Introduction to Sources of International Law at the University of Michigan Law Library

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CONTENTS Page Alphabetical List of Contents .................................................................................ii I. INTRODUCTION....................................................................................................1 II. SOURCES OF INTERNATIONAL LAW ............................................................1 A. General Texts ................................................................................................2 B. Digests ..........................................................................................................3 C. Dictionaries and Encyclopedias....................................................................3 D. Research Guides and Bibliographies ............................................................3 E. Treaties. ........................................................................................................4 1. Locating the Text ...............................................................................4 a. United States treaties.................................................................4 b. Foreign International Treaties ...................................................6 2. Determining Whether the Treaty is in Force .....................................6 3. Interpreting the Text of the Treaty ....................................................7 F. Decisions of International Tribunals. ...........................................................7 1. International Court of Justice .............................................................7 2. Court of Justice of the European Union .............................................8 3. European Court of Human Rights......................................................8 4. International Law Reports..................................................................8 5. International Criminal Tribunal for the Frmr. Yugoslavia ................8 6. International Criminal Tribunal for Rwanda .....................................8 G. Decisions of National Courts ........................................................................9 H. Arbitration ....................................................................................................9 I. Periodicals ....................................................................................................9 J. Annuals or Yearbooks. .................................................................................10 K. International Organizations ..........................................................................11 1. Basic Reference Sources of International Organizations...................11 2. United Nations ...................................................................................11 2A. Locating United Nations Documents. ....................................12 3. European Union .................................................................................14 4. WTO/GATT ......................................................................................16 Map of Sub-2 .......................................................................................................18

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ALPHABETICAL LIST OF CONTENTS Page Annuals ........................... ......................................................................................... Arbitration .......................... ...................................................................................... Bibliographies ......................... ................................................................................. Council of Ministers of the European Union ..................... ...................................... Court of Justice of the European Union ....................... ............................................ Dictionaries ......................... ..................................................................................... Digests............................ .......................................................................................... Encyclopedias ........................ .................................................................................. European Court of Human Rights................. ........................................................... European Parliament ...................... .......................................................................... European Union ................................ ....................................................................... Foreign international treaties .................. ................................................................. GATT .................................... ................................................................................... General texts ......................... ................................................................................... International Court of Justice ................... ................................................................ International organizations.................... ................................................................... International tribunals, decisions ................. ............................................................ Map of Sub-2 ...................................... .................................................................... National courts, decisions .................... .................................................................... Periodicals .......................... ...................................................................................... Treaties ............................ ......................................................................................... United Nations ........................ ................................................................................. United Nations documents .................... ................................................................... United States international treaties ............... ........................................................... World Trade Organization (WTO) .......................................................................... Yearbooks .......................... ...................................................................................... 10 9 3 14 8, 14 3 3 3 8 14 14 6 16 2 7 11 7 18 8 9 4 11 12 4 16 10

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I. INTRODUCTION This guide to international legal research is designed primarily for students with little or no experience in doing research in international law. It is not a comprehensive treatise on the subject of international law, but rather a concise summary of the more important current English primary and secondary sources for beginning research in international law. The international law collection is located on LEVEL S-2, North Wing. Call numbers begin with JX and are further subdivided as follows: JX2 JX3 JX4 JX6 JX8 JX9 = = = = = = Periodicals (includes all journals, proceedings of societies and yearbooks) Treatises Conferences Courts and Cases Treaties International organizations

Effective research on any topic begins with a search for books in THE MLAW CATALOG, the Law Library's online catalog. For periodical literature check Legal Trac, the Index to Legal Periodicals, the Index to Foreign Legal Periodicals, and the Max Planck Institute's Public International Law (All in REF COLL: INDEXES; LEVEL S-1 and also online via Electronic Reference Collection, http://cgi2.www.law.umich.edu/_LibraryResearchLinks/Resource.asp). For further information and assistance in using the collection consult the Reference staff at the Reference Desk (LEVEL S-1; 764-9324). II. SOURCES OF INTERNATIONAL LAW International law consists of a body of rules governing the relations between states. Its historical function was the preservation of peace and it is currently related to foreign policy, power balance and economic relationships. International law is traditionally divided into two branches, public and private. Public international law regulates the relations of states among themselves and with each other's nationals. Increasing amounts of public international law are being codified under such diverse headings as international trade, criminal extradition, admiralty and international aviation law, immigration and naturalization law, conduct during wartime and human rights. Private international law (in this country frequently called conflict of laws) determines where and by whose law controversies involving more than one jurisdiction are to be resolved, as well as how foreign judgments are enforced. Private international law applies to individuals as well as corporations and other business entities. It also has been referred to as "transnational law."

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The Statute of the International Court of Justice (Article 38) defines the sources of international law as follows: a) b) c) d) e) f) g) treaties, covenants and agreements between nations. traditional law of nations, as established by customary practice and generally accepted principles of international law. international adjudications, tribunals and arbitrations. classic commentaries and digests of international law. law developed by international organizations and reflected in their documentation. law of foreign relations (including diplomatic and consular law). municipal (i.e., domestic or internal) law of individual states relating to international matters.

A.

