National Implementation Database
(http://www.cicr.org/ihl-nat). This database contains national laws, regulations, and case law on the
implementation of humanitarian law accessible by State or keyword. The last collection is on
customary international humanitrian law (http://www.icrc.org/customary-ihl/eng/docs/home). The
database is the online version of the print set called Customary International Humanitarian Law
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International Federation of Red Cross and Red Crescent Societies (http://www.ifrc.org/). Current
information on humanitarian issues around the world. Contains links to other Red Cross/Red
Crescent organizations on the Internet. Of more interest is the World Disasters Report and the Code
of Conduct.
For more in-depth information on researching humanitarian law, see the international humanitarian
law chapter of this Guide (http://www.asil.org/ihl1.cfm).
ASIL developed EISIL so that web searchers can easily locate the highest quality primary materials,
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authoritative websites and helpful research guides to international law on the Internet. To this end,
EISIL has been designed as an open database of authenticated primary and other materials across the
breadth of international law, which until now have been scattered in libraries, archives and
specialized websites. Users can access primary materials and websites as well as value added
information, such as legal citations, summaries of documents, entry into force dates, and more. See
the section of EISIL that focuses on International Human Rights
(http://www.eisil.org/index.php?sid=894484002&t=sub_pages&cat=185).
Human rights crosses over into many other areas -- economic law, criminal law, environmental law,
and humanitarian law (to name just a few). See other chapters of this Guide for more information
(http://www.asil.org/erghome.cfm).
Locating the status of an instrument is of primary importance in international human rights law.
The Web has become a primary source for obtaining up-to-date status information. Listed below are
some of the primary websites.
UN, Multilateral Treaties Deposited with the Secretary-General as at ..., UN Doc. ST/LEG/Ser.E/,
UN Sales No. F.95.V.5. This source is available in paper with updates on microfiche. The
electronic version on the web is called United Nations Treaty Collection
(http://treaties.un.org/Pages/Home.aspx?lang=en). The site consists of several components: Status of
Treaties, which contains the detailed status of over 470 multilateral treaties deposited with the
Secretary General; the UN Treaty Series, which consists of over 158,000 treaties registered with the
Secretariat; and the League of Nations Treaty Series. The information can be searched by a title or,
via the advanced search engine, by subject or participant. For each treaty there is a citation, entry
into force and registration dates, status, and signature and ratification information. Often the
reservations are also printed. One of the biggest advantages of using this tool online is that it is more
current than the paper version.
UN High Commissioner for Human Rights (http://www.ohchr.org/english/) For each treaty, there
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is a link to status and ratification information from the UN Treaty Collection website. Declarations
and Reservations are also available. Ratification status information is also available by country and
by treaty (http://www2.ohchr.org/english/).
Many IGOs publish status information on a fairly regular basis or makes the information available
on their websites. Many of the sites mentioned in other sections include sources for status
information:
● Each treaty included on Council of Europe treaties page includes signature and
ratification information (on the same page as the text of the treaty)
(http://conventions.coe.int/Treaty/Commun/ListeTraites.asp?CM=10&CL=ENG).
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● If the U.S. is a party to the agreement, consult other tools such as Treaties in Force
(http://www.state.gov/s/l/treaty/tif/index.htm) and the Treaty Actions section in the U.S.
Department of State website (http://www.state.gov/s/l/treaty/c3428.htm).
For more information on these sources as well as useful phone numbers, see the Treaties Chapter
(http://www.asil.org/erg/?page=treaties) of this Guide.
C. Reservations/Declarations
This information can sometimes be difficult to locate, especially the most current information. If it
is a UN instrument, you are likely to find this information contained in UN documents (see also the
United Nations Chapter of this Guide (http://www.asil.org/erg/?page=un).. Some information is
available through electronic sources.
See also the websites mentioned above under status information for reservations and declarations.
This section contains information from adjudicative bodies, like the European Court of Human
Rights and the Human Rights Committee. Keep in mind that not all of this information is available
in electronic form. Some of the information is still only available in publications from the issuing
body (UN, ILO, etc.) or reprinted in other sources, such as International Legal Materials, Human
Rights Law Journal, International Human Rights Reports, etc.
1. United Nations
To obtain reports of States parties, concluding observations or comments, general comments and
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recommendations, and other basic documents submitted to and issued by the human rights treaty
bodies use the Treaty bodies Search
(http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en). While this
search mechanism allows the researcher to select options from drop-down boxes, there is no way to
do keyword searching.
For more detailed information about the types of documents issued by these bodies, see United
Nations Documentation: Human Rights (http://research.un.org/en/docs/humanrights).
Use the following tools to locate the UN document number and date of the document.
● AccessUN (1945-present) (http://infoweb.newsbank.com) (by subscription only)
● One of the indexes available for locating UN documents by keyword, author, title or
UN symbol. Contains some full-text documents.
● UN-I-QUE: United Nations Info Quest. Good for identifying documents for certain
categories of materials (http://lib-unique.un.org/lib/unique.nsf).
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World Conference Against Racism (http://www.racism.gov.za/) Note that this site is no longer
active, but is being retained for research purposes.
See also International Human Rights Instruments, Compilation of General Comments and General
Recommendations Adopted by Human Rights Bodies (New York: United Nations, 1994-). The
most current version is U.N. Doc. HRI/GEN/1/Rev.9 (Vol. I) and HRI/GEN/1/Rev.9 (Vol. II)
(available in PDF) (http://www2.ohchr.org/english/bodies/hrc/comments.htm).
a. Triblex (a database containing a thematic analysis of the case law of the ILO Administrative
Tribunal) (http://www.ilo.org/dyn/triblex/triblex_browse.home).
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a. European Court of Human Rights (general information, basic texts, access to pending cases and
judgments) (http://www.echr.coe.int/).
b. European Court of Human Rights Portal, HUDOC (a searchable database of the case-law of the
European Convention on Human Rights)
(http://www.echr.coe.int/Pages/home.aspx?p=caselaw/HUDOC&c=).
4. Inter-American System
6. Collections of Decisions
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and Peoples' Rights, the European Court of Human Rights and more.
The Project on International Courts and Tribunals (http://www.pict-pcti.org). Provides the full-text
of selected cases and decisions from various international courts and tribunals, including the
European Court of Human Rights, the Inter-American Court of Human Rights, and the
International Criminal Tribunals for Rwanda and the former Yugoslavia.
7. Other
Global Health and Human Rights Database: A Free Online Database of Health and Human Rights Law
(http://www.globalhealthrights.org/).
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International Criminal Tribunal for the Former Yugoslavia (http://www.icty.org/). See also the
Topical Digest of the Case Law (http://www.hrw.org/node/11277) (Human Rights Watch).
International Criminal Tribunal for Rwanda (http://www.unictr.org/). See also Digest of the Case
Law (http://www.hrw.org/en/reports/2010/01/12/genocide-war-crimes-and-crimes-against-
humanity) (Human Rights Watch).
LEXIS provides access to the European Human Rights Reports from 1960 and ICJ decisions
(subscription only).
WESTLAW provides access to ICJ, ICTY and ICTR cases (subscription only).
World Court Digest. A compendium of the jurisdiction of the International Court of Justice
(http://www.mpil.de/ww/en/pub/research/details/publications/institute/wcd.cfm).
There are many topical collections of jurisprudence from various human rights bodies and
institutions, such as housing rights, reproductive rights, minority rights, economic and social rights,
etc. These collections are available from IGO and NGO websites, books and articles. For example,
see Forced Labour and Human Trafficking: Casebook of Court Decisions (ILO, 2009)
(http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---
declaration/documents/publication/wcms_106143.pdf ). Search by keyword using Google to locate
relevant web collections. See the above sections of this guide for information on locating books and
articles.
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A. Country Reports
An important element in human rights research is documenting the human rights conditions in
various countries. Many of the sites listed below provide current country condition information.
Asylumlaw.org (http://www.asylumlaw.org).
Canadian Immigration and Refugee Board, Research sections contains country of origin research
and national documentation packages (http://www.irb-cisr.gc.ca/en/research/index_e.htm).
Refworld (http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain).
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Resources for Researching Country Conditions (University of Minnesota, Human Rights Library)
(http://www1.umn.edu/humanrts/research/).
University of Minnesota Human Rights, Meta Search Engine for Searching Multiple Human Rights
Sites (http://www1.umn.edu/humanrts/lawform.html).
Newspapers are also an excellent source for human rights conditions in various countries. See
Online Newspapers (http://www.onlinenewspapers.com) which provides links to newspapers from
all over the world.
B. Periodical Literature
As mentioned in above, periodical literature is a very good source for information on a human rights
topic. Some relevant periodicals are available on LEXIS, WESTLAW, and the Internet. There are a
few places on the Internet which provide links to such electronic publications. See the The
University of Minnesota Human Rights Library
(http://www1.umn.edu/humanrts/links/journals.html). While some journals are available full-text
electronically, many more are only available in print. For information on locating periodical
literature, see the Periodical Indexes section above.
C. Blogs
Lists and newsgroups have long been considered valuable tools for the human rights researcher. They
provide a mechanism for communicating with other researchers and activists as well as provide
information on action alerts and documentation. There are some that are dedicated to international
law, such as Opinio Juris (http://www.opiniojuris.org/). Useful blogs include Human Rights First
(http://blog.humanrightsfirst.org/category/blog/) and the blog by human rights scholar William
Schabas called PhD Studies in Human Rights (http://humanrightsdoctorate.blogspot.com/). Other
related blogs include Grotian Moment: The Saddam Hussein Trial Blog
(http://www.law.case.edu/saddamtrial/) and IntLawGrrls
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With so much information on human rights available on the web, this guide only scratches the
surface of what a researcher might need. A new tool for searching over 5000 human rights websites is
HuriSearch, the human rights search engine (http://www.hurisearch.org). The websites listed below
are good places to begin one's research since they link to many other relevant sources.
Amnesty International Online (http://www.amnesty.org/). This is the official Internet site for AI. It
contains the most up-to-date information -- new document summaries, publications from AI
(including the annual country reports), and links to other sites.
Avon Global center for Women and Justice (Cornell Law School)
(http://www.lawschool.cornell.edu/womenandjustice/). Provides access to treaties and agreements,
statues and cases from around the world related to gender-based violence.
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Human Rights & Constitutional Rights (http://www.hrcr.org/). Lots of links to sites and
documents, arranged by country reports, international links, regional links, national links, and
documents.
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create a level playing field on which all human rights organisations can have their sites indexed
knowing fully the indexing and ranking techniques used and knowing that the search engine
operations are overseen by their peers."
University of Minnesota, Human Rights Library, United States Military Medicine in War on Terror
Prisons (http://www1.umn.edu/humanrts/OathBetrayed/index.html). A unique of government
documents pertaining to the roles Armed Forces Medical Personnel who worked in US Armed
Forces prisons in Iraq, Afghanistan, and at Guantanamo Bay from 2001 to 2006.
*
Marci Hoffman is a Lecturer in Residence; Associate Director of the Law Library; and the
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Marci is a member of the American Association of Law Libraries, the International Association of
Law Libraries, and the American Society of International Law.
35
e-RG
Electronic
Resource
Guide
International
Humanitarian Law
Joan Policastri
Sergio D. Stone
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by
students, teachers, practitioners and researchers as a self-guided tour of relevant,
quality, up-to-date online resources covering important areas of international
law. The ERG also serves as a ready-made teaching tool at graduate and
undergraduate levels.
2
I. Introduction
II. Getting Started
III. Historical Sources
IV. Protected Persons (Geneva Law)
V. Conduct of War (Hague Law)
VI. Primary Sources
● Treaties
● Case Law
● Customary Law
● Military Manuals
VII. Leading Institutions
● International Committee of the Red Cross
● United Nations
● International Court of Justice
● International Criminal Court
VIII. Cultural Property
IX. Occupation
X. Military Sites
XI. Secondary Sources
● Treatises
● Bibliographies
● Journals and Yearbooks
XII. Reference and Current Awareness
● Research Guides
● Institutes and IHL Links
● Blogs
XIII. Related Topics
● Environment
● Human Rights and IHL
3
● Refugees
● Children in Armed Conflict
● Mercenaries and Private Military Companies
● Humanitarian Intervention
● Drones, Robots, and Cyberwarfare
I. Introduction
This chapter will cover international humanitarian law (IHL), the binding rules and customs that
govern armed conflict between nations, civil war combatants, and conflicts among states and non-
state belligerents. Traditionally known jus in bello, the law of war, or law of armed conflict, the term
international humanitarian law has gained currency since the early 1960s. The two principal
4
branches of IHL are "Hague Law," involving the regulation of weaponry and the selection of
military targets, and "Geneva Law," covering the treatment of POWs, detainees, civilians, and
humanitarian aid workers. IHL sets limits on the use of force, providing special rules for land, aerial,
and naval warfare. The justification for and legality of commencing hostilities is governed by jus ad
bellum principles, which lie outside the scope of this chapter. IHL addresses both the conduct of
armed forces military and the protection of non-combatants. Although historically restricted to
international conflicts, since the end of World War II, IHL increasingly applies to non-international
conflicts. Nonetheless, the classification of armed conflicts remains important because different rules
apply to international and non-international conflicts. Despite being a discreet subject of public
international law, IHL also intersects with human rights law and international criminal law. As the
nature of warfare and weapons change, IHL will develop stronger ties to human rights law and other
branches of international law.
The broad nature and long history of IHL mean that there are many sources and examples which
cannot be covered by this chapter. Researching IHL involves multiple issues and it is important to
keep in mind that the nature of IHL has changed over time and continues to evolve. This guide
covers the basic materials and concepts, but the researcher is advised to look beyond the basics when
researching IHL. Due to the complex nature of IHL, no one source is likely to provide all the
information needed. For an introduction to IHL see:
International Committee of the Red Cross (ICRC). International Humanitarian Law: Answers to
Your Questions. (http://www.icrc.org/eng/resources/documents/publication/p0703.htm)
II. Getting Started Researching International Humanitarian Law
The primary sources for IHL are international conventions, customary law, judgments of
international tribunals and domestic courts, and state practice. The primary sources constitute
"Hague Law," regarding the conduct of hostilities, and "Geneva Law," which protects the victims of
war. The following websites provide full-text access to the majority of IHL primary documents:
• International Committee of the Red Cross International Humanitarian Law
(http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/ihl?OpenDocument). This is the
single most important online site for IHL research,
• The United Nations websites: Treaty Collection (http://untreaty.un.org/),
• The University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/),
• The Avalon Project at Yale University Law School (http://avalon.law.yale.edu/), and the
Multilateral Treaties Project at the Fletcher School at Tufts University
(http://fletcher.tufts.edu/multilaterals/).
5
International Committee of the Red Cross Library (http://www.icrc.org/eng/resources/library-
research-service/index.jsp)
Online catalog available at (http://www.cid.icrc.org/library/)
For general information on IHL, use the subject heading HUMANITARIAN LAW, as this will
produce the greatest results in most library catalogs. Use the subject headings HUMANITARIAN
LAW, INTERNATIONAL for general or comparative books on IHL. Individual topics in IHL have
their own subject headings which are discussed within the individual sections.
B. Periodical Indexes
For a synopsis of major journal indexes see the Human Rights
(http://www.asil.org/sites/default/files/ERG_HUMRTS.pdf) chapter of this Guide, specifically
the section on periodical indexes for descriptions of Current Law index, Index to Foreign Legal
Periodicals, Index to Legal Periodicals, Peace Palace Library, and Public International Law
Bibliography from the Max Planck Institute.
Electronic Information System for International Law EISIL (http://www.eisil.org/) This online
portal from ASIL includes authenticated international agreements and online resources for
Humanitarian Law under the heading of "Human Rights," and also under the categories of "Use of
Force" and "International Criminal Law."
6
History, Economics, Politics, Diplomacy and Government. It is divided by time period, beginning
with ancients texts and is also searchable by collection. Relevant collections include Laws of War :
Hague and Geneva Conventions Nuremberg War Crimes Trial Papers Relating to the Foreign
Relations of the United States and Peace Conference at the Hague 1899: Correspondence,
Instructions and Reports.
An important site for human rights treaties is the International Law page of the UN High
Commissioner for Human Rights
(http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx). The site
provides full-text treaties, status of treaties, reservations, and declarations. However, the section lacks
complete citations and there is no search mechanism for the treaties separate from the rest of the
website. University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/)
The University of Minnesota Human Rights Library is a vast collection of resources related to
human rights, including IHL. It provides access to many important international IHL treaties and
other instruments. These documents can be accessed by subject matter (Law of Armed Conflict )
(War Crimes and Crimes Against Humanity, Genocide, and Terrorism)
7
publications which provide history and answers to questions regarding IHL. The site also features
the National Implementation Database (http://www.cicr.org/ihl-nat ) of national laws,
regulations, and case law on the implementation of humanitarian law is quite valuable to the
researcher. It is accessible by State or keyword. The site is available in English, French, Spanish, and
Arabic. The ICRC website is the single most authoritative online resource for IHL research.
8
Prior to codification in the 19th Century, sources of IHL included domestic military codes, bilateral
treaties, conflict-specific agreements, and customs and traditions. Sumerians, Hittites, Persians, and
Greeks all had rules or laws concerning various aspects of war, such as treatment of prisoners, use of
poisons, and respect for cultural objects. Religious proscriptions on the conduct and means of war go
back to ancient times. The concept of 'chivalry' which was the basis for much early humanitarian
law was part of the Christian tradition. For a general discussion of religious influences on IHL see
Carolyn Evans. The Double-Edged Sword: Religious Influences on International Humanitarian
Law. (http://www.austlii.edu.au/au/journals/MelbJIL/2005/1.html)
Islam also addressed humanitarian needs, stipulating that women, children and old people should
not be killed; did not allow for the destruction of houses, fields, or livestock. In the twelfth century,
Sultan Saladin ordered equal treatment of wounded on both sides and allowed hospital services to be
provided.
The following link provides more information: principles governing international law from an
Islamic point of view. (http://www.icrc.org/eng/assets/files/other/irrc_858_zuhili.pdf)
A good overview can be found in The Red Cross and Red Crescent's magazine article on
Humanitarian Law and Islam. (http://www.redcross.int/EN/mag/magazine2005_1/24-25.html)
Many of the seminal European texts, in translation and the vernacular, can be found online through
HeinOnline's Legal Classics database (subscription required). Some of the authors and
commentaries on the early works can also be read full-text on Gale's Eighteenth Century Collections
Online and Making of Modern Law Legal Treaties database (subscriptions required). Many of these
texts also appear on Google Books. (http://books.google.com/)
9
personnel, and medical and religious personnel. Since the end of the World War II, IHL has been
greatly influenced by developments in human rights law.
The IRCR links below provide full-text documents, list of articles, commentaries, and state signatory
information.
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field. Geneva, 12 August 1949.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=4825657B0C7E6BF0C12563
CD002D6B0B&action=openDocument)
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea. Geneva, 12 August 1949.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=2F5AA9B07AB61934C12563
CD002D6B25&action=openDocument)
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=77CB9983BE01D004C12563
CD002D6B3E&action=openDocument)
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August
1949.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=AE2D398352C5B028C12563
CD002D6B5C&action=openDocument)
The travaux préparatoires of the 1949 Geneva Conventions have been posted on the catalog of the
International Committee of the Red Cross Library.
(http://www.cid.icrc.org/library/Direct.aspx?searchfield=856u&searchterm=http://www.cid.icr
c.org/library/docs/CDDH%25)
Decolonization struggles and developments in weaponry during the 1960's and 1970's demonstrated
the need to update the original Geneva Conventions of 1949. The 1977 Protocols Additional to the
1949 Geneva Conventions addressed both the issues of the nature of warfare and the protection of
victims. Protocol I addresses issues of international armed conflict, while Protocol II governs non-
10
international (internal) armed conflict. The two Additional Protocols have not been ratified by as
many countries as the original four Geneva Conventions.
Protocol I Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=D9E6B6264D7723C3C1256
3CD002D6CE4&action=openDocument)
Protocol II Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of Non-International Armed Conflicts.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=AA0C5BCBAB5C4A85C1256
3CD002D6D09&action=openDocument)
Protocol III Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption
of an Additional Distinctive Emblem (Protocol III), 8 December 2005.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=8BC1504B556D2F80C12571
0F002F4B28&action=openDocument)
For the US position on Protocol II see A Message from the President of the United States regarding
Protocol II Additional to the 1949 Geneva Conventions, and Relating to the Protection of Victims
of Non-International Armed Conflicts, December 3, 1986.
(http://www.loc.gov/rr/frd/Military_Law/pdf/protocol-II-100-2.pdf)
International Committee of the Red Cross. Interpretive Guidance on the Notion of Direct
Participation in Hostilities under International Humanitarian Law
(http://www.icrc.org/eng/resources/documents/article/review/review-872-p991.htm)
Claude Pilloud, Yves Sandoz et. al. Commentary on the Additional Protocols. International
Committee of the Red Cross. Martinus Nijhoff, 1987.
(https://www.icrc.org/eng/resources/documents/publication/p0421.htm)
11
Examples of international criminal tribunals that have applied the Geneva Conventions in their
judgments:
ICTY, the Prosecutor v. Tadic (http://www.worldlii.org/int/cases/ICTY/1997/2.html).
ICTR, The Prosecutor v. Jean-Paul Akayesu (http://www.unictr.org/en/cases/ictr-96-4)
There are many issues related to the Geneva Conventions and the Additional Protocols which the
researcher may be interested in investigating. Some of the major topics are:
1. Neutrality
While today there is some debate as to the ability of any state to be neutral, the concept of the
Neutral State, and the Law of Neutrality have a long history. ICRC. Law of Armed Conflict:
Neutrality: (http://lawofwar.org/Neutrality.htm)
The concept of neutral powers is addressed in the first Geneva Convention in Art. 37 regarding the
flights of medical transports. Medical and religious personnel are still accepted as protected neutral
parties. See also, International Law of War Association, Chapter 9, Neutrality,
(http://lawofwar.org/Neutrality.htm)
2. Command Responsibility
Command responsibility has been an issue since the Nuremberg and Tokyo International Military
Tribunals. The Additional Protocols state that the commanding officer must ensure that his
subordinates are aware of their duties and rights under international law, that they are obliged to
prevent, and where necessary, to suppress or to report to competent authorities, any breaches of
international law (Art. 87 API). The support of a legal advisor is also required (Art. 82 API). Arts.
86(2) and 87(3) of Protocol I address participation in war crimes. See also Rome Statute of the ICC
(http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm) Article 28 Responsibility of
commanders and other superiors.
4. War Crimes / Grave Breaches of IHL- Various articles in the four Geneva Conventions and Arts.
11(4), 85 and 86 of Protocol I,
(http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions) address the issue of grave
breaches of IHL. Cases of note in this area are: Prosecutor v. Tadic (Final Judgment), ICTY (1997)
(http://www.worldlii.org/int/cases/ICTY/1997/2.html) and Prosecutor v. Blaskic (1994)
(http://www.icty.org/x/cases/blaskic/acjug/en/bla-aj040729e.pdf).
12
5. Crimes Against Humanity This is a twentieth century concept that evolved from the Charter of
the International Military Tribunal of 8 August 1945 and whose legal definition is found in the
Statute of the International Criminal Court, Part 2, Art. 7
(http://untreaty.un.org/cod/icc/statute/romefra.htm).
Cases of note in this area are: Prosecutor v. Tadic (Final Judgment), ICTY (1997)
(http://www.icty.org/x/file/Legal%20Library/jud_supplement/supp28-e/tadic.htm) and
Prosecutor v. Akayesu, ICTR (1998),
(http://www.unictr.org/tabid/128/Default.aspx?id=18&mnid=4).
6. Civilians v. Combatants
The definition of the civilian population is found in, Art. 50, Protocol I,
(http://www.icrc.org/ihl.nsf/WebART/470-750064?OpenDocument).
Navi Pillay, Open Debate on Protection of Civilians in Armed Conflict, United Nations Security
Council, July , 2010.
(http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=10197&LangID=e)
Human Rights in Palestine and Other Occupied Arab Territories: Report of the United Nations
Fact Finding Mission on the Gaza Conflict. A/HRC/12/48. September 15, 2009.
Richard Goldstone’s report investigates Israel’s blockade of Gaza, IDF military operations, and
targeting of civilians by Palestinian armed groups during Israel’s Operation Cast Lead (December
2008 - January 2009). Richard Goldstone. Report of the United Nations Fact Finding Mission on
the Gaza Conflict, Human Rights Council. A/64/490. October 29, 2009.
(http://www.un.org/ga/search/view_doc.asp?symbol=A/64/490).
Richard Baxter. So Called 'Unprivileged Belligerency', Spies, Guerrillas and Saboteurs. 28 Brit. Y.B.
Int'l L. 323 (1951).
13
Bin Haji Mohamed Ali and Another v. Public Prosecutor, Judicial Committee of the Privy Council
(U.K.), 29 July 1968, (http://www.icrc.org/ihl-
nat.nsf/46707c419d6bdfa24125673e00508145/383128666c8ab799c1256a1e00366ad3!Open
Document).
1959, Judge Advocate General, U.S. Army. A Treatise on the Juridical Basis of the Distinction
Between Lawful Combatant and Unprivileged Belligerent.
(http://www.loc.gov/rr/frd/Military_Law/pdf/treatise.pdf)
Targeting Versus Deprivation of Liberty Under the International Law of Armed Conflict. Ramin
Mahnad. ASIL Insights, Nov. 1, 2011.
(http://www.asil.org/insights/volume/15/issue/28/targeting-versus-deprivation-liberty-under-
international-law-armed)
Other sites:
Bruce Oswald and Thomas Winkler, Copenhagen Process Principles and Guidelines on the
Handling of Detainees in International Military Operations, ASIL Insights, December 2012.
(http://www.asil.org/insights/volume/16/issue/39/copenhagen-process-principles-and-
guidelines-handling-detainees)
United States Military Medicine in War on Terror Prisons. University of Minnesota Human Rights
Library. (http://www1.umn.edu/humanrts/OathBetrayed/index.html)
24 April 1863 - Instructions for the Government of the Armies of the United States in the Field,
known as the Lieber Code. Written by Francis Lieber during the American Civil War, the Lieber
Code was the first set of written field instructions. It covers many of the issues later covered by the
Hague Conventions, addressing issues such as which enemies should/could be attacked, and stating
that unarmed civilians and their property are to be respected, and prisoners and wounded are to be
treated humanely. (https://www.icrc.org/ihl/INTRO/110)
29 November - 11 December 1868 Declaration Renouncing the use, in Time of War, of Explosive
Projectiles under 400 Grammes Weight (The St. Petersburg Declaration). The St. Petersburg
Declaration of 1868, (https://www.icrc.org/ihl/INTRO/130?OpenDocument) codified the
prohibition of the use of weapons which cause unnecessary suffering.
