ASIL eRG

e-RG
Electronic Resource Guide
European Union
Marylin J. Raisch *
This page was last updated March 1, 2014.
T
his electronic resource guide, often called the ERG, has been published
online by the American Society of International Law (ASIL) since 1997.
Since then it has been systematically updated and continuously
expanded. The chapter format of the ERG is designed to be used by students,
teachers, practitioners and researchers as a self-guided tour of relevant, quality,
up-to-date online resources covering important areas of international law. The
ERG also serves as a ready-made teaching tool at graduate and undergraduate
levels.
The narrative format of the ERG is complemented and augmented by

EISIL (Electronic Information System for International Law), a free online
database that organizes and provides links to, and useful information on, web
resources from the full spectrum of international law. EISIL's subject-organized
format and expert-provided content also enhances its potential as teaching tool.
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I. Introduction
II. Treaties Establishing the European Union
III. Community Acts and Sources of Law
IV. Institutions and Powers
V. European Court of Justice and Case Law
VI. Selected Topical Areas of Research
VII. Commentary and Databases
VIII. Concluding Review of Updating and Citation Tools
I. Introduction
This chapter of the ASIL Electronic Resource Guide for International Law (ERG) presents electronic
resources for research in the law of the European Union (EU) and its evolving institutional structure.
In addition, in order to bring the topic more into the perspective of the international legal order,
(that is, beyond the EU’s status as a unique international organization with close political ties
resembling, but not yet identical to, a loose federation of Member States), emphasis will be placed
on the following aspects of the resources for research:
● an overview of the EU’s official web site, Europa (http://europa.eu/)
● other electronic resources such as unofficial databases and relevant academic and
intergovernmental or NGO web sites;
● the EU’s external relations;
● sources pertaining to recent and continuing debates on enlargement and about
changes of a “constitutional” nature;
● sources of updated information by way of blogs, news feeds, and press releases.
Electronically available scholarly resources will be reviewed in the concluding section on
commentary.
II. TREATIES ESTABLISHING THE EUROPEAN UNION

A. Current European Treaties
The entity known today as the European Union continues a process of increasing integration, begun
after the Second World War and governed by sets of treaties since the first Treaty of Rome (Treaty
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establishing the European Economic Community,1957), toward the creation of a single market.
Unlike a Free Trade Area (FTA), a customs union such as the European Community (within the EU
and increasingly identified with it) has a common trade policy toward non-members. (Note:
throughout this guide, dates for each treaty, given in parentheses, indicate the month and year of
coming into force). The Treaty of Lisbon came into force on 1 December 2009 and is now the
latest major amending document in the history to date of the European Union. Details on the
changes introduced by the latest phase in institutional reform are presented below. Community law
has become European Union Law with the conferral of legal personality on the EU.
The Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of
the European Union, Official Journal C 115 of 9 May 2008 (http://eur-
lex.europa.eu/JOHtml.do?uri=OJ:C:2008:115:SOM:EN:HTML) comprises three spheres of
operation : 1) economic institutions and activities, enforced by the EU’s own supranational courts;
2) a common foreign and security policy; 3) justice and home affairs. For another presentation of
the treaties, see the table below:
Table of Treaties foundational to the European Union prior to the Treaty of Lisbon:
Treaty Name Amending... Main Features Status
Rome Treaty Original treaty setting up Council with direct As amended to

Establishing a common market, itself Member date, still the
The amended 1) by a Merger representation; “First Pillar” of
European Treaty (1967) to give it economic union
Economic and the other two treaties Commission which and trade
Community a common set of initiates and relations for what
(1957) institutions, and 2) a executes Council has since become
Single European Act decisions; the European
(SEA) for European Union
Political Cooperation in A Court of Justice
foreign policy and Assembly of
European
Parliament (EP).
SEA introduces a
co-operation
procedure,
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enlarging role of EP
in legislative process
Maastricht Treaty on Treaty Establishing The • Brought into Amended by the

European European Communities being the European Treaty of
Union, 1993 Union, *founded Amsterdam,
on the European 1999 and Nice,
Communities, but with
supplemented by consolidated
intergovernmental texts
co-operation
formalized as
• a common foreign
and security policy
and
• a common justice
and home affairs
(crime) policy
• subsidiarity
principle
Amsterdam Treaty of Treaty on European • free movement of In force but

Amsterdam, Union workers since 1993 subject to
1999 enhanced with amendment by
closer cooperation Nice Agreement
on security and
crime, drug control,
corruption, and
terrorism
• common borders
(passport control)
under incorporated
Schengen
Agreement
• Co-decision for
parliament and
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Council
• More areas where
Council of
Ministers may
decide using
qualified majority
voting instead of
unanimity
• New title on
employment;
inserts Social
Chapter into main
body of the treaty
Nice Treaty of Treaty on European • Looking to In force as of 1

Nice Union (as amended by enlargement of February 2003
Amsterdam) Member States, 30
new treaty article
areas of concern
open to qualified
majority voting of
the Council
• Co-decision: 7
new areas
The official web site of the European Union, Europa (http://europa.eu/) provides what is now
effectively an online official depository of texts and information for the European Union, but in
addition to guiding the researcher through this large and complex site, one aim of this guide is to
add links to unofficial databases or sources with reliable, enhanced information relevant to EU
research. From the Europa main page (http://europa.eu/index_en.htm) under EU Law, the Treaties
section (http://europa.eu/eu-law/treaties/index_en.htm -- scroll down) presents a brief overview with
links to complete consolidated texts of the TEU, Amsterdam, Nice, and the original founding
treaties.
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B. The Treaty of Lisbon: the EU Reform Treaty and Its Process

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the
European Community
(http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2007:306:SOM:EN:HTML), 2007 O.J. (C306) 1
was signed on 13 December, 2007, with protocols and declarations attached. It amends the current
EU and EC treaties without replacing them.
History
Europa (http://europa.eu/) now contains a separate page, posted by the Council of the European
Union, for the intergovernmental conferences (IGCs)
(http://www.consilium.europa.eu/Documents/treaty-of-lisbon/previous-igcs?lang=en) with separate
links to the 2007 IGC, the most recent. Appropriately, it is embedded in the portal of the Council
of the European Union, about which more information and sources are detailed in section IV.B. of
this chapter .
Previous texts are found at: http://europa.eu/eu-law/decision-making/treaties/index_en.htm As the
set of texts and the progress of negotiations have unfolded, a database of comments and versions is
provided, along with the preparatory documents. There are declarations, protocols, a main body,
and a preamble. Be advised that what we have here is not a single draft of a treaty but rather the
paper trail of a process.
Some changes in the new treaty:

A summary of changes in the new treaty may be found at the Treaty at a Glance portal
(http://europa.eu/lisbon_treaty/glance/index_en.htm). Highlights of changes significant to legal
research in the EU are as follows, from the list provided at the site above:
● Increase of co-decision procedure in policy-making …for the vast bulk of EU
legislation.
● Withdrawal from the Union: the Treaty of Lisbon explicitly recognizes for the first
time the possibility for a Member State to withdraw from the Union
● Effective and efficient decision-making: qualified majority voting in the Council will
be extended to new policy areas to make decision-making faster and more efficient. From
2014 on, the calculation of qualified majority will be based on the double majority of
Member States and people, thus representing the dual legitimacy of the Union. A double
majority will be achieved when a decision is taken by 55% of the Member States
representing at least 65% of the Union’s population.
● [The creation of] the function of President of the European Council elected for two
and a half years introduces a direct link between the election of the Commission President
and the results of the European elections, provides for new arrangements for the future
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composition of the European Parliament, [for a smaller Commission,] and includes clearer
rules on enhanced cooperation and financial provisions.
● Finally, it is important to note that there exists already a source of authority for
developments that may take place under the provision for “enhanced cooperation.” That
authority exists under the TEU (http://eur-
lex.europa.eu/LexUriServ/site/en/oj/2006/ce321/ce32120061229en00010331.pdf) as
amended by the Nice Treaty (http://eur-
lex.europa.eu/en/treaties/dat/12001C/htm/12001C.html), specifically TEU Art. 43, and it is
within the authority of Member States to decide amongst themselves, that is, a smaller group
of them, to accelerate and tighten cooperation as a last resort when objectives cannot be met
under the Treaty timetable or methods. Ten conditions for this “enhanced cooperation” are
stated in the TEU Art. 43. Basically, the arrangements must respect the acquis
communautaire.
What is the Acquis Communautaire?