GENERAL TEXTS To obtain an overview of international law the student should consult a general treatise. Written by scholars and authorities, they define the state of the law and also influence its development. The following are classic authoritative texts in the field: 1. Oppenheim, L. Oppenheim's International Law, edited by R. Jennings and Arthur Watts. 9th ed. 1992 (JX3 O623i 1992). 2. Brierly, J.L. The Law of Nations. 6th ed. 1963 (JX3 B853 1963). 3. Schwarzenberger, G. Manual of International Law. 6th ed. 1976 (JX3 S415m 1976). 4. O'Connell, D.P. International Law. 2nd ed. 1970 (JX3 O183i 1970). 5. Von Glahn, S. Law Among Nations. 7th, rev. ed., 1996. (JX3 V9465L 1992). 6. Steiner, H.J. & Vagts, D. Transnational Legal Problems. 4th ed. 1994 (MAIN DESK: CASEBOOKS). 7. Bishop, W.W. International Law: Cases & Materials. 3rd ed. 1971 (MAIN DESK: CASEBOOKS). 8. Henkin, L. International Law: Cases & Materials. 2nd ed. 1987 (CASEBOOKS). 9. Dicey, A. Dicey and Morris on the Conflict Of Laws. 13th ed. 2000 (JX3 D547c 1987). 10. Kahn-Freund, O. General Problems of Private International Law. 1976 (JX3 K1288ge 1976). 11. Ehrenzweig, A. Private International Law. 3 volumes. 1967 (JX3 E3265p 1967). 12. Brownlie, I. Principles of Public International Law. 5th ed. 1998. (JX3 B8855p 1990). 13. Bederman, D. International Legal Frameworks. 2001 (JX3 B3987i 2001). 14. Janis, M. An Introduction to International Law. 3rd ed. 1999 (JX3 J3297i 1999).

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B.

DIGESTS The official record of United States practice in matters pertaining to international law is available in various digests, which have been published under the auspices of the Department of State. 1. Digest of International Law, compiled by G. H. Hackworth. Washington, GOP, 1940-1944, 8 volumes. (JX3 H123d 1940). Covers the years 1906-1939. General index and list of cases in Volume 8, but no document index. 2. Digest of International Law, prepared by Marjorie M. Whiteman. Washington, GOP, 1963-1973. 15 volumes. (JX3 W5945di 1963). Successor to Hackworth's, covers the period of 1940-1960. Volume 15 contains the general index, list of abbreviations used, list of cases cited and a list of main entries. Disadvantage--uneven coverage. Each volume includes material compiled up to its date of publication, but the individual volumes were published out of order over a ten-year period. 3. Digest of United States Practice in International Law. U.S. Department of State, 1973-1980. Annual (JX2 D51 U58); Contd by Cumulative Digest of United States Practice in International. 1981-1988 (JX2 C971 D57 U58); Contd by Digest of United States Practice in International Law. 2000- (JX2 D51 U581). Continues Whiteman's digest. Similar in form to former, but differs in content as it is limited to mainly noting the record in vital areas of international law during the calendar year and to the United States practice. 4. American Society of International Law. American Journal of International Law. (JX2 A51). Contains in each quarterly issue a section "Contemporary Practice of the United States Relating to International Law." Prepared by the Department of State specialists and follows the same arrangement as the Annual Digest. 5. International Legal Materials, bi-monthly. (JX2 A516i). Publishes important texts, documents, treaties, decisions, regulations, etc., relating to inter-national law and makes available such documentation well ahead of most other publications.

C.

DICTIONARIES AND ENCYCLOPEDIAS Until 1981, there was no English-language reference work covering the field of international law generally. The first such tool began publication under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the title: 1. Encyclopedia of Public International Law. 1992. 4 volumes. (REF COLL: DC 5 I61 E56). The Encyclopedia comprises 1300 articles dealing with all aspects of public international law, in alphabetical order, covering broadly a specific subject area. 2. International Encyclopedia of Laws. 1992- (REF COLL: FL6 I611 E564 C582 P96 & FL6 I611 E564C748). This multi-volume set comprises laws of foreign countries in many subject areas, including civil procedure, commercial and economic law, etc.

D.

RESEARCH GUIDES AND BIBLIOGRAPHIES 1. Research Guides a. George Washington Journal of International Law and Economics. Guide to International Research. 3rd ed. 1998 (REF COLL: BIBLIOG GUIDE TO). b. Rehberg, Jeanne & Popa, Radu. BIBLIOG ACCIDENT). Accidental Tourist on the New Frontier. 1998 (REF COLL:

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In addition, general descriptions of researching international law can be found in a number of standard works on American legal research: c. Cohen, Morris. How to Find the Law. 9th ed. 1989. Chapter 15 (MAIN DESK: BIBLIOG). d. Cohen, Morris. Legal Research in a Nutshell. 7th ed. 2000. Chapters VIII and XII (CLOSED RESERVE: BIBLIOG). e. Mersky, Roy. Fundamentals of Legal Research. 8th ed. 2002. Chapter 20 (REF COLL: BIBLIOG MERSKY). f. Price, Miles O. Effective Legal Research. 4th ed. 1979. Chapters 6 and 29 (REF COLL: BIBLIOG PRICE). 2. Bibliographies. a. Delupis, Ingrid. Bibliography of International Law. 1975 (BIBLIOG DETTER) b. Robinson, Jacob. International Law and Organization. 1967 (REF COLL: BIBLIOG ROBINSON). c. Max Planck Institute for Comparative Public Law and International Law. Public International Law: A Current Bibliography of Articles. 1975- Published twice a year. (REF COLL: INDEXES PUBLIC_I). d. Index to Legal Periodicals. 1886- (REF COLL: INDEXES & online via Electronic Reference Collection). e. Current Law Index. 1980- (REF COLL: INDEXES & online via Electronic Reference Collection under Legal Trac). f. Index to Foreign Legal Periodicals. 1960- (REF COLL: INDEXES & online via Electronic Reference Collection). g. American Society of International Law. American Journal of International Law. (JX2 A51) Bibliographic section of each issue is an invaluable source of information on current publications. E. TREATIES. International agreements, whether they are called treaties, conventions, executive agreements, exchange of notes, understandings, protocols or otherwise, constitute the bulk of contemporary international law. Research problems relating to treaties may be grouped into three broad categories: 1. Locating the text of the treaty. 2. Determining whether a particular treaty is in force, for what parties and with what reservations. 3. Interpreting the text of the treaty. 1. Locating the Text a. United States Treaties and international agreements usually are published in the following forms:

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1. Press releases of the State Department, issued on the date of the signing. 1929-1939 (JX2 U58 D4p P9) 2. United States. Congress. Senate. Executive [Documents]. (JX8 9 U58.3 S4d) Through the 96th Congress (1979-80) they contain the texts of treaties submitted to the Senate for ratification, but usually are not publicly available until the injunction of secrecy has been removed. Library has 1977-1980. This publication is no longer being published in print. 3. Senate, House & Treaty Documents. http://www.access.gpo.gov/congress/cong006.html. Beginning with the 104th Congress this online resource supersedes the Senate Executive Documents and contains the texts of treaties to which the United States is a party. 4. Treaties and Other International Acts Series (TIAS) 1946- (JX8 9 U58.3 S7tr). First widely disseminated official version of treaties and agreements which have entered into force; in pamphlet form; similar to slip laws. There is a several year time lag between the entry into force of a treaty and its publication in the TIAS. These are kept until replaced by a bound volume. 5. United States Treaties and Other International Agreements (UST) (JX8 9 U58.3 A). Published by the Department of State since 1950, this is the United States permanent official treaty series that culminates and replaces the TIAS. Texts of agreements are published both in English and any other official language. Arranged in consecutive TIAS order, each volume has an index by subject and country. There is a many year time lag between the entry into force of a treaty and its publication. A commercially published index to United States treaties is Kavass, United States Treaty Index: 1776-2000 Consolidation (REF COLL: INDEXES US TREAT) that is updated and kept current by new consolidations and supplements. 6. Hein's United States Treaties and Other International Agreements--Current Microfiche Service 1991- (Index (edited by Kavass) in REF COLL: INDEXES US, microfiche at MICRO-10 S408). This service is intended to provide the full text of current, unreleased treaties and international agreements. 7. International Legal Materials (JX2 A516i) published bi-monthly by the American Society of International Law is a collection of current official foreign and U.S. documents relating to international legal affairs. Documents include current materials that may not become available in more permanent collections until a later date and also recent treaties or drafts that are not readily accessible in any other form. 8. U.S. Treaties online at Thomas. http://thomas.loc.gov/home/treaties/treaties.htm. All agreements and treaties (over 650) considered by the U.S. Congress from the 90th (1968) Congress - current session, covered by at least title and status. Full-text treaties are available from 104th (1996) present. 9. For most retrospective purposes, you can use Treaties and Other International Agreements of the United States of America, 1776-1949, edited by C. E. Bevans. It includes the English text of all treaties and agreements which were published in Statutes at Large between 1776-1949 and is divided as follows: Volumes 1-4, multilateral conventions arranged chronologically; Volumes 5-12, bilateral agreements arranged alphabetically by country; Volume 13, general index. (JX8 9 U58.3 1968).

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b. Foreign International Treaties. The most important of series that publish treaties of various countries are: 1. League of Nations Treaty Series (LNTS) 1920-1946. (MICRO-10 LLMC 79-454) LNTS contains treaties registered with the League of Nations between League of Nations members or between League members and non-members. 2. United Nations Treaty Series (UNTS) 1946- (JX9 UN.8 V.1). This is a continuation of the League of Nations Treaty Series (LNTS). UNTS publishes all treaties registered with the United Nations or filed by non-member states or international organizations. Treaties appear in their original languages and in English and French translations. Cumulative indexes, covering 50-100 volumes each, consist of three sections: chronological index, general international agreements index and an alphabetical country and subject index. Although UNTS is the most comprehensive treaty collection, the time lag of its publication is six to eight years. 3. United Nations Treaty Collection. http://untreaty.un.org/English/treaty.asp. This online collection includes 10 categories of treaty-related data, including Status of Multilateral Treaties Deposited with the Secretary-General, Full-text treaties via the United Nations Treaty Series (1946 -), and Texts of Recently Deposited Multilateral Treaties. 4. Organization of American States Treaty Series. (Classified separately in JX9. Check the MLaw Catalog under the name of the treaty.) The OAS Treaty Series supersedes the Pan American Treaty Series. It includes multilateral treaties concluded among countries of the Western Hemisphere. 5. European Treaty Series. 1950- (JX9 CE.1 E89t). Includes treaties among the members of the Council of Europe. 6. European Conventions and Agreements. (JX9 CE.1 E89ta 1971). Published by the Council of Europe, this invaluable compilation is published in three volumes. Volume I, 1949-1961; Volume II, 1961-1970 with index volume; Volume III, 1972-1974. 7. Consolidated Treaty Series. (JX8 3 C65 1969) Includes treaties from 1648-1919 (until League of Nations Treaty Series begins). Arranged chronologically, in French or English translation (summary is provided if no translation is available). A five-volume index guide. 2. Determining Whether the Treaty is in Force a. Treaties in Force 1941- (JX8 9 U58.1 U5t; Latest paper issue in REF COLL: INDEXES US_DEPT; also online at http://www.state.gov/s/l/18531.htm). Published annually, this index lists the treaties and international agreements of the United States which the State Department considers to be in force on January 1 of a given year. Part I lists bilateral agreements under the name of the country and is subdivided by subject. Part II lists multilateral agreements arranged by subject followed by a listing of signatories. Treaties in Force between its annual revisions is supplemented by the Treaty Information section of the weekly U.S. Department of State Dispatch (JX2 U107). b. Multinational Treaties Deposited with the Secretary-General. 1968-. (JX9 UN.8 V L49mt; Latest paper issue in REF COLL: INDEXES MULTILAT; also online at http://untreaty.un.org/English/treaty.asp) This annual publication resembles Treaties in Force. It reflects treaty status as of December 31. In addition to multilateral treaties, each volume also includes conventions for which the Secretary-General acts as depository. Each volume, arranged into twenty-four broad subject categories, contains comprehensive lists of signatures, ratifications and accessions, and the full text of any accompanying declaration or reservation. Multinational Treaties, between its annual revisions, is supplemented by the "Conventions and Agreements" section of the monthly UN Chronicle (JX9 UN.8 I U582).
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c. Status of Inter-American Treaties and Conventions. 1973- (JX9 OAS.81 L49 E79tca). Biennial publication. (#5 of OAS Treaty series). d. Inter-American Treaties and Conventions; Signatures, Ratifications and Deposits with Explanatory notes. 1954-1980 (JX9 OAS.1 G326 161te & REF COLL: INDEXES INTER-AM 1985). Published annually. (#9 of OAS Treaty series). e. Chart Showing Signatures and Ratifications of Council of Europe Conventions and Agreements. 1976(JX9 CE.55 L496 E831). Annual publication. Information about treaties to which the U.S. is a party (new ratifications, etc.) can be found in: f. Department of State Bulletin. 1939-1989 contains a Treaty Information section. (JX2 U58 D4p D42). Published monthly, the bulletin