The 29 July 1899 Convention banned the use of certain weapons and techniques of war. It also set
up the Permanent Court of Arbitration (PCA). Hague II Laws and Customs of War on Land : 29
July 1899 (http://avalon.law.yale.edu/19th_century/hague02.asp)
20th Century
Many of the Hague law treaties were drafted over a century ago during the Hague Conferences of
1899 and 1907, yet they are still frequently cited. Among the Hague Conference conventions still
referenced today are the following:
Hague II - Limitation of Employment of Force for Recovery of Contract Debts : October 18,
1907
Hague IV - Laws and Customs of War on Land : 18 October 1907
Hague V - Rights and Duties of Neutral Powers and Persons in Case of War on Land : 18
October 1907
Hague VIII - Laying of Automatic Submarine Contact Mines : 18 October 1907
15
Hague IX - Bombardment by Naval Forces in Time of War : 18 October 1907
The Martens Clause. The Hague II Convention of 1899 included a clause, known as the Martens
Clause, that still plays an important role in IHL today. It reads: "Until a more complete code of the
laws of war is issued, the High Contracting Parties think it right to declare that in cases not included
in the Regulations adopted by them, populations and belligerents remain under the protection and
empire of the principles of international law, as they result from the usages established between
civilized nations, from the laws of humanity and the requirements of the public conscience."
The clause has since appeared in modified form in the 1907 Hague IV, in the Additional Protocol I
to the Geneva Conventions of 1949, and was used by the International Court of Justice (ICJ) in the
advisory opinion, Legality of the Threat or Use of Nuclear Weapons (8 July 1996). This clause is and
has been the subject of debate regarding its meaning and application. The Martens Clause is used to
address issues not directly addressed in existing treaties.
Rupert Ticehurst. The Martens Clause and the Laws of Armed Conflict. International Review of the
Red Cross No. 317, April 30, 1997.
(http://www.icrc.org/eng/resources/documents/article/other/57jnhy.htm)
16
Convention on Cluster Munitions, 2008 ( http://www.stopclustermunitions.org/).Travaux
préparatoires of the convention is available at: Dublin Diplomatic Conference on Cluster Munitions
(http://www.clusterconvention.org/documents-and-resources/documents-from-the-process-on-
cluster-munitions/dublin-diplomatic-conference/). The Convention on Cluster Munitions
entered into force Aug. 1, 2010.
See Priya Pillai. Adoption of the Convention on Cluster Munitions. ASIL Insight, Oct. 1, 2008.
(http://www.asil.org/insights081001.cfm)
The Chemical Weapons Convention After Ten Years: Successes and Future Challenges. David
Fidler. ASIL Insights, April 27, 2007.
(http://www.asil.org/insights/volume/11/issue/12/chemical-weapons-convention-after-ten-
years-successes-and-future)
Nuclear Weapons
Some useful sites for Nuclear Weapons research include: The United Nations Office for
Disarmament Affairs (http://www.un.org/disarmament/WMD/Nuclear/NPT.shtml) and the
Arms Control Association, (http://www.armscontrol.org/treaties).
See also, 1963 Limited Test Ban Treaty (http://www.state.gov/r/pa/ho/time/ea/104271.htm) and
Nuclear Non-Proliferation Treaty, 2005. (http://www.un.org/events/npt2005/npttreaty.html)
Regarding New Weapons see Art. 36, Additional Protocol I.
(http://www.icrc.org/Web/eng/siteeng0.nsf/html/5PXET2)
International Atomic Energy Agency. (http://www.iaea.org/)
The Treaty on the Non-Proliferation of Nuclear Weapons: Taking Stock after the May 2008
Preparatory Committee Meeting. ASIL Insights. Lisa Tabassi and Jacqueline Leahey. June 30, 2008.
(http://www.asil.org/insights/volume/12/issue/14/treaty-non-proliferation-nuclear-weapons-
taking-stock-after-may-2008)
Secondary Resources
Laura A. Dickinson, Military Lawyers on the Battlefield: An Empirical Account of International Law
Compliance. 104 American Journal of American Law 1 (2010)
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1628658)
17
ICRC. Weapons and International Humanitarian Law
(http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_ihl_weapons?OpenDocument)
Alan Vick, Aerospace Operations in Urban Environments: Exploring New Concepts. Arlington, VA:
RAND, 2000. (http://www.rand.org/pubs/monograph_reports/MR1187/)
A. Treaties
The ICRC 's Treaty Database (1865 - current) (http://www.icrc.org/ihl) provides full-text of IHL
agreements searchable by date. The ICRC website offers a variety of access points for treaty research
by country (https://www.icrc.org/applic/ihl/ihl.nsf/vwTreatiesByCountry.xsp), by date
(https://www.icrc.org/applic/ihl/ihl.nsf/vwTreatiesByDate.xsp) and by topic
(https://www.icrc.org/applic/ihl/ihl.nsf/vwTreatiesByTopics.xsp). Topics include prosecution of
war crimes, cultural property, methods of warfare, naval and air warfare, victims of armed conflict
and miscellaneous.
In addition to full-text of documents, the ICRC Treaty database includes state parties, dates of
signature and ratification, declarations and reservations, and commentaries. The introductory
materials to each treaty list the institution responsible for drafting the agreement, indicate whether it
is still in force, provide the date of entry into force, and cite to a print source for the document.
ICRC Treaty Database does not provide citations for the treaties. The Geneva Conventions and
their Additional Protocols have their own page:
(http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions)
Electronic Information System for International Law (EISIL). This ASIL Web portal provides
authenticated, full-text access to treaties arranged by subject matter, and also provides descriptions of
the agreements. (http://www.eisil.org/index.php?cat=705&t=sub_pages)
EISIL - Use of Force Category
(http://www.eisil.org/index.php?sid=894839248&t=sub_pages&cat=23)
18
ESIL - Law of Armed Conflict
(http://www.eisil.org/index.php?sid=141902395&cat=75&t=sub_pages)
The United Nations Treaty Series, (http://treaties.un.org,) is available free online and in print. It is
also available through HeinOnline (subscription required).
The Avalon Project: Documents in Law, History, and Diplomacy Yale University Law School
(http://avalon.law.yale.edu/) See specifically, Avalon Laws of War (1856 - 1975)
(http://avalon.law.yale.edu/subject_menus/lawwar.asp). Full-text of selected treaties. No
citations, entry into force or state party information. The Avalon Project provides access to
documents in the fields of Law, History, Economics, Politics, Diplomacy and Government. It is
divided by time period, beginning with ancients texts and is also searchable by Collection. Relevant
collections include Laws of War : Hague and Geneva Conventions Nuremberg War Crimes Trial
Papers Relating to the Foreign Relations of the United States and Peace Conference at the
Hague 1899 : Correspondence, Instructions and Reports. The site is easily searched. In addition
to primary documents, the site also contains documents referred to in the body of texts or ones that
are considered by the editors to be a supporting document.
19
Core Human Rights Instruments
United Nations Office of the High Commissioner for Human Rights
(http://www2.ohchr.org/english/law/index.htm#instruments)
Researching international humanitarian law involves looking at recently concluded treaties as well as
agreements signed over a century ago, and useful information about IHL, both historical and
current, can also be found on the websites of non-governmental organizations.
B. Case Law
International courts, ad hoc tribunals and commissions, and domestic courts all enforce and
interpret IHL. The International Court of Justice has addressed IHL in a few of its judgments. After
the end of the Cold War, various ad hoc tribunals, most notably the International Criminal
Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda
(ICTR), have tried individuals for violations of IHL. Judgments of the International Court of Justice
are available on its website (http://www.icj-cij.org/) and on WESTLAW and LEXIS.
20
International Criminal Tribunal for the Former Yugoslavia, (http://www.un.org/icty/), also
available on WESTLAW (INT-ICTY).
21
ICRC National Implementation Database. (http://www.icrc.org/ihl-nat) Includes legislation and
case law organized by country. Also searchable by keyword. Provides citations and summaries, with
some full-text materials.
For application of IHL in national courts, see Oxford University Press. Oxford Reports on
International Law, International Law in Domestic Courts database.
(http://www.oxfordlawreports.com/About) (subscription required). An online subscription
database, which includes modules on International Courts of General Jurisdiction, International Law
in Domestic Courts (http://www.oup.com/online/ildc/), International Criminal Law, and
International Human Rights Law.
For coverage of detainee cases involving the US visit Prof. Bobby Chesney's National Security Law
blog (http://jnslp.wordpress.com/).
Nuremberg Trials and Their Legacy. United States Memorial Holocaust Museum.
(http://www.ushmm.org/information/exhibitions/online-features/special-focus/nuremberg-
trials-legacy)
22
Nuremberg Trials Project. Harvard Law School Library.
(http://nuremberg.law.harvard.edu/php/docs_swi.php?DI=1&text=overview)
London Agreement for the Prosecution and Punishment of the Major War Criminals of the
European Axis and Charter of the International Military Tribunal, 8 August 1945.
(https://www.icrc.org/ihl/INTRO/350?OpenDocument)
International Military Tribunal for the Far East. Tokyo Tribunal Charter.
(http://www.iccwomen.org/wigjdraft1/Archives/oldWCGJ/tokyo/charter.htm)
The International Military Tribunal for the Far East, From TRIAL. (http://www.trial-
ch.org/index.php?id=899&L=5)
Amy Burchfield, International Criminal Courts for the Former Yugoslavia, Rwanda and Sierra
Leone: A Guide to Online and Print Resources, GlobaLex, August, 2014.
(http://www.nyulawglobal.org/Globalex/International_Criminal_Courts1.htm)
Marko Milanovic, ICC Prosecutor Charges the President of Sudan with Genocide, Crimes Against
Humanity and War Crimes in Darfur. ASIL Insights. July 28, 2008.
(http://www.asil.org/insights/volume/12/issue/15/icc-prosecutor-charges-president-sudan-
genocide-crimes-against-humanity)
C. Customary Law
Developments in customary law play an important part in the evolving and expanding reach of IHL.
Section 102(2) of the Restatement of the Law, Third, Foreign Relations Law of the United States
describes it as follows: "Customary international law results from a general and consistent practice of
states followed by them from a sense of legal obligation." (American Law Institute, 1987).
IHL recognizes a number of jus cogens norms, also known as peremptory norms. Jus cogens is defined
as principles of international law so fundamental that no nation may ignore them or attempt to
23
contract out of them through treaties. For example, genocide, torture, and participating in a slave
trade are generally recognized as jus cogens norms. For information on contemporary developments
see Juscogens.Net. Security Council Compendium No. 20. (http://juscogens.typepad.com/)
Determining which norms have attained peremptory norm status - can be problematic. Evidence for
jus cogens is generally derived from the preponderance of states which have signed treaties, state
practice, and the writing of distinguished jurists.
For an example of how jus cogens is applied see International Law Commission Report, A/56/10
August 2001 - Draft Articles on Responsibility of State for internationally wrongful acts...Chapter
III - Serious breaches of obligations under peremptory norms of general international law.
The most authoritative and wide-ranging compilation of customary IHL is Jean-Marie Henckaerts’
and Louise Doswald-Beck’s, Customary International Humanitarian Law (Cambridge University
Press, 2005), Vol. 1, Rules and Vol 2, Practice. (http://www.icrc.org/customary-
ihl/eng/docs/home) This is the online version of the Study on Customary International
Humanitarian Law, conducted by the International Committee of the Red Cross (ICRC) and
published by Cambridge University Press in 2005. It is divided in two parts:
Part 1. Rules. Offers a comprehensive analysis of the customary rules of international humanitarian
law identified by the Study and considered to be applicable in international and non-international
armed conflicts. Nevertheless, the Study does not purport to offer an exhaustive assessment of all
customary rules in this field.
Part 2. Practice. Contains the underlying practice. For each aspect of international humanitarian law
covered, it provides a summary of relevant state practice including military manuals, legislation, case-
law and official statements, as well as practice of international organizations, conferences and judicial
and quasi-judicial bodies.
Part I of the database will be updated on a regular basis by the ICRC. To date, Part 2, Practice, has
been updated with practice from the United Nations and international and mixed judicial and quasi-
judicial bodies up until the end of 2007. Subsequent updates will include material from national
sources of practice.
Also see, Study of Customary International Humanitarian Law sponsored by the ICRC.
(http://www.icrc.org/eng/customary-law)
List of Customary Rules of International Humanitarian Law - Annex to J.- M. Henckaerts, Study on
customary international humanitarian law.
(http://www.icrc.org/Web/Eng/siteeng0.nsf/html/customary-law-rules-291008)
24
United Nations Law Commission, (http://www.un.org/law/ilc/) The purpose of International Law
Commission is to develop and codify customary international law.
For a general overview of the rules of Customary International Humanitarian Law (CIHL).
(http://www.cambridge.org/uk/law/cihl/overview.htm).
Office of the Legal Advisor of the U.S. Department of State, Digest of the United States Practice in
International Law. (http://www.state.gov/s/l/c8183.htm) Excellent source of state practice and
opinio juris of the US. See chapters on human rights, arms control and use of force.
Subject Guides
Columbia Law School Library, Researching Customary International Law, State Practice and the
Pronouncements of States regarding International Law.
(http://www.nyulawglobal.org/globalex/Customary_International_Law.htm)
D. Military Manuals
Military field manuals provide evidence of state practice and the implementation of IHL by the
armed forces of individual states. By providing written instructions to military personnel, the
manuals govern the conduct of hostilities and the treatment of injured and detained combatants.
Jean-Marie Henckaerts and Louise Doswald-Beck's Customary International Humanitarian Law
(Cambridge University Press, 2005) contains citations to field manuals from a wide number of
countries.) Full-text available online. (http://www.icrc.org/customary-ihl/eng/docs/home)
1. US Military Manuals
United States Department of the Army Field Manual 27-10, The Law of Land Warfare (July 1956).
( http://www.globalsecurity.org/military/library/policy/army/fm/27-10/) covers treatment of
POWs, means of warfare, occupation, and treatment of civilians.
United States, Basic Field Manual, Volume VII - Military Law, Part Two, 1934.
(http://www.loc.gov/rr/frd/Military_Law/pdf/rules_warfare-1934.pdf)
25
United States Marine Corps, War Crimes. Reference Publication 4.11.8B, 2005.
(https://www.fas.org/irp/doddir/usmc/mcrp4-11-8b.pdf) Provides specific examples of actions
taken by members of military organizations that have been considered violations of the Law of War.
Today, the National Red Cross and Red Crescent Societies promote the implementation of IHL in
specific countries and conflicts. Their actions span a range of issues from discussing adherence to
26
IHL with national governments to being legal advisers for the training of armed forces and other
necessary personnel. Statutes of the Red Cross and Red Crescent Movement .
(http://www.icrc.org/eng/resources/documents/misc/statutes-movement-220506.htm)
For an overview of the ICRC and a discussion of its role as promoter and guardian of IHL, see
(http://www.icrc.org/ihl)
International Federation of the Red Cross and the Red Crescent Societies Code of Conduct.
(http://www.icrc.org/eng/resources/documents/publication/p1067.htm)
The United Nations (http://www.un.org/) plays a significant role in IHL development. Because the
UN site is vast and the symbols used can be confusing, this is not always an easy site to search. For a
good introduction to the United Nations see ASIL's research guide on the United Nations
(http://www.asil.org/sites/default/files/ERG_UN.pdf). Also useful is Selected U.N. Resources &
Research Tools: Overview and Search Tips for Legal Research (September/October 2007)
.(http://www.nyulawglobal.org/globalex/UN_Resources_Research_Tools.pdf)
28
C. International Court of Justice (ICJ)
Successor to the Permanent Court of International Justice (PCIJ), the ICJ sits at the Peace Palace in
the Hague. (http://www.icj-cij.org/homepage/index.php?lang=en) The ICJ is the principle
judicial organ of the United Nations and was established by the UN Charter. The ICJ settles legal
disputes submitted to it by States and gives advisory opinions when requested by authorized UN
organs and special agencies in accordance with international law. ICJ website and HeinOnline
(subscription required) include decisions from the Permanent Court of International Justice (1922-
1940). ICJ decisions are also available on WESTLAW (INT-ICJ) and LexisNexis (ALLICJ).
ICJ Cases that address issues of IHL: Legality or Threat of Use of Nuclear Weapons or Nicaragua v.
United States (Military and Paramilitary Activities in and against Nicaragua) (http://www.icj-
cij.org/docket/index.php?p1=3)
Cultural objects protected by Protocol I, Art. 53 include cultural institutions, schools, and places of
worship. (see the 1977 Protocols I and II additional to the 1949 Geneva conventions for the
protection of war victims)
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the
Event of Armed Conflict, 26 May 1999 (https://www.icrc.org/applic/ihl/ihl.nsf/INTRO/590)
(http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_cultural_property)
29
Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments 15 April
1935. (Roerich Pact) (http://www1.umn.edu/humanrts//instree/1935a.htm)
Convention Concerning the Protection of the World Cultural and Natural Heritage, 16 November
1972. (http://whc.unesco.org/en/conventiontext/)
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property, 14 November 1970. (http://portal.unesco.org/en/ev.php-
URL_ID=13039&URL_DO=DO_TOPIC&URL_SECTION=201.html)
IX. Occupation
The occupation of territory by armed forces is covered by Articles 42-56 of the 1907 Hague
Regulations, common Articles 2, 27-34 & 47-78 of the fourth Geneva Conventions of 1949, as well
as in certain provisions of Additional Protocol I and customary international humanitarian law.
Military manuals and judgments of international and domestic courts also define the rights and
obligations of occupying powers. Agreements concluded between the occupying power and the local
authorities cannot deprive the population of occupied territory of the protection afforded by
international humanitarian law (GC IV, art. 47) and protected persons themselves can in no
circumstances renounce their rights (GC IV, art. 8).
International Committee of the Red Cross, Occupation and Other Forms of Administration of
Foreign Territory: expert meeting, November 6, 2012.
(http://www.icrc.org/eng/assets/files/publications/icrc-002-4094.pdf)
Report from the ICRC Legal Division, edited by Tristan Ferraro.
X. Military Sites
Compliance with IHL relies on the practice of state militaries. Evidence of such practice can be
found on military websites and in military manuals. In the United States, members of the Judge
Advocate General's Corps (JAG) advise military commanders of their rights and responsibilities
under IHL. JAG officers assist with decisions on target selection, weaponeering, and interrogation
techniques.
See also this chapter's section on Military Field Manuals (Primary Sources, Part D)
30
A. United States Military Information
Air War College Military Law and Legal Links. (http://www.au.af.mil/au/awc/awcgate/awc-
law.htm)
International Law Studies from the US Naval War College. Available online through
HeinOnline (subscription required)
Joint Chiefs of Staff, Detainee Operations, Joint Publications 3-63. May 30, 2008.
(http://www.dtic.mil/doctrine/new_pubs/jp3_63.pdf)
Rule of Law Handbook: A Practitioner's Guide for Judge Advocates. Judge Advocate General
Charlottesville, VA, 2008. (http://www.loc.gov/rr/frd/Military_Law/pdf/rule-of-law_2011.pdf)
31
B. Foreign Military Web Sites
Swiss Military Penal Code, Federal Law of 13 June 1927 (as of June 1, 2004)
(http://www.admin.ch/ch/d/sr/c321_0.html)
Cherif M. Bassiouni, A Manual on International Humanitarian Law and Arms Control. Martinus
Nijhoff Publishers, Leiden, 2000.
(http://www.worldcat.org/oclc/44750674&referer=brief_results)
Geoffrey S. Corn , Victor Hansen , M. Christopher Jenks , Richard Jackson , Eric Talbot Jensen &
James A. Schoettler, The Law of Armed Conflict: An Operational Approach. Wolters Kluwer Law &
Business, 2012. (http://www.worldcat.org/oclc/779607396)
Yoram Dinstein, The Conduct of Hostilities Under the Law of International Armed Conflict, 2nd
Edition. Cambridge University Press, 2010.
(http://www.worldcat.org/oclc/495475458&referer=brief_results)
Frits Kalshoven and Liesbeth Zegvold, Constraints on the Waging of War: An Introduction to
International Humanitarian Law 4th ed. Cambridge University Press, 2011.
(http://www.worldcat.org/oclc/707477853?referer=di&ht=edition)
32
Marco Sassòli, Antoine Bouvier and Anne Quintin, How Does Law Protect in War? Cases,
Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law
3rd ed. ICRC, 2011.
(http://www.icrc.org/eng/resources/documents/publication/p0739.htm)
Excellent resource for case law and documents. Also, may be used as a textbook.
Gary D. Solis, The Law of Armed Conflict: International Humanitarian Law in War. Cambridge
University Press, 2010. (http://www.worldcat.org/oclc/423389334&referer=brief_results).
One of the leading textbooks used in law of armed conflict and IHL courses.
B. Bibliographies
Peace Palace Library (The Hague), Bibliography on International Humanitarian Law, Peace Palace
Library. (http://www.peacepalacelibrary.nl/research-guides/war-and-peace/international-
humanitarian-law/) Organized by topic and continuously updated. Includes treatises, journal
articles and online resources.
Max Plank Institute for Comparative Public Law and International Law, Bibliography of Public
International Law.
(http://www.mpil.de/ww/en/pub/library/catalogues_databases/doc_of_articles/pil.cfm)
IHL related articles from U.S. and foreign law journals are listed under the classification heading
VR32 War, Armed Conflict, Neutrality.
U.S. Naval War College, International Law Department Information Paper Series.
(http://www.usnwc.edu/Research---Gaming/International-Law/Recent-
Publications/Information-Paper-Series.aspx) Short artilces on emerging issues in IHL.
33
Hague Academy Collected Courses on International Law (Recueil des cours) Index. Peace Palace
Library. Searchable by author or keyword. (http://www.peacepalacelibrary.nl/collection/e-
resources/recueil-des-cours/)
Israel Defense Force Law Review. Available through HeinOnline. (subscription required)
(http://heinonline.org)
Military Law Review. Published by the Judge Advocate General's Legal Center& School.
(http://www.loc.gov/rr/frd/Military_Law/Military-Law-Review-home.html)
Social Science Research Network (http://www.ssrn.com) hosts numerous articles on all aspects of
IHL.
The Military Law and Law of War Review. (http://www.mllwr.org/) Published by the International
Society for Military Law and Law of War.
Yearbook of International Humanitarian Law. T.M.C. Asser Press and Cambridge University Press.
(http://journals.cambridge.org/action/displayJournal?jid=YHL)
34
Many international yearbooks are available on HeinOnline (subscription required).
(http://heinonline.org)
International Criminal Law Research Guide. Dana Neacsu. Columbia Law Library.
http://library.law.columbia.edu/guides/International_criminal_law)
International Humanitarian Law: Study Guide. Human Rights Education Associates HREA.
(http://www.hrea.org/index.php?base_id=151)
International Women's Human Rights and Humanitarian Law, University of Toronto Bora Laskin
Law Library. (http://www.law-lib.utoronto.ca/Resguide/women2.htm)
Law of Armed Conflict in Air and Space Operations. Joan T. Philips, June 2009.
(http://www.au.af.mil/au/aul/bibs/loac09.htm)
United Nations Audio Visual Library of International Law. (http://www.un.org/law/avl/) see "Law
of Armed Conflict."
35
Research Guide to International Humanitarian and Human Rights Law: Children and Armed
Conflict, Rachel Harvey. International Bureau of Children's Rights, (2003-2006).
(http://www.essex.ac.uk/armedcon/story_id/000044.pdf)
Stockton – US Naval War College International Law Department’s Law of Armed Conflict/ IHL
research E-Portal from the US Naval War College’s International Law Department.
(http://usnwc.libguides.com/LOAC-IHL)
Named after Admiral Charles H. Stockton , former Naval War College President and author of the
US Navy's first LOAC manual.
U.S. Army Judge Advocate General's Legal Center & School Library.
(http://www.loc.gov/rr/frd/Military_Law/military-legal-resources-home.html)
War Crimes Research Portal. Frederick Cox International Law Center, Case School of Law.
(http://www.law.case.edu/War-Crimes-Research-Portal/)
Coalition for an International Criminal Court (http://www.iccnow.org/). The Coalition for the
International Criminal Court is a network of over 2,000 non-governmental organizations (NGOs)
advocating for a fair, effective and independent International Criminal Court (ICC). It provides
access to documents, reports, and current information regarding the ICC.
36
Geneva Academy of International Humanitarian Law and Human Rights. (http://www.adh-
geneva.ch/) Visit the Rule of Law in Armed Conflict Project (http://www.adh-
geneva.ch/RULAC/index.php) for information on international humanitarian law, international
criminal law, human rights law, and international refugee law arranged by country, including
treaties, legislation, case law, and IGO documents.
Harvard Law School Program on International Law and Armed Conflict (PILAC)
(http://pilac.law.harvard.edu/)
Henry Dunant Centre for Humanitarian Dialogue. (formerly the Henry Dunant Institute)
(http://www.hdcentre.org/)
37
(http://www.loc.gov/rr/frd/Military_Law/)
United States Institute of Peace. (http://www.usip.org/) Great source for peace agreements and
truth commission reports.
WSD Handa Center for Human Rights and International Justice (https://handacenter.stanford.edu/)
Formerly the UC Berkeley War Crimes Studies Center.
C. Blogs
Armed Groups and International Law Blog (http://armedgroups-internationallaw.org/)
38
Justice in Conflict Blog (http://justiceinconflict.org)
A. Environment
See the International Environmental Law
(http://www.asil.org/sites/default/files/ERG_ENVIROMENT.pdf) chapter of this Guide for a
thorough treatment of research methods in this area of law.
Concern for the environment in times of war goes back historically to the 7th and 8th centuries and
Islamic rules of war, with rules against poisoning wells and other types of damage. In the 20th
century protection of the natural environment itself became the subject of treaties. Customary law
supports environmental protection as it prohibits attacks that damage the environment. Military
manuals also address the protection of the environment during armed conflicts (internal link to Field
Manuals, link to Military sites).
The natural environment is considered a protected object under IHL Arts. 35 (3) and 55 of Protocol
I, Protection of the natural environment, requiring that care be taken to protect the natural
environment against widespread, long-term, and severe damage. It also prohibits reprisals against the
natural environment. For other conventions addressing environmental issues see also, EISIL, on
Armed Conflict & Protection of the Environment.
(http://www.eisil.org/index.php?sid=141902395&t=sub_pages&cat=429)
39
The relationship between IHL and human rights law is one that is not well defined. While both
bodies of law deal with protection of the individual, there are differences. IHL is a lex specialis
limited to situations of armed conflict, whereas human rights law applies at all times. As recent
events have shown, it is not always possible to separate these issues. Currently, human rights treaties
are also being applied during times of war. See Roberta Arnold and Noëlle Quénivet (eds.)