“Acquis Communautaire means everything that was decided and agreed upon since the establishment
of the three European Communities, whatever the form in which this was done, whether legally
binding or not,” and refers to “the body of rules which govern the Union in whatever field of
activity,” essentially encompassing “everything that was ‘acquired’ by the previous Communities and
the Union.” P. Mathijsen, A Guide to European Union Law (London: Sweet & Maxwell, 2010) at
5, n9.
III. COMMUNITY ACTS AND SOURCES OF LAW

A. The focus on search examples in this section will be on directives, but in the hierarchy of norms
governing the EU, the treaty texts provide for three major types of legislation:
● Regulations, which are binding directly on all Member States upon enactment and
required to be published in the Official Journal of the European Union (OJ)
(http://publications.europa.eu/official/index_en.htm);
● Directives, which are not binding directly as written but which require
implementation by each Member State, that is, the enactment of laws which create the
norms stated in the directive;
● Decisions, which are binding only upon the members or entities to which each may
be addressed; the process is administrative, a kind of regulatory ruling.
With regard to the latter two types of legislation, publication in the OJ is not obligatory. The
structure of the official journal (http://eur-lex.europa.eu/en/oj/NewStructure2010.pdf) has been
clarified after the adoption of the Lisbon Treaty.
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The founding treaties are deemed primary sources of law along with international agreements. The
legislation, a third source of law, is “secondary.” American researchers should note that “secondary”
here means delegated legislation, second in the hierarchy of “what trumps what” but not a type of
commentary, as the term is used in the U.S. legal system.
The full range of EU norms is outlined and terms defined at the Summaries of EU Legislation page
(http://europa.eu/legislation_summaries/index_en.htm) and organized at The ABC of European
Union Law (http://eur-lex.europa.eu/en/editorial/abc_toc_r1.htm).
The revised Europa Index page (http://europa.eu/index_en.htm) now gathers in one place
information on EU policy-making and search capability for EU legislation and case-law under the
"EU Law" tab on the menu bar at the top and center of the screen (http://europa.eu/eu-
law/index_en.htm). Laws in force includes summaries as well as national laws implementing EU
law, and treaties, legislation in preparation, legislative procedures, and legal cooperation may all be
reached from this one access page..
In addition, there is now a separate linked page for Official documents from EU institutions
(http://europa.eu/documentation/official-docs/index_en.htm).
1. Locating EU Legislation in force

An easy way to locate legislation by topic is through Summaries of EU Legislation
(http://europa.eu/legislation_summaries/index_en.htm), For example, the Summaries page lists pre-
selected topics. Under “food safety” one is taken to a page with an overview of all EU activities, and
the acts described and summarized.
Since March 2013, the new EUR-Lex (http://new.eur-lex.europa.eu/homepage.html?locale=en) runs

in parallel with this version of EUR-Lex.
- To consult the authentic Official Journal: use the new EUR-Lex . At the new EUR-Lex site,
The Official Journal (OJ) database is located at: http://new.eur-lex.europa.eu/oj/direct-
access.html?locale=en
- To find treaties, preparatory acts, case-law and all other types of EU documents: use the
current “grandfathered” EUR-Lex . The new EUR-Lex (http://new.eur-
lex.europa.eu/homepage.html?locale=en) provides 1) simple search; 2) search by document
preference; 3) search by ELI; 4) advanced search; and 5) expert search.
Example: To find the original product liability directive, begin in the simple search template linked
above and choose the file category “Legislation.” On the next page, select the radio button for
“Directives” (under “Secondary Legislation”) and “Search terms” (under “Further search options”;
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this adds specific terms). Then, click "Search." Finally, on the template on the next screen, select
the “Title and text” radio button and fill out the template that will come up by putting “liability” in
the “Search” term field and “defective products” in the “With” term field. Click “Search.”
With fair ease one can survey the resulting list and, after seeing highlighted an amendment to a
generally titled directive on approximation of laws etc. re liability for defective products (amended
from an original dated 1985), one goes on to locate the original product liability directive as the last
entry:
Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning liability for defective products, OJ L 210,
7.8.1985, p. 29–33.
The Directory of Community Legislation in Force (http://eur-

lex.europa.eu/en/legis/latest/index.htm) gathers all legislation in force under 20 top-level rubrics for
the areas or treaty provisions that provide authority for the legislation.
Helpful thematic files (http://eur-lex.europa.eu/en/dossier/index.htm) are provided for another set
of topics that vary from those listed in the Summaries section, although the site states that these files
will no longer be updated. These also list and link to full text legislation in specific areas.
The European e-Justice Portal (https://e-justice.europa.eu/home.do?action) is an interface that has

been created for greater transparency and access in the areas outlined by the Council of the European
Union (see pages 24-25 in the Council's June 2010 press release at
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/114900.pdf for a
discussion of the e-Justice portal project). This interface: 1) brings together legal databases; 2)
provides more access to statutory implementation of EU law and court decisions at the national level
via N-Lex (available at http://eur-lex.europa.eu/n-lex/index_en.htm) with links to national court
sites; and 3) enables communication between citizens and courts as well as among courts themselves.
As this portal expands, it will provide integrations of free and subscription-based databases that are
part of the EU online internal system. Another feature is its link to a section on public and private
international law and its relation to EU law (available at https://e-
justice.europa.eu/content_international_law-10-en.do).
2. Directives: effects
Of the major pieces of legislation, directives may present the greatest additional challenge to the
novice researcher because of (1) the requirement that they be implemented in the national law of the
Member State and (2) the accompanying legal issues of possible “direct effect” of directives,
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notwithstanding the requirement. Direct effect creates individual rights that national courts must
protect (P. Mathijsen, A Guide to European Union Law as Amended by the Treaty of Lisbon,
London: Sweet & Maxwell, 2010 at 32 and cases cited in fn. 35). However, while regulations
generally both pre-empt national law as supranational legislation and create rights by direct effect,
only certain directives can have direct effect, and even then, only in certain circumstances.
Understanding what this means is a matter of researching case law from the European Court of
Justice with regard to the particular directive at issue and cases addressing directives of a similar type.
Certain general principles have emerged and are fairly settled in the treatises and basic texts for
European Union law or in specific studies of these issues. Stated simply, a directive deemed to have
some form of direct effect may be effective, either vertically or horizontally, as follows:
● Vertical Direct Effect:

○ As fully implemented, a directive may affect the Member State in its
legal relationship with third parties;
○ As partly implemented or not implemented at all, a directive may be
invoked by an individual against a Member State.
● Horizontal Direct Effect:

○ May exist where private entities try to claim any rights under a
directive in their relationship with each other.
A “horizontal direct effect” is evaluated in light of the principle that directives place obligations only
on Member States and not on individuals. At this point the jurisprudence must be consulted and
analyzed carefully as it develops (see section V., subsection A. below). Member States can be liable
for damage to individuals regarding failure to implement a directive under certain circumstances,
which require a showing that the directive would be of the type to create rights, the language doing
so is present in the directive, and the cause of the damage was a breach of this state obligation. The
leading case is Francovich v. Italy, ECJ 19.11.91 C6,9/90, [1991] ECR I-5357. This case is cited to
the official Reports of Cases before the Court and its successor Reports of cases before the Court of
Justice and the Court of First Instance (Luxembourg: Court of Justice of the European
Communities, 1990-) (ECR). Cases from 1954 onward may be browsed by year and number at the
Eur-lex site under the case law search feature accessible at the following link: http://eur-
lex.europa.eu/JURISIndex.do?ihmlang=en.
Another source of information is the new CURIA Case-law site, although the CURIA case law
template (available at http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en) is not comprehensive.
A description of the resources available in the CURIA case-law database is available at
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http://curia.europa.eu/jcms/jcms/Jo2_14954/. Alternatively, researchers can select the “EU case-

law” file category from the Eur-lex search page (available at http://eur-
lex.europa.eu/RECH_menu.do?ihmlang=en) to access the case law template (available directly at
http://eur-lex.europa.eu/RECH_jurisprudence.do) for information on cases from earlier years. One
may select the “Court of Justice” and “Date or time span” radio options and click “Search” to get to
the following screen and search by date.
3. Researching directives
Researching directives, then, can be a matter of researching the European Union case law (see section
V below). There are monographic studies of leading cases in the area that outline the parameters of
this research and that may serve as a useful introduction to the field. Updated information may be
found by searching library databases generally with Library of Congress subject headings such as
“Law -- European Union countries -- Sources International and municipal law -- European Union
countries:”
Sacha Prechal, Directives in EC law (http://www.worldcat.org/title/directives-in-ec-

law/oclc/56807067&referer=brief_results), 2d ed. Oxford; New York: Oxford University Press,
2005. Oxford EC Law Library, General Editor: F. G. Jacobs, Advocate-General, Court of Justice of
the European Communities. Sacha Prechal is the author of several books on EU law and was the
founding editor of the Yearbook of European Law.
John Fairhurst, Law of the European Union (http://www.worldcat.org/title/law-of-the-european-

union/oclc/76961181&referer=brief_results), 7th ed. Harlow, UK: Longman, 2010 (textbook,
good presentation).
Trevor C. Hartley, European Union law in a global context: text, cases and materials
(http://www.worldcat.org/title/european-union-law-in-a-global-context-text-cases-and-
materials/oclc/52460067&referer=brief_results), Cambridge; New York: Cambridge University
Press, 2004 (see Chapter 10).
4. National Implementation of Directives

In the product liability search example above, a bibliographic record is obtained by clicking on
“bibliographic notice” under the correct directive (available at http://eur-
lex.europa.eu/Notice.do?val=115911:cs&lang=en&list=115911:cs,&pos=1&page=2&nbl=11&pgs=
10&hwords=liability~defective%20products~)
Scroll down- WAY DOWN- and past the useful descriptors or subject headings or further research,
one arrives at display the national implementing measures and click on MNE (French abbreviation
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to reveal the list of Member States and citations (in the vernaculars to vernacular sources) to their
national implementing laws ( http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:71985L0374:EN:NOT).
The new and emerging N-Lex, (available at http://eur-lex.europa.eu/n-lex/index_en.htm) is an

experimental portal for national implementing laws. There is a template imposed over national sites
for vernacular searching. If you already have the name of the law, or if N-Lex is not successful for
searching for the full text (and they warn that national sites must keep it updated), use the World
Legal Information Institute (http://www.worldlii.org/) or Lexadin World Law Guide site (available
at http://www.lexadin.nl/wlg/) to see if national legislation is identified as implementing EU
directives.
EuroVoc (available at http://eurovoc.europa.eu/drupal/) is a search term translation and submission

engine that may be useful in research for national legislation. The databases in N-Lex are mostly in
the official languages of the Member States and EuroVoc may be used to search for legislation using
terms in a language you do not know. For example, if you select Spain and legislation at N-Lex, the
full text search (available in a number of collapsible menu options at http://eur-lex.europa.eu/n-
lex/legis_es/boe_form_en.htm) will provide a “EuroVoc” link next to each search box. Clicking one
of these links will open a separate window to a site for search phrase translation. If you click one of
these links and enter, say, animal welfare as a phrase, it will be displayed along with the target
language (Spanish) and the translation "bienestar de los animals" for use in searching the N-Lex site
in the national language targeted.
For English translations of a number of commercially-related laws that mostly implement EU acts,
consult the following print publications:
● Commercial Laws of Europe. (London: European Law Centre, 1978-). Includes texts
of legislation in English and also in the original language when authentic English text is
unavailable.
● Other loose-leaf services and collections of translated laws in areas such as tax,
investment, and labor usually include EU Member States and may indicate origination of the
law with EU harmonization efforts.
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B. Other acts under the EU Treaty
Acts introduced by the Treaty of Amsterdam under “police and judicial cooperation in
criminal matters”
● Framework decisions: unanimously adopted to be approximations of national laws,

binding on Member States as to results but method of achievement is up to the Member
State (sometimes known as joint action, but see below);
● Common position: according to the Eur-lex definition, “a legal instrument under
Titles V and VI of the Treaty on European Union and is intergovernmental in nature.
Adopted unanimously by the Council of the European Union, it determines the Union’s
approach to particular questions of foreign and security policy or police and judicial
cooperation in criminal matters and gives guidance for the pursuit of national policies in
these fields”;
● Decisions: used for matters other than approximation of laws;
● Conventions: the Presidency can enter into some intergovernmental cooperative
arrangements usually binding only the institutions and not the Member States.
Common positions and joint actions also are used in the area of “common foreign and security
policy” (CFSP). The common position for the CFSP is defined much as above; the joint action is in
this case adopted by the Council and consists of “set objectives” rather than a framework.
Other Non-binding Instruments

● A recommendation allows the institutions to make their views known and to suggest
a line of action without imposing any legal obligation on those to whom it is addressed (the
Member States, other institutions, or in certain cases the citizens of the Union).
● An opinion is an instrument that allows the institutions to make a statement in a
non-binding fashion, in other words without imposing any legal obligation on those to
whom it is addressed. The aim is to set out an institution’s point of view on a question.
C. Legislative Process
The co-decision procedure for the adoption of legislative acts is the most commonly-used procedure.
The steps are outlined below in text excerpted from the Consolidated versions of the Treaty on
European Union and the Treaty on the functioning of the European Union (available at http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:115:0047:0199:EN:PDF) (OJ C115,
9.5.2008) ("This publication contains the consolidated versions of the Treaty on European Union
and of the Treaty on the Functioning of the European Union, together with the annexes and
14
protocols thereto, as they will result from the amendments introduced by the Treaty of Lisbon,
signed on 13 December 2007 in Lisbon. It also contains the declarations annexed to the Final Act of
the Intergovernmental Conference which adopted the Treaty of Lisbon."). It includes legislation
based on important articles regarding types of discrimination, free movement of workers, freedom of
establishment, mutual recognition of diplomas, transport, environment, public health, consumer
protection, and many aspects of social policy.
Articles 294-296 of the above-referenced document read as follows:
First reading
3. The European Parliament shall adopt its position at first reading and communicate it to the Council.
4. If the Council approves the European Parliament's position, the act concerned shall be adopted in the
wording which corresponds to the position of the European Parliament.
5. If the Council does not approve the European Parliament's position, it shall adopt its position at first
reading and communicate it to the European Parliament.
6. The Council shall inform the European Parliament fully of the reasons which led it to adopt its position
at first reading. The Commission shall inform the European Parliament fully of its position.
Second reading
7. If, within three months of such communication, the European Parliament:
(a) approves the Council's position at first reading or has not taken a decision, the act concerned shall be
deemed to have been adopted in the wording which corresponds to the position of the Council;
(b) rejects, by a majority of its component members, the Council's position at first reading, the proposed act
shall be deemed not to have been adopted;
(c) proposes, by a majority of its component members, amendments to the Council's position at first
reading, the text thus amended shall be forwarded to the Council and to the Commission, which shall
deliver an opinion on those amendments.
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8. If, within three months of receiving the European Parliament's amendments, the Council, acting by a
qualified majority:
(a) approves all those amendments, the act in question shall be deemed to have been adopted;
(b) does not approve all the amendments, the President of the Council, in agreement with the President of
the European Parliament, shall within six weeks convene a meeting of the Conciliation Committee.
9. The Council shall act unanimously on the amendments on which the Commission has delivered a
negative opinion.
Conciliation
10. The Conciliation Committee, which shall be composed of the members of the Council or their
representatives and an equal number of members representing the European Parliament, shall have the
task of reaching agreement on a joint text, by a qualified majority of the members of the Council or their
representatives and by a majority of the members representing the European Parliament within six weeks
of its being convened, on the basis of the positions of the European Parliament and the
Council at second reading.
11. The Commission shall take part in the Conciliation Committee's proceedings and shall take all
necessary initiatives with a view to reconciling the positions of the European Parliament and the Council.
12. If, within six weeks of its being convened, the Conciliation Committee does not approve the joint text,
the proposed act shall be deemed not to have been adopted.
Third reading
13. If, within that period, the Conciliation Committee approves a joint text, the European Parliament,
acting by a majority of the votes cast, and the Council, acting by a qualified majority, shall each have a
period of six weeks from that approval in which to adopt the act in question in accordance with the joint
text. If they fail to do so, the proposed act shall be deemed not to have been adopted.
14. The periods of three months and six weeks referred to in this Article shall be extended by a maximum
of one month and two weeks respectively at the initiative of the European Parliament or the Council.
Special provisions
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15. Where, in the cases provided for in the Treaties, a legislative act is submitted to the ordinary legislative
procedure on the initiative of a group of Member States, on a recommendation by the European Central
Bank, or at the request of the Court of Justice, paragraph 2, the second sentence of paragraph 6, and
paragraph 9 shall not apply.
In such cases, the European Parliament and the Council shall communicate the proposed act to the
Commission with their positions at first and second readings. The European Parliament or the Council
may request the opinion of the Commission throughout the procedure, which the Commission may also
deliver on its own initiative. It may also, if it deems it necessary, take part in the Conciliation Committee
in accordance with paragraph 11.
Article 295
The European Parliament, the Council and the Commission shall consult each other and by common
agreement make arrangements for their cooperation. To that end, they may, in compliance with the
Treaties, conclude interinstitutional agreements which may be of a binding nature.
Article 296 (ex Article 253 TEC)
Where the Treaties do not specify the type of act to be adopted, the institutions shall select it on a case-by-
case basis, in compliance with the applicable procedures and with the principle of proportionality.
Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives,
recommendations, requests or opinions required by the Treaties.
9.5.2008 EN Official Journal of the European Union C 115/175

