Week 1:

 Use Boolean operators to conduct database searches based on the legal issues presented.
 Construct effective and precise search queries specific to online search platforms such as
Google, Westlaw, Lexis, and Hein Online suited to the question or task presented.
 Understand the differences in the content of commercial databases, their search engines,
and their search capabilities.
 Locate vendor help materials in a variety of database

Power Searching
How to generate best search terms for specific needs

Two main methods of database searching:

1. Natural Searching
a. Easiest/most familiar
b. Most relevant results are returned in the first handful
c. Relevancy ranking algorithms
d. Useful when starting research, but tends to be less precise
2. Terms & Connectors (Boolean)
a. Commands for exactly what you want, no relevancy ranking algorithms
b. Finds everything that meet your exact specifications
c. More precise

Why Boolean over Natural?

1. More control over search terms and precisely how they show up in results
2. Confident you are finding all docs with your search terms
3. Won’t have to pour over tons of results that aren’t what you want (efficiency)
4. More cost-effective researching

When use Boolean?

 Looking for specific terms
 Looking for specific documents
 Need all docs containing specific info

Constructing a Search Query:

1. Articulate Issue
2. Generate Search Terms
3. Choose Connectors
4. Field Searching
5. Refine

Articulate the Issue (Step 1)

 Read fact pattern to determine who, what, when, where, and/or how
 If not clear, research will be just as imprecise

Generate Search Terms (Step 2)

 Go beyond pulling important words from fact pattern
  Are search terms too broad or too narrow? Concepts can be expressed many different
ways
 How are concepts related to each other?
 Think about most important concept, fact, or legal theory
o Think about related search terms, variations, etc.
 Dictionary, thesaurus, Black’s law, background resources, encyclopedias
 Use wildcard characters
o Shipwreck!
 Shipwrecks
 Shipwrecked
 Shipwrecking
o Be careful
 i.e. tax! Could give you taxation, taxonomy, etc- more than you want
o Kn*w
 Knew
 Know
o Host***
 Limit length of variables (three asterisks equals up to three)
 Hosted
 Hostess
 Hostile
o Without wildcard, westlaw etc will pull singular, plural, etc. automatically but if
you search with plural, it will only find that
 Search with #vessel to only pull the singular
 Acronyms
o For WTO search:
 (WTO or “World Trade Organization”)
 Westlaw will automatically search for different forms of acronyms i.e.
with or without periods. Lexis will only search for how it is punctuated in
the search query.

Summing up:
1. Pull most important terms and concepts from fact pattern
2. Identify related search terms and synonyms
3. Account for variations using wildcard characters

PS: Choosing Connectors

Tell our database how the search terms should appear in relation to each other

Three types of connectors

1. Boolean Operators
a. And
b. Or
c. Not

2. Proximity
 a. How close terms should appear
b. Within same
i. Paragraph
ii. Sentence
iii. Number of words

3. Phrase Search
a. Exact phrase in double quotes- finds string of words in a particular order

Boolean Operators

1. And
a. Two or more terms, both must appear in document
b. Excludes all documents that include only one of the words
c. Can string together any number of words, not just two
i. The more words, the more narrow the results
2. Or
a. Most inclusive- docs with either, any, or most of search terms
b. Useful if you want a variety of synonyms in a longer query

3. Not
a. First term, not the second
b. excludes

When combining operators, use parentheses (think of it like math)

 ex: (sunken OR wreck!) AND (warship OR vessel OR ship)
 parentheses can be nested inside other parentheses
o (pipeline/5 (oil OR gas)) AND “eminent domain”
 Different databases process commands differently but you can ally uncertainty by using
parentheses

Proximity Operators

/p for paragraph
/s for sentence
/n for words

Paragraph is probably the best place to start considering authors can be verbose or become
women’s rights could be phrased as rights of women

Phrase Searching
 Searching “sovereign immunity” vs searching it without the quotes is like searching
sovereign AND immunity
 Don’t use phrase too often- use it for terms of art
o Women’s rights better to do women /5 rights
Different databases use slightly different demands
 Lexis requires writing out AND
 Westlaw wants & and has weird rules with or
 Check their pages (this spreadsheet is in Canvas)

PS: Field Searching

Search within specific parts of doc for more precise results

Specify search terms that appear in just specific areas of a doc like title, author, abstract, subject,
etc. (fields or segments- well-articulated in Lexis and Westlaw)

Westlaw/Lexis
 Content type you want to search
 Advanced search, scroll down, find where to target specific information
 Secondary sources advanced source also available

Be careful to not limit too often, it can be very narrowing

 Keyword v field
o Keyword
 Beginning of process
 Broad search
 Identify search terms or subjects
o Field
 Later in process when familiar with topic
 Locate specific material
 More precise search
 Using specific author or specific judge

PS: Refine Search Query

Tell our database how the search terms should appear in relation to each other

Research is an iterative process

Two methods:
1. Narrow
a. Add search terms
b. Remove synonyms
c. Be more specific
d. Modify using filters
i. Nice because you don’t have to modify query when using these
e. Remove ineffective terms
f. Use proximity connectors
g. Limit fields
h. Select most authoritative jurisdiction

2. Broaden
 a. Add synonyms
b. Use connector OR
c. Removing segment of query connected by AND
d. Overusing double quotations and use proximity connectors instead
e. Break up phrase
f. Search entire documents rather than field searching
g. Broaden jurisdiction

Google Strategies
Learn to access and use Google’s Advanced Search page to retrieve more relevant results
without sifting through the irrelevant ones

Google.com/advanced_search
 Or after doing a natural language search, click tool to get to advanced interface
 Basically Boolean search template
 Exact word or phrase is like double quotes
 Any of these words is like OR
 None of these words is like NOT (filtering)
 You can specify language, or specify just German websites, etc
 File type i.e. Anywhere in page, title, text, url, etc.

Google Strategies
Learn to combine Google’s specialized search operators and symbols to get very precise Internet
results

Shortcuts
 Punctuations and symbols
o Quotes
o AROUND(n)
 Proximity connector- within how many words
o Asterisk
 Replace words
 Can’t remember exact word or phrase
 Variety of similar phrases
o Minus
 Boolean NOT connector to exclude

Search fields (note you use this in queries, include colon)

 Site:
o Specific sites
 Intitle:
o Must appear in title
 Inurl:
o Must appear in url
Government IGO and NGO websites
  Databases, videos, case law, etc.
 Use targeted advanced searching

Hein Online Searching

How to navigate and use its search features

Search box, you can specify intent i.e. author, etc. it will search all databases.
 You can use database filter
 Filter results
 Sort results
 Modify results
 Search within results
 Click on result, look at PDF
o In this view, there is TOC and tool bar
 Notice the “more like this”

Hein Online Searching

How to use primary and secondary sources related to international law topics

So many resources here not found anywhere else

Databases to international/foreign select international resource link and see all the databases
 Search by title, subject, or jurisdiction in index
 Examples
o Park School publications have guides to legal systems of many countries and
private international law between US and other countries
o World Constitutions Illustrated: many constitutions
o Treaties:
 Us international trade
 Us treaties
 Un treaties
 World treaties

Secondary sources
 Law journal library
o International and non us law journals
 Index to foreign legal periodicals

Target searches in specific databases for more nuanced searching

Lexis
How to use primary and secondary sources related to international law topics

International Law and Foreign law are separately accessed

 International tab = foreign law
  Practice areas to get to international law
 Search both to cover all bases

Westlaw
How to use primary and secondary sources related to international law topics

Simple search bar not helpful because it defaults to US law

To get to the international law materials, you need to go to content types and then navigate to
this link down here.
 The international materials in Westlaw are organized into two sections. You have your
jurisdictions and then content types.
o The top six jurisdictions up here are only the ones for which West law has both
primary law and secondary sources.
 That's to say, cases, legislation or regulation for these six countries.
o Clicking the other jurisdictions link will include some additional countries for
which Westlaw only has secondary sources.
 And then multinational link under administrative materials is also very helpful. This is a
hodgepodge collection, but it does contain decisions from international courts such as the
International Court of Justice.
 The next content type in international materials is going to be legislation. We only has the
full access to legislation for eight countries, so still pretty brief, but at least it's full text.
 Then the next two content types, treatises and journals. These are your secondary sources.
o You can click on the country tabs for books relating to the laws of specific
countries or if you want to search multinational, this brings up a long list of
treatises on international topics
o Same with journals. You can search the journals published in foreign countries or
again, a multinational tab, which will contain journals dedicated to regional areas
of the world, such as the African journal of international and comparative law or
to broader areas of international law.
 If I go back to international journals, Westlaw is suggesting a tool over here called the
World Journals database.
o This is a larger and more inclusive journals database.
o It will contain law reviews, bar journals, things from the US, but also other
countries around the world.
o Plus, it also includes multinational and international journals.
o The world journals database is definitely a best bet when you're doing
international and foreign legal research. The other content types down here,
current awareness, court documents, legal memoranda, jury verdicts and forms.

 To finish the tutorial, I want to emphasize some of these tools on the right side of the
page that Westlaw has suggested. S
o starting with the practical law global.
  This contains standard documents, checklists, how to guides, all the things
needed for practical international legal tasks performed in business
transactions
o We also have the global competition and antitrust database.
 This includes cases, legislation, treatises, journals, and law reviews from
other countries around the world, related to the topic of competition and
antitrust
o international arbitration materials.
o We can also search international news, which is helpful for our current awareness.
This You can search by specific jurisdiction or region, but you can also select
multiple content types to search by.
o International materials index.
 This is an alphabetical listing of all the international databases within
West Law. It's really helpful to use when we want to know if a particular
database is included in Westlaw.

Secondary sources
 Clarify questions, help you find primary sources, comment on problems, propose
solutions, explain terminology, analyze existing law.
 Preliminary research/analysis—secondary sources—follow up on primary sources—
research additional primary and persuasive sources—refine and update
 Background, treatises, books, articles, law review, yearbooks, restatements, digests

Background Sources

 Use class guide from fsu law library page.

o Organizes broad list of resources
o Links to reputable and important places and tips for using and locating
 Guides
o GlobaLex
 Free
 Numerous legal research articles
o Encyclopedias
 Basic overviews of broad areas of law
 Comprehensive and high quality
 Oxford Public International Law Database
 Max Planck
o Bibliographies
 Oxford Bibliographies on International Law
 Brief overview
 Comprehensive lists of curated bibliographies

Treatises
Books with in depth explanation and analysis on single subject of law
  Class Research Guide
o Advanced search interface in library catalog
 Elgaronline
 Oxford Scholarly Authorities on International Law
 Considered books, not encyclopedias
 Westlaw and Lexis
o Under content type treatises or practice area under international law (note Lexis
does international and foreign titling weird)
o Westlaw uses multinational heading

Journal Articles
Academic legal scholars and experts, usually on narrower issues of law
Specific issue or problem
More current and pressing
Propose solutions

 Law reviews i.e. Harvard Law Review

 Cornell specializes in this in their international law review journal
 Some journals specialize in particular areas of international law
 Don’t forgot non-law academic journals
 Non-us and international journals
 Look at course research guide
 West Law
o Us journals that cover international law- select law review and journals under
secondary sources
o Non us journals, select international materials under content type and then
journals
o World journals section
 Lexis
o Practice area, then international law, then to journals
 Hein
o Law journal library under international and non us
 Pace database public affairs international service
 Index v full text databases
o Full text
 Articles full text through searching and browsing
o Index
 Citations to articles
 Index to foreign legal periodicials, LegalTrac, etc.
o Some have both
 American Journal of International Law
o Full text of major court decisions
o Use documents that reflect state practice
o Articles
  International Legal Materials
o Full test primary, every two months, authoritative unofficially
O ∆≥

Current Awareness
International news
 General audience
 Paywalls i.e. WSJ
 Not necessarily digital replicas of print articles- sometimes updated and revised so there
are discrepancies between print and online
 Use the subscriptions you have through FSU
 Westlaw has two
o International newspapers- non US
o International news- broader US and other

Legal News
 To lawyers
 Letters-to keep up with developments in specific areas of law
 Lexus Law 360
 Subscribe now

Using Google Scholar

 broad
 can be unwieldy
 frequent results blocked by paywalls
 use advanced search
 reading list