International Humanitarian Law and Human Rights Law: Towards a New Merger in International
Law for essays on this topic. Refer to the Human Rights
(http://www.asil.org/sites/default/files/ERG_HUMRTS.pdf) chapter of this Guide for complete
information on researching human rights issues. The University of Minnesota Human Rights
Library (http://www1.umn.edu/humanrts/) is also an excellent resource.
United Nations, International Legal Protection of Human Rights in Armed Conflict. United Nations
Press, 2011. (http://www.ohchr.org/documents/publications/hr_in_armed_conflict.pdf)
C. Refugees
Armed conflict often forces refugees to cross international borders or become internally displaced
persons. International law applies to refugees, parties to the conflict, and third-party states that
receive refugees. A new category, Internally Displaced Persons (IDPs) are persons fleeing from
conflict inside their own country. These persons have fewer protections under IHL than do refugees.
IDPs are protected by Common Article 3 of the Geneva Conventions of 1949, and Protocol II
which expands on the rules provided in Common Article 3.
Convention Relating to the Status of Refugees 28 July 1951 and Protocol Relating to the Status of
Refugees 31 January 1967, (http://www.unhcr.org/pages/49da0e466.html).
The concept of Non-refoulement is addressed in Art. 45 (4) of Convention IV and the Convention
Relating to the Status of Refugees Art. 14. The first paragraph of this article states that: "No
Contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the
frontiers of territories where his life or freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political opinion."
The Cartagena Declaration on Refugees
(http://www1.umn.edu/humanrts/instree/cartagena1984.html)
See also EISIL - Refugees, Asylum, Nationality, Displaced, & Freedom of Movement
(http://www.eisil.org/index.php?sid=141902395&t=sub_pages&cat=205)
40
Guide to International Refugee Law Resources on the Web. Elisa Mason. LLRX.
(http://www.llrx.com/features/refugee.htm)
United Nations Humanitarian Affairs, Landmines, Refugees and Children and Armed Conflict.
(http://www.un.org/ha/)
While International Law has long recognized the need to deal with refugee issues, only recently has
the issue of internally displaced persons (IDPs) come to be of concern to the world community. An
important document is Report of the Representative of the Secretary-General on Internally
Displaced persons: Guidelines of Principles, UN Doc. E/CN.4/1998/53/Add.2(May 1998)
(http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/d2e008c61b70263ec125661e0036f36e)
Other sources are: Article 77.2 of the Additional Protocol Ito the Geneva Conventions of 12
August 1949, which addresses the participation of children in armed conflict; Article 4.3.c of
Protocol II, additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of Non-International Armed Conflicts, states "children who have not attained
the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take
part in hostilities".
41
The Paris Principles - February 2007 Principles and Guidelines on Children Associated with Armed
Forces and Armed Groups.
(http://www.un.org/children/conflict/english/parisprinciples.html)
UNICEF (1997), Cape Town Principles and Best Practice on the Prevention of Recruitment of
Children into the Armed Forces and Demobilisation and Social Reintegration of Children in Africa.
(http://www.unicef.org/emergencies/files/Cape_Town_Principles%281%29.pdf)
Sierra Leone, Special court Ruling on the Recruitment of Children, Prosecutor v. Sam Hinga
Norman; Decision on Preliminary Motion based on lack of jurisdiction, 31 May 2004.
(http://rscsl.org/)
Other protection of children in times of war includes Article 8.2b(xxvi) of the Rome Statute
(http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-
0a655eb30e16/0/rome_statute_english.pdf) of the International Criminal Court (ICC),
"Conscripting or enlisting children under the age of fifteen years into the national armed forces or
using them to participate actively in hostilities" is a war crime, and Forced or compulsory
recruitment of anyone under the age of 18 for use in armed conflict, is a form of slavery, under the
International Labour Organisation's Worst Forms of Child Labour Convention, 1999, adopted
in 1999.
Office of the Special Representative of the Secretary General for Children and Armed Conflict.
(http://www.un.org/children/conflict/english/index.html)
Subject Headings
Use the term CHILD SOLDIERS to search for information in this area. You may add a geographic
location CHILD SOLDIERS - AFRICA, other relevant searches include CHILD Slavery -- legal
status, laws, etc.; CONVENTION ON THE RIGHTS OF THE CHILD; CHILD SOLDIERS -
LEGAL STATUS, LAWS, ETC. ; CHILDREN AND WAR .
42
The use of private hired combatants is not new, however, the last few decades have witnessed an
increased interest in regulating mercenaries. Recent conflicts in the Middle East have highlighted the
relevance of this subject. While private military companies (PMCs, also Private Security Companies,
PSCs) are not currently addressed by IHL, the topic of mercenaries is addressed in several places:
Art. 47, Protocol I (1) "A mercenary shall not have a right to be a combatant or a prisoner of war."
Also, International Convention of 4 December 1989 Against the Recruitment, use, Financing and
Training of Mercenaries
(https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XVIII-
6&chapter=18&lang=en) and the Convention of the OAU for the Elimination of Mercenarism in
Africa. Libreville, 3rd July 1977. (http://www1.umn.edu/humanrts/instree/1977e.htm)
European Journal of International Law. Volume 19, Number 5 is a symposium issue on private
military contractors and International Law. (http://www.ejil.org/)
International Code of Conduct for Private Security Service Providers, Directorate of Political Affairs
DP, Switzerland. (http://www.state.gov/documents/organization/150711.pdf)
Private Military Companies Options for Regulation in the UK. 12 February 2002 UK Government
Green Paper. (http://www.globalsecurity.org/military/library/report/2002/mercenaries.pdf)
Private Military and Security Companies, Research Bibliography. Institute for International Law and
Justice. (http://www.iilj.org/research/BibliographyPMC.asp)
43
Diana Simpson, Bibliography on Private Military Companies (March 2008) Muir S. Fairchild
Research Information Center, Maxwell AFB, AL (http://www.au.af.mil/au/aul/bibs/pmc08.htm)
United Nations. Search for reports issued by the M.E. Bernales Ballesteros, Special Rapporteur on
the Question of the Use of Mercenaries at the UN Charter Based Document Search database
(http://ap.ohchr.org/documents/gmainec.aspx) Click on "Add a Mandate" and then select
"Special Rapporteur on the Question of the Use of Mercenaries."
UN Working Group on the Use of Mercenaries as a Means of Violating Human Rights and
Impeding the Exercise of the Right of Peoples to Self-Determination
(http://www2.ohchr.org/english/issues/mercenaries/index.htm)
United Nations, The UN Working Group’s Draft of a Possible Convention on Private Military and
Security Companies (2010)
(http://www2.ohchr.org/english/issues/mercenaries/docs/A.HRC.15.25.pdf)
Humanitarian Charter and Minimum Standards for Disaster Relief. Sphere Project, 2004.
(http://www.sphereproject.org/)
44
International Commission on Intervention and State Sovereignty. The Responsibility to Protect
(http://www.responsibilitytoprotect.org/)
Sarah Sewell, Mass Atrocity Response Operations: A Military Planning Handbook. Harvard Law
School ‘s Carr Center for Human Rights Policy
(http://www.hks.harvard.edu/cchrp/maro/pdf/MARO_Handbook_4.30.pdf)
Kenneth Anderson, Targeted Killing in U.S. Counterterrorism Strategy and Law; May 11, 2009.
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1415070)
45
Security and Foreign Affairs, Second Hearing on Drone Warfare, April 28, 2010.
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1619819)
Council on Foreign Relations, Reforming U.S. Drone Strike Policies. January 2013.
(http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736)
CQ Researcher, Drone Warfare: Are Strikes by Unmanned Aircraft Ethical? CQ Researcher Aug. 6,
2010, Volume 20, Number 28. PP 653-676.
(http://cqresearcherblog.blogspot.com/2010/08/are-strikes-by-unmanned-aircraft.html)
David Fidler, Recent Developments and Revelations Concerning Cybersecurity and Cyberspace:
implications for International Law. ASIL Insights, June 20, 2012.
(http://www.asil.org/insights/volume/16/issue/22/recent-developments-and-revelations-
concerning-cybersecurity-and)
Thomas Haine, A Legal Framework for Drone Attacks in Pakistan; The Witherspoon Institute.
January 26, 2010. (http://www.thepublicdiscourse.com/2010/01/1126)
Harold Koh, State Department of State Legal Advisor, speech on International Law and
Cyberwarfare
(http://opiniojuris.org/2012/09/19/harold-koh-on-international-law-in-cyberspace/)
Sept. 18, 2012 speech at the U.S. Cyber Command Inter-Agency Legal Conference.
International Human Rights and Conflict Resolution Clinic (Stanford Law School) and Global
Justice Clinic (NYU School of Law), Living Under Drones: Death, Injury, and Trauma to Civilians
from US Drone Practices in Pakistan, September, 2012. (http://livingunderdrones.org/)
David Kaye, International Law Issues in the Department of Justice White Paper on Targeted Killing.
ASIL Insights, February. 15, 2013.
(http://www.asil.org/insights/volume/17/issue/8/international-law-issues-department-justice-
white-paper-targeted-killing)
Patrick Lin, Maxwell Mehlman and Keith Abney, Enhanced Warfighters: Risks, Ethics and Policy,
The Greenwall Foundation, January 2013. (http://ethics.calpoly.edu/Greenwall_report.pdf)
46
Mary Ellen O’Connell, Lawful Use of Combat Drones. Congress of the United States House of
Representatives Subcommittee on National Security and Foreign Affairs, Hearing: Rise of the
Drones II: Examining the Legality of Unmanned Targeting, Washington, D.C., 2010, April 28,
2010. (http://www.fas.org/irp/congress/2010_hr/042810oconnell.pdf)
Michael Schmitt, Precision Attack and International Humanitarian Law. 859 Int’l Rev. of the Red
Cross 455, 455-66, (2005) ( http://www.icrc.org/eng/resources/international-review/index.jsp)
Jeffrey S. Thurnher, The Law That Applies to Autonomous Weapon Systems, ASIL Insights,
January 18, 2013. (http://www.asil.org/insights/volume/17/issue/4/law-applies-autonomous-
weapon-systems)
47
e-RG
Electronic Resource Guide
International Intellectual
Property Law
Jonathan Franklin *
This page was last updated February 8, 2013.
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by students,
teachers, practitioners and researchers as a self-guided tour of relevant, quality,
up-to-date online resources covering important areas of international law. The
ERG also serves as a ready-made teaching tool at graduate and undergraduate
levels.
2
This page was last updated February 8, 2013.
I. Introduction
II. Overview
e. Trade and IP
h. Geographical Indications
V. Primary Sources
3
This page was last updated February 8, 2013.
I. Introduction
International intellectual property law is a patchwork area of intersecting multilateral and bilateral
agreements and their resulting harmonization of national laws. It has become an increasingly
important and frequently litigated area, particularly in the patent, copyright, and trademark arenas.
In addition, in the past few decades, there have been louder calls for the protection of domain
names, databases, software, and traditional knowledge. Many of these cutting edge intellectual
property issues are addressed on an international level through the World Intellectual Property
Organization (WIPO). Along with new forms of protection, the trend towards globalization in the
trade arena has had a direct effect on the harmonization of national intellectual property laws
through the World Trade Organization (WTO) and regional trade organizations. With increased
interest in international intellectual property law, there are now numerous high quality electronic
resources that cover various facets of this ever-changing area.
II. Overview
Intellectual Property is a frequently used term without a particularly concrete definition. For the
purposes of this guide, it will be defined as products of the mind. Such products could be the trade
name “McDonalds”, a treatise on economics, a database of soup recipes, an invention to sort DNA
strands, or the design of a restaurant. Intellectual property law concerns itself with the protection of
these products. The most common forms of protection are patent, copyright, trademark, and trade
secret law. Other areas of intellectual property law include rights of publicity, moral rights,
misappropriation, unfair competition, geographic indications of origin, database protection,
licensing, trade dress, plant variety protection, integrated circuit protection, and paracopyright
(including laws that prohibit circumventing anti-piracy technology).
One important note is that often physical property contains, within it, intellectual property. A
machine might be based on a patented idea or a book might have copyrighted text. As such,
intellectual property laws often define both what can and cannot be done with the intellectual
property itself and what one can do with a copy of that property that you lawfully possess.
In doing international intellectual property research, one will often see terms such as “neighboring
rights” (sound recording performances and other works seen as needing less protection than
copyright in civil law countries) and “industrial property” (patents and trademarks as distinguished
from copyrights, neighboring rights, and other methods of protecting artistic works). For the
purposes of this guide, these terms are all subsumed under the term intellectual property.
The most important international agreements in intellectual property law are listed here. Many of
them are available in multiple formats, including Microsoft Word, PDF, and HTML. In addition,
4
This page was last updated February 8, 2013.
the links below link to the main pages for those treaties, rather than the HTML texts so that the
reader can also find related protocols, notifications and signatories.
For other substantive, registration and classification treaties, see the treaty sections at the World
Intellectual Property Organization (WIPO) (http://www.wipo.int/clea/en/index.jsp), IPRsonline
(http://www.iprsonline.org/legalinstruments/international.htm), the Compleat World Copyright
Web site (http://www.compilerpress.ca/CW/multi_i.htm) and the intellectual property page at the
Electronic Information System for International Law (EISIL) (http://www.eisil.org/). For bilateral
treaties, one of the best sources is
IPRsonline(http://www.iprsonline.org/legalinstruments/bilateral.htm).
The focus of this Chapter is international law. Although it includes references to national domestic
law (foreign law) and comparative law sources, other sites comprehensively cover national domestic
law, such as WIPO’s Collection of Laws for Electronic Access
(CLEA)(http://www.wipo.int/clea/en/index.jsp) (which is also referred to as WIPO Lex) or
UNESCO’s Collection of National Copyright Laws(http://portal.unesco.org/culture/en/). For
additional web sites that compile national intellectual property laws and decisions, see the relevant
5
This page was last updated February 8, 2013.
section below. Practical Law Company’s Cross-border: Intellectual Property & Technology
(http://us.practicallaw.com/about/cross-border-intellectual-property-technology) provides a
substantial list of country comparisons touching on intellectual property law.
Patent and trademark searches themselves are outside the scope of this legally-oriented guide, but for
links to patent, trademark, and other filing databases, a good starting point is the WIPO GOLD
(http://www.wipo.int/wipogold/en/). For Patent Cooperation Treaty data, statistics, and filings, see
PatentScope (http://www.wipo.int/patentscope/en/) with e-mail updates
here(http://www.wipo.int/patentscope/en/updates.html). For European patent searching, start with
espacenet (http://www.espacenet.com/). For descriptions of International Trademark Classifications
see the section in WIPO below or this web site(http://www.naming.com/icclasses.html). For a global
directory of copyright and industrial property offices, here is the Directory of Intellectual Property
Offices (http://www.wipo.int/directory/en/urls.jsp). Here is another great starting point
(http://www.ip-links.de/) for national patent and trademark offices.
Why reinvent the wheel? Although treaties, national domestic laws, and panel decisions are often
essential for research in international intellectual property, here are a few sites with excellent
discussions of international intellectual property topics as well as links to excellent print and
electronic resources. It is important to note that print sources are often better than electronic ones
for getting a sense of a specific area of law.
The Max Planck Institute for Intellectual Property, Competition, and Tax Law
(http://www.ip.mpg.de/en/pub/news.cfm) includes anOpinions section of the web site
(http://www.ip.mpg.de/en/pub/publications/opinions.cfm) with articles written by noted scholars.
6
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Commission on Intellectual Property Rights, Innovation, and Public Health, Public Health,
Innovation and Intellectual Property Rights
(http://www.who.int/intellectualproperty/report/en/index.html) is a 218 page report exploring the
nexus of these three areas, notably from a public health perspective, as opposed to the trade
perspective of the volume above.
WTO, WIPO, and WHO, Promoting Access to Medical Technologies and Innovation:
Intersections between public health, intellectual property and trade
(http://www.wipo.int/export/sites/www/freepublications/en/global_challenges/628/wipo_pub_628.p
df) This collaborative volume explores a wide range of topics, from traditional knowledge to public
health issues. The table of contents provides an excellent guide to topics in the area.
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IUCN Environmental Law Programme, Gerald Moore and Witold Tymowski, Explanatory Guides
to the International Treaty on Plant Genetic Resources for Food and Agriculture
(http://data.iucn.org/dbtw-wpd/edocs/EPLP-057.pdf) covers all the nuances of the Treaty in far
more depth than most other sources. It includes practical points as well as excellent background.
University of Iowa College of Law Library, Foreign, Comparative, and International Copyright
Materials, (http://libguides.law.uiowa.edu/content.php?pid=255321&sid=2108125) is an excellent
guide with links to not only treaties and print sources, but also relevant specialized journals.
DePaul University College of Law, Center for Art, Museum, & Cultural Heritage Law, Cultural
Heritage Law Internet Resources
(http://www.law.depaul.edu/centers_institutes/art_museum/internet_resources.asp) includes
primarily cultural property and cultural heritage links, but also includes blogs and other online
resources that cover international art law topics that touch on intellectual property.
HG.org, Global Legal Resources, Art and Culture Law, (http://www.hg.org/art.html) does an
excellent job of looking at both foreign and international regional art law issues, including relevant
links to publications, organizations, and articles.
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International Center for Trade and Sustainable Development (ICTSD) and United Nations
Conference on Trade and Development (UNCTAD), IPRsonline.org, General Resources on IPRs
(http://www.iprsonline.org/resources/iprs.htm) includes online reports, articles, and web sites from
1989. It also subject indexing to limit searches to narrower topics, including traditional knowledge,
biodiversity, and human rights.
e. Trade and IP
Graham Dutfield, Literature Survey on Intellectual Property Rights and Sustainable Human
Development(http://www.iprsonline.org/unctadictsd/docs/GDutfield_LiteratureSurveyOnIP_April2
003.pdf) is a 115-page bibliography covering intellectual property rights and sustainable human
development compiled in April 2003.
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perspective of indigenous peoples. It also includes links to websites of indigenous peoples that touch
on traditional knowledge.
h. Geographical Indications
For the purposes of this guide, there are two goals of research. The first goal is to find a specific
document or set of documents. The other seeks background information on a topic. The former goal
is better suited to electronic research and techniques if the source is comparatively recent. Many of
the links below link to multilateral agreements, preparatory documents, and in some cases, national
laws and cases. Most major treaties and agreements are online and freely accessible. If you are
seeking a pre-1990 document other than a major agreement, a good place to start is with a print
source that gives a citation to where the document appears in print. Footnotes in academic journal
articles can be of particular use in finding such citations. For more recent documents, or more
important older documents, using a search engine such as Google (http://www.google.com) might
help find the document. When using Google or any other search engine, it is important to check the
source of the document. The first step is to note the final three letters in the main address, such as
whether the domain you are at ends with ".com", ".org", or ".edu". In many cases ".int", ".gov",
".org", and ".edu" are considered more reliable domains than ".com" domains, in part because they
are not commercial ventures. In addition, do not rely on the text of a document found on the
Internet in a legal proceeding unless it was from a particularly trusted source. It is possible the
document was poorly scanned, the text was not compared to the original source, the version posted
was an outdated draft, or that document has numerous other flaws.
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When seeking background information on a topic, it is often best to start with print sources. If you
have a local library, some time checking their catalog and reading the book or articles they have can
get you the answer faster than searching the Internet. One useful research strategy is to set a fixed
time for Internet research. If you have not found the answer in that period, try a local library or
bookstore. Often hours can be spent on the Internet fruitlessly searching for something that is not
there.
When looking for books, one way to narrow your search is to use subject headings. If you are
interested in recent international trademark law, limiting the subject to including the word
TRADEMARK will help quickly narrow your search. As different countries often use different terms
for specific legal constructs, such as trademark, if you are seeking books in a non-US database, it
would make sense to first determine the likely subject headings for the books you are seeking in the
local language and legal terminology.
When looking for periodical articles, there are several ways to start your search. Although searching
with Google(http://www.google.com) or another search engine is one way to find articles, often a
better way is to use a commercial periodical index. The benefit of both the print and online indexes
is that an editor has described what topics the article covers. When using an online index, the first
step is to determine what terms best define the topic and then use those index terms as part of the
search. Since most legal periodical articles are indexed in general indexes, the same databases can be
used for research on a variety of topics. One starting point for finding legal periodical articles using
indexes is the ASIL Guide to Electronic Resources for International Law: International
Environmental Law Chapter (http://www.asil.org/env1.cfm).
Once one relevant book, article, or bibliography (print or electronic) is found, the footnotes therein
will likely lead to additional useful materials. If you are using the Internet to find relevant articles or
books on a narrow topic and you do not have access to a commercial legal periodical index, another
way to approach the same challenge is to go to a search engine and enter your search terms along
with the word “bibliography” or “resources.”
V. Primary Sources
The major sources of international intellectual property law are treaties and other international
agreements. As with many other legal areas, intellectual property is touched on by agreements on
patents, trademarks, copyright, trade, antitrust, licensing practices, civil procedure, and other areas.
In addition to treaties, other sources of international law that touch on intellectual property include
customary law, general principles of law, judicial decisions, and the teachings of the most highly
qualified publicists of the various nations (Article 38 of the Statute of the International Court of
Justice (http://www.icj-cij.org/documents/).
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a. Internet Sources
The United Nations is a huge family of interlocking international organizations with frequent
overlaps within areas of substantive law, such as intellectual property. Several organizations within
the United Nations work in areas that directly affect international treatment of intellectual property.
The primary three organizations are the World Intellectual Property Organization (WIPO), the UN
Educational, Scientific, & Cultural Organization (UNESCO), and the UN Conference on Trade
and Development (UNCTAD). Additional UN Specialized Agencies that have an interest in
intellectual property laws include the International Telecommunications Union (ITU), the UN
Food and Agriculture Organization (FAO), and the International Union for the Protection of New
Varieties of Plants (UPOV). Many of these agencies have an extensive presence on the Internet,
including the texts of treaties, working papers, and related documents. For a gateway to all the UN
organizations, the best place to start is the Official Web Site Locator for the United Nations System
of Organizations (http://www.unsystem.org/). The relevant UN entities listed below are organized
with the most IP content-rich sites first and more basic links for the more tangentially-related sites
later. For a deeper discussion of United Nations electronic resources in general, see the ASIL Guide
to Electronic Resources for International Law: United Nations Chapter
(http://www.asil.org/un1.cfm).
Within the United Nations, the most relevant organization is almost certainly the World Intellectual
Property Organization(http://www.wipo.int/portal/index.html.en), an organization that has existed
under various names for over 100 years, but only became part of the UN as a specialized agency in
1974. It was established by the Convention Establishing the World Intellectual Property
Organization (WIPO)(http://www.wipo.int/treaties/en/convention/index.html). The member states
of WIPO are listed at the WIPO web site (http://www.wipo.int/members/en/). Their web site has a
wealth of information, including numerous intellectual property treaty
texts(http://www.wipo.int/treaties/en/) such as the WTO-WIPO Cooperation
Agreement(http://www.wto.org/english/tratop_e/trips_e/wtowip_e.htm) and the Patent
Cooperation Treaty(http://www.wipo.int/pct/en/texts/index.htm). For practical content on fees,
forms and statistics related to the Patent Cooperation Treaty, there is a dedicated part of the WIPO
web site (http://www.wipo.int/patentscope/en/).
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The WIPO web site is also an excellent source of information and position papers on traditional
knowledge(http://www.wipo.int/tk/en/index.html) and on Internet domain name issues
(http://www.wipo.int/amc/en/index.html). WIPO is one of a few Uniform Domain Name Dispute
Resolution Policy (UDRP) service providers. The WIPO decisions are posted on their web site
(http://www.wipo.int/amc/en/domains/decisions.html). Commercial sources for WIPO decisions
include LEXIS: trdmrk;wipodd (2000-) and WESTLAW: udrp-arb (2000-). There are other UDRP
service providers, and they are all administered by the Internet Corporation for Assigned Names and
Numbers (ICANN) (http://www.icann.org/) also more fully discussed below.
WIPO is also a tremendous resource for national intellectual property laws, most notably with
Collection of Laws for Electronic Access (CLEA) (http://www.wipo.int/clea/en/). Another national
domestic resource the WIPO web site offers is the Directory of Intellectual Property Offices
(http://www.wipo.int/directory/en/urls.jsp).
Finally, although largely beyond the scope of this article, the WIPO web site has the vast
Intellectual Property Digital Library (IPDL)(http://www.wipo.int/ipdl/en/index.jsp), which includes
a searchable database of works submitted under various WIPO treaties including PCT (Patents),
Madrid (Trademarks), Hague (Industrial Designs), Article 6ter (State Emblems, Official Hallmarks,
and Emblems of Intergovernmental Organizations). The contents of the IPDL are spelled out on
this excellent scope page (http://www.wipo.int/ipdl/en/resources/content.jsp)
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Unlike WIPO, United Nations Educational, Scientific and Cultural Organization (UNESCO)
(http://www.unesco.org/new/en/unesco/) was a specialized agency of the UN from the UN’s
inception in 1945. UNESCO has an extremely broad scope, from rebuilding classrooms in
devastated countries to preserving cultural sites around the world. At the same time, since the
protection of culture is within UNESCO’s scope, it touches on museums, arts, world heritage, and
copyright. Copyright issues within UNESCO are dealt with in the Culture Sector’s Division of Arts
and Cultural Enterprise. UNESCO’s involvement in copyright goes back to the 1952 Universal
Copyright Convention (http://www.unesco.org/culture/en).
More recently, UNESCO’s focus has been on digital technologies and preventing piracy, particularly
through education and public awareness campaigns. UNESCO’s web site includes a wide array of
legal instruments (http://portal.unesco.org/culture/en/). Of particular interest to IP researchers,
beyond the legal instruments is the UNESCO e-Copyright Bulletin, offered in five languages,
(http://portal.unesco.org/culture/en/) and the splendid Collection of National Copyright Laws
(http://portal.unesco.org/culture/en/).
In addition, UNESCO has a publishing arm and has started publishing e-books, the first of which is
Copyright-Engine of Developmentby Ralph Oman (http://portal.unesco.org/culture/en/).
Additional UNESCO publications on copyright and neighboring rights are available here
(http://www.unesco.org/new/en/unesco/resources/online-materials/publications/unesdoc-database/).
Established in 1964, the United Nations Conference on Trade and Development (UNCTAD)
(http://unctad.org/en/Pages/Home.aspx) has the goal of integrating the developed and less developed
countries of the world into the global economy. As such, it has a very useful intellectual property
portal on intellectual property rights and sustainable development called IPRsonline
(http://www.iprsonline.org/). This site includes links to guides on various IP rights, IP proposals
submitted to the WTO, discussion papers, and links to texts of regional free trade agreements. Some
of the materials appear to come from the International Centre for Trade and Sustainable
Development (ICTSD) (http://ictsd.org), an independent non-governmental organization.