C 115/174 EN Official Journal of the European Union 9.5.2008
1. Preparatory Acts
European Commission green papers

are found at http://ec.europa.eu/green-papers/index_en.htm and white papers
(http://ec.europa.eu/white-papers/index_en.htm) (proposals for action or legislation) are both
usually issued as COM documents; when they are legislative proposals, they should be accompanied
by an Explanatory Report. Full text or links for papers since 1985 are provided. Most but not all are
published in the Preparatory or C section of the OJ. Since the Commission initiates most legislation,
17
experts in policy areas originate most proposals within their Directorates General, which are policy-
specific departments that form the organizational structure of the Commission.
2. Legislation Tracking
The Ordinary Legislative Procedure (formerly the co-decision procedure) (available at
http://www.consilium.europa.eu/policies/ordinary-legislative-procedure?lang=en) may be tracked via
a section of the portal for the Council of the European Union. Council votes and discussions are
tracked.
The European Parliament (“EP”) has an increasing role and its portal provides the OIEL or
Legislative Observatory (http://www.europarl.europa.eu/oeil/index.jsp?language=en). Documents
moving through EP committees, such as reports and draft legislation submitted by one of the other
institutional bodies (usually the Commission or Council) may be searched through a variety of access
points. The Legislative Observatory is a good choice when you know that Parliament is involved as
well as the Council; Council meeting results are given. Parliamentary questions, readings, and
conciliations are provided. Political party involvement is included. Results are filtered and sorted by
the type of document associated with each stage of the procedure (first reading, etc.).
Inter-institutional procedures beginning in 1976 are tracked via Pre-Lex

(http://ec.europa.eu/prelex/apcnet.cfm?CL=en#); these procedures involve legislative, but also
budgetary, proposals and proposed international agreements. Search entry points under the
advanced search, http://ec.europa.eu/prelex/rech_avancee.cfm?CL=en include the involved
institutions, events, legal basis, and sphere of activity. The document type is called “type of file” and
the role of the institutional body is an option, such as “primarily responsible” or “author of report.”
3. Publication; entry into force

A legislative act at the level of regulations and directives is or becomes binding and once enacted, it
must be published in the Official Journal of the European Union (“OJ”) and then included in the
Directory of Legislation in Force (http://eur-lex.europa.eu/en/legis/index.htm). As noted above
regarding Preparatory Acts, the OJ is published in the C series and L series; these designations are
part of the official citation to a text (see citation section below). Competition decisions are no longer
published in the OJ. A source for these decisions is the Competition Directorate General under the
Commission (http://ec.europa.eu/competition/antitrust/cases/index.html).
Acts enter into force on the 20th day following their publication unless a date is specified in the
legislation.
18
IV. INSTITUTIONS AND POWERS
A. Commission and Directorates General

The Commission of the EU is a powerful quasi-executive central body that monitors compliance
with EU law, delivers its own decisions, participates in the legislative process, negotiates
international agreements, and implements the budget. The Commission portal
(http://ec.europa.eu/index_en.htm#) links to the Directorates General
(http://ec.europa.eu/about/ds_en.htm) of which it is also composed, with each DG representing an
important sphere of activity. The Commission originally had to include at least one national from
each Member State. While the Presidency of the EU has been a rotating position among Member
States, the President of the Commission is appointed by the governments of the Member States and
then approved by the European Parliament. The President of the Commission serves a term of five
years.
B. Council of the European Union (different configurations)

The Council is made up of a representative of each Member State at a ministerial level. The type of
representative may vary depending upon the type of meeting or area under consideration, be it
finance or agriculture. Thus, they take on configurations in about 9 different areas. There is a
Committee of Permanent Representatives (“COREPER”)
(http://europa.eu/whoiswho/public/index.cfm?fuseaction=idea.hierarchy&nodeID=3760&lang=en)
that consists of Permanent Representatives of the Member States to the Union, but high-level civil
servants rather than cabinet-level ministers frequently represent the Member States in less important
discussions. This is not the same as the European Political Council, which is a conference of Heads
of State.
The duties of the Council concern the bringing together of Community and national interests and as
such take decisions as well as coordinate policies. The role in the legislative process is detailed above.
The official portal can be found at the EU Council's website
(http://www.consilium.europa.eu/homepage?lang=en).
C. European Parliament
The European Parliament (http://www.europarl.europa.eu/portal/en) is an assembly of
representatives of the peoples of the Member States. Under the Nice Treaty, there are different caps
on numbers of members for different designated years. They are elected for a term of five years.
Parliament now participates in the legislative process through committees
(http://www.europarl.europa.eu/activities/committees/committeesList.do?language=EN). Among
other powers, Parliament puts questions to the Council, Commission, and President, participates in
19
the budgetary process, and other monitoring tasks. It participates in the legislative process by
committees but also acts on legislative proposals meeting as a body, in plenary.
D. Economic and Social Committee

The European Economic and Social Committee (“ESC”) (http://www.eesc.europa.eu/index_en.asp)
plays a consultative or advisory role to the Council, Commission, or Parliament and its members
represent economic and social interests within civil society, such as consumers, workers, etc.
E. Committee of the Regions

This Committee of the Regions (http://cor.europa.eu/en/Pages/home.aspx) has advisory status and
consists of representatives of regional or local bodies who are elected or accountable to an elected
assembly. They must be informed of requests for opinions from the ESC. It is independent but may
be consulted by Parliament. One important activity is subsidiarity monitoring, which tracks the
mandated process of keeping decision-making as close as possible to the citizen. Reports on the
process are on the CoR Subsidiarity website (available at
https://portal.cor.europa.eu/subsidiarity/Pages/default.aspx) with useful links to additional
information.
V. EUROPEAN COURT OF JUSTICE AND CASE LAW
A. The Court of Justice