g. U.S. Department of State Dispatch. 1990-1999 (JX2 U107); also online at http://dosfan.lib.uic.edu/ERC/briefing/dispatch/index.html(1993-96)& http://www.state.gov/www/publications/dispatch/index.html (1997-99). This title continued the Department of State Bulletin; published weekly, it has a Treaty Information section. 3. Interpreting the Text of the Treaty For the interpretation of the text of a treaty, you will need its legislative history, its application by the executive and judiciary and its analysis by writers on international law. In researching the legislative history of a treaty, an extensive search of the documentation of the governmental agencies of each participating party is required. Proceedings of the conference that led to the conclusion of the treaty, as well as documents of international organizations must be consulted, and last, but not least, treatises and periodical articles dealing with the subject matter must be checked. For legislative history of United States treaties, Senate Executive documents, reports and debates in the Congressional Record are the basic sources. F. DECISIONS OF INTERNATIONAL TRIBUNALS. Judicial decisions of international tribunals represent another source of international law. tribunals: Of those

1. International Court of Justice, created by the Charter of the United Nations, is the only truly worldwide tribunal, its jurisdiction extending to all states, whether or not they are members of the United Nations. Non-members can be parties before the Court if they accept its jurisdiction. The Court publishes its decisions first in advance-sheet form, and later in two annual collections: a. Report of Judgments, Advisory Opinions and Orders. 1947- (JX6 4.4 R3). b. Pleadings, Oral Arguments, and Documents. 1947- (JX6 4.4 P7). Similar to briefs and records of American Appellate Courts. c. Yearbook of the International Court of Justice. 1946- (JX6 4.3 Y3). Contains information on the developments in the Court's jurisdiction, its organization, its administration, its finances, biographical data of the judges and bibliographic list of all the cases before the court.

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d. Case Law of the International Court, edited by Edward Hambro and Arthur W. Rovine. 1952-1974 (JX6 3.3 C3). This is a digest of the decisions of the present court arranged by topic. e. Digest of Decisions of the International Court, edited by K. Marek. (JX6 4.6 P92 1974). Two volumes, 1974-1978. Volume 1: Permanent Court of International Justice. Volume 2: International Court of Justice. f. Encyclopedia of Public International Law. (JX3 E56 P976 I61 1981 v.2). Volume 2 is entitled "Decisions of International Courts and Tribunals and International Arbitrators." 2. Court of Justice of the European Community is a tribunal of a regional organization with international jurisdiction. Its decisions are published in Reports of cases before the Court of Justice and the Court of First Instance. 1954- (JX9 EC.6 R425) See K.3., infra, for additional information on publications. 3. European Court of Human Rights publishes its decisions in the following: a. Publications, Series A--Judgments and Decisions. 1961- 1996 (JX9 CE.55 H95pa). b. Publications, Series B--Pleadings, Oral Arguments and Documents. 1960-1995 (JX9 CE.55 H95pb). c. Reports of Judgments and Decisions. 1996-1998 (JX9 CE.55 H95re). d. Reports of Judgments and Decisions. 1999- (JX9 CE.55 H95rep). e. Human Rights Case Digest. 1994- (JX9 CE.6 H918 R57 C33) & online (1990-)(See the MLaw Catalog, http://umil.iii.com/, for links to Human Rights Case Digest Online). 4. International Law Reports. Edited by Hersch Lauterpacht. (JX6 6 I61) 1919- . Reprints selected decisions of national courts, but also indexes decisions of the International Court of Justice, Court of Justice of the European Communities, Administrative Tribunal of the International Labor Organization, decisions of selected claims, conciliation and arbitration commissions, etc. It was formerly entitled Annual Digest of Public International Law Cases. Cumulative indexes. 5. International Criminal Tribunal for the Former Yugoslavia (ICTY). a. b. c. Basic Documents. 1995- (JX6 5 I61 Y9ba) & http://www.un.org/icty/basic.htm. These documents include statute of the tribunal, rules, indictments and proceedings, and judgments. Annual Report. 1994- (JX6 5 I61 Y9a) & http://www.un.org/icty/pub.htm. Annotated Leading Cases of International Criminal Tribunals. 1999- (JX6 6 A615 L43).