Along with UNESCO, the United Nations’s Food and Agriculture Organization
(http://www.fao.org/index_en.htm) was founded as part of the UN’s inception in 1945. Although
largely focused on issues related to hunger, its pronouncements also affect intellectual property,
particularly in the area of biotechnology and agriculture, including genetically modified organisms
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(GMOs). An FAO conference approved the International Treaty on Plant Genetic Resources for
Food and Agriculture (http://www.planttreaty.org/content/texts-treaty-official-versions) through
Resolution 3/2001 and now has the 40 signatories required for implementation. The FAO also
drafted its predecessor, the 1983 International Undertaking on Plant Genetic Resources for Food
and Agriculture (http://www.fao.org/ag//CGRFA/iu.htm). In collaboration with the Consultative
Group on International Agricultural Research (CGIAR) (http://www.cgiar.org/), the FAO offers an
easy way of searching the FAO and related sites called Info Finder
(http://waicent.fao.org/cgiar/home_form.asp).
The International Union for the Protection of New Varieties of Plants (UPOV)
(http://www.upov.org/index_en.html) is an inter-governmental organization (IGO) within the
structure of the UN, established as part of the International Convention for the Protection of New
Varieties of Plants, (http://www.upov.org/en/publications/conventions/index.html) in 1961. The
UPOV web site(http://www.upov.org/index_en.html) includes meeting schedules, position papers,
news of accessions to the UPOV Convention, statistics, and a list of technical and legal publications
for sale. Of particular interest is the National Plant Variety Protection Laws page
(http://www.upov.org/en/publications/npvlaws/index.htm) that includes the texts of national and
EU laws on the topic.
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technical information and such expertise is useful in supplementing the legal pronouncements of the
WIPO and others.
The United Nations Economic Commission for Europe (UNECE) (http://www.unece.org/) was set
up in 1947 by the UN Economic and Social Council (ECOSOC) (http://www.un.org/en/ecosoc/)
as one of the five UN regional commissions. As such, UNECE’s goal is greater regional economic
integration. The other four regional commissions for
development(http://www.un.org/en/development/index.shtml) have less focus on intellectual
property issues.
The World Health Organization (WHO) (http://www.who.int/en/) was one of the original UN
specialized agencies, set up in 1948. Within the WHO, there is a more recent interest in the
relationship between intellectual property and health. In 2003, the World Health Assembly
established the Commission on Intellectual Property Rights, Innovation and Health
(CIPIH)(http://www.who.int/intellectualproperty/en/). The CIPIH web site includes a section
dedicated to recent studies(http://www.who.int/intellectualproperty/studies/en/) as well as related
World Health Assembly documents(http://www.who.int/intellectualproperty/documents/en/).
Although the WTO’s scope is far broader than just intellectual property, a substantial portion of its
work involves the Trade-Related Aspects of Intellectual Property Rights (TRIPS)
(http://www.wto.org/english/docs_e/legal_e/27-trips.pdf), an Annex to the Marrakesh Agreement.
The TRIPS agreement is so important that there is a separate TRIPS section on the WTO web
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In addition to the TRIPS Agreement, the WTO has more recently promulgated the Doha
Ministerial Declaration(http://www.wto.org/english/thewto_e/minist_e/min01_e/min01_e.htm)
which, in part, discusses world trade, less developed countries, and the pharmaceuticals sector,
particularly as they relate to patent and patent licensing issues. Information about subsequent
implementation of the Doha Ministerial Declaration can be found here
(http://www.wto.org/english/tratop_e/dda_e/dda_e.htm).
Due to the complexity of determining the relationship between WTO and WIPO, there is a separate
WTO-WIPO Cooperation
Agreement(http://www.wto.org/english/tratop_e/trips_e/wtowip_e.htm).
The Internet Corporation for Assigned Names and Numbers (ICANN) (http://www.icann.org) is an
international non-profit organization responsible for, among other things, Internet domain name
management. It was founded in 1998 based on ideas set out in US Department of Commerce policy
documents. ICANN is most directly related to intellectual property when there is a conflict between
a registered Internet domain name and trademark holder of a related mark. For such disputes,
ICANN has a Uniform Domain-Name Dispute Resolution Policy (UDRP)
(http://www.icann.org/en/help/dndr/udrp) and Rules for the
Policy(http://www.icann.org/en/help/dndr/udrp/rules). To arbitrate these disputes, ICANN
maintains a list of Approved Dispute Resolution Service Providers
(http://www.icann.org/en/help/dndr/udrp/providers) (one of which is WIPO). The decisions and
proceedings of each service provider are available at their separate sites linked to by ICANN
(http://www.icann.org/en/help/dndr/udrp/providers). In addition, ICANN itself offers aggregated
searches (http://www.icann.org/en/help/dndr/udrp/proceedings). They are also available on
WESTLAW: udrp-arb (2000-).
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E. Trilateral Co-operation
In 1983, the United States Patent and Trademark Office, the Japanese Patent Office, and the
European Patent Office started a joint venture to coordinate aspects of their administrative
functions. It has more recently been working towards developing a worldwide patent-granting
system. As part of the Trilateral Co-operation, the three offices have recently created a new Trilateral
Web Site(http://www.trilateral.net/). Not all the content related to the Trilateral Co-operation is on
the main web site.
To facilitate data exchanges between the three offices, the three patent offices developed the
Common Application Format (CAF)(http://www.trilateral.net/projects/pct/CAF.html). The online
version also includes Annex I: Common Requirements for All Types of Documents
(http://www.trilateral.net/projects/pct/CAF/annex1.pdf) and Annex II: Comparative Table of
Examples for Each Type of the Applications
(http://www.trilateral.net/projects/pct/CAF/annex2.pdf)
3. Regional Organizations
International organizations with their ambitions of global intellectual property harmonization face
extreme challenges due to the diversity of nations, their differing economic situations, and their
multitude of legal histories. Regional organizations, which are often groups of similarly-situated
nations, are often in a better position to bridge national legal differences in intellectual property laws
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A. Regional Africa
The African Intellectual Property Organization (OAPI) (http://www.oapi.int) was created by the
1977 Bangui Agreement(http://www.wipo.int/wipolex/en/other_treaties/details.jsp?treaty_id=227)
and includes 16 primarily French-speaking African nations seeking to harmonize their industrial
property systems. Up until 1962, many of the member nations were governed by French patent law.
From 1962 to 1977, a slightly different group of nations was governed by the Libreville Agreement.
OAPI is linked to ARIPO, the other major African regional IP organization, and WIPO through the
Quadtripartite Agreement (http://www.wipo.int/africa/en/partners_org/quadripartite/index.html).
As of early February 2013, the African Union is moving ahead with the merging of OAPI and
ARIPO into PAIPO. It is unclear how quickly the process of merging will proceed. There are
substantial hurdles ahead and no website exists as of now.
B. Regional - Asia
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genetic resources.
C. Regional – Americas
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D. Regional – Europe/Eurasian
There are numerous areas within the EU’s goals that touch on intellectual property, but the most
important is the one dedicated to harmonizing internal EU laws, the Internal Market
(http://ec.europa.eu/internal_market/index_en.htm). This site divides intellectual property into
industrial property (patents and trademarks) and copyright (copyright and neighboring rights).
Industrial property (http://ec.europa.eu/internal_market/indprop/index_en.htm) includes a special
section on the latest news(http://ec.europa.eu/internal_market/indprop/news/index_en.htm). The
copyright section has a similar structure with a main page
(http://ec.europa.eu/internal_market/copyright/documents/index_en.htm) and the latest
news(http://ec.europa.eu/internal_market/copyright/news/index_en.htm). Other parts of the
Internal Market page(http://ec.europa.eu/internal_market/index_en.htm) link to pages on data
protection, e-commerce, and unfair competition. The broader EU site also includes EU intellectual
property policies (http://europa.eu/scadplus/leg/en/s06020.htm) and covers EU intellectual property
and trade issues (http://ec.europa.eu/trade/creating-opportunities/trade-topics/intellectual-
property/index_en.htm).
Other parts of the EU web site include EU intellectual property legislation in force (http://eur-
lex.europa.eu/en/repert/1720.htm), the official texts of EU copyright documents
(http://ec.europa.eu/internal_market/copyright/documents/documents_en.htm) and notice of
failure to implement EU copyright directives
(http://ec.europa.eu/internal_market/copyright/infringements/index_en.htm).
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To the extent that a case regarding intellectual property arises within the EU, rather than in a
national court, the place to check would be the European Court of Justice (ECJ) web site
(http://curia.europa.eu/en/content/juris/index.htm).
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There are numerous other electronic sources of primary law. Below are just a few of the more reliable
and comprehensive free and commercial electronic sources. Due to the rapid change in electronic
products, the list below is not intended as a detailed description of the products, but more as a
pointer to potentially relevant resources.
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United Nations Treaty Collection (http://treaties.un.org/) is a commercial product from the United
Nations. It includes electronic versions of the Status of Multilateral Treaties Deposited with the
Secretary-General of the United Nations (and those deposited with the League of Nations) along
with various bilateral treaties. The database is searchable by numerous criteria. The licensing
agreement for this Collection used to be particularly strict, but has recently been revised.
For additional information on finding treaties in electronic format, see ASIL Guide to Electronic
Resources for International Law: Treaties Chapter (http://www.asil.org/treaty1.cfm).
Along with the superb sources above, notably WIPO’s CLEA (http://www.wipo.int/clea/en/) and
UNESCO’s Collection of National Copyright Laws (http://portal.unesco.org/culture/en/), there are
several other excellent sources for national intellectual property legislation.
University of Alicante, International Portal of the University of Alicante on Intellectual Property &
For a more official source for a particular jurisdiction’s laws, it is often worth checking the official
web site(s) of the jurisdiction or a print compilation of national intellectual property laws.
Instead of making hundreds of bookmarks for relevant sites, try starting with this ERG or one of the
following sites. Each one includes hundreds of international intellectual property links.
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Intellectual Property Watch (http://www.ip-watch.org/) has reporters in Geneva and around the
world and is an excellent source of news about WIPO and other breaking international intellectual
property news.
*
In 1999, Jonathan Franklin joined the Gallagher Law Library as Assistant Librarian for Library
Services and was promoted to Associate Law Librarian in 2001. In addition to managing the library
administration and circulation departments and sharing in reference duties, he is now responsible for
database selection, licensing, and instructional technology planning for the law school. Jonathan also
has written articles on information licensing and international law issues as well as having taught a
course at the law school on Preservation of Indigenous Cultural Heritage.
He earned his A.B., A.M. Anthropology and J.D. degrees from Stanford University and M.Libr.
with a Certificate in Law Librarianship from the University of Washington. Prior to the University
of Washington, he spent five years as an reference librarian and foreign law selector at the University
of Michigan Law Library. In law school, he was a Senior Editor of the Stanford Environmental Law
Journal and a Note Editor for the Stanford Law Review.
27
e- R G
Electronic
Resource
Guide
International
Organizations
Anne Burnett
This page was last updated March 31, 2015
.
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by students,
teachers, practitioners and researchers as a self-guided tour of relevant, quality,
up-to-date online resources covering important areas of international law. The
ERG also serves as a ready-made teaching tool at graduate and undergraduate
levels.
The narrative format of the ERG is complemented and augmented by
EISIL (Electronic Information System for International Law), a free online
database that organizes and provides links to, and useful information on, web
resources from the full spectrum of international law. EISIL's subject-organized
format and expert-provided content also enhances its potential as teaching tool.
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I. Scope of This Chapter
II. Preliminary Definitions
III. Research Basics
IV. Representative IGOs Online
V. Representative NGOs Online
I. Scope of This Chapter
This chapter of the ASIL ERG provides:
• a brief introduction to the concepts of "intergovernmental organizations" and "non-
governmental organizations"
• discussion of electronic resources helpful in researching international organizations
• links to the Websites of representative intergovernmental and non-governmental
organizations providing electronic access to their documents and other publications
Although no guide to researching international organizations would be complete without reference
to the United Nations (UN), researchers are directed to the chapter in the ASIL ERG devoted to
the UN (http://asil.org/sites/default/files/ERG_UN.pdf) for a thorough discussion of researching
the UN and its specialized agencies.
II. Preliminary Definitions
a. Intergovernmental Organization (IGO)
An "association of States established by and based upon a treaty, which pursues common aims
and which has its own special organs to fulfil particular functions within the organization." -
from Encyclopedia of Public International Law. The Universal Postal Union
(http://www.upu.int/), established in 1874 by the Treaty of Bern, is one of the oldest IGOs. As a
legal entity with international legal status, an IGO can enter into agreements with other IGOs or
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nation states. The most well-known IGO is the United Nations (http://www.un.org/).
Most IGOs have a legislative body, creating legal acts such as resolutions and directives that bind
the IGO under international law. An example is the United Nations General Assembly
(http://www.un.org/ga/), which serves as the major deliberative body of the UN.
IGOs may include a dispute resolution mechanism to resolve conflicts between Member States. The
International Court of Justice (http://www.icj-cij.org/) serves this role for the UN.
In addition, many IGOs have an executive body (often called a secretariat) to facilitate the IGO’s
operations. For example, the UN Secretariat (http://www.un.org/documents/st.htm) carries out
the day-to-day operations of the UN.
b. Non-governmental Organization (NGO)
An international organization consisting of non-governmental representatives and individuals, a
characteristic which distinguishes it from intergovernmental organizations (IGO) which consist
primarily or wholly of governmental representatives. NGOs have no international legal status and
therefore do not enter into treaties or other international agreements, although they may promote
such agreements. The United Nations Charter provides for the UN Economic & Social Council
to arrange for consultations with NGOs, and some NGOs exercise considerable influence, e.g.,
the International Committee of the Red Cross (http://www.icrc.org/), Amnesty International
(http://www.amnesty.org/), Greenpeace (http://www.greenpeace.org/) and Oxfam
(http://www.oxfam.org/).
III. Research Basics
a. Online Library Catalogs
When searching online library catalogs for materials on international organizations, try the
following Library of Congress subject headings: INTERGOVERNMENTAL COOPERATION,
INTERNATIONAL AGENCIES, INTERNATIONAL ORGANIZATION, NON-
GOVERNMENTAL ORGANIZATIONS, REGIONALISM (INTERNATIONAL
ORGANIZATION), or search by individual organization name: ORGANIZATION FOR
SECURITY AND COOPERATION IN EUROPE or WORLD TRADE ORGANIZATION.
Try utilizing the online catalog's KEYWORD search function for the most flexible
searching options.
In addition to searching your local law library's online catalog, you can search for materials in other
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libraries by using WorldCat, a merged electronic catalog of thousands of libraries from around the
world. WorldCat (http://www.oclc.org/us/en/worldcat/default.htm) contains over a billion records.
In addition to providing bibliographic information, WorldCat lists the libraries holding the item.
b. Web Searching
Many international organizations produce a variety of documents, ranging from treaties facilitated
by IGOs to reports issued by NGOs. The Web is proving to be a rich source for these documents,
although access and coverage vary widely from one organization to the next. See Representative
IGOs, infra, and Representative NGOs, infra, for examples of international organizations
providing access to documents via the Web.
When searching the Web for the sites of international organizations, utilize the advanced features
on search engines to limit your results to sites ending in the domain name .int which is reserved for
organizations established by international treaties between or among national governments. For
example, in Google Advanced Search mode (http://www.google.com/advanced_search), enter .int
in the domain box to limit your results. Keep in mind, however, that some international
organizations have eschewed the .int domain (e.g., http://www.un.org and http://europa.eu), and
limiting the domain may result in the unintentional exclusion of these important entities from the
search results.
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ASIL Insights Online is also available both on the ASIL Web site (http://www.asil.org/insights)
and as a free email service. Concise, unbiased essays outline the international law issues behind
current events.
International Organization (http://journals.cambridge.org/action/displayJournal?jid=INO)
Currently published by the Cambridge University Press on behalf of the International
Organization Foundation. The site provides tables of contents and abstracts for issues from 1947
(volume 1) to present. Full-text access is provided to subscribers, while non-subscribers can
purchase access on a per-article basis. In addition, the site allows readers to register for free email
delivery of the tables of contents. Additional full-text articles are available on Westlaw from 1983
(INOG database).
Journal of International Affairs (http://jia.sipa.columbia.edu/) Published by the School of
International & Public Affairs at Columbia University. Selected articles are available in full text
on the JIA site. Full-text articles are available on Westlaw beginning in 2000 (JIAF database).
International Legal Materials (http://www.asil.org/resources/international-legal-materials) Along
with the full texts of important treaties and agreements, judicial and arbitral decisions, and
national legislation, International Legal Materials (ILM) provides the text of selected international
organizations' resolutions and other documents. Available on Lexis beginning with volume 1
(1962) in the INTLAW/ILM file. Selected coverage in Westlaw begins with volume 19 (1980) in
the ILM database. Westlaw also provides indexing of ILM from 1962 to present in the
International Legal Materials Cumulative Index (ILM- INDX database). View the tables of
contents for all back issues and purchase individual articles at JSTOR
(http://www.jstor.org/action/showPublication?journalCode=amerjintelaw).
d. Periodical Indexes
Index to Legal Periodicals & Books (http://www.ebscohost.com/academic/index-to-legal-
periodicals-and-books-full-text) The Index to Legal Periodicals & Books (ILP) (H.W. Wilson
Co.) is a subscription index providing citations to articles in legal periodicals covering all areas of
jurisprudence, including international law. ILP includes records for periodicals back to 1982 plus
the full text of over 325 periodicals dating back to 1994. Subscribers to the ILP Retrospective have
access to records from 1908 to 1981.
Relevant subject headings in ILP include: INTERNATIONAL ORGANIZATION, NON-
GOVERNMENTAL ORGANIZATIONS and individual agency name, e.g. UNITED
NATIONS or WORLD TRADE ORGANIZATION.
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Index to Foreign Legal Periodicals (http://www.law.berkeley.edu/library/iflp/) The Index to
Foreign Legal Periodicals (IFLP) (University of California Press for the American Association of
Law Libraries), indexes legal periodicals covering international law (public and private),
comparative law, and municipal law of countries other than the United States, United Kingdom,
Canada and Australia. Published in print since 1960, the IFLP is available from 1985 online
through Hein Online.
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e. Directories and Research Guides
Electronic Information System for International Law (EISIL) (the International
Organizations section is linked from http://www.eisil.org/)
EISIL links to primary documents, such as treaties and other international instruments.
Additional information is provided on each instrument, including print citations and relevant
dates. EISIL will also guide users to the "best sites" for certain topical areas or kinds of research:
Websites that have been examined by experts and measured against certain standards, such as
currency, stability, authenticity, and comprehensiveness. EISIL additionally provides links to
recommended research guides that assist researchers in exploring their topics of interest more
widely. The database is browseable through a broad framework of subject areas as well as
searchable using a targeted search engine.
International Organizations Links (http://www.usip.org/publications/international-organizations)
This United States Institute of Peace site provides an alphabetical list of links to
international organizations.
Comprehensive List of IGOs (http://www.library.northwestern.edu/libraries-
collections/evanston- campus/government-information/international-documents/list-igos)
This Northwestern University resource provides an extensive list of links to all IGO Web sites
that the staff can find.
This guide includes links to IGO-related statistics, documents, a select bibliography and a
customized IGO search engine.
NGO Links (http://www.ngo.org/links/)
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sites.
The Yearbook of International Organizations Online (http://www.uia.be/node/52)
In addition to providing directory information for thousands of international organizations, this
subscription database profiles each organization, including its purpose, history, publications,
personnel, technical and regional commissions, and consultative and working relationships with
other organizations (including hyperlinks to the entries for the other organizations). Its
publisher, the Union of International Associations (http://www.uia.be/), provides limited free
access to some of the databases and also provides a free IGO Search Engine
(http://www.uia.org/igosearch) facilitating access to the sites of over 3000 IGOs.
f. Additional Resources
This Interest Group strives to create a strong and mutually supportive group of scholars and
practitioners who seek common understanding of the evolving multilateral order.
The International Law in Brief blog (http://www.asil.org/blogs/ilib) from the American Society
of International Law provides analytical abstracts of significant documents reflective of the
broad, contemporary nature of international law, including many relevant to the work and
study of international organizations.
Columbia International Affairs Online (CIAO) (http://ciaonet.org/) A subscription database,
CIAO provides the full text of many international affairs publications, including an occasional
papers series from numerous NGOs.
INTL-DOC is an e-mail listserv designed to facilitate the exchange of information concerning
the publication and information dissemination policies of IGOs. Commercial and IGO
publishers as well as IGO depository liaisons all participate on INTL-DOC making it a valuable
resource for international document researchers and librarians. Currently, over 400 participants
from five continents participate in the INTL-DOC listserv. More information available at
http://www.ala.org/ala/godort/taskforces/internationaldocuments/intldoc.htm.
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topical, UN-related) and because they provide electronic access to their documents and other
publications; for access to additional IGO sites, please see the Union of International Associations'
IGO Search Engine (http://www.uia.be/s/or/en/igo).
a. Council of Europe (http://www.coe.int/)
The Council of Europe (CoE) was established in 1949 by the Statute of the Council of Europe .
Although its aims cover a broad array of European affairs, major areas of focus include the
protection of human rights and democracy, adherence to the rule of law, promotion of a European
identity, and development of solutions to societal problems. With current membership numbering
47 countries (including all European Union countries), the CoE produces a wide variety of
documents, many of which are available electronically.
The database of European treaties at http://conventions.coe.int provides a complete list of
treaties and a list of treaties by subject matter as well as allowing for searching by key word,
subject matter, date, or European Treaty Series number.
Committee of Ministers documents (treaties, decisions, declarations, resolutions,
recommendations, reports, speeches) at http://www.coe.int/T/CM/documentIndex_en.asp.
European Court of Human Rights (ECHR) materials (text of the European Convention on Human
Rights, rules of court, pending cases, list of recent judgments) at http://www.echr.coe.int/.
Human Rights Documentation database (HUDOC) at http://hudoc.echr.coe.int/ provides access
to the case law of the ECHR, the former European Commission of Human Rights, and the
Committee of Ministers.)
Commissioner for Human Rights at http://www.coe.int/en/web/commissioner/home provides
text of reports, opinions, recommendations, and other documents (speeches, addresses)
Parliamentary Assembly provides documents, reports of debates, adopted texts, and agendas
Congress of Local and Regional Authorities texts at
http://www.coe.int/t/congress/texts/adoptedTexts_en.asp provides access to adopted texts,
including draft conventions, recommendations, resolutions, opinions, and final declarations
The site of the Secretary General at http://www.coe.int/T/SECRETARYGENERAL/SG/
includes speeches, press releases, and reports
b. International Atomic Energy Agency (http://www.iaea.org/)
A specialized agency within the United Nations, the International Atomic Energy Association
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(IAEA) serves as an intergovernmental forum for scientific and technical cooperation in the nuclear
field. Established in 1957 by the Statute of the International Atomic Energy Agency
(http://www.iaea.org/About/statute.html), the IAEA now has over 160 Member States. The IAEA
official Website provides the texts of the following materials:
General Conference - the highest policy-making body of the IAEA
International Conventions and Agreements
(http://www.iaea.org/Publications/Documents/Conventions/)
Information Circulars (http://www.iaea.org/Publications/Documents/Infcircs/)
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developed at Yale, Stanford, Harvard and other institutions. Finally, the chapter identifies various
commercial online or CD-ROM sources for UN materials.
e. World Trade Organization (http://www.wto.org/)
The World Trade Organization (WTO) deals with the global rules of trade between nations.
Created in 1995 by the Agreement Establishing the World Trade Organization
(http://www.wto.org/english/docs_e/legal_e/final_e.htm), the WTO is the successor to the
General Agreement on Tariffs and Trade (GATT) and supports the multilateral trading system
established under the GATT. The WTO Website provides extensive coverage of its
documentation at the following access points:
Official Documents at http://www.wto.org/english/docs_e/docs_e.htm including the Agreement
Establishing the WTO and over 100,000 other official documents.
Documents Online at https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S005.aspx provides a
searchable and browsable database of the official documentation of the WTO from 1995 to present
along with selected material from 1986-1994. Documents are available in both PDF and Word.
The Documents Online database includes a descriptive bibliographic record for every document.
Panel and Appellate Body Reports are downloadable in PDF or Word at
http://www.wto.org/english/tratop_e/dispu_e/distab_e.htm
V. Representative NGOs Online
Note: the NGOs listed here were selected as representative of the many NGOs existing
(addressing issues such as health, environment, humanitarian aid, poverty, and human rights) and
because they provide good electronic access to their documents and other publications (e.g.,
treaties on a specific topic). The NGO Global Network provides a list of NGOs associated with
the United Nations at http://www.ngo.org/links/.
a. Amnesty International (http://www.amnesty.org/)
Amnesty International (AI) works to promote human rights as set forth in the Universal
Declaration of Human Rights and other international human rights documents. Their work
focuses on freeing prisoners of conscience, abolishing the death penalty and torture, ensuring fair
and prompt trials for political prisoners, and "disappearances" and political executions. The
site
provides access to Annual Reports, News Releases, and research documents searchable by content
type, topic, region/country, or resource type.
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b. CARE (http://www.care.org)
Created in 1945 to provide emergency assistance in Europe, CARE International delivers relief
assistance and works to end global poverty through sustainable development. The CARE
Newsroom (http://www.careusa.org/newsroom/) serves as a central site for access to a variety of
publications, including:
Current Press Releases linked from http://www.care.org/newsroom/index.asp?
Annual Reports
(http://www.care.org/newsroom/publications/annualreports/index.asp)
http://www.care.org/newsroom/publications
(http://www.care.org/features/specialreports.asp)
c. International Campaign to Ban Landmines (http://www.icbl.org/)
Winner of the 1997 Nobel Peace Prize, the International Campaign to Ban Landmines (ICBL)
works toward a ban on the use of antipersonnel landmines and cluster munitions worldwide. The
organization works toward universal adoption of both the Mine Ban Treaty and the Clusters
Munition Convention. In addition, the ICBL advocates for increased resources for victim
assistance and demining operations. The ICBL provides excellent access to ICBL publications as
well as the text or citation information for many documents on landmines:
The Treaties page (http://www.icbl.org/index.php/icbl/Treaties) provides access to the full text of
both international agreements in multiple languages. Records of the Meetings of the States
Parties to the Mine Ban Treaty are available at
http://www.icbl.org/en-gb/the-treaty/treaty-
meetings/meetings-of-states-parties.aspx. The Signatories to the Cluster Munitions Convention
are listed at
http://www.stopclustermunitions.org/en-gb/the-treaty/treaty-status.aspx.