Max Planck Encyclopedia of Public International Law

 comprehensive
 top right search box
 Citator to access

Oxford Scholarly Authorities on International Law

 Search or browse
 Subject or author
 Searches
 Advanced search

Bluebooking Secondary Sources

 Table T2 Foreign Jurisdictions
  Rule 21.7
 UN Document Symbols

Gazettes
 Public gov journal (not in US) newly enacted legal docs and formal gov legal and
judicial notices
 Official bulletin, journal, or diary of country
 Statutory instruments, acts, bills, orders, decrees, regulations, treaties, int. agreements,
sometimes court reports from highest court
 Most current source of primary legal information
 Legally necessary for law to come into effect in some countries
 Cite to this version
 T2 bluebook
 Non-primary stuff too: transcripts of debates, financial statements, policy statements,
ads, resignations
 Know the official name
o Not all have term gazette in title
 Consult foreign law guide
o Not a free source (but yes as FSU student)
o Use library of congress page if not student
 Machine translation- usually only in official language
o Two databases to translate
 Global regulation
 V lex
 Be careful- it doesn’t always understand legal jargon
 Global-regulation
o Search with English key terms
 V lex
o Browse or advanced search
 Check free/subscription databases on fsu research page if you can’t find it using the
above

Constitutions
 Constitution = highest law
 Locating constitutions, court decisions, commentaries, treatises, journal articles
 Google search can find lots but hard to know if most recent or translated well
 HeinOnline World Constitutions Illustrated
o Text
o Commentaries
o Bibliographies
 Oxford Constitutional Law
o Oxford constitutions of the world
 Constitute The world’s constitutions to read search and compare (free)
o Lots of data visualization (good for comparative)
 Consult multiple to make sure it is accurate or most recent
  Interpreting provisions
o Harder
o Oxford constitutional law database
 Oxford law citator option
o Website for JD’s highest court
 Advanced google shortcuts to search these websites
 Commentaries, treatises, journal articles
o Writing of legal scholars in civil law jurisdictions have higher value than those in
common law jurisdictions
 BRILL
o Laws of foreign countries
 Heinonline online and world constitutions oxford to find commentaries

Legislation
 Written laws enacted by gov’s legislative body
 Statues and regulations-terms vary depending on JD (acts, laws, public laws, codes, etc)
 Code in common law = arrangement of statutory law by topic, usually only one
 Civil law code = comprehensive set of laws, supplemented by statutes and regulations,
infrequently amended, multiple codes
 Consolidated- refers to current version
 Subsidiary/subordinate/etc
 What type of law?
 What is the title or name? if you can in English and other language
 What is number or identifier or citation?
 What is date?
 By jurisdiction or by subject to get known statute or regulation
 Consult numerous databases!
 Official gov websites a good place to start
 Terminology differs country to country
 World legal information institute (World LII) free and independent access
 Databases: vLex, Westlaw, Lexis (if they have the country)
 Some topics have special compilations
o Kluwer Law Online
 IEL series
 Or search term
o Foreign law guide
o NGOs, IGOs, private companies

Foreign Jurisprudence
 Judgments decided by national courts of foreign jurisdiction (not international)
 Cases from highest courts easier to find
 Do it by jurisdiction or by subject
 Start with research guides
o Ours, or google for another one
  BRILL foreign law guide
o Take citations and search in library catalog
o Translations to English will be noted
 Gazettes can contain them
o Ideally know the names and dates
 WorldLII
 Westlaw and Lexis only have some primary sources
 Internet sources
 VLex
o Defaults to US, select right JD
 By subject
o Books, treatises, journals- search library catalog
 “jurisprudence”
o Oxford reports on international law
o IGO websites

English Translations
 Not common law countries tends to be an issue
 Foreign law guide BRILL
o Not actual translation but where you can find it
 Compilations of laws course research guide
 International legal materials
o Bimonthly journal from ASL
o Cambridge core database
 Large Law Firms
 Translations might be unofficial
o Not authoritative unless JD has more than one official language and the texts are
made equally authoritative
 Frequently out of date- check it!
 Top preference- official gov version, then certified legal translator, well known publisher
 Be soooo careful with google translate or other machine translation
o But can help screen, cursory, aid in research

Multinational Sources Compared (Hein)

 Good for comparative
 Index
o Secondary which in turn points to primary

Bluebooking citing to Foreign Laws

 Rule 20
 Table T2

Legislations and Regulations

UK Legislature
 No written English constitution
o Statutes, case law, constitutional conventions
 No statutory authority but binding force
 No formal codification of law of England
o You have do note up
 Statutes not subject to judicial review
 Subsequent amendments by Acts or Statutory instruments
o Scotland and northern Ireland can make their own

“noting up”
 Process of updating case or statute “shepardizing” in US cases
 No comparable tool in US

UK Statute
 Short title, date, chapter
 Longer title
 Royal assent date
 TOC
 Supplemental section called interpretation
o Terms used and their interpretations
 Commencement and short title
o How act is cited
o Which sections come into force when
 Schedules
o Like appendices

Cit UK Legislation
 Companies Act 1985, c. 6 (Eng.)
 There are older citations too
o Calendar v regnal date
 Bluebook requires calendar year before regnal year

UK Statutory instruments
 Secondary legislation
o Orders, rules, regulations
 Comparable to US regulations
 Work with statues
 Citing
o The Licensing Act 203 (Personal license) Regulations, 2005, SI 2005/41
 Year/sequential number

To find
 Halsbury’s Laws
o Secondary source
o Encyclopedia, dictionary, digest, treatise
 o Authoritative legal arranged by subject
o Lexis only with special subscription
 Print resource in library
o Halsbury’s Statutes of England and Wales
 Compilation of legislation, not entire encyclopedia
 UK legislation website
o Legislation.gov.uk
 All public acts from 1297 to 1991
 All statutes from 1988
 Original enacted text and what is currently in force
 BAILII
o Bailii.org
o Free
o Regularly updated
 Check
o Hein, lexis, westlaw

UK Caselaw
Majority are unreported
No official reporter
Neutral citation preferred
No corollary to keynumber/headnotes or keycite/sehpard’s
But there is justcite
Generally just new ground or novel applications are published
Even if not published still available online

Criminal
 Court of appeal
 Crown court (appellate and original JD)
 Magistrates courts (court of first instance)

Civil
 Court of appeal
 High court of justice (appellate and original JD)
o Kings bench; chancery; family
 County courts (court of first instance)

Supreme court

Neutral citations = judgment itself

Located within case citation

Party names, neutral citation, reporter citation, jurisdiction

Free databases
 BAILII
 Supreme court judgments
 House of lords judgment

Commercial
 ICLR online (international council of law reporting)
 Lexis
 Westlaw
 Hein

Lexis
 International tab (foreign tab)

No citation
 Print- The Digest
 Online
o Topic searches
 Iclr online
 Westlaw
o Keyword search
 Lexis
 Westlaw
 Bailii

Subject searching
 Digest, iclr, westlaw
o Topics and keywords

Westlaw
 International materials

Update UK cases
 Print sources
 Iclr
 Lawcite.org
o Free

Parliamentary Publications
Similar to us legislative history documents to trace development and enactment

Two categories
 Command papers
o Issued by gov and presented to parliament on major policy proposals
o White papers
 Sets out major gov initiative of interest to parliament
  informative
o Green papers
 More tentative report on unsettled issues
 Invites feedback
 Hansard
o Publication of parliamentary debates
o Like congressional record
 Wikipedia

Command
 Gov.uk
 Parliament.uk

English common law in florida

 Adopted in florida in 1829
 If not answered by statute or controlling florida case, it goes to this which is as is in 1776
 Research center homepage

Westlaw UK
International materials
 Select UK and then advanced or simple search
 Solid coverage begins 1865

China’s Constitution
Civil law country- main sources of law or the constiutiton
Administrative regulations issued by state council
Judicial interpretations no judicial review
Hein
Oxford constitutions

China Laws and Regulations

National People’s Congress is supreme legislative body
Mostly ceremonial
Laws are broad and vague purposely
Rules and regulations implement laws
Laws govern entire types of laws or industries
Local laws

Laws on legislations

Treaty Research
Look at the assigned chapter and fact sheets for definitions, nuances, etc.

How defined: article 2 Vienna convention

International agreement written form governed by international law
Article 2 section 2 clause 2 constitution -agreement with advice and consent of senate

Article II
 2/3 majority senate
 800 treaties
 Binding on all subsequent presidents
 Consent 2/3 majority vote senate
 Enters into force

Executive
 Presidential signature
 13, 000 agreements
 Not binding on subsequent presidents unless authorized by congress
 Enters into force

Us department of state treaty series treaties and other international act series
TIAS

Ratification history

Depositary- who holds instruments of ratification

Entry into force dates at the end

Define your task

Locating treaties
Full text
 Treaty collections
 Advice and consent article II
o Senate treaty document series
 Identified with hyphenated number
 Congress and sequential
 Proquest, hein, lexis
Treaties and other international acts TIAS
Official in effect series
Us state department website or hein
Only online
Hein, lexis

UST US treaties and other international agreements

  Hein, lexis westlaw

Cite to latest, older treaty series

Unofficial publications
 Hein, lexis
 Bevans, kavass, malloy, miller, ASIL

With citation and name, straight to source

 Authoritative texts
o Hein, lexis, wetslaw
o Gov info
o Congress.gov
o Us department of state
o Treaty research heading in library guide

Bilateral or multilateral for bluebooking

No citation?
 Treaty index
o Treaties in force
 Us state department
 Two section bi and multi

Pay attention to notes

No citation?
 Look for another treaty index
 Commercial tools might be more updated than government

Treaty Status
Entered into force? What countries? Did a country ratify subject to reservations, understandings,
or declarations? Subsequent amendments?

Multilateral treaties appoint a depositary/depository

 Usually gov on whose territory the treaty was signed
 Article 77 Vienna
 UN Treaty Collection website
o Two series there one on left one on right
 UN designated depositary or those registered whether or not it is
depository
o HCCH
Treaty Interpretation

Outside of text to analyze to understand intent

Senate docs created while ratification process
LH docs
Case law to interpret
Secondary sources for scholarly commentary

Audiovisual library of international law

Find a compilation
 Fsu catalog
 Worldwide library World Cat
 Drafting history, negotiating history, key terms, subject headings
 IGO website
o Hague conference, international commission for Ref world
 International law commission ILC
 Globalex
 Table to show types of docs in ratification process in library
 Congress.gov
 Gov.info
 Implementing legislation
o Or Self-executing
 Us code or statutes
 Senate treaty doc
 Pro quest

Customary International Law

 Customary law- legal system like common or civil law, often passed down, unwritten
legally accepted behavior and rules of conduct
 Customary international law- source of international law
o Public and private
o International obligations from established international practices
o Referred to as law of nations (search term)
o General principles of international law (search term)
o Two elements
 Is there a general and consistent state practice on the given issue?
 Widespread, representative
 Have states engaged in it out of sense of legal obligation (opinio juris)
o International custom as evidence of general practice
o Statute of the international court of justice- represents more systematic and
authoritative guide to see if it rises to level of customary international law
 State practice
o Diplomatic correspondence
o IGO resolutions
 o National court decision
o Executive acts
o Legislative or administrative acts
 Opinio juris
o Diplomatic correspondence,
o IGO resolutions
o National court decisions
o State pronouncements
o Presidential papers
o National legal advisory opinions
o Treaty provisions
 Not exhaustive lists above
 Research:
o Start with secondary sources
 Encyclopedias, etc.
 Then subsidiary means for existing CIL:
 go to writings of publicists (Commentaries, treaties, articles)
 International law decisions
 Treaties
 sources for nonidentified CIL
 Practice of IGOs
 National laws
 State practice and opinion juris
o Labor intensive

Secondary Sources

 Documented in widely scattered sources

 Where to begin
o Treatises
o Journal articles
o Encyclopedias
 Treatises
o Library catalog
 Customary international law into advanced search and select subject as
field and contains exact phrase
o World cat
 Same search as above
o Interlibrary loan
 journals
o Index to foreign legal periodicals
 Hein
 Subject search feature
o Narrow searches with modifiers
o Westlaw and lexis
  International journals
 Encyclopedia articles
o Really good start: Max Planck encyclopedia of international law
 Part of larger collection- on Oxford Public International Law Database or
from research guide or a-z database