6. International Criminal Tribunal for Rwanda. a. Basic Documents. 1999- (In processing of ordering for the Library as of Nov. 2003) & http://www.ictr.org/legal.htm. These documents include resolutions, rules, agreements, cases in progress, and completed cases. International Criminal Tribunal for Rwanda. 1998 (JX9 UN.82 M877in). Vol. 2 contains documents of the Rwanda Tribunal. Annotated Leading Cases of International Criminal Tribunals. 1999- (JX6 6 A615 L43).

b. c.

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G.

DECISIONS OF NATIONAL COURTS A large body of judicial decisions dealing with international law can be found in the national court reports of individual countries. Two of the most important compilations are: 1. American International Law Cases. edited by Francis Deak and Frank S. Ruddy. 1783- (CASEBKS American). Sixty volumes in three series. Cases contain decisions of federal and state courts of the United States involving questions of public international law. Index. 2. British International Law Cases, edited by C. Perry. 1964-70. (CASEBKS British). Ten volumes. This series is a collection of decisions of the courts of the British Isles on issues of international law. No commentary is given. A cumulative index is available for the first eight volumes.

H.

ARBITRATION 1. Permanent Court of Arbitration. Under its own modern rules of procedure, which are based upon the UNCITRAL Arbitration Rules, the PCA administers arbitration, conciliation and fact finding in disputes involving various combinations of states, private parties and intergovernmental organizations. a. b. Summaries of Awards, Settlement Agreements and Reports. 1999 (JX6 2.6) & http://www.pca-cpa.org/ENGLISH/RPC/. Basic Documents. 1998 (JX6 2.3 P4512 B311 D63) & http://www.pcacpa.org/ENGLISH/BD/.

2. United Nations' Reports of International Arbitral Awards 1948- (JX9 UN.8 V L49r). Published in English or French, depending on the language of the original, these reports include mediation and conciliation agreements as well as arbitral awards rendered by a tribunal or an individual selected by the parties. 3. Collection of ICC Arbitral Awards, 1974-1995 (JX9 ICC.2 C862c 1990). Arbitral awards involving private parties. 4. A.M. Stuyts, Survey of International Arbitrations, 1794-1989. (JX3 S938s 1990). A contemporary digest. I. PERIODICALS 1. The American Journal of International Law. 1907- (JX2 A61) It contains substantive articles, case notes, book reviews, a summary of current United States policy and practice, selection of documents and resolutions of international organizations. This is the most prestigious journal in the international legal field. Frequently supplemented by

2. International and Comparative Law Quarterly. 1952- (JX2 I7 A5) documentary material in pamphlet form. This the leading British journal.

3. Bulletin of Legal Developments 1966- (FL2 B938) Published biweekly by the British Institute of International and Comparative Law, it provides a concise, comprehensive overview of recent activities in a given field. Annual index.

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4. Many American law schools and professional associations publish journals with an international law emphasis--a few examples are: a. b. c. d. e. f. g. J. Cornell International Law Journal, 1968- (JX2 C814). Harvard International Law Journal, 1967- (JX2 H331). Law and Policy in International Business, 1969- (JX2 L49 B97). Vanderbilt Journal of Transnational Law, 1967- (JX2 V2281). Journal of World Trade Law, 1967- (JX2 J798). Virginia Journal of International Law, 1960- (JX2 V67). Michigan Journal of International Law, 1979- (JX2 M762 Y39)

ANNUALS OR YEARBOOKS. Annuals or Yearbooks fall into three categories. The first category is annually published collections of articles or documents, e.g.: 1. British Year Book of International Law, 1920- (JX2 B86). Contains substantive articles by leading British specialists, surveys of British court decisions affecting public and private international law, and book reviews. 2. Japanese Annual of International Law, 1957- (JX9 ILA.2 J35 J36). Includes texts of Japanese court decisions and chronological list of treaties concluded by Japan. 3. Netherlands Yearbook of International Law, 1970- (JX2 N399). In addition to substantive articles and key documents, includes reports on Dutch international legal practice, treaties and judicial decisions. The second category includes proceedings or reports of annual conferences or conventions. 1. American Society of International Law. Proceedings of the.Annual Meeting. (JX2 A516p) 1972Between 1970 and 1973, the Proceedings were a part of the American Journal of International Law, (JX2 A51). 2. Institute of International Law. Annuaire de lInstitut de Droit International. 1877- (JX9 II L A61). Reports on the annual meetings, contains texts of resolutions adopted, which often are in the form of draft multilateral conventions. 3. Hague Academy of International Law. Recueil de Cours. 1950- (JX2 H2r). The Recueil prints, in English or French, the collected lectures of international scholars from various countries at the annual sessions of the academy. The sessions last about six weeks and are divided into two periods: one devoted to private, the other to public international law. The third category of yearbooks is annual almanacs or manuals which contain factual information about the activities of select organizations or achievements in a specific field for a given year. 1. Yearbook of International Organizations. 1966- (JX9 A Y3 & Latest edition in REF COLL: DIRECT YEARBOOK). 2. Yearbook of the United Nations. 1946/47- (JX9 UN.8 I Y3; Latest edition in REF COLL). 3. Statesman's Yearbook. 1966- (DIRECT STATEMA & Latest edition in REF COLL: DIRECT STATEMA). 4. Max Planck Yearbook of United Nations Law. 1997 - (JX9 UN.82 M463 P71 Y3).

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K.