The Landmine and Cluster Munition Monitor (http://www.the-monitor.org/index.php)
produces several research products including the annual Landmine Monitor and Cluster
Munition reports, as well as factsheets and maps.
d. International Committee of the Red Cross (http://www.icrc.org/)
Established in 1863, the International Committee of the Red Cross (ICRC) serves a humanitarian
mission to protect the lives and dignity of victims of war and internal violence and to provide
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them with assistance. Although listed here as an NGO, the ICRC has entered into agreements
with more than 50 nations recognizing the ICRC as an international legal entity and granting it
the privileges and immunities normally enjoyed by IGOs.
The War and Law pages
(https://www.icrc.org/en/war-and-law)
discuss international
humanitarian law and the work of the ICRC.
IHL Database (http://www.icrc.org/ihl) provides access to the text of treaties and documents as well
as information regarding signatories and parties.
National Implementation Database at http://www.icrc.org/ihl-nat includes data on
the implementation of humanitarian law at the national level.
International Review of the Red Cross (http://www.icrc.org/eng/review) quarterly journal on
international humanitarian law and policy.
e. World Wildlife Federation (http://www.panda.org)
Founded in 1961, the World Wildlife Federation (WWF) works to halt the degradation of the
environment by conserving biodiversity, ensuring the use of renewable and sustainable natural
resources, and promoting the reduction of pollution and wasteful consumption. WWF’s
Website provides access to a variety of materials, including:
Publications & Resource Materials (reports, studies, status updates)
at http://wwf.panda.org/about_our_earth/all_publications/
News (news stories, press releases, features) at http://www.panda.org/wwf_news/
*
Anne Burnett is the Foreign & International Law Librarian at the University of Georgia School of
Law and teaches courses in International Legal Research and Advanced Legal Research.
She earned a B.A. degree from the University of Nevada, a J.D. degree from the University of
Georgia School of Law, and an M.L.I.S. degree from the University of Texas at Austin. Prior to
returning to the University of Georgia, she was a reference librarian at the University of Arkansas
Law Library, deputy legislative counsel for the Nevada legislature, and a judicial law clerk in Reno,
Nevada. While a law student, she served as Editor-in-Chief of the Georgia Journal of International &
Comparative Law. She is admitted to the state bars of California and Nevada, and she is a member
of the American Association of Law Libraries, the American Bar Association, and the American
Society of International Law.
14
e-RG
Electronic
Resource
Guide
I nternational Piracy
D ouglas Guilfoyle *
This page was last updated July 31, 2014.
T
his electronic resource guide, often called the ERG, has been
published online by the American Society of International Law
(ASIL) since 1997. Since then it has been systematically
updated and continuously expanded. The chapter format of the
ERG is designed to be used by students, teachers, practitioners and
researchers as a self-guided tour of relevant, quality, up-to-date online
resources covering important areas of international law. The ERG also
serves as a ready-made teaching tool at graduate and undergraduate
levels.
2
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I. Introduction
III. Treaties
XII. ReCAAP
I. Introduction
The phenomenon of high seas piracy in the twenty-first century has produced a voluminous
literature in a short period. Nonetheless, a number of key phases and trends can be identified. In
the period 2004–2006 the major cause of concern for maritime piracy was in the Straits of
Malacca and Singapore between Indonesia, Malaysia and Singapore. A number of factors
contributed to the decline of piracy in this region thereafter. These included the Boxing Day
tsunami of 2004 (credited with destroying many of the small craft local pirates relied upon),
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peace in Aceh province and an increase in law-enforcement cooperation among the affected
littoral states encouraged by the International Maritime Organization. Much of the “piracy” in
this region actually occurs within territorial waters and is not therefore piracy in the strict
international law sense.
From 2003-2004 onward, there was a significant increase in pirate attacks off Somalia. This form
of piracy focused on hijacking vessels and holding the crews to ransom. The boom in Somali
hostage-taking piracy resulted from several factors: the development of an efficient business
model and supportive local infrastructure; a collapse in government and policing in Puntland, the
region of Somalia where most piracy is based; and a shift towards the use of mother ships
allowing Somali pirates to attack further out to sea.1 This generated an unprecedented
international response, seeing the deployment of numerous national and multinational naval
missions to the region. The activities of Somali pirates, however, also proved highly adaptable.
As the Gulf of Aden became better patrolled, Somali pirates proved themselves capable of
capturing vessels far out into the Indian Ocean instead. Successful Somali pirate attacks rapidly
escalated in 2009 before dramatically declining over the course of 2012 to reach negligible levels
in 2013.
This rise and fall is attributable to a number of factors. International cooperation in response to
Somali piracy has been remarkable. A variety of national and multinational missions patrol the
high risk waters of the Indian Ocean, including missions organized under NATO and European
Union. These efforts are informally coordinated by a number of processes, most prominently the
multi-naval shared awareness and deconfliction (SHADE) meetings. Well-documented roles
have also been played in the region by the Contact Group on Piracy off the Coast of Somalia, the
United Nations Office on Drugs and Crime and the International Maritime Organization – among
many others – in building coastal state law enforcement and prosecution capacity. Such efforts
have increasingly led to direct engagement with the government of Somalia and authorities in
various territorial entities within Somalia (principally Puntland and Somaliland). This probably
represents the most concerted international effort to stabilize the country since the collapse of the
Barre regime in 1991. A series of Security Council resolutions (stretching from resolution 1814
in 2008 to resolution 2125 in 2013) has provided a backdrop to these efforts. These resolutions
have, inter alia, provided the legal basis for counter-piracy operations within Somalia’s territorial
sea and within its land territory.
1
See: D. Guilfoyle, Somali Pirates as Agents of Change in International Law-making and Organisation, 1(3)
Cambridge Journal of International and Comparative Law 81, 84 (2012).
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Nonetheless, perhaps one of the most effective measures in curtailing the success of Somali
pirates has been improved shipboard security. This has been promoted through the shipping
industry itself with the cooperation of various other actors including the International Maritime
organization. Measures to enhance shipboard security have principally taken the form of a
document called Best Management Practices2 which provides guidance on the means of making
a ship more resistant to pirate attack. A related, and controversial, development has been the
increasing use of private contracted armed security personnel to guard against pirate attack and
(less frequently) the deployment of marines by a flag State to serve as Vessel Protection
Detachments (VPDs). The use of VPDs sparked a major incident between India and Italy in the
Enrica Lexie incident of 2012 when Italian marines shot Indian fishermen, having mistaken them
for pirates.
With the relative decline of Somali piracy since 2012, there has been increasing interest in
maritime violence and piracy off West Africa and particularly Nigeria. However, much of this
activity occurs either in territorial waters or internal waters and is therefore not strictly piracy as
defined by international law. The origins of much of maritime violence in the Gulf of Guinea lie
with various insurgent and secessionist movements in Nigeria, and usually involve stealing
cargoes from oil tankers rather than ransoming crews as hostages. (However, two Americans
were kidnapped off the coast of Nigeria from an oil platform supply vessel in 2013.)
A lively debate has also resurfaced in the literature as to whether political protestors can ever be
considered “pirates”. This was particularly prompted by the holding in Cetacean Research
Institute v. Sea Shepherd Conservation Society3 that violent actions on the high seas directed
from one vessel against another can constitute piracy irrespective of motive.
One of the difficulties in discussing the history of the law of piracy is the lack of consistency in
the use of the term, a question comprehensively studied by Alfred Rubin.4 In short, there is little
2
BMP 4: Best Management Practices for Protection Against Somali Based Piracy (2011), available at
http://www.mschoa.org/docs/public-documents/bmp4_low_res_sep_5_2011.pdf.
3
United States Court of Appeals for the Ninth Circuit, No. 12-35266, Amended Opinion of May 24, 2013, 107 AJIL
666 (2013), http://cdn.ca9.uscourts.gov/datastore/general/2013/05/24/12-35266_Amended_Opinion.pdf.
4
Alfred P. Rubin, The Law of Piracy, revised 2nd ed., Brill (1998). The first edition was published in 1988 as
volume 63 of the U.S. Naval War College International Law Studies, available at http://usnwc.edu/Research---
Gaming/International-Law/New-International-Law-Studies-(Blue-Book)-Series/International-Law-Blue-Book-
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consistency among the sources as to whether the term pirate is being used: as a mere term of
rhetorical condemnation; to distinguish other legal categories (such as privateers or insurgents);
to refer to a crime at international law; or to refer to a crime at national or municipal law.
At the beginning of the twenty-first century piracy is best considered a national law crime for
which international law provides a permissive rule of jurisdiction. Certainly, the response to
Somali piracy has been one of prosecution before national courts under modern statutory
enactments. There has been no serious attempt to establish an international piracy tribunal. There
has been some judicial interest at the national level in enquiring into the meaning of piracy at
international law if only to examine the compatibility of national laws and prosecutions with the
provisions of UNCLOS.5 However, it appears generally accepted that the function of the
international law of piracy is now to permit prosecutions by forum States lacking any
conventional nexus to the crime rather than to directly criminalize conduct under international
law in the manner of, for example, war crimes.
Historically, the picture is much more confused. Many treatments of the subject tend to conflate
very distinct historical époques and practices without appreciating that the concept of piracy may
have different meanings in different times or places. For example, while Cicero is often quoted
for the proposition that “pirates are the enemy of all mankind” it is quite clear that in ancient
Rome piracy was not a crime per se. It was, rather, a special branch of the laws of war. Similarly,
the meaning of piracy in the 17th, 18th and 19th centuries was bound up in very different ways
with the laws of war. Broadly, the question was one of state sanction. At a time before States
generally had large standing navies, it was convenient for major powers to have a body of
licensed privateers that they could incorporate into navies in times of war. Thus, a privateer was
a state-licensed actor. It was a defense to a charge of robbery on the high seas (piracy) that one
held a valid commission from a State (see, for example, US v. Hutchings6 and US v. Klintock).7
Codification efforts in the twentieth century were intended to impose some sort of order on the
chaos caused by divergent expert opinion and the lack of jurisprudence resulting from the
Articles.aspx?Volume=63 and http://archive.org/details/lawofpiracy63rubi.
5
For example in US v. Ali, 718 F.3d 929 (D.C. Cir. 2013), the court held that the US assertion of jurisdiction over
those who aid and abet piracy from within a State’s territorial jurisdiction is permissible as it falls within the
universal jurisdiction over acts of “intentionally facilitating” piracy granted under Art. 101(c), UNCLOS, available
at http://www.cadc.uscourts.gov/internet/opinions.nsf/16778EF07896FFB085257B8700507F47/$file/12-3056-
1440653.pdf.
6
Brunner, Col. Cas. 489; 2 Wheeler, Cr. Cas. 543 (Circuit Court of Virginia, 1817).
7
18 U.S. 144 (1820), available at http://supreme.justia.com/cases/federal/us/18/144/case.html.
6
This page was last updated July 31, 2014.
relatively few piracy cases decided before national courts. Broadly, this codification effort
involved three phases. First, the League of Nations Committee of Experts for the Progressive
Codification of International Law examined the question in 1926. Ambassador Matsuda prepared
a brief set of draft articles (lacking footnotes or scholarly references) for discussion, which
provoked numerous government responses and a brief debate in and report from the Committee
of Experts itself, before the topic was dropped as not being of sufficient practical interest. The
report nonetheless had an influence on the Harvard Research in International Law draft
convention on piracy in 1932 (accompanied by a voluminous commentary consisting in the main
of extensive quotes from commentators and primary sources).
The Harvard Research in turn influenced the International Law Commission’s draft articles on
the high seas, initially produced by special rapporteur J.P.A. François. These draft articles were
largely reproduced in first the Geneva Convention on the High Seas 1958 and then the UN
Convention on the Law of the Sea 1982. While the latter is now generally accepted as stating the
applicable customary international law as regards both the definition of piracy and the extent of
permissible action by States to repress it, looking to the work of the ILC (or the Harvard
Research, or the League of Nations) for the original meaning of the terms used may often be an
exercise in frustration because the intended meaning of the key terms may vary between
codifiers. That is, it is not always apparent that each successive codification effort fully
appreciated the intentions of previous codifiers or the choices or distinctions made. Any
codification effort, in particular, has to be understood against the legal controversies of the day
which obviously vary greatly over time. Nonetheless, any historical analysis of the treaty texts
usually begins with these sources.
III. Treaties
http://www.un.org/en/sc/ctc/docs/conventions/Conv5.pdf
UN Convention on the Law of the Sea (1982), articles 58(2), 100-107, 110
http://www.un.org/depts/los/convention_agreements/convention_overview_conventio
n.htm
7
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Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation (1988) and its 2005 Protocol
http://www.un.org/en/sc/ctc/docs/conventions/Conv8.pdf
The consolidated text of the 1988 SUA Convention as modified by the 2005 Protocol
is available at:
https://www.unodc.org/tldb/en/2005_Cons_Version_Conv_and_Prot_Maritime_Navi
gation.html
Unless otherwise noted, all documents in this section may be found at:
http://www.un.org/depts/los/piracy/piracy_documents.htm
Since 2008, the UN Security Council has adopted a number of resolutions that relate
to international piracy. The most relevant resolutions: (Note – Resolutions 2018 and
2039 address piracy in the Gulf of Guinea; the remainder deal with piracy off the
coast of Somalia)
8
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2018 31 Oct 2011
* http://www.un.org/en/sc/documents/resolutions/2012.shtml
* http://un.org/en/sc/documents/statements/2010.shtml
Attachment: Report of the United Nations Assessment Mission on Piracy in the
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Attachment: Compilation of Information from Member States on
* http://www.un.org/en/sc/documents/sgreports/2012.shtml
Unless otherwise noted, all documents in this section may be found at:
http://www.imo.org/OurWork/Security/PiracyArmedRobbery/Pages/Default.aspx
A. General Guidance
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MSC.1/Circ.1302 16 Apr 2009
* http://www.un.org/depts./los/piracy/circular_letter_3180.pdf
Circulars of the Maritime Safety Committee providing interim guidance on the use of
privately contracted armed security personnel:
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MSC.1/Circ.1408/Rev.1 25 May 2012
D. Piracy Reports
For a database on national legislation maintained by the United Nations Division for
Ocean Affairs and the Law of the Sea, see:
http://www.un.org/depts/los/piracy/piracy_national_legislation.htm
12
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The United Nations Interregional Crime and Justice Research Institute (UNICRI)
maintains a database on maritime piracy cases in domestic courts:
http://www.unicri.it/
http://www.thecgpcs.org/
See the New York Declaration, signed by members of the CGPCS 9 Sep 2009.
OBP is a project of the One Earth Future Foundation, a non-profit organization in the
United States. It seeks to develop a response to maritime piracy through stakeholder
involvement.
http://oceansbeyondpiracy.org/
http://www.ics-shipping.org/
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The ICC’s Commercial Crime Services (CCS) includes the International Maritime
Bureau, which manages the IMB Piracy Reporting Centre.
http://www.icc-ccs.org/piracy-reporting-centre
XII. ReCAAP
The roles of the Regional Cooperation Agreement on Combating Piracy and Armed
Robbery against Ships in Asia (ReCAAP) Information Sharing Centre, Singapore,
include exchanging information among Contracting Parties on incidents of piracy and
armed robbery as well as support for capacity building efforts of Contracting Parties
and for cooperative arrangements.
http://www.recaap.org
http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta10/ERES1722.ht
m
House of Commons Foreign Affairs Committee Report on Piracy off the Coast of
Somalia, 20 Dec 2011
http://www.publications.parliament.uk/pa/cm201012/cmselect/cmfaff/1318/1318.pdf
http://mfa.gov.tr/the-second-instanbul--conference-on-somalia_-final-declaration_-1-
June-2012_-istanbul.en.mfa
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http://piracy-law.com/2012/06/29/in-brief-second-international-counter-piracy-
conference-concludes-in-dubai/
*
Douglas Guilfoyle is a Reader in Law at the Faculty of Laws,
University College London where he teaches public international law,
the international law of the sea and international criminal law. He is the
author of Shipping Interdiction and the Law of the Sea (Cambridge
University Press 2009) and numerous articles on maritime security and
law enforcement, naval warfare and Somali piracy. He has acted as a
consultant on piracy issues to the Contact Group on Piracy off the Coast
of Somalia (Working Group 2), the Foreign Affairs Committee of the
House of Commons and the UN Office on Drugs and Crime. He holds a
PhD and LLM from the University of Cambridge, where he was a Gates
Scholar, and undergraduate degrees in law and history from the
Australian National University. Prior to graduate study he worked as a
litigation solicitor and as a judge’s associate in Australia.
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T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by
students, teachers, practitioners and researchers as a self-guided tour of relevant,
quality, up-to-date online resources covering important areas of international
law. The ERG also serves as a ready-made teaching tool at graduate and
undergraduate levels.
I. Introduction
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I. INTRODUCTION
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This chapter of the ASIL Guide to Electronic Resources for International Law provides a guide to the
electronic resources available to research the law of the sea. The types of resources covered emphasize
internet sites, but also include library catalogs and on-line subscription and commercial services. The
emphasis here is on English-language sources. General search strategies for conducting research in
this area are included in Section XI.
For centuries, the law of sea was based on the concept of freedom of the seas, with nations' control
of the oceans limited to narrow bands adjacent to their coasts. It was primarily based on customary
law; international agreements were likely to involve a small number of states or cover a particular
region. By the middle of the twentieth century, as the nations increased their capability to engage in
long range fishing and commercial extraction, concerns arose about pollution and the exhaustibility
of ocean resources. In addition, the concept of freedom of the seas was eroding, as many nations had
asserted sovereignty over wider areas, claiming rights to the resources of the continental shelf and the
water above. It became necessary to develop a treaty-based regime for ocean governance. A series of
United Nations conferences on the law of the sea, convened in 1958, 1960 and 1973-1982,
produced a number of treaty agreements and the Third Conference culminated in the adoption in
1982 of a comprehensive treaty instrument, the United Nations Convention on the Law of Sea.
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) creates a comprehensive
regime governing the rights of nations with respect to the world's oceans. The convention addresses
a number of topics, including economic zones of the sea, the continental shelf, rights to the deep
seabed, navigational rights in territorial and high seas, conservation and management of the living
resources of the sea, protection and preservation of the marine environment, and others. Procedures
for the resolution of disputes are included. The convention is comprised of 320 articles and nine
annexes. In addition, two other agreements that supplement UNCLOS have been adopted: The
Agreement Relating to the Implementation of Part XI of the United Nations Convention on the
Law of the Sea of 10 December 1982 and The United Nations Agreement for the Implementation
of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982
Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks.
In addition to the global agreements, ocean law is controlled by a number of regional and specialized
treaty instruments, covering topics such as the peaceful use of the sea, maritime space, conservation
and management of living resources, protection of the marine environment, communications, illegal
activities and the governance of regional seas.
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(http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf)
The Convention is comprised of the following eighteen Parts (containing 320 articles) and nine
Annexes (containing 125 articles).
Two additional Agreements, concluded in 1994 and 1995, have as their aim the implementation of
certain provisions of UNCLOS and are subject to the dispute settlement provisions of UNCLOS.
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English.pdf)
Additional information about the procedural history of the Convention and additional
agreements may be found in the Historic Archives section of the United Nations Audiovisual
Library of International Law. Materials about legal instruments covered in the Historic
Archives section include an introduction to the instrument by an international law scholar or
practitioner with special expertise on the subject, information on its procedural history and
related documents, as well as the text and status of the instrument. It is accompanied by
audiovisual materials, as available, relating to the negotiation and adoption of the instrument
at meetings or diplomatic conferences. http://www.un.org/law/avl/
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1958 United Nations Conference on the Law of the Sea (First Conference)
(http://www.un.org/law/diplomaticconferences/). The First United Nations Conference on the Law
of the Sea, convened in Geneva in 1958, focused on developing rules that addressed states’ rights
and duties with respect to zones of the seas – territorial seas, continental shelf and high seas.
Additional information about the 1958 Geneva Conventions on the Law of the Sea, including
procedural history and selected preparatory documents, may be found in the Historic Archives
section of the United Nations Audiovisual Library of International Law. http://www.un.org/law/avl/
The Conference produced four treaty agreements, with continuing relevance today:
• The Convention on the Territorial Sea and the Contiguous Zone (entered into force
on 10 September 1964)
http://www.ecolex.org/ecolex/ledge/view/RecordDetails;DIDPFDSIjsessionid=8C91
D93593B243ABFAB620BFA0DC89D1?id=TRE-000143&index=treaties
(available in English, Spanish and French)
• The Convention on the High Seas (entered into force on 30 September 1962)
http://www.ecolex.org/ecolex/ledge/view/RecordDetails;DIDPFDSIjsessionid=A3A4
F3A20319484F63E84908F778D494?id=TRE-000144&index=treaties
(available in English, Spanish and French)
• The Convention on Fishing and Conservation of the Living Resources of the High
Seas (entered into force on 20 March 1966)
http://www.ecolex.org/ecolex/ledge/view/RecordDetails;DIDPFDSIjsessionid=A3A4
F3A20319484F63E84908F778D494?id=TRE-000141&index=treaties
(available in English, Spanish and French)
• The Convention on the Continental Shelf (entered into force on 10 June 1964)
http://www.ecolex.org/ecolex/ledge/view/RecordDetails;DIDPFDSIjsessionid=A3A4
F3A20319484F63E84908F778D494?id=TRE-000152&index=treaties
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1960 United Nations Conference on the Law of the Sea (Second Conference)
(http://legal.un.org/diplomaticconferences/lawofthesea-1960/lawofthesea-1960.html). The Second
United Nations Conference on the Law of the Sea convened to consider the topics of the breadth of
the territorial sea and fishery limits, which had not been agreed upon in the 1958 Conventions. No
new agreements were concluded at the Conference.
United Nations Conference on the Law of the Sea, 1973-1982 (Third Conference)
(http://legal.un.org/diplomaticconferences/lawofthesea-1982/lawofthesea-1982.html). Meeting in
eleven sessions held during the period 1973 – 1982, the Third United Nations Conference on the
Law of the Sea, on 10 December 1982, adopted the United Nations Convention on the Law of the
Sea. The United Nations Convention on the Law of the Sea entered into force twelve months after
the deposit of the sixtieth instrument of ratification, on 16 November 1994. Additional information
about the 1982 Convention on the Law of the Sea, including lectures, procedural history and
selected preparatory documents, may be found at the Audiovisual Library of International Law.
http://www.un.org/law/avl/
For additional guidance on conducting treaty research, it is helpful to consult a research guide.
Prepared by librarians, these guides provide an overview of the research process, as well as suggested
resources to conduct research. A guide to treaty research may be found at the Dag Hammarskjöld
Library at the United Nations (http://research.un.org/en/docs/law/treaties). Many law schools have
prepared excellent research guides as well, but the researcher should keep mind that references in
those guides to print resources are to those found in the law school’s own collection (although such
resources are typically widely held). With that caveat, an example is the Guide to Treaty Research
prepared and maintained by the librarians at Columbia Law School
(http://library.law.columbia.edu/guides/Guide_to_Treaty_Research).
United Nations Treaty Collection (http://treaties.un.org) This searchable database contains the
United Nations Treaty Series (UNTS) and League of Nations Treaty Series, the Multilateral Treaties
Deposited with the Secretary-General and other useful treaty-related resources. There are a number
of search options: the advanced search feature allows searching by type of agreement, date of
signature, place of conclusion, entry into force, names of the parties and other criteria.
The Multilaterals Project at the Fletcher School of Law & Diplomacy (http://fletcher.archive.tusm-
oit.org/multilaterals). This project made the full text of international conventions and other
instruments available electronically. The selective list of treaties dates back to 1899 and can be
searched by subject or chronologically. Although the site has been archived and is no longer
updated, the collection of Marine and Coastal conventions, dating back to 1911, can be found at
http://fletcher.archive.tusm-oit.org/multilaterals/marine.html
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The Electronic Information System for International Law (EISIL) (www.eisil.org). EISIL is a
searchable database of links to international law information available on the Web, including
treaties. EISIL is developed and maintained by ASIL, and covers the entire field of international law.
EISIL's materials are arranged according to subject; treaties relating to the law of the sea may be
found in the International Environmental Law and International Air, Space and Water categories.
EISIL provides additional information about the treaties: such as legal citation, date of entry into
force, and a brief description of the scope and significance of each instrument.
United Nations Division for Ocean Affairs and the Law of the Sea (UNCLOS)
(http://www.un.org/Depts/los/index.htm). The Division serves as the secretariat of the United
Nations Convention on the Law of the Sea. The site provides access to the Convention and related
agreements, General Assembly reports and other documents, bodies established by the Convention,
dispute settlement materials, and links to ocean related materials.
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It serves as the repository for treaties related to maritime safety, marine pollution, liability and
compensation and other conventions dealing with shipping Summaries of and ratification
information about IMO conventions can be found at the IMO website; full texts are seldom
available and may often be located by using the UN treaty database or by navigating to the Maritime
Matters section of EISIL (http://www.eisil.org/index.php?sid=650785963&cat=51&t=sub_pages).
UNEP activities in marine and coastal areas include the Global Programme of Action for the
Protection of the Marine Environment from Land Based Activities (http://www.gpa.unep.org/ ), the
Global International Waters Assessment (http://www.unep.org/dewa/giwa/), the Small Island
Developing States Network (http://www.sidsnet.org/), the International Coral Reef Action Network
(http://www.icran.org/), the World Conservation Monitoring Center (http://www.unep-
wcmc.org/), Earthwatch (http://www.earthwatch.org/), and the Regional Seas Programme
(http://www.unep.org/regionalseas/).
The mechanism established by UNCLOS provides for four alternative means for the settlement of
disputes: the International Tribunal for the Law of the Sea, the International Court of Justice, an
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arbitral tribunal constituted in accordance with Annex VII to the Convention, and a special arbitral
tribunal constituted in accordance with Annex VIII to the Convention.
A State Party is free to choose one or more of these means by a written declaration to be made under
article 287 of the Convention and deposited with the Secretary-General of the United Nations
(http://www.itlos.org/fileadmin/itlos/documents/basic_texts/298_declarations_June_2011_english.p
df).
If the parties to a dispute have not accepted the same settlement procedure, the dispute may be
submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree.
International Court of Justice (ICJ) (http://www.icj-cij.org/) The ICJ, also known as the World
Court, is located in The Hague, Netherlands. Established in 1945 to replace the Permanent Court of
International Justice, it is the principal judicial body of the United Nations. The Court is composed
of 15 judges and its role is to settle contentious cases (disputes between states) and give advisory
opinions (at the request of selected UN bodies). All ICJ judgments delivered since the Court’s
inception are listed, along with information on the background of the Court, its current docket,
procedures, jurisdiction, and rules.