The following new information is pertinent to the case law research for the European Union
beginning 1 December 2009 and the entry into force of the Treaty of Lisbon:
"Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union
now has legal personality and has acquired the competences previously conferred on the European
Community. Community law has therefore become European Union law, which also includes all the
provisions previously adopted under the Treaty on European Union as applicable before the Treaty
of Lisbon. In the following presentation, the term Community law will nevertheless be used where
reference is being made to the case-law of the Court of Justice before the entry into force of the
Treaty of Lisbon." (Presentation (http://curia.europa.eu/jcms/jcms/Jo2_7024/) of the Court of
Justice in the legal order of the European Union)
Case law of the European Union may be accessed via the major courts portal, CURIA
(http://curia.europa.eu/jcms/jcms/j_6/). One may follow links from the first welcome page of the
portal or from the left pane of any sub-portal.
20
As noted above, the case law of the European Court Justice stands alongside the treaty and acts as
the major source of the rule of law. The interpretation of the treaty and laws, often at the request of
national courts’ judges seeking guidance in the application of the law in pending case, is crucial to
the evolution of EU law. Therefore, before attempting a cold search of the case law, it is
recommended that the researcher begin with some familiarity with the most well-known, watershed
cases, especially in particular areas of law, by consulting a concise text or journal article, such as one
of the following (though note that developments after the entry into force of the Treaty of Lisbon
may not be reflected):
● The website ECLAS (European Commission Library Catalogue) (

http://ec.europa.eu/eclas/F) gives access to articles and books in the Central Library of the
European Commission.
● Bogdandy, Armin von, and Jürgen Bast. Principles of European Constitutional Law.
2d rev. ed. Oxford: Hart, 2010.
● Craig, Paul and Gráinne de Búrca. The Evolution of EU Law. 2nd ed. Oxford:
Oxford University Press, 2011.
● Hartley, Trevor C. The Foundations of European Union Law. 7th ed. Oxford: Oxford
University Press, 2010.
● Maduro, Miguel Poiares, and Loïc Azoulai. The Past and Future of EU Law: The
Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty. Oxford: Hart, 2010.
● Mathijsen, P. S. R. F. A Guide to European Union Law: As Amended by the Treaty of
Lisbon. London: Sweet & Maxwell, 2010.
● Piris, Jean-Claude. The Lisbon Treaty: A Legal and Political Analysis. Cambridge
[U.K.]: Cambridge University Press, 2010.
● European Union Law Reporter: an explanatory commentary on the principal aspects of
EU law and policy.4 v. (loose-leaf). Bicester, Oxfordshire: CCH Editions Limited;
Commerce Clearing House; CCH International (Firm); CCH Europe (Firm) 1962- .
Newer cases, articles, and commentary often refer to these cases as rubrics in a kind of shorthand
indicating a settled principle of EU law or a significant line of cases, even in subject areas that are
still contested.
The final legality of European Union acts is determined by the courts, and this ensures that the
Member States and the EU institutions, as well as natural and legal persons, enact or comply with
community law. Jurisdiction includes preliminary rulings and failure to fulfill EU obligations.
Advocates-General assist the court.
21
The General Court
To clarify the jurisdiction of the lower court under the Treaty of Lisbon, the following text is taken
directly from the presentation of the General Court: (http://curia.europa.eu/jcms/jcms/Jo2_7033/)
"The General Court has jurisdiction to hear:

● direct actions brought by natural or legal persons against acts of the institutions,
bodies, offices or agencies of the European Union (which are addressed to them or are of
direct and individual concern to them) and against regulatory acts (which concern them
directly and which do not entail implementing measures) or against a failure to act on the
part of those institutions, bodies, offices or agencies; for example, a case brought by a
company against a Commission decision imposing a fine on that company;
● actions brought by the Member States against the Commission;
● actions brought by the Member States against the Council relating to acts adopted in
the field of State aid, ‘dumping' and acts by which it exercises implementing powers;
● actions seeking compensation for damage caused by the institutions of the European
Union or their staff;
● actions based on contracts made by the European Union which expressly give
jurisdiction to the General Court;
● appeals, limited to points of law, against the decisions of the European Union Civil
Service Tribunal;
● actions brought against decisions of the Community Plant Variety Office or of the
European Chemicals Agency.
The rulings made by the General Court may, within two months, be subject to an appeal, limited to
points of law, to the Court of Justice."
EU Civil Service Tribunal

A European Civil Service Tribunal (http://curia.europa.eu/jcms/jcms/T5_5230/) hears disputes
regarding the EU civil service, and appeals from it on questions of law may be taken to the General
Court.
The European Court of Justice

There is one judge for each Member State on the court and eight Advocates-General. The latter are
advisory judges called upon to offer separate opinions in areas of special expertise. The judges of the
court, however, do not issue separate or dissenting opinions. The Rules of Procedure of the court
22
may be found via links posted under Court of Justice

(http://curia.europa.eu/jcms/jcms/Jo2_7024/#procedures) at the Curia website.
Searching for particular cases by topic using keywords or known citations
Since case-law from 1954 onwards is now stored separately from the case database for cases from
June 17, 1997, the best overview of the links is available from the case-law content link
(http://curia.europa.eu/jcms/jcms/Jo2_14954/) at Curia. Translation services are under way for
Member States who came into the EU at 2004 or 2007; see this notice
(http://curia.europa.eu/jcms/jcms/Jo2_14955/). The older cases
(http://curia.europa.eu/en/content/juris/c1_juris.htm) in English are searchable from Eur-Lex
(http://eur-lex.europa.eu/JURISIndex.do?ihmlang=en) but also linked from the numerical search
feature at Curia (http://curia.europa.eu/jcms/jcms/Jo2_7045/). There are two different search
templates: one is for access by case number and the other through more options.
If you know the case number (e.g. for the ECJ, C-184/06) the simple browse portal
(http://curia.europa.eu/en/content/juris/c2_juris.htm) is a proper starting point. If you want to
specify the type of document (http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&), opinion of
an Advocate-General versus a judgment, for example, use the template.
Example: search the template (http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&) leaving the

boxes checked (except for Civil service Tribunal). Fill in the subject-matter field from clickable
menu, a link to the right of the field. From the areas of the treatylisted, check “free movement of
goods.” Enter “bananas”in the text field, and click the green search arrow at the bottom right.
Currently 28 documents are retrieved. To limit this to judgments only, click the “modify” link at the
upper right and then, back at the template, use the menu of the documents field to eliminate all but
judgments.
Bear in mind that just as in the printed publication of the cases in the official Reports of Cases
before the Court and its successor, Reports of cases before the Court of Justice and the Court of First
Instance (Luxembourg: Court of Justice of the European Communities, 1990-) (ECR), the Curia
search template and results list designate the main Court of Justice with case numbers and hyphen
C- and Court of First Instance cases with hyphen T-, these full case numbers remain valid for online
case searching by number as well. Also remember that terminology used in the English language
versions of the cases is based on British English usage, so American researchers should note that, for
example, insider trading becomes insider dealing.
23
Note: Since 2004 there are selected unpublished recent decisions, and the Curia database
incorporates the full texts as appearing in the official reports (see two paragraphs above) with these
guidelines appearing on the web site:
Since 1 May 2004, subject to a decision to the contrary by the formation of the Court concerned, the
following are not published in the ECR:
- judgments delivered, other than in preliminary ruling proceedings, by Chambers of three Judges,
- judgments delivered, other than in preliminary ruling proceedings, by Chambers of five Judges ruling
without an Advocate General's Opinion,
- orders.
However, those decisions are accessible on the Court's internet site (http://curia.europa.eu) in the
available languages, namely the language of the case and the language of deliberation.
Annotations or "notes de doctrine" (http://curia.europa.eu/jcms/jcms/Jo2_7083) are presented in a

separate database and contain annotations of cases by legal commentators.
Apart from (links that may exist from the curia site under certain rubrics etc) , there are unofficial
case collections, both electronic and print, that assist researchers in finding cases relevant to
particular areas of European Union law:
Common Market Law Reports. Yorkshire: Thomson Sweet & Maxwell, 1962- . (title varies)
(C.M.L.R.).
Common Market Law Reports. Antitrust Reports (Supplement). London: The European Law Centre
at Sweet & Maxwell, 1991- . (called Reports after 2000; constitutes v. 4 of each year's issues of
Common Market law reports for 1991, and v. 4-5 of each year's issues for 1992).
European Human Rights Reports. London: European Law Centre Ltd., 1979- .
Blogs
European Law Blog, http://europeanlawblog.eu/
ECJ Blog (http://courtofjustice.blogspot.com/)
B. National case law