INTERNATIONAL ORGANIZATIONS A continuously increasing body of international law emanates from international and regional organizations. The Law Library's international organizations (JX9) collection is housed on Level S-2, North Wing, except European Union materials, which are located in the EC Documents Center, S-2 Core (see map on p. 18, infra), and for new monographs that are being classified under the Library of Congress scheme, which are located on Level S-1North. The arrangement of the JX9 collection is basically an alphabetical one, according to the most commonly used acronyms of the organization's name (e.g., Council of Europe = JX9 CE; Organization of American States = JX9 OAS) the only exception being the specialized agencies of the United Nations, e.g. Food and Agriculture Organization of the United Nations, International Monetary Fund, etc. which are classified with the parent organization. For each organization, an attempt has been made to obtain its basic documents, bulletins and annual reports. 1. Basic Reference Sources of International Organizations. There are several useful surveys of the law of international organizations. a. Bowett, D. W. The Law of International Institutions. 5th ed., 2001 (LC COLL: KZ4850. S26). b. Schermers, H. G. International Institutional Law. 2nd ed., 1980 (JX9 A.1 S326i 1980). c. Peaslee, A. J. International Governmental Organizations: Constitutional Documents. 3rd rev. ed., 1974-1979. 5 volumes. (JX9 A.1 P363i 1974). A brief history, lists of members, the address of headquarters and a brief bibliography are given for each organization. d. Yearbook of International Organizations. 1966- (JX9 A Y3; Latest issue in REF COLL: DIRECT. YEARBOOK). Published by the Union of International Associations, the Yearbook contains entries for over 4,000 international organizations. Each entry gives the main publications of the organization, the body's purpose and membership, its address, date of establishment and various statistics. Of the several hundred plus international organizations represented in the Law Library, the three most comprehensive collections are those of the United Nations, European Union, and World Trade Organization (WTO/GATT). 2. United Nations. The following materials describe the history of the U.N. and analyze its function and legal status. a. Goodrich, L. M. Charter of the United Nations; Commentary and Documents, 3rd rev. ed., 1969 (JX9 UN.82 G65c 1969). b. Simma, B. The Charter of the United Nations: A Commentary, 2nd ed., 2002 (LC COLL: KZ4991 .C48). c. Sohn, L.B. Cases of United Nations Law, 2nd ed., 1967 (JX9 UN.82 S682c 1967). Supplemented by Basic Documents of the United Nations. 2nd ed., 1968. (JX9 UN.82 S682b 1968). d. Harris, D.J. Cases and Materials on International Law, 5th ed. 1998 (CASEBKS HARRIS).

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e. Everyman's United Nations. 8th ed., 1968 (JX9 UN.8 I E93). Covers the period 1948-1968, detailed history. f. Everyone's United Nations. 10th ed., 1986 (JX9 UN.8 I E931). Concentrates on the work of the UN and related agencies since 1965. g. Yearbook of the United Nations. 1966/67- (JX9 UN.8 I Y3; latest edition REF COLL). Describes the proceedings and activities of the organization for every twelve-month period and gives an account of the major aspects of the work of specialized agencies for each year. Membership lists of the United Nations and its agencies are included and references to official United Nations documents are given at the end of each chapter. There is a three-year lag between the year reviewed and the date of publication. It is the best place to begin research on a problem of international law handled by or relating to the United Nations. h. United Nations Juridical Yearbook. 1963- (JX9 UN.8 V U582j; latest edition and Index REF COLL). Includes selected texts of documents concerning the legal status of organizations within the United Nations system, as well as discussions of the legal activities of those organizations. The Yearbook also covers the judicial decisions by international and national tribunals. The last chapter is a legal bibliography of books and articles about the United Nations and other international organizations. i. United Nations International Law Commission Yearbook. 1949- (JX9 UN.8 V I61y; latest edition REF COLL). Issued in two volumes annually since 1949, this publication contains the summary records of the International Law Commission in Vol. 1, and documents relating to the subjects discussed, including the report to the General Assembly, in Vol. 2. Yearbook/United Nations Commission on International Trade Law. 1968/1970- (JX9 UN.8 V C73it; latest edition REF COLL). This yearbook relates to the activities and documents of UNCITRAL.

j.

k. UN Chronicle. Vol. 1, May 1964- monthly. (JX9 UN.8 U582). Each issue contains a complete record of the month, describing the proceedings, decisions and resolutions of the main organs and committees of the United Nations in political, economic, social, legal and administrative fields. The Notes-of-theMonth section includes announcements of international meetings, conventions and agreements, and a selective list of documents. 2.A. Locating United Nations Documents. United Nations documents and sales publications are issued in mimeographed, offset, or printed form. They are identified by series symbol, sales code, or Official Record designation. The Law Library has the mimeographed documents and the Official Records of the United Nations on microfiche from 1946present (Readex Microfiche Collection, MICRO-10 UN); for instructions on using this collection, see the handout entitled "United Nations Documents on Readex Microfiche," available at the Reference Desk. An online index to the Readex Microfiche Collection, Access UN, exists through the Law Librarys Electronic Reference Collection, http://www.law.umich.edu/library/eres/ereslist/ereslistindex.htm. This Index includes Official Records, masthead documents, draft resolutions, meeting records, UN Sales Publications, and the UN Treaty Series citations. Also included is the full-text of several thousand UN documents.