International Tribunal for the Law of the Sea (ITLOS) (http://www.itlos.org/) Located in Hamburg,
Germany, the Tribunal is an independent judicial body established in 1994 by UNCLOS to
adjudicate disputes arising out of the interpretation and application of the Convention. The
Tribunal is composed of 21 independent members and is open to States Parties to the Convention
and, in certain cases, to entities other than States Parties (such as international organizations and
natural or legal persons). All ITLOS judgments are listed, along with information on the
background of the Tribunal, its current docket, procedures, jurisdiction, and rules. Special
chambers of the Tribunal are the Seabed Disputes Chamber (having jurisdiction in disputes with
respect to activities in the International Seabed Area), the Chamber for Fisheries Disputes (available
to deal with disputes concerning the conservation and management of marine living resources), and
the Chamber for Marine Environment Disputes (available to deal with disputes relating to the
protection and preservation of the marine environment which parties may agree to submit to it).
The Statute of the International Tribunal for the Law of the Sea
(http://www.un.org/depts/los/convention_agreements/texts/unclos/annex6.htm) is contained in
Annex VI of UNCLOS.
A. International Agreements
The conservation and management of the living resources of the high seas are addressed in Section 2
of Part VII of UNCLOS. Article 116 confirms the right to fish on the high seas; Articles 117
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through 119 address the duties of states to adopt conservation measures and cooperate in the
conservation and management of the living resources of the high seas, and Article 120 addresses
marine mammals.
In addition to UNCLOS, the 1958 Convention on Fishing and Conservation of the Living
Resources of the High Seas
(http://www.ecolex.org/server2.php/libcat/docs/TRE/Full/En/TRE-‐
000141.pdf),
and the 1995 Fish Stocks Agreement
http://www.un.org/Depts/los/convention_agreements/convention_overview_fish_stocks.htm),
important global multilateral agreements governing the management of living marine resources
include:
● International Convention for the Regulation of Whaling (http://iwc.int/convention)
B. Preparatory Work
Documents prepared at the 1995 United Nations Conference on Straddling Fish Stocks and Highly
Migratory Fish Stocks, which resulted in the implementation of the 1995 Fish Stocks Agreement,
may be found at http://www.un.org/Depts/los/fish_stocks_conference/fish_stocks_conference.htm.
Additional information about this conference may be found in Structure and Process of the 1993-
1995 United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks at
http://www.fao.org/docrep/V9929E/V9929E00.htm.
C. International Organizations
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governing foreign fishing in waters under national jurisdiction. Coastal State Requirements for
Foreign Fishing, previously available in print, are now available electronically. The database can be
searched by maritime delimitations (territorial sea, fishing zone, exclusive economic zone) or by
country (for maritime delimitations, international agreements, conditions of access, framework of
fishing activities and penalties, as well as national legislation governing fishing activities).
The 1995 Fish Stocks Agreement requires that regional cooperation efforts be undertaken by the
States Parties to the Agreement. A number of regional fishery organizations have been established by
treaty, with the goal of regulating the amount of fish to be harvested on the high seas in the region
and allocating the catch among the nations in the region. The Fisheries and Aquaculture
Department of the FAO promotes the work of the Regional Fishery Bodies
(http://www.fao.org/fishery/rfb/en).
Some of the organizations have management powers; others serve in an advisory capacity.
Organizations with management powers are:
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● Agreement for the Establishment of the General Fisheries Commission for the
Mediterranean
(http://sedac.ciesin.org/entri/texts/fisheries.council.mediterranean.1949.html), entered into
force September 1949.
● Convention on Fishing and Conservation of the Living Resources in the Baltic Sea
and the Belts (http://www.jus.uio.no/english/services/library/treaties/06/6-02/fishing-baltic-
belts.xml )(the Gdansk Convention), signed on 13 September 1973.
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Today, more than 140 countries participate in 13 Regional Seas Programmes established under the
auspices of UNEP: Black Sea, Wider Caribbean, East Asian Seas, Eastern Africa, South Asian Seas,
ROPME Sea Area, Mediterranean, North-East Pacific, North-West Pacific, Red Sea and Gulf of
Aden, South-East Pacific, Pacific, and Western Africa. Six of these programs are directly
administered by UNEP. The Regional Seas Programmes function through an Action Plan. In most
cases the Action Plan is supported with a legal framework in the form of a regional Convention and
associated Protocols on specific problems. Furthermore, five partner programs for the Antarctic,
Arctic, Baltic Sea, Caspian Sea and North-East Atlantic Regions are members of the Regional Seas
family.
No convention
Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helsinki
Convention)
(http://ec.europa.eu/world/agreements/prepareCreateTreatiesWorkspace/treatiesGeneralData
.do?step=0&redirect=true&treatyId=543)
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Framework Convention for the Protection of the Marine Environment of the Caspian Sea
(http://www.tehranconvention.org/spip.php?article4)
Action Plan for the Protection and Development of the Marine and Coastal Areas of the East
Asian Region (http://www.cobsea.org/documents/action_plan/ActionPlan1983.pdf)
Convention for the Protection, Management and Development of the Marine and Coastal
Environment of the Eastern African Region
(http://www.unep.ch/regionalseas/main/eaf/eafconv.html)
Mediterranean (http://www.unep.org/regionalseas/programmes/unpro/mediterranean/default.asp)
Convention for the Protection of the Marine Environment and the Coastal Region of the
Mediterranean (Barcelona Convention) (http://www.unepmap.org/)
Convention for the Protection of the Marine Environment of the North-East Atlantic
(OSPAR)
(http://www.ospar.org/html_documents/ospar/html/OSPAR_Convention_e_updated_text_
2007.pdf)
Convention for Cooperation in the Protection and Sustainable Development of the Marine
and Coastal Environment of the Northeast Pacific (Antigua Convention)
(http://www.unep.org/regionalseas/programmes/nonunep/nepacific/instruments/nep_conve
ntion.pdf)
Action Plan for the Protection, Management and Development of the Marine and Coastal
Environment of the Northwest Pacific Region (http://www.nowpap.org/)
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Pacific (http://www.unep.org/regionalseas/programmes/nonunep/pacific/default.asp)
Convention for the Protection of Natural Resources and Environment of the South Pacific
Region (Noumea Convention)
(http://sedac.ciesin.org/entri/texts/natural.resources.south.pacific.1986.html)
Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment
(Jeddah Convention) (http://www.persga.org/Documents/Doc_62_20090211112825.pdf)
Kuwait Regional Convention for Cooperation on the Protection of the Marine Environment
from Pollution (http://ropme.org/uploads/protocols/kuwait_convention.pdf)
Convention for the Protection of the Marine Environment and Coastal Areas of the South-
East Pacific (Lima Convention)
(http://sedac.ciesin.org/entri/texts/marine.environment.coastal.south.east.pacific.1981.html)
Abidjan Convention for Co-operation in the protection and Development of the Marine and
Coastal Environment of the West and Central African Region
(http://sedac.ciesin.columbia.edu/entri/texts/marine.coastal.west.central.africa.1981.html)
Convention for the Protection and Development of the Marine Environment of the Wider
Caribbean Region (Cartagena Convention) http://www.cep.unep.org/cartagena-convention
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Several sections of UNCLOS are concerned with delineating the regions of the oceans over which
states may exercise varying degrees of sovereignty. These sections provide a balance of national
control with freedom of use by all nations. The 1994 Agreement relating to the Implementation of
Part XI of the United Nations Convention on the Law of the Sea supplements UNCLOS
(http://www.un.org/depts/los/convention_agreements/convention_overview_part_xi.htm).
B. National Laws
A. Online Catalogs
A good place to begin research is in an online catalog. Many law library online catalogs, especially in
the United States, use the Library of Congress classification system (outline at
http://www.loc.gov/catdir/cpso/lcco/). Possible subject headings to use when searching for law of the
sea materials include: Law of the Sea; Maritime Law; Marine Resources; Conservation and
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Development; Fisheries – International Cooperation; Economic Zones (Law of the Sea). Titles of
treaties and names of international organizations are also used as subject headings. WorldCat
(http://www.worldcat.org/) is a global catalog that allows searching of more than 10,000 library
catalogs.
Nordquist, United Nations Convention on the Law of the Sea 1982: A Commentary
(http://www.worldcat.org/title/united-nations-convention-on-the-law-of-the-sea-1982-a-
commentary/oclc/11971392&referer=brief_results)
Koers & Oxman, The 1982 Convention on the Law of the Sea: Proceedings, Law of the Sea
Institute Seventeenth Annual Conference (http://www.worldcat.org/title/1982-convention-on-the-
law-of-the-sea-proceedings-law-of-the-sea-institute-seventeenth-annual-
conference/oclc/10777782&referer=brief_results)
Rothwell, Eleferink, Oude, Scott & Stephens, The Oxford Handbook of the Law of the Sea
(https://www.worldcat.org/title/oxford-handbook-of-the-law-of-the-
sea/oclc/889183957&referer=brief_results)
C. Legal Periodicals
Available in print and in subscription databases online, journal articles can often be a rich source of
information on law of the sea issues. Several journals are devoted exclusively to the topic, for
example:
Law of the Sea Bulletin, published by the United Nations Division for Ocean Affairs and the Law of
the Sea. (http://www.un.org/depts/los/doalos_publications/los_bult.htm)
Ocean Development and International Law covers aspects of international and comparative law and
policy concerning the management of ocean use and activities.
(http://www.tandf.co.uk/journals/titles/00908320.asp)
International Tribunal for the Law of the Sea Yearbook provides information about the jurisdiction,
procedure and organization of the Tribunal and also about its composition and activities during the
year. (http://www.brill.nl/default.aspx?partid=227&pid=34690)
The International Journal of Marine and Coastal Law addresses all aspects of marine and coastal law.
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Ocean and Coastal Law Review covers issues of marine resource regulation, coastal zone
management, marine environmental protection, and other topics of importance in the field of ocean
and coastal law. (http://mainelaw.maine.edu/academics/oclj/) D. Legal Periodical Indexes
Many law reviews and other scholarly journals have made articles available on their websites.
The Social Science Research Network (SSRN) (http://www.ssrn.com) This research network aims to
disseminate social science research and has a number of specialized research networks in each of the
social sciences. The database is searchable or browseable.
F. Research Guides
G. Current Awareness
ASIL Insights, the "international law behind the headlines," provide brief, balanced accounts of the
international law issues raised by newsworthy late-breaking events. Insights, which are written as
international law events arise, are distributed to subscribers and posted on the ASIL website
approximately two times a month. (http://www.asil.org/insights)
To remain abreast of current developments, the websites of the international organizations listed in
this chapter are a source of newsletters, current awareness bulletins and papers presented at meetings.
In addition, other organizations track developments in the area.
International Union for the Conservation of Nature (IUCN) Marine and Polar Programme
(http://www.iucn.org/about/work/programmes/marine/)
*
Barbara Bean
has been a reference librarian at the Michigan State University College of Law since
2004. In addition to providing reference services and research support to students and faculty, she
teaches classroom and online courses in Advanced Legal Research. Prior to becoming a librarian, she
was an attorney specializing in bank financing at Milbank, Tweed, Hadley & McCloy and
O’Melveny and Myers, and served as American counsel to DeBrauw Blackstone Westbroek. She is a
member of the New York and California bars.
Barbara earned her A.B. from Vassar College and her J.D. from Georgetown University Law Center.
She received her M.S.I.S. from the State University of New York at Albany. She is a member of the
American Association of Law Libraries and has been active in the Academic Law Libraries and
Foreign Comparative and International Law special interest sections. She is the author of the
International Environmental Law and International Air, Space and Water categories of the
Electronic Information System for International Law (EISIL). She has also contributed research
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guides on Transboundary Freshwater Treaties and Other Resources and Researching the Vienna
Convention on Consular Relations Notification Requirements to the Globalex database at the
Hauser Global Law Program at the New York University School of Law.
23
e-RG
Electronic Resource Guide
Private
International Law
Don Ford *
This page was last updated August 2, 2013.
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by students,
teachers, practitioners and researchers as a self-guided tour of relevant, quality,
up-to-date online resources covering important areas of international law. The
ERG also serves as a ready-made teaching tool at graduate and undergraduate
levels.
2
This page was last updated August 2, 2013.
I. Introduction
V. Regional Harmonization
I. Introduction
Private international law is the body of conventions, model laws, national laws, legal guides, and
other documents and instruments that regulate private relationships across national borders. Private
international law has a dualistic character, balancing international consensus with domestic
recognition and implementation, as well as balancing sovereign actions with those of the private
sector. United States domestic law’s nearest equivalent to private international law would be
interstate “conflict of laws” or “choice of laws.”
This chapter will examine accessible electronic resources maintained by international organizations,
governments, universities and scholarly groups, trade organizations, and commercial information
services. All hypertext links are correct as of the date of last revision.
This section describes the principal international organizations involved in private international law.
Each of these organizations maintains an Internet site, which contains information about their
current work and archives earlier documents, as well as status information on their conventions.
3
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The Hague Conference Web site contains the full text, status, bibliographic information, and
explanatory reports (where available) about its work, including:
4
This page was last updated August 2, 2013.
The Hague Conference also maintains lists of Central Authorities designated under a number of
conventions (http://www.hcch.net/index_en.php?act=authorities.listing).
B. UNCITRAL
• United Nations Convention on Contracts for the International Sale of Goods (CISG)
(http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html),
• 1958 "New York" Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (the “New York” Convention)
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html).
Most of the UNCITRAL site contents are available in English, French, Spanish, Arabic, Chinese
and Russian - the six official languages of UNCITRAL.
In addition to conventions and similar instruments that are enacted at the international level by
states, UNCITRAL furthers the harmonization of international trade law through the creation of
model laws and legal guides designed to inform domestic legislative drafters. Perhaps the best
example is the UNCITRAL Model Law on the Procurement of Goods, Construction and Services
with Guide to Enactment (1994)
(http://www.uncitral.org/uncitral/en/uncitral_texts/procurement_infrastructure/1994Model.html).
Other UNCITRAL efforts are directed at private commercial parties, such as the well-known
UNCITRAL Arbitration Rules
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1976Arbitration_rules.html) and the
UNCITRAL Notes on Organizing Arbitral Proceedings
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1996Notes_proceedings.html).
5
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(http://www.uncitral.org/uncitral/en/commission/working_groups.html):
• Working Group I
(http://www.uncitral.org/uncitral/en/commission/working_groups/1Procurement.html)
which has recently completed its work on the UNCITRAL Model Law on Public
Procurement (2011)
(http://www.uncitral.org/uncitral/en/uncitral_texts/procurement_infrastructure/2011Model.
html) and a Draft Guide to the Enactment of the UNCITRAL Model Law on Public
Procurement (2012)
(http://www.uncitral.org/pdf/english/texts/procurem/construction/Final-MU-
CONSOLIDATED-Guide-post-WG-session-may-2012.pdf).
• Working Group II
(http://www.uncitral.org/uncitral/en/commission/working_groups/2Arbitration.html)
currently deals with the topic of international arbitration and conciliation.
• Working Group IV
(http://www.uncitral.org/uncitral/en/commission/working_groups/4Electronic_Commerce.
html) currently deals with the topic of electronic commerce.
• Working Group V
(http://www.uncitral.org/uncitral/en/commission/working_groups/5Insolvency.html)
currently deals with the topic of insolvency law.
• Working Group VI
(http://www.uncitral.org/uncitral/en/commission/working_groups/6Security_Interests.html)
currently deals with the topic of security interests.
Each Working Group section contains drafts and preparatory documents that reflect the progress
towards a finished document.
The UNCITRAL Web site is regularly updated. Persons interested in the work of UNCITRAL may
obtain information regarding commission sessions
(http://www.uncitral.org/uncitral/en/commission/sessions.html), vacancies and internships
(http://www.uncitral.org/uncitral/en/vacancies_internships.html), and technical assistance and
coordination (http://www.uncitral.org/uncitral/en/technical_assistance_coordination.html)
6
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A useful feature of the UNCITRAL Web site is the Documents and Symbols page
(http://www.uncitral.org/uncitral/en/types_symbols.html) which discusses the types of documents
produced by UNCITRAL and provides an explanation of the document symbols assigned to
UNCITRAL documents. Similarly, the bibliography of recent writings relating to the work of
UNCITRAL (http://www.uncitral.org/uncitral/en/publications/bibliography.html) sets forth
bibliographic references compiled by the Secretariat from 1993 to present, and is now regularly
updated as new material is received. As a general aid, the United Nations Dag Hammarskjöld
Library has a research guide (http://www.un.org/Depts/dhl/resguide/) providing information on
United Nations documents, which is useful when consulting UNCITRAL materials.
7
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uniform law instruments, principles and rules to achieve those objectives." English and French, the
working languages of UNIDROIT, are both represented on its Internet site, which includes full text
and status information concerning UNIDROIT Conventions such as the:
One of the best-known accomplishments of UNIDROIT in recent years is the creation of the
UNIDROIT Principles of International Commercial Contracts
(http://www.unidroit.org/english/principles/contracts/main.htm). The Principles represent general
rules of commercial contract law derived from various legal systems, and may be used by private
parties as the law governing their contracts, as a supplementary source to be used in conjunction
with the CISG, and as a codification of lex mercatoria for arbitration.
The UNIDROIT Web site also includes status information on UNIDROIT Conventions
(http://www.unidroit.org/english/implement/i-main.htm), information on current projects
(http://www.unidroit.org/english/workprogramme/main.htm), and Internship or Secondment
opportunities (http://www.unidroit.org/dynasite.cfm?dsmid=90060).
8
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There are a number of Web sites relating to the international sale of goods and UNCITRAL's
Convention on Contracts for the International Sale of Goods (CISG)
(http://www.uncitral.org/pdf/english/texts/sales/cisg/V1056997-CISG-e-book.pdf). A particularly
valuable resource is the Pace database on the CISG (http://cisgw3.law.pace.edu/) produced by the
Pace Law Library and the Pace University School of Law Institute of International Commercial Law.
The database contains the complete annotated table of contents and text of the CISG
(http://cisgw3.law.pace.edu/cisg/text/cisg-toc.html), with hyperlinks from each individual article to
its drafting history, along with interpretive case law and bibliographic references to scholarly writing.
The Web site reports over 2000 cases on the CISG and provides a searchable database
(http://cisgw3.law.pace.edu/cisg/search-cases.html). The Pace database also includes information on
the annual Willem C. Vis International Commercial Arbitration Moot on the CISG
(http://cisgw3.law.pace.edu/vis.html), held in Vienna, and the annual Willem C. Vis (East)
International Commercial Arbitration Moot held in Hong Kong.
An important online resource for international sales law is the UNILEX (http://www.unilex.info/)
collection of case law and bibliographies on the CISG and the UNIDROIT Principles. The
UNILEX database includes both case abstracts and the full text of decisions.
• CISG - Spain and Latin America database of the Universidad Carlos III de Madrid
(http://turan.uc3m.es/uc3m/dpto/PR/dppr03/cisg/), which contains the Spanish language
text of the CISG, along with CISG case law from Mexico, Argentina, Spain, and other
countries; and
9
This page was last updated August 2, 2013.
The American Arbitration Association (http://www.adr.org) is the primary private arbitral authority
in the United States. The AAA has promulgated rules and procedures (http://www.adr.org/arb_med)
and serves as an administering body for the arbitration process, including acting as an appointing
authority for arbitrators, if necessary, as well as providing resources needed to commence the ADR
process (http://www.adr.org/fileacase) such as filing and managing cases online, online access to cases
and calendar for neutrals, etc. Like other institutional arbitral bodies, the AAA maintains a Mediator
Profile (http://www.mediatorindex.com/) giving useful information such as field expertise, number
of years as a mediator and number of cases mediated, locale, and language.
10
This page was last updated August 2, 2013.
World Bank, was established under the Convention on the Settlement of Investment Disputes
between States and Nationals of other States
(https://icsid.worldbank.org/ICSID/StaticFiles/basicdoc/partA.htm). The Web site provides access
to Decisions and awards
(https://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&reqFrom=Main&actionV
al=OnlineAward) and at least excerpts of the legal reasoning of the Tribunal if consent of both
parties to publish awards is not given. It also provides access to a very useful list of bilateral
investment treaties (BITs)
(https://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDPublicationsRH&actionVal=
ViewBilateral&reqFrom=Main)
V. Regional Harmonization
This section describes the principal efforts in harmonizing private law on a regional basis.
The EU harmonizes the private international law of its member nations through the development of
conventions, directives, and regulations. An initiative to create a European Civil Code is also
underway.
11
This page was last updated August 2, 2013.
of 6th May 1994 whereby the European Parliament summoned the legal academic
community to take on the task of the creation of a European Code of Private Law. The Web
site provides their work-in-progress and information on their methodology.
Other useful Web sites for European harmonization of private law are:
• Practical Handbook on European Private International Law (European Unon Civil Justice
Program; German Foundation for International Legal Cooperation; Romanian Ministry of
Justice)
(http://ec.europa.eu/justice/civil/files/practical_handbook_eu_international_law_en.pdf).
The Practical Handbook is a primer on European Private International Law, using a black
letter format supplemented with specific illustrations from relevant judicial decisions.
Under the auspices of the Organization of American States, Inter-American Specialized Conferences
on Private International Law (known by the Spanish Acronym as CIDIPs)
(http://www.oas.org/dil/private_international_law.htm) play a central role in the harmonization and
codification of Private International Law in the Western Hemisphere. Six Conferences have been
held in various cities in the Americas:
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The instruments adopted fall into four general categories of private international law:
OHADA (http://www.ohada.org/) started the legal unification process in Africa in October 1992
with the cooperation of the head of states of sixteen OHADA countries. The first OHADA treaty—
Treaty on the Harmonization of Business Law in Africa
(http://www.ohadalegis.com/anglais/traiteharmonisationgb.htm) - was signed in Mauritius in
October 1993. The OHADA.com Web site (http://www.ohada.com/) disseminates information
regarding the ongoing works of OHADA. In addition to treaties, OHADA is also creating uniform
acts (http://www.ohada.com/actes-uniformes.html), such as the Uniform Act Relating to General
Commercial Law. The treaties and uniform acts are accessible to the general public. The "Case
13
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Law," "Doctrine," and "Bibliography" sections are only available to OHADA members.
The State Department Office of the Assistant Legal Adviser for Private International Law (L/PIL)
(http://www.state.gov/s/l/c3452.htm) has primary responsibility for coordinating US efforts in the
development of private international law. Practitioners, corporate counsels, scholars, and
government attorneys participate in the private international law harmonization process through
membership in the Secretary of State's Advisory Committee on Private International Law,
specialized study groups, and delegations to UNCITRAL, UNIDROIT, the Hague Conference, and
the OAS Inter-American Conferences on Private International Law (CIDIP). L/PIL draws heavily
on the private sector for sectoral expertise and works closely with the National Conference of
Commissioners on Uniform State Laws (NCCUSL) (http://uniformlaws.org/Default.aspx) and
members of the American Law Institute (ALI) (http://www.ali.org/), among others.
The Office of the Legal Adviser (http://www.state.gov/s/l/) maintains a central Web page.
The two most widely-accepted commercial legal databases in the United States are LEXIS
(http://www.lexis.com) and WESTLAW (http://www.westlaw.com/).
Both LEXIS and Westlaw include case law and legislation on international commercial law
(primarily from the United States); some treaty materials; European Union materials; information
on GATT and the WTO; international law journals; and ASIL publication International Legal
Materials (ILM) (http://www.asil.org/ilm.cfm).
HeinOnline (http://home.heinonline.org/) has added (Summer 2013) the Parker School of Foreign
& Comparative Law Publications (http://heinonline.org/HeinDocs/ParkerSchool.pdf). The Parker
School materials include, inter alia: Charles Szladits’ Bibliography on Foreign and Comparative Law
Books and Articles in English; American-Australian Private International Law (Zelman Cowen);
America-Belgian Private International Law (Georges van Hecke & Nina Moore Galston); American-
Brazilian Private International Law (Paul Griffith Garland); American-Colombian Private
International Law (Phanor J. Eder); American-Venezuelan Private International Law (Richard S.
Lombard & Nina Moore Galston).
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• Jean M. Wenger, ASIL Guide to Electronic Resources for International Law: International
Economic Law (http://www.asil.org/iel1.cfm) provides links to important and current
sources of information for international economic law.
• Gloria Miccioli, ASIL Guide to Electronic Resources for International Law: International
Commercial Arbitration (http://www.asil.org/erg/?page=arb)
• Czech Yearbook of Public & Private International Law (http://www.cyil.eu/) (web access to
selected articles)
Private international law associations, institutes, and resources outside the United States of America
15
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*
Don Ford is Foreign, Comparative, and International Law Librarian and Adjunct Faculty Member
at the University of Iowa College of Law.
16
e-RG
Electronic
Resource
Guide
Researching Public
International Law
Kelly Vinopal*
This page was last updated May 1, 2015
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by
students, teachers, practitioners and researchers as a self-guided tour of relevant,
quality, up-to-date online resources covering important areas of international
law. The ERG also serves as a ready-made teaching tool at graduate and
undergraduate levels.
2
This page was last updated May 1, 2015
I. Introduction
A. Treaties
D. Writings of Publicists
E. Judicial Decisions
I. INTRODUCTION
Public international law is traditionally defined as the law between sovereign nation-states,
hereinafter, states, especially within the context of the laws of war, peace and security, and protection
of territories. While these concerns of international law remain paramount among states today, the
classic definition of public international law has expanded to include a more diverse group of
subjects and a broader scope of activities.
3
This page was last updated May 1, 2015
In addition to states as subjects of international law, other participants engaged in international law
activities and its development include private entities, individuals, and international organizations.
Treaty instruments associated with different actors or subjects of international law include the
following:
● Montevideo Convention on the Rights and Duties of States, December 26, 1933,(
http://avalon.law.yale.edu/20th_century/intam03.asp). Article I of the Convention reads,
“The state as a person of international law should possess the following qualifications: a) a
permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into
relations with other states.”
● Convention for the Amelioration of the Condition of the Wounded in Armies in the
Field. Geneva, August 22, 1864 (http://avalon.law.yale.edu/19th_century/geneva04.asp).
The International Committee of the Red Cross (ICRC) (https://www.icrc.org/eng), is a
private, independent entity created in 1863 to promote international humanitarian laws
under the Geneva Conventions.
The traditional definition of international law has also broadened in scope to include additional
topics or branches of international law. As illustrated in the dates of the instruments listed above, the
body of human rights law did not formally develop until after World War II. Recognition of
international organizations having ‘legal personality’ and capacity to enter into treaties is reflected in
the 1986 instrument.
Newer and emerging areas of international law often involve an intersection between two or more
branches of international law, for example, international humanitarian law impacts the protection of
cultural property and environmental law. For detailed research guidance on individual topics of
public and private international law, see other chapters of the Guide (http://www.asil.org/erg/).
The focus of the present chapter of the ASIL Electronic Research Guide is on researching public
international law through its documentation, literature, and other resources.
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Several unique features distinguish international law research from researching law of domestic legal
systems. These features relate to non-hierarchical legal authority, the interaction of international and
national law, and language considerations.