An overview of national case law and member implementation of EU law in general may be found as
Application of Community law by national courts: a survey
24
(http://curia.europa.eu/jcms/jcms/Jo2_18914/?hlText=annual+report+on+monitoring+the+applicati
on), survey and summaries in English 1983-2002, and 2003 onwards in French only.
The Association of the Councils of State and Supreme Administrative Jurisdictions of the European
Union have created the searchable JuriFast database ( http://www.aca-
europe.eu/index.php/en/jurifast-en) linked to a database of national decisions which gathers
preliminary questions and rulings on them before the Court of Justice of the EC and national
decisions following the ruling.
European Commercial Cases. London: European Law Centre, 1978-

Simmonds, K.R., general editor. Encyclopedia of European Community Law:
London: Sweet & Maxwell, (1973- .) contains a focus on U.K. case law.
European Community Cases. London: Sweet & Maxwell, 2000- .
1989- Previously published: Bicester: CCH Editions, 1989-1992; Kensington upon Thames, Surrey:
CCH. New Law, 1992-1999; these cases originally appeared in the Common market reporter, now
called the European Union Law Reporter.
VI. SELECTED TOPICAL AREAS OF RESEARCH

Under the “Policies and legislation” link on the main page of the European Commission site
(http://ec.europa.eu/index_en.htm) are richly populated portals for information on many topics,
including the selected topics listed below. Legal texts, summaries, and search portals are featured
under the "legislation" link.
In print and in sections linked at each of the topic portals listed below, monthly and annual reports
on those topics and other sectors represented in the treaty are included in analyzed numbered
sections of the now-archival Bulletin of the European Union
(http://europa.eu/bulletin/en/welcome.htm), European Commission. Brussels: European
Commission, Secretariat-General, 1994- 2006 (ceased in print), carried forward to 2009 (content
through July/August 2009) online, and now replaced by EU News
(http://europa.eu/news/index_en.htm). Activities reports and analysis are still supplemented by the
General Report on the Activities of the European Union
(http://europa.eu/generalreport/en/welcome.htm). European Commission, Brussels: The
Commission, 1995- .
A. External Relations
Of considerable interest to international lawyers are the foreign relations activities of the EU as an
international actor as well as the continuing path to enlargement of membership. The
Commission’s portal for the European Union-External Action (http://eeas.europa.eu/index_en.htm)
25
(contains links at the top to major sub-portals for the principal related areas under “what we do”
http://eeas.europa.eu/what_we_do/index_en.htm), security and defense
(http://eeas.europa.eu/csdp/index_en.htm), and enlargement
(http://eeas.europa.eu/enlargement/index_en.htm).
B. Commercial Regulatory Matters: Competition Policy, Banking and Financial Regulation

Competition: There are several electronic and print avenues to researching EU competition law and
policy (http://europa.eu/pol/comp/index_en.htm). In addition to sources cited above under
commercial cases and statutory law for European jurisdictions, there is a wealth of specialized
monographs in the area of competition law and policy. The Enterprise section is also relevant. The
Commission has a separate page for competition policy
(http://ec.europa.eu/competition/index_en.html) at and in the Commission’s Directorate-General
structure there is the web page for the Competition DG
(http://ec.europa.eu/dgs/competition/index_en.htm) linking to the annual Report on Competition
Policy (http://ec.europa.eu/competition/publications/annual_report/index.html).
An excellent site for competition law and policy with links to many national competition law web
sites for the EU Member States is Concurrences: (http://www.concurrences.com/) web site of The
Institute of Competition Law. The links are free and there is an offer of a paid subscription to the
online review Concurrences in French on antitrust law as well as an e-competition database. The
latest English versions of the e-Competitions Bulletin and abstracts from the review are free on the
site. The editors and contributors are from law firms and academic faculties.
Banking and Financial Regulation: In the wake of the severe and continuing crisis involving bank
regulation, capitalization, sovereign debt and the financial crisis overall with regard to jobs and
public sector cutbacks, the Commission has created a site for links to the De Larosière Report and
successor oversight to the Lamfalussy process, which may be found under a new important official
section in the Commission’s portal on financial services supervision and committee architecture
(http://ec.europa.eu/internal_market/finances/committees/index_en.htm). Related issues of
governance in the eurozone are posted
(http://ec.europa.eu/economy_finance/focuson/crisis/index_en.htm) at the Commission site and
linked from the site for the rotating EU presidency.
The European Council has created a portal for the European response to the debt crisis and
Eurozone governance (http://www.european-council.europa.eu/eurozone-governance?lang=en).
26
C. Social Policy
The relevant portal for this topical area is “Employment, Social Affairs & Inclusion”
(http://ec.europa.eu/social/main.jsp?catId=547&langId=en). A useful feature is the Practical guide-
Applicable legislation in the EU, EEA, and
Switzerland(http://ec.europa.eu/social/main.jsp?langId=en&catId=22 ) under “Publications and
Documents”; this guide summarized social and employment-related law for the increasingly mobile
population of Europe.
Since 2001, several papers and articles have been posted to the Jean Monnet program
(http://centers.law.nyu.edu/jeanmonnet/) and SSRN (http://www.ssrn.com/) on EU employment
policy and the European Social Model.
Just as there can be confusion about the European Council and the Council of Ministers of the
Council of Europe, the European Social Charter
(http://conventions.coe.int/Treaty/EN/Treaties/Html/035.htm), ETS 035 of 1961, 1996 is a
document of the Council of Europe and now includes a complaints procedure whereby violations
may be brought by some ground (trade unions, national NGOs) to a European Committee of Social
Rights.
D. Health and Consumer Protection

Consumers, Fraud, Public Health, Food Safety portals are found under the Directorates-General
page (http://ec.europa.eu/about/ds_en.htm ). The Health and Consumer DG
(http://ec.europa.eu/dgs/health_consumer/index_en.htm ) site has links to different pages than the
above for food and feed safety ( http://ec.europa.eu/food/food/index_en.htm), and consumer safety
(http://ec.europa.eu/consumers/index_en.htm) with its RAPEX database
(http://ec.europa.eu/consumers/safety/rapex/index_en.htm) for non-food consumer alerts.
E. Human Rights
There are new initiatives on human rights detailed at the EU External Action Service’s Human
Rights section (http://eeas.europa.eu/human_rights/index_en.htm). The Council publishes an
annual EU Report on Human Rights (
http://eeas.europa.eu/human_rights/docs/2011_hr_report_en.pdf) (latest 2011). But human rights
internally is a more complex area of research involving the relationship between the decisions of the
ECJ interpreting the EU treaty and the European Court of Human Rights, interpreting the Council
of Europe’s European Convention on Human Rights, and the pending Reform Treaty integration of
human rights into the constitutional arrangements of the EU. The overall framework and texts of
27
the Charter of Fundamental Rights are linked in the “summaries of EU legislation” and in a page on
fundamental rights within the European Union
(http://europa.eu/legislation_summaries/human_rights/fundamental_rights_within_european_unio
n/index_en.htm). In light of terrorism and developments balancing rights with security, this
framework database within Europe also presents another gateway to these links via the justice,
freedom and security
(http://europa.eu/legislation_summaries/justice_freedom_security/index_en.htm) summary.
F. Private International Law