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PDF images of UN Official Documents may also be accessed via the web at http://www.un.org/documents, and via the Law Librarys Electronic Reference Collection, http://www.law.umich.edu/library/eres/ereslist/ereslistindex.htm. The UN's ODS (Official Document System) database covers all new official documents (including UN Official Records) and many older documents. Eventually, ODS will contain all official documents from 1946 to the present. United Nation treaties may also be accessed full-text online via the United Nations Treaty Collection. http://untreaty.un.org/English/treaty.asp. This online collection includes 10 categories of treaty-related data, including Status of Multilateral Treaties Deposited with the Secretary-General, Full-text treaties via the United Nations Treaty Series (1946 -), and Texts of Recently Deposited Multilateral Treaties. The Law Library also has a paper copy of the Official Records from 19461980, as well as paper copies of a variety of United Nations sales publications. To locate paper Official Records and sales publications, check the MLaw Catalog. The Hatcher Graduate Library, which is a United Nations Depository Library, has paper United Nations documents, including Official Records, from 1945-present, as well as the Readex Microfiche Collection. Check the Documents Center (320 Hatcher North) for specific holdings in paper. You should also check Mirlyn for documents and sales publications. In using United Nations documents for research, proceed from the highest organ to the lowest subsidiary body, from the general to the specific, and from current to retrospective. The following steps may be helpful: a. A general manual, such as Everyone's United Nations (supra JX9 UN.8 I E931) should be consulted for the background of a topic, and the time period the topic was considered. b. Having determined the time period in step a, the Yearbook of the United Nations (supra JX9 UN.8 I Y3; latest in Ref. Coll. JX9 UN.8 IY3) of the relevant year(s) should be consulted for summaries of action on a question and for selected documentary references. c. For comprehensive documentary references, there are two approaches: First, if the topic was discussed by the General Assembly, Security Council, Economic and Social Council or Trusteeship Council, the relevant Index to Proceedings should be consulted. 1. 2. 3. 4. General Assembly. 1950- (REF COLL: JX9 UN.2 Sess. X) Economic and Social Council. 1952- (REF COLL: JX9 UN.5 Sess. X) Security Council. 1964- (REF COLL: JX9 UN.6 YR) Trusteeship Council. 1953- (REF COLL: JX9 UN.7 Sess. X)

Each index includes the following: 1. The list of officers of the session. 2. Information concerning the rules of procedure and the resolutions and decisions of the session. 3. Checklist and Agenda of the meetings. 4. Subject index listing, the documents and action taken on the question during the session. 5. Numerical list of documents, with information on their re-issuance, if any.

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Second, if the time period is prior to 1997, and if the topic is more general, consult UNDOC, UNDEX, UNDI subject indexes: 1. UNDOC: Current Index. Published monthly, 1979-1996 (REF COLL: JX9 UN U563). 2. UNDEX: United National Documents Index. Covers documentation issued from 1974-1978 (REF COLL: JX9 UN U56a). 3. (UNDI). United Nations Documents Index. Covers documentation from 1950-1973 (REF COLL: JX9 UN U55n). d. The documentary references obtained should be sifted to determine the organ (plus subsidiary organs) that has treated the substantive aspects of the topic, and the development and action taken should be followed through the periodic reports of these organs. The list of documents considered by an organ is often appended to its periodic reports; this list may be used to identify reports and papers on more specific aspects of a question. e. Current developments may be followed in the latest issues in the UN Chronicle (supra ) and in newspapers. f. Citations to UN documents may be found via Access UN (supra), the online index to the Readex Microfiche Collection. Copies of microfiche documents may then be requested from the Circulation Desk on Level S-2. Access UN may be searched by a variety of parameters, including subject, agenda/session, title, author, document type, document number, etc.

g. Finally, various UN documents, such as some Security Council, General Assembly and Economic and Social Committee documents, may be found full-text on the web at: http://www.un.org/documents/. 3. European Union. The European Union comprises the European Coal and Steel Community (founded 1952), the European Economic Community (established 1958) and the European Atomic Energy Community (established 1958). These three original organizations are now referred to as the European Communities. In 1967, the principal organs of the three communities were merged. These member organs include: a. European Commission: A permanent body made up of 20 members responsible for the implementation of the basic Treaty, also holding the right of initiative and executive power. b. Council of Ministers: Composed of a representative from each member state, the Council is the final policy-making body. This decision-making body adopts or amends Commission proposals, and adopts the budget with the Parliament. c. European Parliament: The Parliament is made up of 626 members who collectively have power over the appropriation of funds. Both the Council and the Commission consult the Parliament, and the Commission is answerable to it. The Parliament delivers opinions on Commission proposals and shares the power of decision-making with the Council. d. Court of Justice and Court of First Instance: The judicial organ of the EU, which interprets and applies the basic Treaty, ensuring that the law is observed in the process of Community integration. Established in 1958, the Court of Justice is composed of fifteen judges appointed for a renewable term of six years, and eight advocates-general. The Court of First Instance is an independent court composed of 15 Judges appointed for a term of six years. This court deals with actions brought by natural and legal persons against decisions of the Community institutions.

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e. Court of Auditors: Monitors the implementation of the Community budget. f. Economic and Social Committee: A consultative body that involves representing trade unions and social and professional groups in the process of drafting Community legislation.