The absence of a central legislative body and hierarchical judicial authority is unique to international
law. The largest international organization is the United Nations (UN) which currently has 193
member states (https://www.un.org/en/). Resolutions and declarations of the UN and other
international organizations are non-legally binding instruments and do not create legal obligations
for States. Additional information about the role of “soft law” instruments in international law
development is provided in section III. F of this chapter.
The jurisprudence of international law consists of case law from a variety of international courts and
tribunals. With the exception of courts like the World Trade Organization (WTO) arbitral chamber
and appellate courts or, the appellate character that may exist in courts of regional institutions like
the European Union (EU), there is no high court in international law. The International Court of
Justice (ICJ), the judicial organ of the United Nations, is named the World Court; however, it is not
a hierarchical or appellate court. The decisions of the ICJ are only binding on the states that have
agreed to its jurisdiction. Still, ICJ decisions, like decisions of other international and national
courts, may be consulted or referenced as persuasive authority.
A unique dimension of researching international law relates to the way in which national legal
systems incorporate, implement, or apply international law in their domestic or municipal law.
Thus, in addition to researching resources of international law, research in national law materials
such as legislative acts and judicial decisions may be necessary. For further information on
researching national law, see Section III.B. Customary International Law in this chapter.
Given the multilateral participation of member states in international law, resources and documents
may be available in selected languages only. In the event the researcher is met by language limitations
in accessing certain materials, translations and works from different legal systems and perspectives
must be identified, if available and affordable. Information regarding translations is provided in
section VII. of this chapter.
French has historically been the dominant language used in international relations and diplomacy
and also, documents of international law. Since WWII, English language versions or translations
became more commonplace. Translations for multilateral instruments deposited with the UN are
available in Arabic, Chinese, English, French, Russian, and Spanish.
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Initial Search Strategy
One general note that applies to researchers new to a particular area of international law is the role of
secondary resources in the research process. Even in an increasingly internet-dominant research
environment, consulting authoritative texts and other secondary resources continues to be an
important and time saving step for several reasons. Secondary resources: 1) provide a solid,
foundational understanding of the subject, 2) identify the principal instruments, significant court
decisions, and other relevant documents in the topic area along with corresponding citation
information, 3) provide discussion and analysis of known customary law, legal principles, and
norms, 4) introduce and define important terms and concepts, and, 5) allow the researcher to
perform online searches more effectively by constructing searches using known terms of art and
alternate search terms.
A general note applicable to the research process is the importance of understanding the scope of a
particular work, dates of coverage, and unique features. A quick review of the explanation of the
resource remains a key part of the research process. For electronic resources consult the “about”
pages for this information.
Among the objectives member states of the UN outlined in the preamble of the UN Charter
(http://www.un.org/en/documents/charter/), was “to establish conditions under which justice and
respect for the obligations arising from treaties and other sources of international law can be
maintained.” The International Court of Justice (ICJ), the judicial body of the UN, identifies the
sources of international law in the (ICJ) Statute, Article 38 (http://www.icj-cij.org/documents/). The
statute reads as follows:
“The Court, whose function is to decide in accordance with international law such disputes as are
submitted to it, shall apply:
d. subject to the provisions of Article 59, 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.”
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Although the ICJ statute speaks to the sources applied specifically by the World Court and not
necessarily applied by other international courts or arbitral bodies, ICJ Article 38 sources are
commonly referred to when discussing the ‘sources of international law.’
Since the time the ICJ statute was concluded and entered into force in 1945, there has been a
dramatic growth in the development of international organizations and nongovernmental
organizations. In 1948, there were 40 nongovernmental organizations having consultative status
with the United Nations Economic and Social Affairs as compared to over 4,000 in recent years
(http://esa.un.org/coordination/ngo/new/index.asp?page=table2007).
Scholarship provides newer views and perspectives on the sources of international law, for examples
see, Why State Consent Still Matters - Non-State Actors, Treaties, and the Changing Sources of
International Law, in Berkeley Journal of International Law, Vol. 23, pp. 137-174 (2005)
(http://www.heinonline.org). Additional views regarding this topic may be further researched using
the resources identified in section IV, Texts and Journals in this chapter.
Supplemented with the practice of international organizations, the sources of law identified in ICJ
Article 38 provide a useful framework for identifying and describing the resources used in
researching international law. Discussion of the representative resources associated with the sources
of international law follows the table below.
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Restatement of Law
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declarations
resolutions
guidelines
recommendations
III. A. TREATIES
Treaties are the most familiar source of international law between two or more sovereign states,
usually consisting of a formal written and signed document. The Treaty of Kadesh or Qadesh 1258
BCE (http://www.reshafim.org.il/ad/egypt/ramses-hattusili-treaty.htm) is recognized as one of the
first written diplomatic peace accords between two leading military powers in Egypt, Hattusili III of
the Hittite Empire and Ramses II of Egypt.
Treaty law making typically proceeds through a series of steps including negotiation, drafting,
adoption, signature, and ratification of the instrument. An officially designated representative of the
government or ministry who serves as a plenipotentiary or agent for the state usually performs these
functions. Article 7 of the Vienna Convention on the Law of Treaties (VCLT)
(http://legal.un.org/avl/ha/vclt/vclt.html) specifies the rules on who can represent a state in the
capacity of concluding and adopting a treaty. The UN Protocol and Liaison Service
(http://www.un.int/protocol/) maintains a list of Heads of State, Government & Ministers for
Foreign Affairs.
Treaties are binding only on the parties who have signed and ratified the treaty. Non-signatories may
consent to treaty obligations by accession to the treaty. Amendments to treaties are in the form of
protocols. Signatories to the original treaty may or may not elect to sign and ratify a later protocol.
Treaty texts consist of numbered articles to define and lay out the obligations of contracting states.
The treaty also specifies the number of states required to ratify the treaty before it is entered-into-
force (EIF). A preamble, introductory note, or chapeau may precede the treaty text; these are
nonbinding elements of the treaty. A codicil and annex may also be appended to the document.
Bilateral Treaties
Bilateral treaties are often contractual agreements between two parties and represent the largest
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number of agreements between States, as compared to the over 500 multilateral treaties deposited
with the UN. In addition to peace treaties, other concerns featured in bilateral instruments relate to
air transport and Open Skies agreements, bilateral investment treaties (BITs), bilateral tax treaties,
and treaties involving mutual assistance in criminal matters.
Treaty finding tools for locating bilateral instruments are limited. In addition to resources
containing both bilateral and multilateral treaties listed below, researchers may also look to the
foreign ministry website of one of the contracting parties to the treaty. Member states of the UN are
required to deposit treaty texts with the UN Office of the Legal Adviser, so the UN Treaty
Collection database can also be searched. Topic based treaty collections may also be available. For
additional information on researching bilateral treaties, see topic-based chapters of the Guide
(http://www.asil.org/resources/electronic-resource-guide-erg).
Multilateral Treaties
Multilateral treaties may establish a new international organization, institution or regime such as the
European Union (http://eur-lex.europa.eu/homepage.html) or the
Multilateral treaties also demonstrate support of international norms and rules by looking at
ratification by member states. Examples of treaties receiving broad multilateral support include the
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on Their Destruction (http://legal.un.org/avl/ha/cpusptam/cpusptam.html) and the
Vienna Convention on Diplomatic Relations (http://legal.un.org/avl/ha/vcdr/vcdr.html).
Multilateral agreements, a list of signatories, and status information are usually posted on the website
of the depositary - the custodian of the treaty text and related documentation. Depositaries are
designated by the negotiating states and may be states or international organizations, see Vienna
Convention on the Law of Treaties
(http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf). The UN serves as
depositary for over 500 multilateral treaties (http://treaties.un.org/pages/UNTSOnline.aspx?id=1).
Researchers have come to rely on web-based resources for both current and archival documents. This
research practice is especially true for finding multilateral treaties. A number of government,
commercial, and open access treaty resources are available. Please note specific dates of coverage for
each resource.
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Treaty Resources
UN Treaty Handbook
(https://treaties.un.org/pages/Publications.aspx?pathpub=Publication/TH/Page1_en.xml)
The Handbook provides an overview to the depositary practice of the Secretary-General and the
registration practice of the United Nations Secretariat. The UN site also has a glossary of treaty
terms and information on key multilateral treaty events.
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Consolidated Treaty Series (http://www.worldcat.org/title/consolidated-treaty-series/oclc/83656)
This series includes bilateral and multilateral texts from the Treaty of Westphalia in 1648 through
1918.
The EISIL portal of multilateral treaties is organized by treaty secretariat, international organization
and region. Also see treaties included in specific topic categories in EISIL (http://www.eisil.org).
HeinOnline’s United Nations Law Collection (www.heinonline.org) The UNTS and League of
Nations treaties are fully searchable by keyword, popular name, registration number, citation, place
of signature, and other search options. Search results include links to other UN materials available
on HeinOnline.
International Legal Materials (ILM) (www.asil.org/) ILM includes selected bilateral and multilateral
treaty texts including those that have been concluded but not yet entered into force. Coverage is
from 1962 – present. This title is also available on HeinOnline (www.heinonline.org) and JSTOR
(www.jstor.org).
For a list of frequently cited treaties with corresponding citation information and links to full-text
treaty documents, see Frequently Cited Treaties and Other International Instruments
(http://library.law.umn.edu/researchguides/most-cited.html).
See other chapters of the Guide for treaty collections related to specific topic areas of international
law (http://www.asil.org/erghome.cfm).
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Codification Projects
For additional background on the ILC and earlier codification projects see Introduction to the ILC
Statute (http://untreaty.un.org/cod/avl/ha/silc/silc.html) and Historical Survey of Development of
International Law and its Codification by International Conferences
(http://untreaty.un.org/ilc/documentation/english/ASIL_1947_study.pdf). A listing of UN
committees and bodies involved in drafting instruments or codification includes links to committee
materials and publications (http://www.un.org/law/lindex.htm).
Secondary texts on codification projects are also available, see especially, James Crawford,
International Law Commission’s Articles on State Responsibility: introduction, text, and
commentaries (http://www.worldcat.org/oclc/48249066&referer=brief_results).
The working papers prepared during the drafting and negotiation of treaty instruments for selected
UN instruments may be identified using UN-I-QUE: United Nations Info Quest (http://lib-
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unique.un.org/DPI/DHL/unique.nsf?Open) or Official Document System (ODS)
(http://www.un.org/en/documents/ods/). Preparatory documents may also be available on the
website of the treaty secretariat or the international organization that sponsored the treaty. The
International Law Commission (ILC) Yearbook has documents prepared on the ILC's work in
drafting specific conventions (http://www.un.org/law/ilc/). See also, Draft Articles on the Law of
Treaties with Commentaries 1966 (http://legal.un.org/ilc/texts/1_1.htm).
Published works on drafting history may also be available, for example, see Shabtai Rosenne’s, The
Law of Treaties; a Guide to the Legislative History of the Vienna Convention
(http://www.worldcat.org/title/law-of-treaties-a-guide-to-the-legislative-history-of-the-vienna-
convention/oclc/127734&referer=brief_results).
Treaty documents and related information are often posted on the treaty section of the state’s official
website, several examples are provided below.
Czech Republic (http://www.mzv.cz/jnp/cz/) The Ministry of Foreign Affairs of the Czech Republic
features a database of international instruments
(http://www.mzv.cz/jnp/cz/zahranicni_vztahy/mezinarodni_smlouvy/index.html). Information on
foreign relations, diplomatic missions and other topics is available in both Czech and English. Treaty
documents are in Czech.
National Treaty Law and Practice, edited by Duncan B. Hollis, Merritt R. Blakeslee and L.
Benjamin Ederington (http://www.worldcat.org/oclc/57750117&referer=brief_results).
Government legal advisers and treaty experts from 15 nations convened to explore treaties from a
national perspective, that is, “who states authorize to negotiate them, what roles various state
branches of government had in their formation, and what steps states took under their domestic law
to implement them.” Also see the essay, A Comparative Approach to Treaty Law and Practice
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=790926).
Sources of State Practice in International Law, 2nd Revised Edition, edited by Ralph F. Gaebler and
Allison A. Shea (https://www.worldcat.org/title/sources-of-state-practice-in-international-
law/oclc/884588256?referer=di&ht=edition).
Provides information related to treaty implementation and diplomatic activities of jurisdictions
around the world.
Customary international law includes both state practice and opinio juris, a practice followed by a
state’s belief in its legal obligation to act in ways consistent with the rule of law.
Resources available for researching and identifying evidence of state practice and general principles of
law include compilations of state practice collected by country or subject area, and national law
materials. Due to the variety of publication practices among states in making documents and laws
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available, an ad hoc research approach is usually required and may involve consulting both print and
electronic, and official and unofficial resources.
Digests and yearbooks consist of a collection of documents, decisions, and legislative developments
related to international law for a particular country or topic. Societies of international law may
produce a journal that functions, in part, as a yearbook or digest of international law developments.
These titles may be released on yearly or more frequent basis. Representative examples of yearbooks
by states, international organizations, and topic are below.
Selected digest and yearbook titles are also available on HeinOnline (www.heinonline.org).
Additional titles may be identified using OCLC WorldCat (www.worldcat.org/advancedsearch).
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Compilations of State Practice - Topic
Resources collecting state practice on specific subject areas are increasingly available. Examples of
some of the many excellent web-based resources that identify and collect national laws on specific
topics are provided below.
For research guidance on topic-based resources see the specialized chapters of the Guide
(http://www.asil.org/resource/home.cfm).
Researching national legal materials is necessary to identify implementing treaty legislation as well as
domestic judicial decisions concerning international law. Below are some initial resources for
researching common law and civil legal systems.
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Global Legal Information Network (GLIN)
As of mid-2014, GLIN is no longer available. Access to primary sources and other content may be
available through the Law Library of Congress, Guide to Law Online.
One approach to quickly identifying resources by jurisdiction is to consult one of the Citation
Guides referenced in this chapter of the Guide.
General principles of law derive from state practice and possess a less definable character as compared
to other sources of international law. Classic examples of principles are equity, comity, fairness, and
good faith. Like customary international law, general principles develop over time and their
“identification, appraisal, content, ranking, enforceability, and applicability are the subject of
different scholarly and judicial perceptions,” see, Cherif Bassiouni, A Functional Approach to
General Principles of International Law, Michigan Journal of International Law, Vol. 1, pgs. 768-
818 (1989-1990). As characterized in 1963 by Marjorie Whiteman, a former US legal advisor:
“While international law is comparatively clear and definite in many of its aspects, in others it is
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unclear and uncertain. It may be that a particular norm or principle, far from being its zenith, may
be either in its ascendancy or in its descendancy as international law. Further, the degree of
acceptance of a particular practice may vary within a particular period. “ See Whiteman, Digest of
International Law, Vol. 1, Preface III (1963)
(http://www.worldcat.org/oclc/4041817&referer=brief_results).
Given the evolving nature of general principles and customary international law, there is a less
discrete set of resources associated with researching this source of international law. Researchers may
look to some of the same resources used to research customary international law, i.e., official
government pronouncements and foreign policies, and ratification of multilateral treaties and
declarations. Scholarly writings on general principles are also an important resource, several titles
appear below.
Cheng, Bin, General Principles of Law Applied by International Courts and Tribunals
(http://www.worldcat.org/oclc/22678749?referer=di&ht=edition)
Additional discussion of principles is available in resources listed in sections IV. Texts and Journals
of this chapter. For guidance on researching topic-based areas of international law, consult the
specialized chapters of the ERG (http://www.asil.org/resource/home.cfm).
The scope of the ICJ source of international law, “writings of publicists” includes authoritative
writings by well-regarded scholars and jurists. In addition to the examples presented below, authors
of some of the classic texts identified in section IV, Text and Treatises of this chapter may be
considered ‘publicists.’ Such writings may continue to be referenced in recent works for how well
the writer embraces a topic and decodes complex and nuanced themes in international law.
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International Law Association (http://www.ila-hq.org/) Founded in Brussels in 1873, the
International Law Association (ILA) is an international organization devoted to the study and
development of public and private international law. ILA branches are located throughout the world.
Information about events including the biennial meeting is available from this website. ILA also
makes available the ILA Conference Reports and works of current and former Committees
(http://www.ila-hq.org/en/committees/index.cfm) and study groups (http://www.ila-
hq.org/en/committees/study_groups.cfm).
There are also institutes devoted to studying specific areas of national law. Examples of national
institute projects with an international law focus are listed below.
American Law Institute (ALI) (http://www.ali.org/) The American Law Institute is a scholarly,
independent organization in the United States which is most known for its Restatements of US law
including, The Restatement of the Law on Foreign Relations
(http://www.ali.org/index.cfm?fuseaction=publications.ppage&node_id=33). Tentative drafts are
prepared as part of the drafting cycle of restatements
(http://www.ali.org/index.cfm?fuseaction=projects.drafting). A cumulative supplement of case
citations is released annually. Currently under development is The Restatement of Law on
International Commercial Arbitration
(http://www.ali.org/index.cfm?fuseaction=projects.proj_ip&projectid=20).
Judicial decisions are a ‘subsidiary’ source for identifying evidence of customary law under ICJ
Statute Art. 38. International courts may be established by treaty or created ad hoc through
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agreement between a government and state to adjudicate specific disputes.
Court websites are a reliable resource for locating full text decisions, rules of court, judicial
biographies, current awareness, and other materials. Print reporters may also be available and
researchers may need to consult both formats if there are differences in content, i.e., digest or full
text versions, access to accompanying maps, or other information. Texts featuring commentary on
judicial decisions are also available, for example see, Landmark Cases in International Law by Eric
Heinz and M. Fitzmaurice (http://www.worldcat.org/oclc/22678749?referer=di&ht=edition).
The International Court of Justice (ICJ) (http://www.icj-cij.org/), also known as the World Court, is
located in The Hague, Netherlands and was established in 1946 to replace the Permanent Court of
International Justice (PCIJ). The ICJ is the principal judicial body of the UN and hears contentious
cases by states agreeing to its jurisdiction. A majority of the cases involve territorial disputes, though
other substantive areas are represented in its jurisprudence. The Court also issues advisory decisions
at the request of selected UN bodies.
Provided by The Max Planck Institute for Comparative Public Law and International Law, this
resource is a searchable digest of judgments, advisory opinions, and orders of the ICJ. Information
on jurisdiction, procedure, and individual judges of the ICJ is also provided.
Among the many arbitral courts is the Permanent Court of Arbitration (PCA) (http://www.pca-
cpa.org/) established by the 1899 Convention for the Pacific Settlement of International Disputes.
The PCA provides dispute resolution services to states, organizations, and private parties. For
guidance on researching arbitration and economic law see chapters on International Commercial
Arbitration (http://www.asil.org/resource/arb1.htm) and International Economic Law
(http://www.asil.org/resource/iel1.htm) chapters in this Guide.
International Tribunal of the Law of the Sea (ITLOS) (http://www.itlos.org/) The ITLOS website
contains information about the tribunal established by the UN Convention on the Law of the Sea
(UNCLOS). Proceedings, judgments, basic texts, documents, and news updates are available from
the website. For more detailed research on this topic, see the chapters on the Law of the Sea
(www.asil.org/erg/?page=los) and International Environmental Law in this Guide
(http://www.asil.org/env1.cfm).
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The web sites of temporary courts like the International Criminal Tribunal for the Former
Yugoslavia (ICTY) (http://www.un.org/icty/index.html), the International Criminal Tribunal for
Rwanda (ICTR) (http://www.un.org/ictr/) have basic legal documents, judgments, press releases and
information about publications. For more information about international criminal law research see
the International Criminal Law chapter (http://www.asil.org/crim1.cfm) and International
Humanitarian Law (http://www.asil.org/ihl1.cfm) chapters of this Guide.
Cases regarding human rights violations are presented before various regional courts and UN bodies
including the European Court of Human Rights
(http://www.echr.coe.int/Pages/home.aspx?p=home&c=), the Human Rights Committee
(http://www2.ohchr.org/english/bodies/hrc/index.htm), and the Inter-American Court of Human
Rights (http://www.cidh.oas.org/DefaultE.htm). For more detailed information on researching
human rights, see the Human Rights chapter of this Guide (http://www.asil.org /humrts1.cfm).
In addition to individual international court and tribunal web sites, several resources provide
coverage of more than one court.
2. National Courts
Resources on the role of judicial decisions may be found in library catalogs under the following
subject headings: municipal law, domestic law and national law. For resources that provide
information on accessing decisions of domestic courts see the section III.B., Customary International
Law in this chapter of the Guide.
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Representative texts helpful for background on municipal law include the Role of National Courts in
the International Legal Process in Rosalyn Higgins, International Law and How We Use It,
(http://www.worldcat.org/oclc/28926148&referer=brief_results) and International Decisions in
Domestic Courts, by Thomas Frank and Gregory Fox
(http://www.worldcat.org/oclc/33407858&referer=brief_results).
Case Reports
Judgments of national courts are also part of the coverage in International Law Reports (ILR)
(http://www.lcil.cam.ac.uk/publications/international-law-reports). An online version of this title is
available on Justis.
The practice of international organizations may include amicus court briefs, fieldwork reports, and
development of non-legally binding documents that may serve as precursor documents leading to
treaty instruments. Examples of non-legally binding instruments are provided below.
The Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of
Outer Space, December 13, 1963
(http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/1962(XVIII) is an example of a soft law
instrument that was the basis for the multilateral Outer Space Treaty
(http://untreaty.un.org/cod/avl/ha/tos/tos.html).
The Declaration on the Elimination of All Forms of Discrimination Against Women, November 7,
1967. The declaration served as the basis for the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), December 18, 1979. A chronological listing of these
and other preparatory documents is available on the UN website
(http://www.un.org/womenwatch/daw/cedaw/history.htm).
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(http://www.internationalwaterlaw.org/documents/intldocs/helsinki_rules.html) The Helsinki Rules
on the Uses of International Rivers, adopted by the International Law Association is among the
documents contributing to the development of rules for international law policy
(http://www.internationalwaterlaw.org/documents/intldocs/).
For more detailed research guidance on international organizations see other chapters of the Guide
including International Organizations (http://www.asil.org/intorg1.cfm), European Union,
(http://www.asil.org/eu1.cfm) and United Nations (http://www.asil.org/un1.cfm).
Secondary resources are an excellent way to gain a deeper understanding of a particular area or issue
in international law. Journal articles provide useful coverage of new and emerging developments in
international law.
Depending on the researcher’s familiarity with the subject area, texts may be consulted at different
times during the research process. For researcher’s new to a particular area of international law, texts
are especially useful as an initial step in the research process. For experienced practitioners, texts serve
as a repeatedly-used reference resource throughout the research process. Examples of both classic and
contemporary works are listed below.
General Texts
Classic texts of international law include: J.L. Brierly, The Law of Nations, Hugo Grotius, De Jure
Belli ac Pacis, and Louis Henkin, How Nations Behave. There are also some wonderful nutshell-style
books that provide the researcher with a brief overview of international law, for example, see David
Bederman, International Law Frameworks and Public International Law by Thomas Buergenthal
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and Sean Murphy.
For researching historical developments in international law see texts by Nussbaum’s, A Concise
History of International Law, and Jan Hendrick Willem’s, Verzijl International Law in Historical
Perspective (http://www.worldcat.org/oclc/448285&referer=brief_results)
Bruylant (http://www.bruylant.be/)
Digital Collections
HeinOnline, Legal Classics Library (http://www.heinonline.org) Many earlier legal texts have been
digitized by Hein including Classics of International Law, edited by James Brown Scott.
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United Nations Audiovisual Library (http://www.un.org/law/avl/) In addition to
audiovisual clips of leading scholars presenting on various topics of international law, there is also a
research library of articles, documents, and other materials.
Festschriften and Liber Amicorum. A published collection of essays written by various authors to
honor a distinguished jurist or memorialize a significant event in international law is referred to as
Liber Amicorum or Festschriften. The following resources help provide access to these collections.
Please note the scope of content and dates of coverage.
Public International Law, Concordance of the Festschriften by Peter Macalister-Smith and Joachim
Schwietzke. This index to festschriften is organized by honoree and subject
(http://www.worldcat.org/title/public-international-law-concordance-of-the-festschriften-droit-
international-public-concordance-des-melanges-volkerrecht-
festschriftenkonkordanz/oclc/898172606?ht=edition&referer=di).
Journal Collections
There are several journal collections available for international law content. Note that some journal
titles may have embargo periods that limit access to current content.
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JSTOR (http://jstor.org) JSTOR hosts a cross-disciplinary collection of scholarly journals in law,
humanities, social sciences, and other areas. Subscription is required.
Social Science Research Network (SSRN) (http://www.ssrn.com) SSRN features advance publication
of scholarly articles. The Legal Scholarship Network is one of several subject-based repositories
(http://www.ssrn.com/lsn/index.html). Registration is required and some articles may require a
downloading fee.
Educational institutions offering coursework in international law may also publish journals in
specific topic areas. Washington & Lee University maintains an extensive list of Law Journals
(http://lawlib.wlu.edu/LJ/index.aspx?country=All%20Countries&subject=International+Law) from
institutions and organizations around the world.
For information on identifying journal titles unique to a particular area of international law see the
individual chapters of the Guide (http://www.asil.org/erghome.cfm)
Several organizations and institutions sponsor activities, publications, and other resources on
international law. Papers from lectures and course offerings may also be available. The published
proceedings of international conferences and meetings are good resources for discussion of current
developments in international law.
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like International Law Reports (ILR) (http://www.lcil.cam.ac.uk/publications/), Lauterpacht is well
known for its projects on State Responsibility
(http://www.lcil.cam.ac.uk/projects/the_ilcs_work_on_state_responsibility.php) and Customary
International Humanitarian Law (http://www.lcil.cam.ac.uk/projects/cihl_project.php)
Max Planck Institute for Comparative Public Law and International Law
(http://www.mpil.de/ww/en/pub/research/profile/topics.cfm)
A variety of electronic offerings are available from the Max Planck Institute located in Hamburg,
Germany. See especially, the Encyclopedia of Public International Law
(http://www.mpil.de/ww/en/pub/research/details/publications/institute/epil.cfm), The World Court
Digest, and a Bibliography of Public International Law
(http://www.mpil.de/ww/en/pub/library/catalogues_databases/doc_of_articles/pil.cfm). There is
also the Zeitschrift fur auslandisches offentliches Recht and Volkerrecht (Heidelberg Journal of
International Law) 1929 - ) (http://www.hjil.de/) and the Journal of the History of International
Law (http://www.mpil.de/ww/en/pub/research/details/publications/institute/jhil.cfm).
WorldCat (http://www.worldcatlibraries.org/)
The Online Computer Library Center (OCLC) in Dublin, Ohio is a nonprofit, membership, library
computer service and research organization. Researchers may search the WorldCat online catalog of
materials held by OCLC member libraries to identify titles located in a particular geographic area.