Several issues of importance stand at the intersection of European Law and international law. Choice
of law and jurisdiction are chief among these. The JURE database
(http://ec.europa.eu/civiljustice/jure/search_en.cfm) has been set up by the Commission to collect
and make searchable European and national case law interpreting the Council regulation (Brussels I,
2000 regulation) (http://eur-
lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=3200
1R0044&model=guichett). theas well as the Lugano Convention
(http://curia.europa.eu/common/recdoc/convention/en/c-textes/lug.htm ). Both deal with
recognition and enforcement of judgments in civil and commercial matters. There is also a 2003
Brussels II (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003R2201:EN:NOT
) regulation of the Council dealing with “jurisdiction and the recognition and enforcement of
judgments in matrimonial matters and matters of parental responsibility.” Overall, the European e-
Justice Portal (https://e-justice.europa.eu/home.do?action=home&plang=en) presents procedures
and documents related to judicial cooperation.
In more substantive areas of law, harmonized rules are being crafted. In contract law, for example,
after consideration in 2007 of a Common Frame of Reference, the Commission is working on a
European contract law through a project on common principles. The major area is that of sales, with
insurance and cloud computing also under consideration. National fact sheets and current proposals
with key dates are linked under Contract law at the Justice section of the European Commission site
(http://ec.europa.eu/justice/contract/dates/index_en.htm). The 1980 convention on the law
applicable to contractual obligations has been replaced by a 2008 regulation on the law applicable to
contractual obligations (Rome I, (http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:177:0006:0016:EN:PDF). The latest
communication on cross-border transactions dates from 2011.
The implementation of a harmonized choice of law instrument for non-contractual obligations of

2007 (Rome II, (http://eur-
28
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0040:0040:EN:PDF) which came into

force in January, 2009) has been under discussion in areas such as defamation and privacy.
VII. COMMENTARY AND DATABASES

Bogdandy, Armin von, and Jürgen Bast. Principles of European Constitutional Law. 2d rev. ed.
Oxford: Hart, 2010. (http://www.worldcat.org/title/principles-of-european-constitutional-
law/oclc/248990639&referer=brief_results)
Craig, Paul and Gráinne de Búrca. The evolution of EU law. 2nd ed. Oxford: Oxford University
Press, 2011. (http://www.worldcat.org/oclc/665136465)
Hartley, Trevor C. The Foundations of European Union Law. 7th ed. Oxford: Oxford University
Press, 2010.(http://www.worldcat.org/title/foundations-of-european-union-
Maduro, Miguel Poiares, and Loïc Azoulai. The Past and Future of EU Law: The Classics of EU
Law Revisited on the 50th Anniversary of the Rome Treaty. Oxford: Hart, 2010.
(http://www.worldcat.org/title/past-and-future-of-eu-law-the-classics-of-eu-law-revisited-on-the-
50th-anniversary-of-the-rome-treaty/oclc/187294493&referer=brief_results)
Mathijsen, P. S. R. F. A Guide to European Union Law: As Amended by the Treaty of Lisbon.

London: Sweet & Maxwell, 2010. (http://www.worldcat.org/title/guide-to-european-union-law-as-
amended-by-the-treaty-of-lisbon/oclc/551427632&referer=brief_results)
Piris, Jean-Claude. The Lisbon Treaty: A Legal and Political Analysis. Cambridge [U.K.]:
Cambridge University Press, 2010. (http://www.worldcat.org/title/lisbon-treaty-a-legal-and-
political-analysis/oclc/540143425&referer=brief_results)
European Union Law Reporter: an explanatory commentary on the principal aspects of EU law and
policy.4 v. (loose-leaf). Bicester, Oxfordshire: CCH Editions Limited; Commerce Clearing House;
CCH International (Firm); CCH Europe (Firm) 1962- . (http://www.worldcat.org/oclc/36949482)
European Research Papers Archive (http://eiop.or.at/erpa/)

includes the Jean Monnet and European University Institute Papers and many more.
ECLAS (http://ec.europa.eu/eclas/F).
A catalog of the European Commission Libraries
29
Databases charging subscription or access fees:
Justis (http://www.justis.com/)
A database of Context, Ltd. provides EC law, including the Official Journal C series in combination
with English and Irish legal materials.
Lawtel (www.lawtel.com/Login.aspx), Sweet & Maxwell (Thomson) is focused on the integration of

EU law into the UK legal system.
EU Competition Law Online ( http://www.ellispub.com/eu-competition-law-online.html),

Ellis Publications promises enhanced news and documents on competition developments within
twenty-four hours.
VIII. CONCLUDING REVIEW OF UPDATING AND CITATION TOOLS AND

OTHER RESOURCES
Updating Tools
The following should prove useful in preparing updated articles or guides on EU law:
European Law Institute (ELI), (http://www.europeanlawinstitute.eu/home/), Similar to the
American Law Institute, this organization has formed to study the development of European law and
legal integration by jurists and experts, across legal traditions.
EU Focus ( http://www.euintheus.org/resources-learning/eu-focus/), (under " Resources &

Learning) and the EU Guide for Americans ( http://www.euintheus.org/resources-learning/eu-guide-
for-americans/), at the Delegation for the European Commission to the USA under publications and
one can subscribe to the EUNewsBrief at the site.
VoxEU.org, (http://www.voxeu.org) describes itself as ...a policy portal set up by the Centre for
Economic Policy Research(www.CEPR.org) in conjunction with a consortium of national sites. Vox
aims to promote research-based policy analysis and commentary by leading scholars. The intended
audience is economists in governments, international organizations, academia and the private sector
as well as journalists specializing in economics, finance and business. Assistance for the Centre's work
on Vox has been provided by the European Union, through its programme of support for bodies
active at the European level in the field of active European citizenship.
30
Research Guides
For additional details of the legal research process for the European Union, please refer to the
following research guides and resources (with some academic URLs listed should institutional guides
move).
EISIL ( http://www.eisil.org/index.php?sid=297648529&t=index), Electronic Information System
for International Law (An ASIL Research Tool) has an EU section
(http://www.eisil.org/index.php?sid=297648529&cat=41&t=sub_pages).
European Union Research, NYU Law School, (

http://www.law.nyu.edu/library/research/researchguides/europeanunionresearch/)
European Union Research Boston University Pappas Law Library,

(http://lawlibraryguides.bu.edu/EU)
Research Guide (http://library.law.columbia.edu/guides/European_Union_Legal_Materials),

European Union Materials, Diamond Law Library, Columbia University School of Law
RAPID (http://europa.eu/rapid/), EU press releases, official.
European Union Law: An Integrated Guide to Electronic and Print Research

(http://www.llrx.com/features/eulaw2.htm), Marylin J. Raisch, Includes the EU Document Location
Chart but is no longer updated.
*
Marylin Johnson Raisch is Associate Law Librarian for International and Foreign Law at the John
Wolff International and Comparative Law Library of the Georgetown Law Center. She received her
J.D. from Tulane University School of Law (1980) with work both in civil and common law courses
as well as international law and Roman law. She holds degrees in English literature from Smith
College (B.A. magna cum laude, 1973) and St. Hugh's College, Oxford (M.Litt., 1978). She
received her M.L.S. degree from Columbia University School of Library Service in 1988 and has
worked as a law librarian for fifteen years, ten of which were at Columbia University School of Law
as International and Foreign Law Librarian. Marylin has served as moderator or panelist in several
continuing education programs at the annual meetings of the American Association of Law Libraries
on such topics as selection and reference in international and foreign law, foreign law in English, and
Russian law, and a 2005 workshop on European Union law. She has also presented talks on web
access to foreign and international materials for the International Association of Law Libraries, has
co-directed one of a series of special four-day institutes on "Training the Next Generation" of
international and foreign law librarians, and has edited (with Roberta I. Shaffer) the resulting
volume of proceedings, Transnational Legal Transactions (Oceana, 1995). Marylin is the author of
31
several articles, reviews, and web guides on international and foreign legal research, such as “The
European Union: A Selective Research Guide,” 1 Columbia Journal of European Law 149
(1994/95), and hyperlinked web guides published from 2001 through 20013 on international family
law, European Union law, and religious law.
32
e-RG Electronic Resource Guide