g. Committee of the Regions: Another body ancillary to the Council and the Commission, this body introduces representation for regional and local bodies in the Community institutional system and has advisory functions. h. European Investment Bank: The role of the Bank is to contribute on a financial level to the balanced development of the Community. The Law Library became the first regional depository in the United States for European Union publications in 1957. Since English became one of the official languages of the Union only in 1973, the earlier documentation is sometimes difficult to find. Additional information on EU research, including how to find legislation and the documents of the Commission, Parliament, Council, Economic and Social Committee, and Court of Justice can be found in the Law Librarys research guide "Researching the Law of the European Union," available in paper at the Reference Desk or online at http://www.law.umich.edu/library/refres/researchguides.htm. The following are some of the general European Union publications that should be consulted: a. Reports of cases before the Court of Justice and the Court of First Instance. 1954- (JX9 EC.6 R425). Court of Justice is a tribunal of the European Community with international jurisdiction. b. Treaties Establishing the European Communities, Treaties Amending the Treaties, Documents of Accession. 1987 (JX9 EC T784 1987). c. Collection of the Agreements Concluded by the European Communities. 1977- 5 volumes and annual supplement volume. (JX9 EC C697 1977). d. Official Journal of the European Union. The official gazette of the European Union, it contains texts of legislation, draft legislation, official announcements, and information on EU activities. Since 1968, the Official Journal has consisted of two parts: 1. Legislation (L series) (JX9 EC.2 J86 E). Includes acts and regulations and non-obligatory publications of decisions. 2. Information and Notices (C series) (Communications et Informations) (JX9 EC.2 J86c E) which includes: a. Activities of Community institutions, European Parliament proceedings texts, Court of Justice actions, Commission and Council public business, European and Social Committee opinions and Court of Auditor actions. b. Preparatory acts: proposals for new legislation. c. Notices: competition and contract announcements. 3. Index to the Official Journal of the European Communities 1978- (JX9 EC.2 J86x5 E). Monthly index should be used until the annual index is available. 4. European Communities Legislation: Current Status. 1952- (REF COLL: INDEXES EUROPEAN) This index, which is updated annually, is a guide to all binding secondary
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legislation of the European Communities (i.e. regulations, decisions, recommendations, and directives). Current Status not only lists legislation in force but also provides historical information about legislation, e.g., repeals, amendments, etc. Citations to the Official Journal, where the full text of listed legislation may be found, are provided for each listed item. 5. Directory of Community Legislation in Force 1983- (REF COLL: INDEXES DIRECTOR). This annual index describes all secondary legislation in force at the time of publication, arranged by treaty subject; provides Official Journal citations. e. Bulletin of the European Communities. 1968- (JX9 EC B93e) is the monthly bulletin of the Communities. The information is arranged in three parts: events and studies, activities and documentation. It also lists all items published in the Official Journal and gives the docket of the Court of Justice. f. General Report on the Activities of the Union. 1994- (JX9 EC.21 G327). This is the best overview of the EUs activities.

g. European Union Law Reporter (LOOSELEAF COMMON MKT) (LEVEL S-2). This is a threevolume looseleaf service that is updated bi-weekly and includes Court decisions, regulations, treaties and summaries of pertinent national legislation of the Member States. 4. WORLD TRADE ORGANIZATION (WTO/GATT) The World Trade Organization or WTO began on January 1, 1995 and is located in Geneva Switzerland. It was created by the Uruguay Round negotiations (1986-1994). It currently has a membership of 146 countries and is a forum for trade negotiations. It administers WTO trade agreements, handles trade disputes, and monitors national trade policies. WTO documents may be found at: 1. WTO Documents - Microform. 1995-1996 (MICRO-10 S495). This set of documents is indexed by List & Index of Documents Issued. (MICROFRM ROOM BKS W927 T76L). WTO documents 1995- are now available online at http://docsonline.wto.org/?language=1. Basic Instruments and Selected Documents/World Trade Organization (BISD WTO). 1995- (As of June 2003, still in process). Includes treaties, agreements, dispute settlement panel reports, etc. WTO Guide to Documentation. (REF COLL: JX9 UN.90 A W9275W). Documents that are first released as Restricted, generally eventually become Derestricted, and available for public use. The following are indexes and lists of documents remaining restricted and derestricted: a. b. Documents Remaining Restricted. 1995- (MICROFRM ROOM BKS W927 T76D). Derestriction of Documents and Documents Remaining Restricted. 1996-1997 (MICROFRM ROOM BKS W927 T76DE). c. Derestriction of Documents. 1997- (MICROFRM ROOM BKS W927 T76DEA). 5. 6. Dispute Settlement Reports/World Trade Organization. 1996- (JX9 UN.90 W9275 D613). World Trade Organization Dispute Settlement Decisions. 1996/97- (JX9 UN.90 C71 W9278 D61). This is an annotated reporter, with helpful commentary.

2.

3. 4.

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7. 8.

International Trade Law Reports. Vol. 1, 1996- (JX9 UN.90 Y I615 T763 L41 R42). Dispute Settlement Commentaries Electronic Resource. (As of June 2003, still in process). http://www.worldtradelaw.net/dsc/main.htm. Includes summary and analysis of all WTO dispute settlement reports and arbitrations. Annual Report/World Trade Organization. 1996- (JX9 UN.90 W9275 A61).

9.

The predecessor to the WTO, the General Agreement on Tariffs and Trade (GATT) came into force in 1947. It also governed the trade relations of its signatory countries. For detailed information on finding GATT materials in the Law Library, ask for the handout "GATT: General Agreement on Tariffs and Trade; Sources of GATT Documents and GATT Information," available at the Reference Desk on S-1. This handout describes the major publications of and about GATT and how to find GATT documents on microfiche or film. Included below are the some basic resources for GATT documents: 1. Many of the basic GATT materials (the treaty, decisions of dispute settlement panels, etc.) are published in Basic Instruments and Selected Documents (BISD) 1952-1995 (JX9 UN.90 C7 B31). 2. GATT documents are available on microfiche 1947-1994 (MAIN DESK: MICRO-10 S206). Indexed in annual volumes (Microform Room Books, G326). 3. Selective GATT materials are available online via the WTO Documents Online website. Legal texts, http://www.wto.org/english/docs_e/legal_e/legal_e.htm, Dispute Settlement Reports, http://www.wto.org/english/tratop_e/dispu_e/gt47ds_e.htm, and Uruguay Round documents by subject, http://docsonline.wto.org/gen_trade.asp.

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