Digests
 Historical and documentary record of views and practice of governments
 Highly persuasive
 Since 1800s in US
 Int. law digests document state practice either summaries or actual docs
 Don’t necessarily have digest in title
 Digest of US practice in international law
o Different titles over the years
o Official versions exclusively online on US State department’s website
o Current and historical volumes on Hein
o By year, and summary and then hyperlinked
o Hein
 Foreign and international law resource database
 Part 3 for the digests
o Advanced search to search whole database
 Current issues
o American journal of international law
 Westlaw, lexis, Hein
o Full text of journal if member of ASL

Yearbooks
 Annual publications that documents state practice and custom
 Focus on new developments and practice and custom
 Lots of diplomatic exchanges or pronouncements
 Citations to documents
 Highly persuasive
 Published by national law organization
 Max planck yearbook for UN
 Yearbook of European law
 Topical or jurisdiction perspective or both
 Year book or yearbook
 Hein best place to start
o Foreign and international law resources database
 Part 1
 ILC -international law commission
o Highly regarded
o Draft articles codifying legal principles it considers international customary aw
o Summary records of meetings
o Reports of special rapporteurs and other docs
 o Report of commission to general assembly
 Most important
 Annual part
 Supporting law, analysis, commentary
 Not binding, but valuable evidence of customary law and seriously
regarded by international courts
 Comments can be evidence of state practice
o Website easy to use
o Annual report is current in publication on website even if yearbook isn’t

Restatements
 Type of treatise that provide clear formulations of legal rules governing issue or situation
based on rule preferred by majority of states to distill black letter
 ALI
o Highly qualified publicists
o Not primary law
o But persuasive
 Foreign Relations 3rd and 4th
 International law as applies to and in US and domestic law having great significance on
US foreign relations
o Customary international law
o International agreements
o Domestic
 Constitution legislative acts and judicial decisions
 3rd series latest complete
o 3 and 4 significantly revised in 4th
 Lexis, Westlaw, Hein
 Comment section- explains and is cited in opinions
 Reporter’s note
o History, evolution, hypos, exceptions, citations
 Westlaw has an index
 Advanced search Boolean
 Restrict search to title or preliminary so it is more precise and relevant
 ALI website as well
o Especially if drafts to see if new material added or revised

General Principles
 Article 38
o General principles of law recognized by civilized nations
 Consent inferred in international law to fill gaps- when no law or treaty, one can turn to
national courts
 Civilized nations
o JDs that follow common law, civil law, religious legal traditions, or mix
 Restatements though, view principles as secondary or supplementary, not primary
 General principles of law
 o Article 38 1c definition
o Ex: res judicata once decided can’t be decided again, or can’t be judge in your
case
o Legal principles: Sovereign equality, non-intervention
o Look to this when not found in treaties or customary law otherwise
 General principles of international law
o Customary rules
 First step
o Secondary sources
 Treatise: Cheng’s general principles of law as applied by international
courts and tribunals
 Other treatises
 Journal articles
 Cheng’s bassioiuni functional approach to general principles of
international law
o If secondary sources don’t help, judicial decisions of international tribunals
o No cases at international level? Then national courts
 Cite to multiple

Writings of highly qualified publicists

 Article 38 of ICJ statute
 Fourth clause
 Subsidiary means, not primary
 Writings, publications
o Scholarly writing by prominent legal authority in treatises and articles
 Oppenheim’s international law
 Brownlie’s principles of public international law
o Work produced by groups of scholars
 ALI
ILC international law commission
 Prominent
o Helmerson (finding the most highly qualified publicists) made a list- citation
metrics
 Not complete or comprehensive
o Oxford bibliographies, scholarly authorities, online catalog
o Max Planck encyclopedia
o Yearbooks
o International law journals
o Member of law commission, written extensively, etc.
 Source, even if subsidiary

Writings of Highly Qualified Publicists

 Collectively
o Ali
o Ilc
 o Idl
o Hague academy
o American society of international law
 Hein
o International resources by category
 Find the databases- ie Hague academy
o Law journals- international and non us law journals
 Individual Websites
 Most influential -ILC international law commission
o Codify some basic structures into cohesive topical format
o UN Law collection at Hein
o Their website
 International Law Association
o Hein
o Title under foreign and international law resources databases
o Website
 Search under committees menu
 Hague
o Educational
 Private and public
 Summer courses
 Monographs as annual series
 Collected courses
o More than 390
o Most important encyclopedic works

Researching International Decisions

 Not same status- subsidiary means to determine international law rules
 No binding force except for to its parties
 Persuasive, not authoritative evidence
o Secondary
 Written about law, gathered for information
o Subsidiary
 Demonstrate evidence of rule of int law
 Gathered as persuasive authority to show court established or emerging
rule
 Don’t confuse secondary with subsidiary source
 ICJ, ITfortheLS, ICT
 Quasi-judicial bodies
o Human rights mechanism – UN Human Rights Committee
o Ad hoc criminal tribunal
o Enforcing, interpreting, implement
 International arbitration bodies
o Panels of arbiters to a permanent institution like ICA
 o Might not have permanent bench or apply predetermined rule or render
nonbinding decisions
 Chart in Canvas
o 125 courts that exist or existed and proposed
o 7 subject matter groups
 Broken down into four groups
o Top section
 Different from bottom because permanent institutions, independent
judges, judicial bodies, predetermined rules, binding decisions nearly
always published
o Bottom section
 Dispute settlement bodies
 Quasi judicial and arbitral
 Consider court decisions of individual countries concerning international law
o Helpful in establishing customary and applying law
 Resources for Primary Sources
o International court
 JD, founding statue, docs, rules
o IGO
o ASO has research guides, so does law library of congress
o Search google for guides
o Look for treatises on int. tribunal you are researching
o Start
 Research guides
 Treatises
 Court websites
o Have to rely on several tools
 Reporters- most judicial bodies do this
 Bluebook rule 21.5 for official reporters
 International Law Reports
o Strobe database list
o Vlex
 More current
 Web resources
 worldLIII
o best for across multiple
o international decisions link to courts and tribunals
collection
 court websites
 advanced search
 case law
 law cite- worldlii
 vlex international law reports
 hein online international tribunals and judicial decision secition
 westlaw and lexis have some national cases from some JDs
 o consult digests
 world court digest
 annual digest of public international law
 oxford reports on international law
o check handout in course materials to understand all of where to search.
o Course research guide!
 Resources for Secondary sources
o Law reviews, treatises, restatements, legal citators
o Law reviews
 American journal of int law
 Judicial developments, followed by commentary
 International legal materials
 Introductory notes authored by expert legal scholars
 Westlaw, lexis, Hein, or ASIL if member^
o Treatises
 Library catalog search
 Subject headings
o Restatements
 Restatement of foreign relations law
 Highly regarded secondary source
 Westlaw, links to full text
o Citators
 West law key cite
 Lexus shepard
 No stare decisis in international law
 But vLex Citator and Oxford Public International law have good
cite features
 Oxford Law Citator
 VLexJustis Database to find international cases from International Law Reports
 Oxford Reports on International law- what cases are searchable

United Nations Research

UN Documentation
II. History of the UN
 Post-World War I origins:
o Establishment of League of Nations in 1919 by Allied Powers
o Early failures of the League of Nations:
 Exclusion of groups under colonial rule
 Rejection by U.S. Senate
 Lack of consensus over war declaration authority
 Failure to prevent World War II
o Dissolution of the League of Nations during World War II
o Existing thousands of records of the League held by UN libraries in Geneva and
New York
  Formation of the UN:
o Atlantic Charter (August 1941):
 U.S. President Roosevelt and British Prime Minister Churchill signed
goals for post-war peace
 Not a treaty or declaration, but affirmation of peace principles
 Sixth clause: peace allowing nations safety within boundaries
o Declaration by the United Nations (January 1942):
 26 Allied nations signed, coining the term "United Nations"
o Post-war UN planning:
 Drafting of blueprint for international organization (September 1944) by
U.S., British, Soviet, and Chinese representatives
o UN Charter signed (June 26, 1945):
 50 of 51 original member states signed in San Francisco
o Official start of UN:
 October 1945, after ratification by five permanent members (China,
France, Soviet Union, UK, U.S.)
o UN expansion:
 Focus now includes refugee rights, environment, weapons, health, and
criminal justice
 193 current member states (due to decolonization, war, independence)
III. UN Bodies
 Original six principal organs:
o General Assembly
o Security Council
o Economic and Social Council (EcoSoC)
o Secretariat (logistical function)
o International Court of Justice
o Trusteeship Council (now defunct)
 Active 1947-1994 during decolonization
 Documentation available in UN digital library
 Current complexity:
o Expansion to include subsidiary organs, councils, and offices
o Research challenges due to volume and complexity of materials
o Use chart in course materials
IV. UN Documentation
 Distinction between documents and official records:
o Documents:
 Called parliamentary or masthead documents, working documents, etc.
 Texts submitted to principal or subsidiary organs
 Include working papers, meeting records, draft resolutions
o Official Records:
 Produced by General Assembly, Security Council, EcoSoC
 Official record distributed to depository libraries
 Resolutions, decisions, meeting records, reports, and supplements
 Previously only available in depository libraries, now available online
 Bluebook prefers citation to official record versions
  UN publications:
o Sales publications aimed at informing the public about UN operations and
information
o Economic sense
o Official record will contain that phrase
o Official record docs and masthead docs will contain UN document symbols
located in upper right corner
o Examples: UN Chronicle (journal), yearbooks, and the general UN handbook
("Basic Facts")
V. Document Examples
 Types of UN documents:
o Reports: most common, written by heads of bodies or agencies, variety of topics
o Resolutions: Formal expressions of opinion and will
o Decisions: Formal procedural actions, record adoption of text of doc representing
consensus of members of a body. Usually published separate and compiled
o Meeting minutes: Record of negotiations and speeches
 Verbatim (PV) or summary records (SR), with verbatim including voting
records
o Letters: Position statements by member states or UN officials, common
VI. UN Document Symbols
Unique identifier to each doc
Alphanumeric
Easiest way to identify
Symbol always the same regardless of language
 Structure of document symbols:
o First component: Letter indicating principal organ issuing/receiving document
 Examples: A/ (General Assembly), S/ (Security Council), E/ (EcoSoC),
ST/ (Secretariat)
 Some have series symbol CRC/C Committee on the Rights of
Child
o Second component: Subsidiary body or committee
 Example: First Committee of General Assembly, Commission on
Population and Development
 Period followed by more info
o Third component: Nature of the document (e.g., resolution, meeting minutes)
o Final component: Modifying component (if any)
 Addendum, amendment, corrigendum, or revision
 Add, amend, corr. Rev.