Scholarly and professional organizations often produce publications and sponsor conferences on
international law. Examples include the American Society of International (http://www.asil.org/),
the European Society of International Law (http://www.esil-sedi.eu/), and the Indian Society of
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International Law (http://www.isil-aca.org/index.htm).
United Nations, Dag Hammarskjöld Library (http://www.un.org/Depts/dhl/) The Library's web site
provides links to UNBISnet (the UN Bibliographic Information System), documents alerts, guides,
and special subject resources.
Additional research guides on international law are listed below and are very useful in providing
research guidance and identifying specific titles and resources of interest.
Researching Public International Law (Columbia Law School Arthur W. Diamond Library)
(http://library.law.columbia.edu/guides/Researching_Public_International_Law)
The resources listed in this section require periodic revision to reflect new resources in international
law. Many of these titles are available in both print and electronic format.
Citation Guides
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In addition to providing guidance on proper citation form for legal writing, these guides also identify
primary and secondary resources for a particular legal system or jurisdiction.
Guide to Foreign and International Legal Citation, New York University School of Law,
(http://www.worldcat.org/title/guide-to-foreign-and-international-legal-citations/oclc/610769119)
Formerly known as the International Citation Manual, this guide provides a description of legal
systems for selected countries and identifies websites for legislation, courts, texts, articles, and official
publications. Sections on international organizations and international courts are also included.
Dictionaries
The following resources also provide extended explanations of terms in international law as applied
in historical and current contexts.
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Grant, John P. and J Craig Barker, Encyclopedic Dictionary of International Law
((http://www.worldcat.org/title/encyclopaedic-dictionary-of-international-
law/oclc/503579127&referer=brief_results). This resource was formerly edited by Clive Parry and
John Grant.
To the extent they are accessible and affordable, it is important for the researcher to seek out official
or authoritative translations of primary and secondary international law documents and texts. Some
publications may include a translated abstract or summary of the document. Another option is to
identify compilations of documents available in selected topic areas that may include translations of
selected materials.
Many of the pre-World War II texts in international law were available in French and may not have
versions available in other languages. Documents of international organizations are often translated
into one or more languages. Texts and other resources of the UN are often available in the six
languages of the UN: Arabic, Chinese, English, French, Russian, and Spanish.
For instances when a translated version of a resource is not available, a researcher may consider
engaging a translation service to perform the translation, though these services are often costly and
very time consuming. Internet-based translation tools provide researchers with a low or no-cost
alternative for translating documents. While these tools may not yet be considered completely
reliable, especially for lengthy analytical pieces, they can be helpful for understanding brief passages
from texts and documents. Some Internet web browsers recognize a web page that is in another
language and conveniently prompt the user to access the browser’s translation tool. Examples of
Internet translation tools include the following:
Systran (http://www.systransoft.com/)
WorldLingo (http://www.worldlingo.com/en/products_services/worldlingo_translator.html)
Examples of fee-based and open access multilingual dictionaries are listed below.
Ultralingua (http://www.ultralingua.com/onlinedictionary/dictionary)
French, German, Latin, Portuguese and Spanish are among the languages available for translation of
terms and phrases. Open and subscription-based levels of access are available.
Resources that monitor developments in international law include electronic newsletters, blogs, and
other resources. Most international organizations and international court web sites support an
electronic alert or RSS feature. Book reviews in journals of international law are also good resources
for information on new scholarship. Below are some of the offerings providing international law
content.
Opinio Juris (http://www.opiniojuris.org/) This blog features frequent posts on current issues in
international law and a searchable archive of prior postings. An extensive list of other international
law blogs is also provided.
To explore a topic in greater depth and detail, consult the specialized chapters of the ERG
(http://www.asil.org/resources/electronic-resource-guide-erg).
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*
Kelly Vinopal is a Research Librarian at Crowell & Moring, LLP, an international law firm
headquartered in Washington, DC. In 2004-2010 she was the Director of Information Resources
for the American Society of International Law (ASIL) where she oversaw the Society’s collection of
international law materials and electronic resources and was Project Director of the Electronic
Information System for International Law (EISIL) and the ASIL Guide to Electronic Resources for
International Law.
Kelly’s previous positions were Senior Reference Librarian at Dickstein Shapiro and Reference
Librarian at Georgetown University Law Center Library. She has designed and taught seminars in
legal research methods, the Internet, and participated in “AALL Bridge the Gap” programs to
introduce students to practice-oriented research. Through her association with the American
Association of Law Libraries (AALL) and the Librarians Society of Washington, DC (LLSDC) she
has served in various leadership roles and, education and scholarship activities. She received her B.A.
degree from the University of Nebraska – Lincoln and her M.L.I.S. from Texas Woman’s
University. Kelly is also a member of International Association of Law Libraries.
33
e-RG
Electronic Resource Guide
United Nations
John Heywood
This page was last updated September 27, 2013.
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by students,
teachers, practitioners and researchers as a self-guided tour of relevant, quality,
up-to-date online resources covering important areas of international law. The
ERG also serves as a ready-made teaching tool at graduate and undergraduate
levels.
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I. Introduction
I. Introduction
The United Nations (UN) Chapter of the ASIL Electronic Resources for International Law provides an
overview of resources for performing UN-related research. The increasing availability of primary
source documents and other information on official web sites of the UN has allowed researchers to
conduct a significant amount of current and historical research using the Internet. Because of the
value of secondary resources in providing important background, analysis, and citation information
to access web based materials effectively, some mention of these titles is also included in this chapter.
The United Nations is an international organization formed after World War II in 1945 to promote
international peace, security, and cooperation under the terms of the Charter of the United Nations
(http://www.un.org/en/documents/charter). Originally signed by 51 founding countries, there are
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UN research requests may involve obtaining a copy of a recent UN resolution, acquiring background
information on the UN’s position on a particular issue, or obtaining information on voting practices
of a particular Member State. Considering which agency or organ may have issued the material is an
important step in accessing the needed information. Like other forms of international legal research,
use of secondary sources will increase the researcher’s awareness and understanding of the organ’s
structure and function and, also likely identify citations to primary documents saving the researcher
time in locating needed material.
Another important component to keep in mind when performing UN research is that given the
UN’s interaction with events in the world, the researcher has numerous sources outside of traditional
legal or UN-specific options to consider. In addition to texts and treatises on the individual organs
or on a particular UN-related subject area, news and public affairs information are also important
research sources. Lastly, attention to currency of documents and other materials is critical when
completing any research project. Documents may be amended or earlier versions may still be of
interest. Although there may be some duplication of effort, a researcher may want to consult several
sources to ensure their work is current as of a particular date.
The list of official UN websites has grown substantially over the years. The sites listed below are a
limited, representative selection of the most important official sites. These are also good places to
begin researching legal and current affairs issues involving the UN.
A. General
These sites are important sources for learning more about the overall structure of the UN System,
activities of the various organs, and providing background information. Some of these sites are
designed to help direct the researcher to more specific agencies or programs.
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of resolutions of the major bodies (the General Assembly, Security Council, Economic and Social
Council, and the Secretariat), and a United Nations Documentation: Research Guide
(http://research.un.org/en/docs/), The UN makes its pages available in the six official languages of
the UN: Arabic, Chinese, English, French, Russian, and Spanish.
2. International Law Page of the UN Home Page (http://www.un.org/en/law/) This page is part of
the official UN Home Page provided by the Department of Public Information, but it is listed
separately here to draw attention to this important section. It leads to materials specifically relevant
to international law, such as UNCITRAL materials (http://www.uncitral.org/), the International
Law Commission(http://www.un.org/law/ilc/index.htm), Oceans and Law of the Sea materials
(http://www.un.org/Depts/los/index.htm), and the International Court of Justice (http://www.icj-
cij.org/).
UN Members States are required to register all treaties and international agreements with the
Secretariat, Office of Legal Affairs (UN Charter, Art. 102). In addition to the UN Treaty Database
there are several useful resources provided by the UN Treaty Section of the Office of Legal Affairs.
1. United Nations Treaty Collection (http://treaties.un.org/) The Treaty Collection provides access
to the full text of over 50,000 bilateral and multilateral treaties contained in the United Nations
Treaty Series (UNTS). UN treaty documents contain reservations, declarations, notifications and
objections to particular treaties. Use of a basic or advanced search option is available to search by
subject, participant, or title. Entry into force and registration date, status, and signature and
ratification information is provided.
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Also of interest to the researcher are articles focusing on various developments in UN treaty practice.
A recent example is Some Notable Developments in the Practice of the UN Secretary-General as
Depositary of Multilateral Treaties: Reservations and Declarations, authored by Palitha T.B. Kohona,
Chief, Treaty Section, Office of Legal Affairs, United Nations, 99 AJIL 433 (2005)
(http://www.jstor.org/stable/1562508). Other articles may be identified using Bibliographic
Resources, Journal Indexes and Databases. For more information on treaty research including
resources for non-UN treaties see the Treaties chapter (http://www.asil.org/erg/?page=treaties) of this
Guide.
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6. Peace and Security (http://www.un.org/en/peace/) Of particular interest from this page is United
Nations Peacekeeping (http://www.un.org/en/peacekeeping/) and Current Peacekeeping Operations
(http://www.un.org/en/peacekeeping/operations/current.shtml).
The UN Charter, Universal Declarations of Human Rights, Statute of the International Court of
Justice, and various treaties and conventions are among the founding documents of the United
Nations. Researchers should be aware that although many of these documents are available
electronically, the Official Record of a particular governing body, consisting of meeting records,
resolutions and decisions, and reports of major committees remains the official source for citation.
A. Founding Documents
b. Special Committee on the Charter of the United Nations and on the Strengthening of the Role of
the Organization (http://www.un.org/law/chartercomm/) An Ad Hoc Committee to consider
proposals and suggestions on effective functioning of the UN was established at the end of the 29th
session (1974) of the UN General Assembly. This web site provides information on the Special
Committee, its earlier and current mandate, and provides links to resolutions, instruments, and
reports that are the work product of the Committee. Also see, Report of the Special Committee on the
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Charter of the United Nations and on the Strengthening of the Role of the Organization, UN Doc.
A/50/33 (1995) and GA Res. 50/52 (Dec. 11, 1995).
For a comprehensive analysis of the Charter that also provides extensive annotations to related
sources and useful annexes see, The Charter of the United Nations, A Commentary, 3d ed., by Bruno
Simma, NY: Oxford University Press, 2012. (http://www.worldcat.org/isbn/9780199580156).
The websites provided here serve as a gateway for accessing documents, membership, and other
information from the individual principal organs of the UN. The UN Documentation Centre
(http://www.un.org/en/documents/) serves as a gateway website for access to documents from all of
the active principal organs including the General Assembly, Security Council, Economic and Social
Council, and the Secretariat. The Journal of the United Nations
(http://www.un.org/Docs/journal/En/lateste.pdf) provides information on meetings and activities
for all the UN organs.
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All 192 member states are represented in this UN body with primary function to address political,
social, and economic issues. It has seven committees to handle specific areas including: 1) political
and security, 2) economic and financial, 3) social, humanitarian, and cultural, 4) trusteeship, 5)
administrative and budgetary, 6) legal and 7) special political.
c. Voting Records (http://unbisnet.un.org/) Voting records of the General Assembly from its first
session (1946) to the present, are searchable by keyword, by resolution UN Document Symbol, or
by agenda document/item number.
3. The Security Council (SC) (http://www.un.org/en/sc/) This organ’s primary function regards
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issues of peace. Of the 15 members, the original five sponsoring members have permanent status:
China (since 1972, The People’s Republic of China; until 1971 the Republic of China [Taiwan]);
France, Great Britain, Russia (until 1991 the USSR) and the United States.
c. Voting Records (http://unbisnet.un.org/) Voting records of the Security Council are searchable by
keyword from the 1st year (1946-) to present.
5. International Court of Justice (ICJ) See Section V, Courts and Tribunals of this chapter for
information on the ICJ.
Another important UN resource for resolutions is the Official Document System of the United
Nations (ODS) (http://documents.un.org) also listed in Section XII, A of this chapter. As of
December 31, 2004 this resource became available as a non-subscription-based UN database. ODS
is a fully searchable electronic repository for UN materials offering full text documents issued since
1993. Resolutions and decisions adopted by the General Assembly, the Security Council, the
Economic and Social Council, and the Trusteeship Council since 1946 are accessible from this
resource.
C. Specialized Agencies
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Among the agencies that function independently of the UN are: International Labour Union (ILO),
Food and Agriculture Organization (FAO), International Maritime Organization (IMO), World
Health Organization (WHO), World Tourism Organization (UNWTO), World Bank Group,
International Monetary Fund (IMF), International Civil Aeronautics Organization (ICAO),
Universal Postal Union. These organizations have well-developed web sites of their own and should
be consulted for information and resources specific to these organizations. For a more complete
listing and information of specialized agencies see various UN resources listed under Section III, A of
this chapter.
D. Related Organizations
The World Trade Organization (WTO), and the International Atomic Energy Agency (IAEA) are
examples of Related Organizations of the UN. For a more complete listing and information see the
individual organizations website or see various UN resources listed under Section III, A of this
chapter.
Selected offices of the UN are provided below. A more complete listing is available from the general
resources listed under Section III, A of this chapter.
3. United Nations Office of the High Commissioner for Human Rights (UNHCHR)
(http://www.unhchr.ch/) A key site for research in human rights available in English, French, and
Spanish. For further information and research guidance, see the “Primary Sources” section of the
Human Rights chapter (http://www.asil.org/erg/?page=ihr) of this Guide.
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country of origin information, statistics, etc. For further information and research guidance, see the
“Primary Sources” section of the Human Rights chapter (http://www.asil.org/erg/?page=ihr) of this
Guide.
Information on the individual courts and tribunals is available from the respective court’s website.
The website of the Project on International Courts and Tribunals (PICT) contains information on
many of the courts and is listed here first as a general resource for locating information on the
various courts.
Project on International Courts and Tribunals (PICT) (http://www.pict-pcti.org) This web site
provides access to information about the activities of many international courts and tribunals
including: International Court of Justice(ICJ), International Tribunal on the Law of the Sea
(ITLOS), International Criminal Court (ICC), International Criminal Tribunal for the Former
Yugoslavia (ICTY), and International Criminal Tribunal for Rwanda (ICTR). The full-text of
selected cases and decisions from these international courts is also available.
1. International Court of Justice (ICJ) (http://www.icj-cij.org/) The ICJ, also known as the World
Court, is located in The Hague, Netherlands. Founded in 1946 to replace the Permanent Court of
International Justice (PCIJ), it is the principal judicial body of the United Nations. The Court
consists of 15 judges and its jurisdiction is for contentious cases (disputes between states) and
advisory decisions (at the request of selected UN bodies).
b. International Court of Justice (ICJ) (http://www.icj-cij.org/) This is the official ICJ website and is
available in English and French. The site contains general information about the Court, basic
documents, decisions, the Court’s docket, and other information. This page provides links to all
cases and advisory opinions referred to the Court since 1946.
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adoption of the ICJ Statute in 1945 replaced the Statute of the Permanent Court of International
Justice. For an article-by-article analytical comparison of the new Statute with the old, see Manley
O. Hudson, The Twenty-fourth Year of the World Court, 40 AJIL 1, 14 (1946)
(http://www.jstor.org/stable/2193893). Article 38(1) of the Statute established the sources of
international law: international conventions, customary international law, general principles of law
recognized by civilized nations, and judicial decisions and teachings of highly qualified publicists.
This resource contains the Rules of Court concerning “the internal judicial practice of the Court and
Other Acts and Documents Concerning the Organization of the Court.”
g. ASIL Insights (http://www.asil.org/insights.cfm) For commentary on the ICJ cases and actions,
see the articles written by international law scholars for ASIL Insights. Regular coverage of the
World Court also appears in articles authored by Manley O. Hudson (PCIJ and ICJ), Leo Gross,
and more recently Pieter Bekker and Daniel Bodansky in the American Journal of International Law.
2. Permanent Court of International Justice (PCIJ) Although the PCIJ was not a part of the League
of Nations there was a close association between the two bodies (see History of the PCIJ and ICJ
(http://www.icj-cij.org/court/index.php?p1=1&p2=1) also listed above. The PCIJ also issued
advisory opinions referred to it by the League of Nations Council or Assembly.
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1. Coalition for the International Criminal Court (http://www.iccnow.org/) Some basic information
about the court, as well as links to selected documents, including UN publications.
2. International Criminal Court (ICC) (http://www.icc-cpi.int/) This is the official website of the
ICC. The ICC site contains essential court documents, the Official Journal, annual reports, practice
directions and directives, codes of conduct, the court calendar, press releases, as well as the decisions,
judgments, and transcripts from all of the cases.
4. International Criminal Tribunal for the Former Yugoslavia (ICTY) http://www.icty.org/) The
ICTY was created by the UN Security Council to investigate, prosecute, and punish the crimes
committed in the territory of the former Yugoslavia in the 1990s during and after its breakup. The
ICTY website provides basic legal documents, press releases, judgments, documents from cases, links
to text of the Dayton Peace Agreement. Available in English and French. Westlaw/WestlawNext
also has an ICTY database.
5. International Criminal Tribunal for Rwanda (ICTR) (http://www.unictr.org/) The ICTR was
created by the UN Security Council to investigate, prosecute, and punish the crimes committed in
Rwanda in 1994. The ICTR site contains basic legal documents, judgments, press releases and
information about publications. Available in English and French. Westlaw/WestlawNext also has an
ICTR database.
6. Special Court for Sierra Leone (SCSL) (http://www.sc-sl.org/) The SCSL was created jointly by
the government of Sierra Leone and the UN Security Council to investigate, prosecute, and punish
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the serious violations of international humanitarian law and Sierra Leonean law committed in the
territory of Sierra Leone since 30 November 1996. The SCSL site contains essential court
documents, annual reports, practice directions and directives, codes of conduct, sentence
enforcement agreements, the court calendar, press releases, video summaries, as well as the decisions,
judgments, and transcripts from all of the cases.
8. Special Tribunal for Lebanon (STL) (http://www.stl-tsl.org/en/) The STL was created by the UN
Security Council at the request of the government of Lebanon to investigate, prosecute, and punish
the perpetrators of the attack of 14 February 2005 which killed the former Prime Minister of
Lebanon Rafiq Hariri and 22 others. The STL site contains the essential court documents, practice
directions, press releases, rules of court, rules of evidence, and other documentation.
For more information about international criminal law see the International Criminal Law chapter
(http://www.asil.org/erg/?page=icl) of this Guide.
1. International Tribunal for the Law of the Sea (ITLOS) (http://www.itlos.org/) This site contains
information about the tribunal, proceedings and judgments (including the application, written and
oral proceedings, order, and the judgment), basic texts and documents, and news. There is a search
engine and a site map. Also see the chapters on the Law of the Sea
(http://www.asil.org/erg/?page=los) and International Environmental Law
(http://www.asil.org/erg/?page=ienvl) in the Guide.
3. United Nations Reports of International Arbitral Awards, Recueil des sentences arbitrales (RIAA)
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A. UN Resources
2. UN-I-QUE (United Nations Info Quest) (http://lib-unique.un.org) One of the services provided
by the Dag Hammarskjold Library, provides symbols/sales numbers for selected documents and
publications, although full bibliographic information is not given, from 1946 to present. The
database focuses particularly on documents and publications of a recurrent nature, such as
annual/sessional reports of various bodies, statements in General Debate, etc.
Given the volume of information available on the Internet for both primary documents and
secondary materials, it is easy to neglect an important resource that is most ideally performed during
the initial stages of a research project. It is possible that someone has written about the same or
similar topic of interest. Journal articles will provide citations to primary materials, identify leading
texts and treatises, and also help flesh out the details of more involved and complex issues.
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There are several journal indexes and databases that may have some overlap in the journal titles they
include. It is important to be aware of dates of coverage for any particular journal title. A
representative listing of some of the subscription and non-subscription offerings is provided below.
One thing to keep in mind when considering the use of subscription-based resources is that you may
have access to them from institutions with which you are associated. Many university, law school,
law firm, and public libraries provide their communities with access to many of these resources.
Check with them for specific URLs you should use in order to have access.
c. JSTOR - The Scholarly Journal Archive (http://www.jstor.org/) Provides full text articles from
various scholarly disciplines. JSTOR participants are from numerous universities and organizations
around the world. Among the currently available titles of interest to the researcher of international
law are: American Journal of International Law, American Journal of Comparative Law, Human
Rights Quarterly, International and Comparative Law Quarterly.
A more complete listing and description of periodical indexes is available under the “Research
Basics” heading in the International Organizations (http://www.asil.org/erg/?page=io) chapter of the
Guide.
Researchers may use the available indexes to help identify articles on issues of international law.
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A. UN- Specific
1. Academic Council on the United Nations System (ACUNS) (http://acuns.org/) ACUNS is "an
international association of scholars, teachers, practitioners, and others who are active in the work
and study of the United Nations system and international organizations in general." This is an
extensive website with information about the organization, copies of newsletters and other reports,
and links to related sites.
3. United Nations Association of the U.S.A. (http://www.unausa.org/) The UN-USA site provides
information about the organization - its purpose, projects (including Model UN), and texts of press
releases.
4. United Nations University (http://unu.edu/) Provides detailed information about the work and
programs of this international academic organization. Available in English, French, Spanish, and
Chinese.
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B. General
2. International Studies Association (ISA) (http://www.isanet.org/) While the ISA is not specifically
focused on United Nations matters, some of its activities may be of interest. There are web pages for
international law, international organizations, and other sections, as well as links to web resources
relevant to international studies.
There are many libraries that are designated as official UN Depositary Libraries that receive UN
Documents and Sales Publications. Academic, university, or public libraries that collect
international legal materials also receive UN documents, texts, and related publications of interest.
A. UN-Related Libraries
B. Other Libraries
Other libraries may be identified through various print and web-based directories. Among the
options a researcher might consider are academic institutions with programs in international law or
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international relations and, public libraries with federal and state government document collections.
Policies regarding access and use of these collections vary. The catalogs of these collections may be
searchable from the website of the institution or organization.
A representative listing of the many excellent research guides that provide information on both print
and electronic resources is provided here.
A. UN Research Guides
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A. Document Symbols
Each principal organ has a unique symbol associated with their documents. For example:
ST/- Secretariat
A second series of symbols may appear after the first slash. This designation reflects the sub-body
within the main organ that produced the document. For example:
-/CN/- Commission
-/CONF/- Conference
Agreement on the Privileges and Immunities of the International Criminal Court, ICC-ASP/1/3, at 215,
and Corr. 1 (2002). In this example, ICC is for International Criminal Court and ASP for Assembly
of State Parties.
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Commentary on the Norms on the Responsibilities of Transnational Corporations and Other Business
Enterprises with Regard to Human Rights, UN Doc. E/CN.4/Sub.2/2003/38/Rev.2 (2003).
Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the
Role of the Organization, UN Doc. A/50/33 (1995) and GA Res. 50/52 (Dec. 11, 1995)
Rio Declaration on Environment and Development, United Nations Conference on Environment and
Development (UNCED) "Earth Summit" in Rio de Janeiro in June 1992. UN Doc.
A/CONF.151/26 (vol. I).
B. Research Guides
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1. Official Document System of the United Nations (ODS) (http://documents.un.org) This is the
official repository for documents published by the United Nations. It contains the full text of
documents dating back to 1993 in PDF format in all official languages. Documents are stored in
two databases: 1) UN Documentation, which includes documents back to 1993 and, 2) UN
Resolutions, which includes resolutions of the General Assembly, Security Council, Economic and
Social Council and Trusteeship Council since 1946. Previously restricted to registered users only,
access became available to the general public on December 31, 2004.
The major subscription-based commercial online services have limited primary materials specific to
UN research. Several databases of secondary sources are of interest to the researcher of UN materials.
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1. HeinOnline (HOL), United Nations Law Collection (www.heinonline.org) This resource allows
searching of UN treaties by parties, citation, date, and subject area. Law review articles that cite a
treaty and are part of HOL's extensive law journal collection are hyperlinked for quick access to the
full text resource. The same linking feature is available for documents in other HOL collections
such as the U.S. Statutes. One feature not found anywhere else is the UNTS and LNTS treaty
citators that allow UN and LN treaties to be found by their UNTS or LNTS citation. The UN Law
Collection includes documents and decisions of other UN bodies: International Tribunal for the
Law of the Sea (ITLOS), International Court of Justice (ICJ), UN Commission on International
Trade (UNCITRAL) and UN Institute for Disarmament Research (UNIDIR). UN Yearbooks, UN
Serials, and the UN Codification and Progressive Development of International Law are also
available.
2. Lexis/Lexis Advance (http://www.lexis.com) Lexis is in the process of migrating from the older
Lexis platform to the newer Lexis Advance platform. As of this writing, not all materials have been
transferred to the new platform, including all of the international materials. The older Lexis provides
electronic access to International Legal Materials, published by the American Society of International
Law. The file can be found in the INTLAW Library as the ILM file. Since ILM focuses on
reproducing the texts of key documents of interest to international law, selected United Nations
documents (e.g., Security Council resolutions) can frequently be found here.
Another Lexis file of considerable interest to United Nations topics is the Federal News Service,
which has been ported to the new Lexis Advance platform. It is under the News facet. While the
Federal News Service covers much more than United Nations developments, searches in it can be
restricted by combining search terms with the search expression "section (united nations)." They
focuses more on summaries of UN news rather than reproduction of documents. Lexis is a very
good source for newspapers, wire services, and magazine articles.
Westlaw provides in its ILM database an electronic version of International Legal Materials,
published by the American Society of International Law. With its emphasis on reproducing the texts
of selected documents of interest to the international law community, ILM includes the texts of
selected United Nations documents of particular interest including Security Council Resolutions.
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The full text of the International Court of Justice judgments, opinions, and orders, from their
inception in 1947 to the present is available in Westlaw's INT-ICJ database. Westslaw also has
databases containing documents and judgments from the international tribunals for the former
Yugoslavia (ICTY) and Rwanda (ICTR). WestlawNext provides access to many newspapers,
magazine articles and some foreign and international law (particularly UK, Australia, Canada, and
the EU).
As mentioned in Section II, Research Approaches, given the role of the UN in international activities
there are numerous resources available to learn more about UN developments. A brief review of
sources that monitor UN activities is provided below.
A. UN News Sources
B. UN Reform
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D. Other Sources
1. ASIL Insights (http://asil.org/insights.cfm) Various topics of international law are featured in this
electronic newsletter produced by the American Society of International Law. Each issue focuses on
an individual topic, provides some substantive analysis, and includes citation information to primary
source documents and materials.
3. Council on Foreign Relations (http://www.cfr.org/) This site features coverage of many current
events, issues, and subject areas including international organizations, international law, peace and
security, and terrorism.
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