Research Strategies

I. Introduction
 Focus of video: Getting started with UN document research
 Importance of using research guides, especially from the UN Dag Hammerskjöld Library
o Research.un.org
 Guides by subject
  Overviews of UN information
 tutorials
 Overview of useful resources:
o UN library research guides (available on research.org)
o Video tutorials, subject-specific guides, and overviews
II. Research Guides
 Accessing the research guides:
o Visit research.org to find 37 different guides
o Guides available by subject or as overview guides
o Useful for learning about:
 UN documents
 Document symbols
 How to find documents
III. UN Databases for Research
 Official Document System (ODS):
o Available at documents.un.org
o Contains all documents since 1993 (resolutions, speeches, etc.)
o Also includes resolutions from principal organs since 1946
o Official documents of the UN
o Other digitized material
 UN Digital Library:
o Available at the digitallibrary.un.org
o Contains all UN documents, materials, and publications
o Distinction between official documents, official record, and additional materials
o Acts as a library catalog for the Dag Hammarskjöld Library (New York)
o Includes both print and full-text online documents
IV. Methods for Finding UN Documents
1. By Symbol:
o Example: Searching a specific resolution symbol using Google (e.g.,
ndoc.org/symbol)
o Simple searches work for post-1993 documents
o Pitfall: Revisions or modifications to documents may not be evident in Google
results
o Always cross-check with UN databases (e.g., ODS)
o Example: Searching symbol A/70/49 in ODS, where truncation can help find
revisions
2. By Country:
o UN Member States on the Record:
 Access through the UN Dag Hammarskjöld Library homepage
 Provides alphabetical list of member states with membership information
and timelines
 Example: Searching for Mexico brings up resolutions, decisions, and
timelines
 Links auto-populate results in the UN digital library
3. By Subject:
o Using Agenda Items:
  General Assembly, Security Council, and EcoSoC adopt agendas listing
items to be discussed
 Useful to locate agenda items for searching documents
 Example: Searching “scope and application of the principle of universal
jurisdiction” from the agenda of the 75th session
 Construct field search in the UN digital library based on agenda title
o Using Thesaurus and Subject Terms:
 The UN digital library Thesaurus categorizes metadata
 Use the authority search in the UN digital library to find specific
terminology
 Example: Searching “discrimination” yields a range of related terms
 Helps find relevant resources linked to search terms
 Related terms in subject fields can provide additional topics for
exploration
 Example: Searching "segregation" in past 20 years yields 3 resolutions
o In ODS:
 Searching by subject in ODS possible but more effective with Thesaurus
terms
 Search terms directly or use the authorities list to refine search

U.N. Charter
I. Introduction
 Focus of video: Resources for locating UN documents related to the Charter articles
 Overview of the UN Charter:
o Founding document of the United Nations and a multilateral treaty
o Signed June 26, 1945, in San Francisco, and came into force on October 24, 1945
o Amended three times: 1963, 1965, 1973
II. Official Publication of the UN Charter
 Depository of the UN Charter:
o The authentic full text of the Charter is located in the U.S. statutes
o Charter deposited with the U.S. government (Article 111)
o Published in the U.S. Treaty Series (USTS) and Statutes at Large
 USTS and Statutes at Large were official sources for collected treaties
(1778-1945)
o Online version: Available on the UN website under the A US tab with a
hyperlinked table of contents
III. Importance of Commentaries on the UN Charter
 Definition of a commentary:
o A treatise that provides article-by-article analysis of a primary source
o Includes comprehensive citations to cases, primary sources, and secondary
sources
 Notable Commentaries:
o Bruno Simma’s Commentary:
 Titled "Charter of the United Nations: A Commentary"
 Most important English-language commentary on the Charter and the
UN’s work
  Covers the Charter and discusses other UN resources and documents
o Goodrich’s Commentary:
 Compiled in 1946, provides valuable historical background on the
Charter’s development
IV. Additional Resources for Researching the UN Charter
 Repertory of Practice of UN Organs:
o Legal publication summarizing decisions of UN bodies
o Organized by articles of the UN Charter
o Focuses on the application and interpretation of the Charter
o Available on the UN website
o Useful for researching customary international law
 Repertoire of the Practice of the Security Council:
o Comprehensive analysis of the Security Council’s interpretation and application
of the Charter
o Organized by topic and Charter article
o Available on the UN website
V. Benefits of Using Commentaries for Charter Research
 Importance of using a commentary when researching topics within the framework of a
Charter article:
o Saves time and improves comprehension of material
o Provides historical and legal context in international law
o Offers citations to relevant primary UN sources

U.N. Resolutions
I. Introduction
 Focus: Reviewing UN resolutions, their features, and how to research them
 Best method: Using the document symbol to locate a resolution
 Alternative methods: Issuing body, title, or session details
II. What Are UN Resolutions?
 Formal expressions of the will of a UN organ
 Adopted with or without a vote
 Security Council resolutions are generally the only binding ones
 Structure:
o Preamble: Explains the reasoning and context (uses gerund-style verbs like
"recalling" and "emphasizing")
o Operative Part: Contains the decisions or actions being taken (uses present tense
verbs like "decided" or "endorses")
III. Finding Similar Resolutions
 Preamble often cites previous resolutions (e.g., sections beginning with "recalling")
 Operative Part may also reference earlier resolutions (e.g., "recalls")
IV. Dates Associated with Resolutions
 Two types of dates:
o Publication date: Found in the upper right corner under the document symbol
o Adoption date: Usually found in the title or front page of the resolution
o For citations, use the publication date
V. Versions of UN Resolutions
  Two versions for General Assembly, Security Council, and EcoSoC resolutions:
o First version: Issued with a resolution number
o Second version: Published in the official record (final authorized version)
o General Assembly: Provides hyperlinked resolutions and official records since
1946 on Dag Hammarskjöld Library guide
o Security Council and EcoSoC: Resolutions organized by session on their
respective websites
VI. Searching for Resolutions
 Using the document symbol:
o Quick access via rl.org/symbol
o For revisions, use UN databases (e.g., UN Digital Library)
 UN Digital Library:
o Simple search using document symbol in “DO field”
o Results include actual resolution, voting record, and any amendments
VII. Researching Voting Records
 To find voting records:
o Use the resource type "voting data" in the search filter
o Advanced search allows keyword, field, or document symbol search
o Results show voting records, meeting records, and draft resolutions

Official Document System

I. Introduction
 Focus: Overview of the UN's Official Document System (digi)
 Launched in 1993, significantly updated in 2016
 Houses documents from Security Council, General Assembly, and Economic and Social
Council, and their subsidiaries
II. Contents of the ODS
 Full-text database (no index records)
 Contains:
o Resolutions from principal UN organs
o Documents published by the Security Council
o Official records of General Assembly sessions
o Documents created digitally since 1993 and some pre-1993 documents (scanned
and digitized)
 Gaps may exist for documents before 1993
 Excludes: Publications for the general public (e.g., UN Chronicle, yearbooks)
III. Accessing the ODS
 URL: documents.org
 Database defaults to Advanced Search
o Search by document symbol, title, publication date, release date
o Job number field: Metadata search, not typically used by researchers
IV. Search Features in ODS
 Search Options:
o Document symbol
o Title
o Session and year
 o Agenda item number
o Sort results by relevance, most recent, or historical
 Example Search:
o Search for Security Council resolutions with truncation to include symbols
o Add subjects (e.g., "refugees," "child refugees")
o Select multiple results for bulk download, and select language if needed
V. Full-Text Search
 Natural language search: Enter keywords and phrases
 Boolean search: Use “and,” “or,” “not” for precise searches
 Proximity search: Find words within a specified distance (e.g., “freedom” within 5
words of “expression”)
 Weight connector: Emphasize key terms in a search (e.g., give more weight to the term
“child” when searching “refugee and child”)
VI. Help Document
 ODS has a help feature with a hyperlinked table of contents
o Explains Boolean connectors and search functions in detail

Know how to UN Digital Library simple and advanced search.

EU Research
 EU union proposed in 1950, only 6. Now, 27 countries, joint population of 500 million
 Supranational or multinational
o Give up sovereignty for common market
o Legal personality
 Negotiate and conclude treaties
 Member of other international organizational
 Join international conventions
o Legal basis
 Not go beyond what necessary to achieve objectives of founding treaties
 Institutional framework
o 7 institutions
 Three sources of EU law
o Primary
 Treaties establishing the EU itself
 Authority for secondary law that takes precedence over law of
member states
 Broad language
 Attached protocols
 General priciples of law
o Secondary
 Regulations
 Directives
 Decisions
  Three above are BINDING^
 Recommendations, opinions
 Not binding
 Recommendations: Call upon party to behave in a way without any
legal obligation
 Opinions: assessment, or prepare way for subsequent legally
binding acts or prerequisite before proceedings of court of justice
 Moral and political significance
 Resolutions, declarations, actions
 Not legally binding
 Soft law
o Flexibility to lawmakers
o Measure of progress to be achieved
o No political will to enact hard law
o Supplemental
 Elements of law not provided for by treaties
 Case law of EU court
 Case law of national courts
 Both have power to apply and interpret EU law but only court of justice
can rule on validity of secondary legislation
 Publications and databases
o Official journal of the European union
 Official compendium of UE Legislation and other official documents of
EU institutions, bodies, and agencies
 Published everyday Tuesday-Saturday
 In official language of EU
 Different formats
 21.9 bluebook
 L Series
 Secondary mainly
o Regulations, directives, decisions, recommendations
 C Series
 Primary, mainly
o Information from main institutions
 Notices, guidelines, announcements, resolutions,
opinions, join declarations
 Preparatory acts
 Summaries of judgments
o European court reports ECR
 Official version of cases
 Before court of justice and general court
 Published in print until 2012 and now just digital
 Judgments, opinions, orders

o EUR-Lex
 Database of EU
  Legal materials
 Most free online
 Updated everyday
 Good starter point
 Official journal on the right side
 Since 2013, electronic edition is the authentic one and you can cite
to
 Founding treaties, and other related treaties
 Consolidated legislation, preparatory acts, legislative history, EU Case
law, ECR international agreements, other official documents, national law,
case law
 Document number
 Advanced search
 Quick search
 Legal Acts on homepage
 Lists all legislation currently in force and organized by subject
o CURIA
 Locating cases from court of justice of EU
 Free online in all official languages
 Opinions from advocate general
 Notes from academic writings
 Press releases about new cases
 Search fields- case number, party, date
 Advanced search
o Europa
 Official website of EU
 Nearly any EU document here
 Including legislation
 Also statistics, press release, policy reports, etc
 Basic search information on how EU works
 Latest EU news
 Links to information on websites of each EU institutions and
agencies
o Search page is really simplistic
 Could also use an advanced google search
o To find legal docs, go to Year-lex database

Treaties of EU
 How to find them and update and locate amending legislation
 Three types
o Founding
o Accession
o Between EU and other legal entities
 Founding
o How run, how decisions made, how legally manage
o Use consolidated version
  One treaty integrated with subsequent amendments
 Pull from EUR-lex
 Succession
o Codify addition of new country to EU
 Other legal entities
o Signed with other states or intergovernmental organizations
 EUR-Lex
o Not generally with countries outside of EU
o Treaties drop-down menu
 Treaties in force
 Quick links of consolidated versions and links to official journal,
etc or text of treaty itself
o When you open treaty
 Date in European format
 Title
 Official journal is the heading at the top
 Series letter and number of issue and page number
 Look at how it was numbered before

Legislation
 7 official EU institutions but only three with legislative responsibilities
o Commission, parliament, and council
 Responsible for proposing and creating law
 Proposed by commission, council and parliament jointly decide to enact or
not
o Legally binding acts
 Regulations, directives, decisions
 All EU secondary legislation
 Regulations
o Binding legislative measure applies directly to all member states
o Automatically becomes part of national legal systems without a need for separate
procedures to enter regulations into national law
o Regulation numbers
 First institution that promulgated regulation
 EC-European community (sometimes EU after Lisbon treaty in 2009)
 Number of act itself
 Year act accepted
o Use EUR-Lex
 Directive
o Binding legal measure that also applies to all member states but allows individual
countries to devise own way of complying with the policy prescribed in the
directive
 Gives countries a choice in how the directive is implemented
 Usually within certain time frame
 More common than regulations
o 21.9
  Decisions
o Binding only on those to whom it is addressed
 Interprets directives and regulations
 Can be to individual, group, or even corporations, and member states
o 2007/53/EC
o OJ L 32, 6.2.2007, p. 23-28
o 21.9

Case Law
 Court of justice
o Judicial organ
o Three courts
 Court of justice
 Applies and interprets EU law ensuring applied equally among all
EU member states
 Settles legal disputes between EU gov and EU institutions
 Lack precedence
o Previous court decisions may be used as persuasive
authority, but rulings of each decision are binding only on
parties to whom they are addressed
 Decisions are an important aspect of court’s jurisprudence
o Rulings have force of law in member states and decisions
of the court can override national legislation and decisions
of national courts
 Enabled court to invalidate many national laws
 National courts of EU member states also
frequently decide issues of EU law without
referring questions to this court
o Frequently relevant to points of EU
law and should be considered along
with case law of EU court of justice
 Judgment of the Court (Grand Chamber), 18 December 2007, Case
C-341/05
o C = court of justice
o T and F is whether from general court of civil service
o 341 = sequential
o Date
o New citation method for all EU cases
 European case law identifier or ECI
 Since 1954 have them assigned now
 Country code (EU) or the country ie PL is
Poland. Then C for court of justice, year,
sequential number
o Ex ECLI number: EU:C:2007:809
o ECR citation: 2007 I-11767
  Pincites
 Official version on CURIA, so remember URL to
that
 Reports of cases is the official reporter for cases from European
court of justice
 General court
 Hears disputes brought by individuals, companies, or organizations
if they feel rights have been infringed upon by an EU institution
 Can be appealed to court of justice
 Civil service tribunal
 Specialized court that rules on civil service disputes (EU v staff)
 Not common
o More likely general court and court of justice

Documents
 EU parliament, council of the EU, European Commission
o Proposing and creatin glaw
o Soft laws
 Key EU Institutions in Legal Research
 EU Parliament
 Council of the EU
 European Commission
 These bodies propose and create EU law.
 Focus will be on "soft law" documents:
o Recommendations, Opinions, Resolutions, and Declarations
 Additional working documents: Reports, Debates, Position Statements
 Fundamental Differences from US System
 No strict separation of powers between EU law-making bodies.
 Strong system of checks and balances:
o Institutions are accountable to each other and to the European Court of Justice.
 Emphasis on dialogue and cooperation in the law-making process.
 European Commission
 Role and Functions:
o Executive organ representing the EU’s collective interests.
o Has executive, legislative, and quasi-judicial roles:
 Proposing Law and setting legislative and policy agendas.
 Implementing Law and investigating competition law violations.
 Managing Finances.
 Types of Documents:
o COM Documents: Draft legislation, decisions, directives, and regulations.
 Example: Communication strategy document.
 Citation format: Starts with "COM," followed by year and sequential
number; "Final" indicates final version.
o JOIN Documents: Joint proposals with the High Representative.
o SEC/SWD Documents: Staff working documents.
 Document Locations:
 o Available on Eur-Lex and Register of Commission Documents website.
 European Parliament
 Representation:
o Directly elected, representing EU citizens.
 Legislative Power:
o Shares power equally with the Council of the EU.
o Role in debating, enacting laws, supervising EU activities, and approving budgets.
 Document Types:
o Legislative and non-legislative documents, including reports, studies, debates.
o Example of a Legislative Resolution (e.g., 2007 document on battery disposal).
 Found in the C series of the Official Journal.
 Document Search:
o Available in EUR-Lex under “Browse by Institution” or “Document Number.”
o Search options: Title of Document or Full Text.
 Council of the EU
 Distinctions from Other Councils:
o Not to be confused with the Council of Europe (human rights focus, outside the
EU) or the European Council (quarterly political meetings without law-making
power).
 Role:
o Represents interests of EU member states.
o Shares legislative power with the European Parliament, develops foreign and
security policy, concludes treaties, and coordinates policies.
 Document Access:
o Found in the Official Journal, EUR-Lex, and Register of Documents.
o Best accessed via Browse by Institution if no citation is available.
 Conclusion of the Lesson
 Summary of EU legal research resources and how to access documents for each body.

EUR-Lex: Quick Search:

 Introduction to EUR-Lex Quick Search
 Quick search box located at the top of the screen.
 Allows entry of keywords, document numbers, or phrases (e.g., "consumer protection").
 Tips for searching are available once the search box is clicked or through the “search
tips” link.
 Key Points to Remember When Searching
 EUR-Lex searches through both text and titles of documents.
 Also searches additional information like tags, document types, and metadata.
 Example Search: "Quality of Water"
 Words from the search phrase are highlighted in titles and text.
 Results may be broad due to multiple instances of the phrase in EUR-Lex.
 Narrowing Down Search Results
 Use filters on the left to select additional criteria.
 Example: Select "Regulations" to limit results to regulatory documents.
 Further Refinement: Text Search within Filters
  Use text search within filters to locate regulations containing specific terms like
"circular economy".
 Selected filters appear at the top of the filter column.
 Additional Search Options
 Sorting and Exporting:
o Results can be sorted, additional information added, and lists exported.
 Editing Searches:
o Modify search terms by typing in the box at the top.
o For more specific criteria, use the advanced search link below the box.
 Conclusion and Additional Resources
 Reminder of EUR-Lex help pages and other tutorials for further guidance.

Human Rights Research

1. Introduction to International Human Rights Law
 Human rights law is a part of public international law.
 It protects individuals and groups against violations under international law.
 Key sources include the UN Charter and the Universal Declaration of Human Rights.
2. United Nations and Human Rights
 Human rights are fundamental to the UN’s mission.
 The UN Charter and Universal Declaration of Human Rights provide the framework for
human rights law.
 Principal UN Bodies Involved:
o Human Rights Council
o Third Committee of the General Assembly
o Security Council
o Economic and Social Council
o Known as “charter bodies” as they were established by provisions in the UN
Charter.
3. Human Rights Monitoring Entities
 Treaty Bodies: Created under core human rights treaties and include:
o Human Rights Committee, Committee on Economic, Social, and Cultural Rights,
Committee on the Elimination of Racial Discrimination, Committee on the
Elimination of Discrimination Against Women, Committee Against Torture,
Subcommittee on Prevention of Torture, Committee on the Rights of the Child,
Committee on the Protection of the Rights of Migrant Workers, Committee on the
Rights of Persons with Disabilities, and Committee on Enforced Disappearances.
 Role of Treaty Bodies:
o Act as enforcement mechanisms for their respective treaties.
o Made up of independent experts.
o Require State parties to submit reports on their implementation of human rights
treaties.
4. High Commissioner for Human Rights
 Established in 1993.
 Coordinates UN human rights activities, reports annually to the General Assembly.
  Acts as the moral voice for alerting the public to human rights violations.
 Produces documents such as:
o Annual Reports: Summarize the Office’s activities.
o Reports on Specific Issues: Detailed information on specific human rights topics.
o Statements and Press Releases: Found on the High Commissioner’s media page.
5. Human Rights Council
 Main body for promoting and protecting human rights within the UN.
 Formerly called the Human Rights Commission (dissolved in 2006).
 Membership: 47 UN member states; representatives are not independent experts, making
it a political body.
 Primary Functions:
o Conducts Universal Periodic Reviews (UPR) of human rights records of all
member states every four years.
o Engages in “special procedures” for investigation and reporting, performed by
independent experts on specific themes or countries.
o Produces various documents, including resolutions, decisions, annual reports, and
working documents.
6. Universal Periodic Review (UPR)
 Created in 2006 by the General Assembly.
 Reviews each country’s human rights performance every four years.
 Based on three reports:
o National Report: Prepared by the country being reviewed.
o OHCHR Report: Compiles UN data on the country.
o NGO Report: Compiles information from non-governmental organizations.
 UPR Working Group: Three representatives from the Human Rights Council oversee
the review.
 Outcome Document: Summarizes discussions and recommendations.
7. Special Procedures of the Human Rights Council
 Mechanisms for independent human rights experts to monitor and address violations.
 Two mandates:
o Country Mandates: Experts assess specific countries.
o Thematic Mandates: Focus on particular human rights issues worldwide.
 Functions:
o Conduct investigations and provide reports.
o Respond quickly to complaints of rights violations.
o Issue communications and recommendations.
o Share information with treaty bodies and other UN entities.
8. Document Access and Databases
 Key UN Databases:
o Charter Body Database: Access documents from all charter bodies.
o UN Digital Library: Best for full-text searches of human rights documents.
o Official Document System (ODS): Useful if you know the specific document
title or symbol.
 Treaty Body Database: Access documents on state reports, concluding observations,
and complaints.
9. Treaty Bodies and Their Functions
  Treaty bodies monitor human rights enforcement in ratified states.
 Core Documents:
o State Reports: Self-assessment by the state on rights implementation.
o Concluding Observations: Recommendations for improvement.
o Jurisprudence Documents: Records of state or individual complaints.
10. Additional Resources and Tips for Research
 For comprehensive research, use UN Digital Library for historical documents (since
1946).
 Refer to specific guidelines for citing in Bluebook format using rules like 2.7.3(b) and
21.7.2(d).
 The next section will cover primary sources of human rights law.

1. Primary Sources of International Human Rights Law

 Foundational Documents: The UN Charter and the Universal Declaration of Human
Rights.
 Treaties and Customary Law: Includes UN resolutions, decisions of human rights
bodies, national laws, and case law.
2. United Nations and Its Foundational Documents
 UN Charter: Created post-WWII, emphasizes dignity, equality, and human rights.
 Universal Declaration of Human Rights: Adopted by the General Assembly as the first
expression of universal human rights.
o Research Resources:
 Historical documents on the drafting process are digitized on the UN
research guide.
 Various publications offer commentary and insights on each article.
3. International Human Rights Treaties
 Global Framework: Around 25 treaties and protocols form a comprehensive legal
framework.
 UN Treaty Resources:
o High Commissioner for Human Rights website: Lists core human rights treaties
by topic, along with treaty text, status, and enforcement documents.
o UN Treaty Collection:
 Multilateral treaties deposited with the Secretary General.
 UN Treaty Series, organized by subject (e.g., Chapter IV covers human
rights, but other chapters include treaties on refugees, trafficking, etc.).
o HeinOnline’s UN Law Collection: Offers sophisticated search options but is not
always up-to-date.
 Regional Human Rights Treaties:
o Europe: Council of Europe treaty list.
o Africa: Treaties adopted by the African Union.
o Americas: Inter-American Human Rights System (OAS).
o Arab and Islamic States: Arab Charter on Human Rights (implementation
varies).
4. Determining Treaty Status and Obligations
 Resources:
o High Commissioner’s Website: Shows status and reservations of treaties.
 o Regional Body Websites and the UN Treaty Collection for human rights
multilateral treaties.
 Treaties and Customary International Law:
o Even non-signatory states may follow norms that have become part of customary
international law.
o Customary Law: Based on consistent state practices followed due to a sense of
legal obligation.
5. Locating UN Resolutions
 Research Tools:
o Charter Body Database: Search for UN resolutions by keyword, body, type,
country, subject, or mandate.
o UN Digital Library: Simple search for resolutions and decisions, with an
advanced search for complex queries.
6. UN Treaty Bodies and Their Functions
 Functions: Monitor state compliance and consider complaints from states or individuals.
 Procedure: Treaty bodies issue rulings (communications) on complaints after
investigations.
o Rulings are numbered sequentially and are available only upon final decision.
 Database: Treaty Body Database (search by committee and document type,
“jurisprudence”).
7. Researching National Human Rights Laws
 Challenges:
o Finding current, English-language legislation from specific countries can be
difficult.
 Resources:
o Class Research Guide: Human Rights tab links to a guide with collections of
national human rights laws.
o Legislationline: Database of national laws by topic or country.
o International Committee of the Red Cross: Database for humanitarian law in
national legislation.
o Refworld: UN website for refugee and asylum legislation by country and topic.
8. International Case Law on Human Rights
 Oxford Reports on International Law: Includes modules for international human rights
law cases.
o Accessing Human Rights Module:
 Browse all modules, select “International Human Rights Law,” and update
to focus the search.
o Coverage:
 Near-complete coverage of UN treaty bodies (e.g., Committee Against
Torture, Committee on the Elimination of Discrimination).
 Cases from European, Inter-American, and African human rights systems.
 Additional Databases: Listed on the class research guide’s Human Rights tab, with free
and subscription-based options.
9. Next Steps
 The next video will discuss Secondary Sources of Human Rights Law.
1. Importance of Starting with Secondary Sources
 Identifying primary sources of law can be challenging, so it’s recommended to begin with
secondary sources.
 Human rights information is gathered by interdisciplinary groups and actors, so knowing
where to look is essential.
 Key secondary sources: law journals, country reports, and news sources.
2. Law Journals and Database Research
 Law Journal Articles:
o Useful for insights into human rights from various perspectives.
o Databases contain both U.S. and international legal materials.
o Recommended to search both law-specific and interdisciplinary databases.
 Index to Foreign Legal Periodicals:
o Includes journals published abroad, providing perspectives not found in U.S.-
based articles.
o Allows subject-based searches for more specific and efficient results.
 Public Affairs Information Service (PAIS):
o Law-related database covering international public affairs, including human
rights.
o Example: Searches on APA’s involvement in torture and military interrogations
yield useful results.
3. Country Reports
 Definition: Documents from governmental, intergovernmental, and non-governmental
organizations on human rights situations in specific countries.
 Purpose: Used by activists and lawyers in treaty bodies, courts, tribunals, and
immigration cases.
 Examples:
o U.S. State Department Annual Report on Human Trafficking: Provides
country-specific efforts to combat trafficking.
o Human Rights Watch World Report: Summarizes key human rights abuses by
country each year.
 Non-Governmental Organizations (NGOs):
o Examples include Amnesty International, Human Rights Watch, and the
International Committee of the Red Cross.
o Roles include convening treaty negotiations and providing factual information to
UN bodies.
o NGOs with UN accreditation (consultative status) often provide high-quality
information.
 Intergovernmental Organizations:
o UN and regional human rights systems monitor countries’ human rights
situations.
o Accessing reports:
 UN Human Rights Council Website: UPR documents on human rights
performances.
 Special Procedures: Thematic and country-specific reports on human
rights issues.
o Examples of country mandate and thematic reports:
  Country Mandate Report: Situation of human rights in Belarus.
 Thematic Mandate Report: Enforced disappearances report focusing on
Chile.
4. Treaty Bodies and Concluding Observations
 Treaty bodies review state reports on compliance with human rights treaties and make
recommendations.
 Concluding Observations: Reports from treaty bodies with recommendations for
countries.
o Example: Committee Against Torture report on Congo’s compliance.
 Finding Reports:
o Treaty body and charter body reports can be accessed via their respective
databases or linked from the Human Rights Lib Guide.
5. Regional Human Rights Organizations
 Regional organizations also publish periodic and thematic reports similar to UN reports.
6. News Sources for Current Events
 Expanding Research Beyond U.S. News:
o Search international sources and foreign newspapers (e.g., New York Times, and
foreign-language papers with English versions).
 NGO Websites:
o NGOs often release the earliest reports on violations from specific hotspots.
o Check press releases, blogs, newsletters, and current awareness sources on Lib
Guide

1. Overview of Regional Human Rights Systems

 The three regional systems:
o Inter-American System
o European System
o African System
 Focus: Key organizations, documents, and where to locate resources.

2. Inter-American System
 Organization of American States (OAS):
o Represents 35 countries in North, Central, and South America.
o Founded in 1948 with the OAS Charter, which includes mentions of fundamental
human rights but lacks detailed enforcement mechanisms.
o American Declaration of the Rights and Duties of Man: Adopted as a
resolution, outlines civil, political, economic, and social rights.
 Institutional Framework:
o Charter-Based: Based on the OAS Charter and American Declaration.
o Convention-Based: 1968 American Convention on Human Rights, ratified by 25
states, primarily covering civil and political rights.
 Inter-American Commission:
o Conducts investigations and produces country, thematic, and annual reports.
o Receives complaints from individuals and states regarding rights violations.
o Issues Precautionary Measures: Requests to states for preventing harm in urgent
situations.
 o Friendly Settlements: Parties negotiate to resolve disputes, with the commission
intervening if needed.
 Inter-American Court of Human Rights:
o Hears cases only from states that have accepted its jurisdiction.
o Final judgments are binding and not subject to appeal.
o Research Resources:
 Commission and court documents are available on their websites.
 Case law can also be found on Westlaw, SUMMA, Oxford Reports, and
Justicia.

3. European System
 Council of Europe:
o Main body for human rights in Europe.
o Convention for the Protection of Human Rights and Fundamental Freedoms:
First human rights treaty produced by the Council.
o Access to the treaty and over 200 other treaties via the Council’s Treaty Office
website.
 European Court of Human Rights (ECHR):
o Judicial body of the Council, accepts applications from individuals and states
regarding human rights violations.
o Research Tools:
 HUDOC: Official database for ECHR case law, advisory opinions, and
legal summaries.
 Commercial Databases: Lexis, Westlaw, HeinOnline, and Human Rights
Case Digests.
o Digests help locate cases by topic, issue, or convention article.

4. African System
 African Charter on Human and Peoples’ Rights (Banjul Charter):
o Adopted by the African Union in 1981.
o Established the African Commission on Human and Peoples’ Rights, which
accepts complaints (called Communications) and conducts state compliance
reviews.
o Concluding Observations: Summarize findings on state reports.
 African Court on Human and Peoples’ Rights:
o Has jurisdiction over 26 African Union states.
o Issues both advisory and contentious decisions on Charter interpretation.
o Research Resources:
 Case law, charter documents, and resolutions are accessible on the
Commission and Court websites.
 African Legal Information Institute provides a searchable free database.

5. Diagram and Comprehensive Guides

 Responsibilities of Regional and International Bodies:
o Include handling complaints, independent monitoring through visits, and
reviewing states’ compliance reports.
  International Justice Resource Center:
o Comprehensive guide on researching human rights law globally, offering practical
resources for advocates and researchers.

6. Key Takeaway
 The course offers guidance on how to locate effective research guides to aid in efficient
searches across complex international human rights legal systems.

HUDOC: Simple Search

 Default
o Grand chamber and chamber judgements in order of latest published
o Use field to search
 Single word, phrase, sentence, application number, state, etc.
 Boolean operators can be used
 Proximity NEAR
 For more complex, there is a table in user manual
 And or not proximity quotes etc
 Spelling mistakes won’t return results but will suggest other words
 Narrow search
 Document collection
 Which case law collections
 Type of documents
 Language, state, article, keywords, etc.
 Number of docs indicated in brackets
 Clear all for default
 Sort by, alphabetical order, importance level, etc
 Highest level of importance = case reports
 Find more info in user manual
 Violation of
 View box to view
 Email link
 Print
 Download PDF
 or word

HUDOC: Advanced Search

 explanation of each field by question mark
 all of words = ands
 any of these = or
 none of these = not
 help menu for Boolean info
 check if non official translations
 documents related
 case details
 rules of court- references to procedural rules
 applicability- question raised
  conclusion field- outcome of case
o tables of the types in help menu
 separate opinions page
 domestic law when cited
 int. law and other relevant- text cited
 keywords
o parent and children
o have to reopen to change
 document sections

International Business Transactions

Introduction
1. Introduction to International Business Transactions
 Focus on researching laws governing international commercial transactions.
 Scope: Private actors (individuals or multinational corporations).
 Purpose: Orientation on the body of law for international business transactions, types of
transactions, and sources of law.

2. Perspective on Legal Area

 International business transactions fall under Private International Law.
 Definition: Regulates private relationships across borders.
 Function: Provides procedural rules to determine whether to apply the law of one
country or another.
 Private international law guides us on which country’s law to apply, impacting parties’
rights and duties and the sources of law to consider.

3. Terminology in Different Legal Systems

 In Common-Law Countries (e.g., United States, United Kingdom, Canada): Known
as Conflict of Laws or Choice of Law.
 In Civil Law Systems: Term used is Private International Law.

4. Scope of Private International Law

 Encompasses various fields:
o International business transactions
o International trade law
o International litigation
o Commercial law
o Dispute resolution
o International family law
 Focus this week: International Business Transactions.

5. Nature of International Business Transactions

 Comparable to national business dealings, with additional complexities due to:
o International boundaries
 o Distance, culture, language, and currency
 Transactions entail unique risks that are magnified by international factors.

6. Types of International Business Activities

 Exporting Goods: Direct or indirect, involving foreign agents or distributors.
 Manufacturing Abroad: Involves licensing agreements, franchising, wholly owned
subsidiaries, or joint ventures.
 Foreign Investment: Investing in domestic companies in foreign locations.

7. Legal Considerations in International Business Transactions

 Lawyers must consider:
o Client’s home jurisdiction
o Foreign jurisdiction
o Private law of contract
o International law

8. Sources of Law for Cross-Border Transactions

 Primary Source: National laws (legislation and case law).
 For U.S. practitioners:
o Consult U.S. law and foreign jurisdiction law.
o Federal U.S. statutes that regulate international transactions or disputes.
 Private International Law in International Context:
o Treaties and conventions (e.g., Hague Convention on Private International Law).
o Trade agreements, model laws (e.g., Model Law on International Commercial
Arbitration).
o International case law.

General Research Strategies

1. Introduction to Researching International Business Transactions
 Focus: Conducting legal research for international business transactions, particularly in
cross-border sales and investments.
 Objective: Identifying sources of law as a foundation for effective research in private
international law.
2. Starting the Research Process
 Identify Sources of Law: Key step for developing a research strategy.
o Includes international law (e.g., treaties, model rules), national laws from
various jurisdictions, and secondary sources like treatises and commentary.
 Research Needs:
o Locate relevant international treaties and national law.
o Consult secondary sources: treatises, books, practice manuals.
o Conduct market research for specific transactional contexts.
3. Treaties in International Business Transactions
 Treaty Relevance: Some international transactions (e.g., foreign investments) are
governed by treaties.
 Steps to Locate Treaties:
o Use treaty indexes and research guides.
 o Refer to compilations of major treaties by business transaction type.
o Use secondary sources (e.g., books, articles on transnational litigation) for treaty
overviews.
4. Identifying National Law of Specific Jurisdictions
 Use foreign law resources (e.g., Foreign Law Guide) to locate laws by jurisdiction.
 Start with a jurisdiction overview, then search by specific topics (e.g., business or
commercial law).
 English Translations: Often available for laws on commerce, trade, finance, and
banking.
5. Compilations and Summaries of National Laws
 Look for resources that compile laws or provide summaries, which may also cite original
laws.
 Research Guides: Foreign law guides often list multinational compilations of laws.
6. Databases for Foreign and International Business Law
 Thomson Reuters Checkpoint:
o Primarily a business and tax law database with substantial international and
foreign law content.
o Contains commercial laws of many countries, with regular updates on
translations.
 Commentary Sources:
o Treatises, books, and journal articles provide explanations, practical instructions,
and sample forms.
7. Other Useful Resources
 Bloomberg Law’s Getting the Deal Through:
o Offers transaction-specific overviews by country, covering a variety of
international business transactions.
 Kluwer Law Online
o IEL Private international law, etc.
 Other Databases: Include manuals like Cyclopedia of International Commercial
Litigation, IEL commercial/economic law, and IEL private international law.
 Lexis Advance Treatises:
o Provide instructions for drafting agreements with sample forms and references to
national law.
 Practical Manuals:
o Resources like "Going Global Guide" provide sample forms, agreements, and
practical guidance for transactional work.
8. Beyond Legal Research: Market Research
 Objective: Collect information on specific companies, industries, and the business
environment.
 May include data on political risks, commercial competitiveness, trends,
and forecasts.
 Resources: Organization for Economic Cooperation and Development (OECD), U.S.
government resources, private subscription databases (accessible through the FSU
library).
9. Conclusion
  Key Reminder: Researching international business transactions involves considering
domestic U.S. law, international law, private international law, and foreign law.
 Resources covered provide a comprehensive toolkit for advising clients on applicable
laws.

Researching Specific Transactions

1. Overview of Researching International Business Transactions
 Objective: Review strategies for common international business transactions.
 Types covered: Sale of goods, joint ventures, foreign investment.
 Focus on applicable international agreements and specialized research databases.
2. International Sale of Goods
 Governing Law: United Nations Convention on Contracts for the International Sale of
Goods (CISG).
o Purpose: Establish uniform rules to reduce risks and costs.
o Parties: United States and about 80 other countries.
 Research Resources for CISG:
o Primary and Secondary Sources: Case law, scholarly writings, legislative
history.
o Open-Source Databases: Institute of International Commercial Law,
UNCITRAL (UN Commission on International Trade Law) CLout, UNILEX
database for international case law and CISG bibliography.
3. Agency and Distribution Agreements
 Agents vs. Distributors:
o Agents: Act on behalf of the principal, arrange sales, and help with import
licenses; principal may be liable.
o Distributors: Sell directly, maintain inventory, act independently, not liable for
the principal’s actions.
 Drafting Considerations:
o Account for cultural norms, business practices, domestic laws.
 Resources:
o Treatises like International Agency and Distribution Agreements on Lexis for
guidance on drafting and jurisdiction-specific issues.
o Westlaw offers foreign contract agreement treatises by jurisdiction.
4. Licensing Agreements
 Definition: Agreement where a licensor permits a foreign licensee to market or sell
products in exchange for compensation.
 Research Tools:
o Secondary sources in Lexis and Westlaw provide legal and drafting insights,
sample forms, and domestic law information.
5. Joint Ventures
 Structure: Collaborative partnerships between entities from different countries.
 Purpose: Combine resources to achieve business goals, with foreign companies
contributing technology and local companies providing market access.
 Legal Requirements:
o Some countries mandate joint ventures for foreign investments, especially in
sectors like agriculture or mining.
  Research Resources:
o Westlaw Treatises: Include country-specific details and cover antitrust, tax, and
regulatory considerations.
o Lexis Getting the Deal Through: Guides on various international business
transactions.
6. Foreign Investment
 Definition: Investment from one country in assets or ownership stakes in another.
 Governing Law: Approximately 3,000 investment treaties, including bilateral investment
treaties (BITs) and regional agreements.
o Purpose: Ensure fair treatment and provide dispute resolution mechanisms.
o Dispute Resolution: Often handled by the International Centre for Settlement of
Investment Disputes (ICSID).
 Research Resources for BITs:
o Free Sources: UN Conference on Trade and Development’s BIT database, UN
Treaty Collection.
o Subscription Databases: Kluwer Arbitration (BIT texts and status for 180
jurisdictions).
 U.S.-Specific BITs:
o Negotiated by the U.S. Trade Representative and Departments of State,
Commerce, and Treasury.
o Access via U.S. State Department and Commerce Department websites.
 Foreign Investment Laws:
o Regulate tax, dispute resolution, and investment protections.
o Foreign Law Guide: Useful for locating laws by country, topic, and available
English translations.
 Locating Arbitration Awards:
o Awards are often unpublished; however, Kluwer Arbitration and other resources
in the class research guide offer select awards.
7. Conclusion
 Key Reminder: Advising on international business transactions requires considering
U.S. domestic law, international law, private international law, and foreign law.
 Resources: Multiple databases and treatises discussed aid in gathering necessary legal
information.

UNIDROIT Database
1. Introduction to the UNILEX Database
 Purpose: Database for international case law and secondary sources focused on two key
international instruments for international commercial transactions:
o CISG: United Nations Convention on Contracts for the International Sale of
Goods.
o UNIDROIT Principles of International Commercial Contracts.
2. Overview of the CISG
 Type: Multilateral agreement with 93 member countries.
 Scope: Cases under the CISG can be decided in the courts of 93 countries.
 Content on UNILEX:
o Full text and status report, including states’ reservations and declarations.
 o Detailed case abstracts and full texts (where available) for decisions worldwide.
3. Overview of the UNIDROIT Principles
 Type: Independent, non-binding codification (soft law).
 Content: 211 rules for international contracts, initially created in 1984 and revised in
1994, 2004, 2010, and 2016.
 Membership: Ratified by 64 member states.
 Content on UNILEX:
o Full text of the principles.
o Status report, including states' reservations and declarations.
o Detailed case abstracts and decisions by courts and arbitral tribunals.
4. Features of the UNILEX Database
 Decision and Award Access:
o Cases and arbitral awards searchable by date, country, arbitral tribunal, article
number, and specific issues.
 UNIDROIT Principles-Specific Search:
o Additional filters by type of contract, nationality of parties, domestic and
international law involved.
 Secondary Sources:
o Comprehensive bibliography for each instrument, searchable by author, article
number, or area of law.
5. Navigating the UNILEX Database
 By Article:
o Locate cases or awards tied to specific articles (e.g., Article 2.10.5 on liability for
negotiating in bad faith).
o Issues and concepts are divided for ease of case location, including links to cases
on specific sub-concepts.
o Example: Article 2.10.5 provides cases related to negotiating in bad faith from
both arbitral institutions and domestic appellate courts.
 Case Details:
o Includes identifying information, keywords, a short English abstract, full text in
the original language, and the publication source.
 By Contract Type:
o Browse cases by specific contract type for relevance to current case needs.
 By Subject:
o Select subjects alphabetically to locate applicable articles, e.g., "right to full
compensation" under “damages” leads to Article 7.4.2.
 Access to Secondary Literature:
o List of journal articles, book chapters, and books, organized by author, article, and
legal area.
6. Accessing UNILEX
 Availability: Free online access via www.unilex.info.
 Additional Access Points: Course research guide or international business transactions
specialized topic tab.

CISG Database (Pace) Tutorial

1. Overview of the CISG for International Sales
  Importance: Governs international sales, widely adopted with nearly 90 ratifications,
making it a successful international convention.
 Significance for Practitioners: Essential framework in international business
transactions; attorneys will likely encounter CISG-governed issues.
2. Research Tools for CISG
 Primary Resource: CISG Database hosted by Pace Law School’s Institute of
International Commercial Law.
 Access: Freely available via the International Business Transactions (IBT) research
guide.
 Content Organization:
o Divided into annotated text, legislative history, case law, and scholarly writings.
o Efficient navigation through browsing by CISG articles.
3. Navigating the CISG Database
 Steps for Using the Database:
o Browse by Article: Identify relevant CISG articles and locate materials.
o Annotated Text Pages:
 Include article text, guides, legislative history, UNIDROIT Principles
references, editorials, and commentaries.
 Case law organized by article with footnotes and specific issues.
 Links to UNICTRAL Digest, which further categorizes cases by article
and issue.
o Related Scholarly Writings: Lists books and journal articles for deeper
understanding.
o Words and Phrases Section: Defines major terms of art with links to sources
explaining them.
4. Hypothetical Case Example
 Scenario: Australian buyer and French seller contract for shock absorbers.
o Dispute: Buyer resold defective shock absorbers to a third party who returned
them; buyer terminated the contract and requested a refund.
o Seller’s Claim: Buyer inspected goods but failed to notify of defects within a
reasonable time.
 Relevant CISG Article: Article 39(1).
o Provision: Buyer loses right to rely on non-conformity if they do not notify the
seller of the defect within a reasonable time.
 Research Steps:
o Use CISG Database homepage, navigate to Article 39.
o Access full text, guide to the article, drafting history, related case law, scholarly
writings, and definitions of terms.
 Research Outcome: Database provides comprehensive access to a full range of
resources for in-depth understanding and interpretation of Article 39.
5. Conclusion
 Value of the CISG Database: An essential resource for accessing diverse materials that
aid in thoroughly researching and interpreting CISG articles.

MORE CISG
1. Introduction to the International Sale of Goods
  Significance: One of the most important types of international commercial transactions.
 Governing Law: United Nations Convention on Contracts for the International Sale of
Goods (CISG).
o Nearly 90 countries have ratified the CISG.
o Considered a highly successful international convention.
2. Relevance for Practitioners
 Legal Framework: Essential for attorneys practicing international business transactions.
 Prevalence: Many disputes are governed by the CISG.
3. Research Tools for the CISG
 Availability: Numerous great research tools, accessible even for novices.
 First Stop: Freely accessible CISG Database.
o Accessible via the IBT Research Guide on the first page.
o Published by the Pace Law School at the Institute of International Commercial
Law.
o Offers comprehensive resources for extensive CISG research.
4. Contents of the CISG Database
 Information Groupings:
o Annotated texts
o Legislative history
o Cases
o Scholarly writings
 Navigation:
o Most efficient way is to browse by CISG articles.
o Bulk of resources found under the three middle sections.
5. Navigating the CISG Database
 Identifying Relevant Articles:
o Narrow down issues and identify applicable CISG articles.
o Start by clicking on Legal Materials and Annotated Texts pages.
 Article Pages:
o Provide a convenient table of all CISG articles.
o Clicking on an article leads to a page with related materials.
6. Features of Article Pages
 Materials Provided:
o Current text of the article.
o Guide to the article, including related UNCITRAL texts.
o Applicable UNIDROIT Principles, editorials, and commentaries.
o Legislative History: Crucial for understanding intent and purpose behind each
article.
o Case Law by Article:
 Linked to the UNCITRAL Digest.
 Arranged by specific issues.
 Annotations with footnotes to discussed cases.
o Scholarly Writings:
 References and links to selected books and law journal articles.
o Related CISG Articles and Words and Phrases:
 Definitions and explanations of major terms of art.
  Links to sources explaining meanings.
7. Practical Application Using a Hypothetical Scenario
 Scenario:
o An Australian buyer and a French seller enter into a contract for shock absorbers.
o Buyer receives the first installment and resells them to a third party.
o Third party returns them within a week, claiming they are defective.
o Buyer notifies the seller, terminates the contract, and requests a refund.
o Seller sues for breach, claiming buyer failed to inspect and notify defects in a
reasonable time.
8. Identifying the Applicable CISG Article
 Article 39(1):
o States that the buyer loses the right to rely on a lack of conformity if they do not
notify the seller specifying the nature of the lack within a reasonable time after
discovery or when they ought to have discovered it.
9. Researching Article 39 in the CISG Database
 Starting Point:
o Go to the CISG Database homepage.
o Use the Legal Materials section organized by CISG article.
 Accessing Article 39:
o Provides access to:
 Text of the Convention article.
 Guide to Article 39 and its drafting history.
 Related case law with full citations and annotations.
 Scholarly writings specific to Article 39.
 Definitions of major terms and concepts related to Article 39.
10. Value of the CISG Database
 Comprehensive Resource:
o Offers a full array of sources for a deep understanding of specific articles.
 Research Efficiency:
o Helps in gaining comprehensive interpretation and application of the CISG.
 Practical Utility:
o Essential tool for resolving issues in international sales disputes.

International Litigation
I. Definition of International Litigation
 A lawsuit arising from disputes between two or more parties (individuals or businesses)
residing in different countries.
 Also referred to as:
o Transnational litigation
o Cross-boundary litigation
 Umbrella terms encompassing distinct issues or questions that arise in such disputes.

II. Recurring Questions or Issues in International Litigation

 Impact all stages of litigation, including:
1. Jurisdiction:
  Where can a suit be brought?
2. Applicable Law:
 What law can be applied to resolve the dispute?
3. Process Abroad:
 How to serve process internationally?
4. Evidence Collection:
 How to take evidence from foreign parties?
5. Judgment Enforcement:
 How will the judgment be recognized and enforced?

III. Intersection with Other Areas of International Practice

 International litigation relates to various fields, such as:
o Secured transactions
o E-commerce
o International property rights
o International investment law

IV. Research in International Litigation

 Goal:
o Learn the most useful starting points for research on distinct issues in
international litigation.
 Scope:
o Cannot address every possible issue.
 Methodology:
o Apply basic research methods to tackle international litigation aspects in U.S.
federal practice.

V. Starting Points for Research

 Primary Sources:
o Identify the legal authority governing the area, including:
 Treaties
 Statutory laws
 Rules of procedure
 Case law:
 Leading cases
 Additional cases
 Secondary Sources:
o Provide necessary background, guidance, and information to conduct legal task:
 Books
 Journal articles
 Checklists
 Reliable websites

VI. Focus Topics in Upcoming Lessons

 Key issues to be explored:
1. Service of Process
 2. Discovery
3. Enforcement of Judgments
 Approach:
o Outline research methods and strategies to locate primary and secondary sources
for each issue.

VII. Research Strategy Emphasis

 Begin with secondary sources:
o Identify good, current, and well-regarded sources.
o Use secondary sources to uncover governing authority.

Researching Service of Process Abroad

I. Introduction
 Presentation covers:
1. General overview of service of process abroad.
2. Methodology for locating secondary and primary sources.
3. Updating U.S. case law.

II. Service of Process Overview

 Key Aspects:
o Serving U.S. judicial documents abroad.
o Serving foreign documents in the U.S.
 Considerations:
o U.S. and foreign law applicability.
o Client or party’s location in relation to international conventions on service.
o Consider both US and foreign law
o What governing authorities apply
o Is country party to Hague service convention
o Has party made any objections to specific method in the declarations of treaty?

III. International Conventions

 Hague Service Convention:
o Provides methods for serving process.
o Check for reservations or declarations by countries (e.g., Germany objects to
service by mail).
 Inter-American Convention on Letters Rogatory:
o U.S. is a party for service of documents only.
 No Treaty?:
o Use letters rogatory for service. Inter American Convention for service of
document (US, again only for service)
o Federal Rules of Civil Procedure (FRCP) Rule 4(f) applies.

IV. Burden of Proper Service

 Falls on the plaintiff to ensure compliance with applicable laws and treaties.

V. Research Materials and Methodology

  Locate:
1. Practical information.
2. Practitioner and scholarly commentary.
3. Major primary authorities.
 Starting Point:
o Locate a good research guide.
 Example: Course guide page on transnational litigation.
 Books and Treatises:
1. Scholarly works and practices guides tab
o Examples:
 Litigation of International Disputes in U.S. Courts (Westlaw).
 Up to date practical guidance
 Identifies major governing authorities
 Important references
 Ch 2 – issue of service of process abroad
 International Judicial Assistance (Lexis).
 Specific practical guidance on how to advise clients with
references to US case law and governing international law
 Some other aspects of international litigation
 A great secondary source on federal practice and procedure by Wright and
Miller through Westlaw
 Look for library resources specific to service abroad
 Library Resources:
o Search specific subjects for books.
 Civil procedure
 Judicial assistance
 Letters rogatory
 Conflict of laws
 U.S. Government Websites:
o U.S. Department of State:
 Judicial Assistance Country Information.
 Service of process, obtaining evidence, enforcement of judgments
and jurisdiction- all tailored to individual countries.
 Some countries might not be listed
 Consult additional information -foreign law guide (BRILL) best
bet and search by laws by subject, conflict of laws, and private
international laws, then alphabetical list and select country you are
researching.
o U.S. Department of Justice:
 Office of International Judicial Assistance.
 Foreign Law Guide:
o Search by subject under "Conflict of Laws and Private International Laws."

I. U.S. Government Websites for Service Abroad

 Office of International Judicial Assistance (U.S. Department of Justice):
o Provides an outline for lawyers regarding its role in service abroad.
 o Navigation:
 Long list of links to current policy documents.
 Always check for updates to ensure nothing has changed.
o Example:
 Document from 2018:
 Details steps and forms attorneys must use for service of process
abroad.
 Provides highly practical information.

II. Consulting Secondary Sources

 Current Developments in Service Abroad:
o Law journals and law review articles often address new or important aspects of
service abroad.
 HeinOnline:
o Search by topic:
 Combine terms like international law and service of process for relevant
articles.
o Keyword searches:
 Use terms and connectors in simple or advanced interfaces.
 Westlaw Law Reviews and Journals Database:
o Litigating in the U.S.:
 Focus on domestic sections, not international materials.
o Litigating Abroad:
 Search international materials and World Journals database.
 LegalTrac:
o Search by subject or keywords:
 Examples provided in the transcript.

III. Primary Sources: International Conventions

US bound by two international conventions:
 1. Hague Service Convention:
o Mechanism for cross-border service of process via a central authority.
o Key point:
 U.S. Department of Justice serves as the central authority for inbound
requests only.
 2. Inter-American Convention on Letters Rogatory:
o Focuses on the legal service of documents between treaty parties.
o Additional Protocol:
 Restricts treaty relationship to countries party to the protocol.
o Service requests:
 Must originate from the requesting state’s central authority.
 Determining Applicability:
o Based on residency of the party to be served and treaty status of the country.
o Scenarios:
 Countries signed both treaties.
 Countries signed only one treaty.
  Countries signed neither treaty.

IV. Federal Rules of Civil Procedure (FRCP) Rule 4(f)

 Governs service abroad when no treaty applies.
 Provides basic requirements and a range of options for initiating process in federal court.

V. Additional Governing Authorities

 Title 28 U.S. Code:
o Key sections:
 § 1608
 § 1696
 § 1781
 Leading Cases:
o Secondary sources identify significant cases.
o Validate cases to ensure they remain good law.

VI. Case Law Research Methods

 Reliable Methods:
1. Key Numbers in Westlaw:
 Example:
 Volkswagenwerk Case (1988).
 Use headnotes to identify topics and key numbers.
 Example topics:
 Process → Personal service out of jurisdiction.
 International Law → Process or other notice.
 Hyperlinked key numbers (e.g., 313k83, 221k290):
 Lead to other cases addressing similar legal points.
 Example:
 Key number 221k290 produces seven additional cases.
2. Annotated Rules and Statutes:
 Example:
 Title 28 U.S.C. § 1781.
 Notes of decisions highlight:
 Note 8: General aspects of the Hague Convention.
 Note 9: Construction of the Hague Convention.
 Citations to relevant cases included.
3. American Law Reports (ALRs):
 Summaries and analysis of the law on specific topics across jurisdictions.
 Boolean searches:
 Use terms like service, process, and abroad in the same sentence.
 Leads to relevant articles and additional case law.

VII. West Key Number System

 Direct Approach:
o Access key number system through Westlaw’s cases database.
o Browse topics and subtopics.
  Keyword Search:
o Example terms:
 Litigation, service, process.
 International, foreign, non-resident.
o Efficiency depends on knowing precise keywords.
 Print Resources:
o Attorneys may still rely on print indexes for key numbers and case law research.

VIII. Recap of Research Process

 Steps Taken:
1. Started with research guides:
 Identified books and websites for foundational research.
2. Consulted secondary sources:
 Practice guides, treatises, law reviews, and government websites.
3. Identified and validated primary sources:
 Key numbers, annotated statutes, and ALRs.
4. Conducted case law research:
 Focused on leading cases, governing authorities, and additional cases.

Discovery

I. Introduction
 Overview:
o Evidence production abroad is significantly more complex than overseas service
of process.
 Challenges:
o U.S. allows broader discovery compared to other countries, even common law
jurisdictions.
o In civil law countries, courts, not parties, conduct evidence discovery.
o U.S. discovery process is seen as intrusive and contentious, complicating legal
relations.
II. Key Considerations for Evidence Production Abroad
 Factors to Evaluate:
o Location of evidence.
o Ownership of evidence.
o Residency of the evidence owner.
 Questions to Address:
o How to request evidence production.
o Applicable U.S. rules and statutes.
o Relevant treaties, foreign rules, procedures, and laws.

III. Research Methodology

 Step-by-Step Process:
1. Start with online research guides.
2. Consult books, practice guides, articles, and websites.
3. Review secondary sources for:
  Context and background.
 Governing authority.
 Specific legal steps.
 Recommended Research Guides:
o Class research guide.
o Discovery guide from the Federal Judicial Center (Department of Justice).

IV. Secondary Sources

 Notable Treatises and Books:
1. International Civil Litigation in U.S. Courts by Gary Born.
 Comprehensive and highly regarded starting point.
2. Practical Handbook by the Hague Conference:
 Details for each signatory country, model letters of request, and extracts
from court decisions.
3. Wright and Miller’s Federal Practice and Procedure (Westlaw):
 Section 2083 in Chapter 6:
 Information on depositions in foreign countries and letters
rogatory.
4. Litigation of International Disputes in U.S. Courts (Westlaw):
 Practical guidance with major governing authorities and references.
5. Evidence in Substance and Procedure in Private International Law by James J.
Fawcett:
 Available in Oxford Legal Research Library.
6. International Judicial Assistance (Lexis):
 Guidance on advising clients with references to U.S. case law and
international law.
 Restatements:
o Persuasive authority from the American Law Institute (ALI).
o Third Restatement of Foreign Relations Law:
 Sections 473 and 474 cover evidence discovery.
 Includes:
 Black letter rule.
 Comments and reporter’s notes.
 References to case law and primary sources.

V. Primary Sources
 International Conventions:
1. Hague Evidence Convention:
 Facilitates foreign discovery and efficient evidence production.
2. Inter-American Convention:
 Includes reservations and declarations of signatory states.
 Depository websites contain relevant details.
 U.S. Statutes:
o Title 28 U.S. Code:
 § 1781: Letters rogatory.
 § 1782: Assistance to foreign tribunals.
 § 1783: Subpoena of a person in a foreign country.
 Foreign Laws:
o Blocking statutes:
 Restrict disclosure of specific information in response to U.S. discovery
requests.
o Privacy laws:
 Vary across jurisdictions; must be considered.

VI. Additional Tools for Research

 Westlaw Practical Law Database:
o Blocking statutes chart for specific jurisdictions.
 Foreign Law Guide:
o Two research approaches:
1. By jurisdiction under "Courts and Legal System."
2. Primary sources of a specific jurisdiction page (Code of Civil Procedure).
 Multinational Sources:
o Cross-country guides in treatises and research guides.

VII. Case Law Research

 Key Cases:
1. Société Nationale Industrielle Aérospatiale (Aérospatiale Case):
 U.S. Supreme Court ruling:
 Domestic discovery rules (FRCP) can override Hague Evidence
Convention on a case-by-case basis.
 U.S. courts favor domestic rules over international treaties.
2. Rogers Case:
 U.S. court can order discovery abroad despite foreign blocking statutes.
 Research Tools:
1. Westlaw Key Numbers:
 Annotated statutes and topic headnotes.
2. Annotated Statutes:
 Title 28 U.S.C. § 1783.
3. American Law Reports (ALRs):
 Boolean search example:
 "Discovery or evidence within seven words of abroad or foreign or
international."
 ALR International includes foreign and U.S. cases.
 Restatements:
o Consult sections on obtaining evidence.
o Review reporter’s notes and case citations.

VIII. Summary of Research Process

 Steps:
1. Identify books, treatises, and practice guides using research guides.
2. Use these sources to locate:
 Primary sources governing international discovery.
 3. Locate additional cases using tools:
 Westlaw Key Numbers, annotated statutes, ALRs, and restatements.

Enforcement of Judgments

I. Introduction
 Focus:
o Research methods for:
1. Recognition and enforcement of foreign judgments in the U.S.
2. Recognition and enforcement of U.S. judgments abroad.
 Key Distinction:
o Recognition:
 U.S. courts decide whether a foreign judgment can take effect in the U.S.
o Enforcement:
 Provides the judgment creditor with a remedy after recognition.
o Note: Not all recognized judgments are enforceable (e.g., non-monetary
judgments are typically not enforceable).

II. Researching Recognition and Enforcement of Foreign Judgments in the U.S.

 Legal Framework:
o File suit before a competent court.
o U.S. has no bilateral/multilateral treaties or federal statutes governing foreign
judgment enforcement.
o Primarily a matter of state statutory and common law.
 Uniform Acts:
o 1962 Uniform Foreign Money Judgments Recognition Act.
o 2005 Uniform Foreign-Country Money Judgments Recognition Act.
o Example:
 Florida adopted the 1962 Uniform Act (codified in Fla. Stat. §§ 55.601–
55.607).
 Non-Adopting States:
o Recognition and enforcement default to common law.

III. Secondary Sources

 Encyclopedias:
o Max Planck Encyclopedia of International Law.
o Florida Jurisprudence (Volume 32, Section 377).
o American Jurisprudence.
 Key Treatises:
1. International Civil Litigation in U.S. Courts by Gary Born:
 Chapter 12: Analysis of cases and references to additional secondary
sources.
2. Enforcing Foreign Judgments in the U.S. and Abroad by Robert Lutz:
 Comprehensive guidance.
 Restatements:
o Restatement (Third) of Foreign Relations Law:
  Sections 473 and 474:
 Black letter law, commentary, notes, and primary sources.
 State-Specific Sources:
o Annotated statutes:
 West’s Florida Statutes Annotated.
 Lexis’s Florida Annotated Statutes.
o Notes of decisions provide relevant case law.

IV. Primary Law

 State Statutes:
o Review statutes based on the adopted uniform act or common law in non-adopting
states.
 Notable Case Law:
o Hilton v. Guyot:
 Established the principle of comity of nations for judgment recognition.
o Philadelphia Chewing Gum Corp. v. Carter:
 Example of court interpretation.
 Research Tools:
o Westlaw Key Numbers:
 228 for judgments:
 Subtopics K388–K832 cover relevant areas.
o American Law Reports (ALR):
 Keyword searches:
 Example: "Foreign judgments."
 Digest searches aligned with Westlaw key numbers.

V. Recognition and Enforcement of U.S. Judgments Abroad

 Legal Framework:
o Governed by:
 Treaty law.
 Foreign domestic law.
 Combination of both.
 Research Tools:
1. Foreign Law Guide:
 Laws by subject → Domestic and foreign judgments.
 Alphabetized list of countries for jurisdiction-specific law.
2. Treatises:
 Transnational Litigation: A Practitioner’s Guide (Westlaw):
 Country-by-country discussion of governing laws.
 Encyclopedia of Private International Law (Elgar):
 Broader international perspective.
 Lexology Panoramic Series (Lexis):
 Title on enforcement of judgments.
3. Westlaw Practical Law Database:
 Global home icon → Litigation and dispute resolution → Enforcement of
judgments and orders.
VI. Research Process
 Steps:
1. Determine Jurisdictions:
 Identify involved jurisdictions and their laws.
2. Consult Secondary Sources:
 Encyclopedias, treatises, practice guides.
3. Identify International Treaties/Conventions:
 Hague or other applicable conventions.
4. Look to National Law:
 Domestic laws, procedural rules, and case law.

VII. Final Review

 Research Topics Covered:
o Service of process.
o Discovery.
o Enforcement of judgments.
 Additional Topics for Exploration:
o Personal and subject matter jurisdiction.
o Foreign sovereignty
o Immunity
o Extraterritoriality.
o Choice of law.
 Determine
o Jurisdiction involved
o Consult secondary
o See if international treaty or convention applies
o If none applies, look to national laws, procedural rules, and case law