International
Commercial Arbitration
Gloria Miccioli

T
Since then it has been systematically updated and expanded. The chapter
format of the ERG is designed to be used by students, teachers,
practitioners and researchers as a self-‐guided tour of relevant, quality, up-‐to-‐
date online resources covering important areas of international law. The ERG
also serves as a ready-‐made teaching tool at graduate and undergraduate levels.
The narrative format of the ERG is complemented and augmented by EISIL
(Electronic Information System for International Law), a free online database
that organizes and provides links to, and useful information on, web resources
from the full spectrum of international law. EISIL's subject-‐organized format and
expert-‐provided content also enhances its potential as teaching tool.
1. Introduction
2. Overview
3. International Agreements, Conventions, and Treaties
a. UNCITRAL
b. Enforcement
c. Regional Multilateral Treaties
d. Bilateral Investment Treaties
4. Arbitral Institutions -‐ International
5. Arbitral Institutions -‐ Regional
6. Internet Domain Name Disputes
7. National Arbitration Statutes
8. Commercial Sources
9. Blogs and Alerts
10.Treatises

I. Introduction
International commercial arbitration is the process of resolving business disputes between or
among transnational parties through the use of one or more arbitrators rather than through
the courts. It requires the agreement of the parties, which is usually given via an arbitration
clause that is inserted inserted into the contract or business agreement. The decision is usually
binding. This chapter will present the major international arbitral institutions and the resources
found on their web sites. It will also review commercial and private databases that provide
primary and secondary sources of arbitration information. Any omissions or errors are solely
the responsibility of the author.
II. Overview
As the number of international commercial disputes mushrooms, so too does the use of
arbitration to resolve them. The non-‐judicial nature of arbitration makes it both attractive and
effective for several reasons. There may be distrust of a foreign legal system on the part of one
or more of the parties involved in the dispute. In addition, litigation in a foreign court can be
time-‐consuming, complicated, and expensive. Further, a decision rendered in a foreign court is
potentially unenforceable. On the other hand, arbitral awards have a great degree of
international recognition. For example, more than 140 countries have agreed to abide by the
terms of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of
1958
(http://www.jus.uio.no/lm/un.arbitration.recognition.and.enforcement.convention.new.york.1
958/) known as the New York Convention.
Another reason for choosing arbitration is that the process is administered by a panel of
arbitrators who are agreed upon by both parties. These arbitrators may have specialized
competence in the relevant field. Arbitral awards are usually final and binding, which avoids a
drawn-‐out appeals process. In addition, the confidentiality of the arbitration process may
appeal to those who do not wish the terms of a settlement to be known. This is the biggest
obstacle to researching international commercial arbitration: as its popularity grows, so does
its interest to outside parties. However, because many awards are not made public, it can be
frustrating to search for information.
There are essentially two kinds of arbitration, ad hoc and institutional. An institutional
arbitration is one that is entrusted to one of the major arbitration institutions to handle, while
an ad hoc one is conducted independently without such an organization and according to the
rules specified by the parties and their attorneys. On its face, ad hoc arbitration may seem to be
less expensive and more flexible. However, institutional arbitration provides an independent,
neutral set of rules that already exist, and it requires that an institution provide services that
are critical to ensuring that the arbitration proceeds smoothly. For example, the International
Court of Arbitration (ICA) (http://www.iccwbo.org/court/about-‐icc/organization/dispute-‐
resolution-‐services/icc-‐international-‐court-‐of-‐arbitration) decides on the number of arbitrators
and their fees, appoints the arbitrators, ensures that the arbitration is being conducted
according to International Chamber of Commerce Rules, determines the place of arbitration,
sets time limits, and reviews arbitral awards. In addition, an arbitral body will ensure controlled
costs, since it will have a pre-‐determined framework of charges.
Many international agreements, treaties, and conventions facilitate the use of arbitration as a
method for resolving disputes. Other agreements address the enforcement of awards. There
has been a tremendous increase in arbitration options in the last 50 years. Previously, there
were a few countries with well-‐developed arbitration practices and sympathetic national laws.
Interference with arbitration by the courts was a well-‐founded fear in many countries.
Conversely, the necessary actions on the part of the national legal system in compelling
witnesses and enforcing judgments were not always available.
One reason for the growth of arbitration is that there are now many arbitral bodies, and parties
can select one that is best suited to their needs. Some organizations welcome any type of
dispute. In contrast, there are organizations that specialize in particular types of disputes, such
as those involving investments or that focus on a particular topic, such as intellectual property.
Some arbitral bodies specialize in disputes in particular industries. An example is the American
Arbitration Association (AAA) ((http://www.adr.org), which has different sets of special rules
governing disputes in different subjects. Another factor in selecting an institution is the nature
of the party; one institution may be open only to states or member governments, while another
may be available to any entity or individual. The fact that awards are issued by a number of
institutions can complicate research.
An arbitral body sets forth a set of arbitration rules that governs the potential arbitration. It
may also issue a model arbitration clause that can be incorporated into the contract or business
agreement when the transaction is made. Arbitration rules and model clauses are often found
on the organization's Web site.
III. International Agreements, Conventions, and Treaties
A. United Nations Commission on International Trade Law (UNCITRAL)

(http://www.uncitral.org/) [web site is in English, Spanish, French, Arabic, Russian and Chinese]
There are different arbitration treaties and conventions to which a party or nation may adhere.
An important development in the spread of international arbitration was the adoption in 1976
of arbitration rules
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1976Arbitration_rules.html) by
the United Nations Commission on International Trade Law. UNCITRAL was established by a
resolution of the UN General Assembly in 1966 to promote harmony and unity in international
trade. A new version
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/2010Arbitration_rules.html).
was adopted on June 25, 2010. They will apply to any new arbitration agreements, concluded
after August 15, 2010, that adopt the UNCITRAL rules. While UNCITRAL does not administer
arbitration disputes, its arbitration rules may be used by any public or private entity wishing to
arbitrate without the use of an international arbitral institution.
In addition, UNCITRAL in 1985 issued a Model Law on International Commercial Arbitration
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1985Model_arbitration.html;
click on “Text of the Model Law (original 1985 version)) that has influenced the national
arbitration legislation of more than 60 countries. It was amended in 2006 (click on “Text of the
Model Law (amended in 2006)”). Eight states in the U.S. have based their arbitration laws on
the model law (California, Connecticut, Florida, Illinois, Louisiana, Oregon, Georgia, and Texas).
The UNCITRAL web site also has a link to selected arbitration case abstracts. This database is
called Case Law -‐ CLOUT(http://www.uncitral.org/uncitral/en/case_law.html). CLOUT stands for
Case Law on UNCITRAL Texts; it is intended to be a collection and distribution mechanism for
information on court decisions and arbitral awards "relating to the Conventions and Model
Laws that emanated from the work of the Commission" in order to promote awareness of the
texts and to "facilitate uniform interpretation and application". It covers the UNCITRAL Model
Law on International Commercial Arbitration, plus other UNCITRAL model laws and
conventions. CLOUT has selected abstracts of decisions and awards from the courts of countries
that have enacted legislation based on the Model Law. They are published irregularly and the
coverage of arbitral awards is sketchy. The full texts are stored with the Secretariat in the
original language and are available upon request and for a fee. The cases are indexed by CLOUT
case number, Model Arbitration Law article number, keyword, jurisdiction and date. There is a
link to an explanation on the main CLOUT web page.
In a major development, UNCITRAL adopted the Convention on Transparency in Treaty-‐Based
Investor-‐State Arbitration on December 10, 2014, . [Text of Draft Convention (http://daccess-‐
dds-‐ny.un.org/doc/UNDOC/LTD/V13/881/41/PDF/V1388141.pdf?OpenElement) is available.]
The Convention’s main goal is to extend the application of the UNCITRAL Rules on Transparency
in Treaty-‐based Investor-‐State Arbitration
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/2014Transparency.html). The
rules were introduced to increase transparency in investor-‐state arbitrations by allowing for
greater public access to documents and hearings.
B. Enforcement
Other international agreements relevant to international arbitration concern enforcement of
arbitral awards and decisions. There are several mechanisms by which foreign arbitration
awards may be enforced. Countries may agree bilaterally to enforce arbitral awards, sometimes
through a treaty of friendship, commerce, and navigation or through a bilateral investment
treaty (BIT), of which there are now an estimated 2000. Or a multilateral agreement may be
implemented. One such is the 1958 New York Convention on the Recognition and
Enforcement of Foreign Arbitral Awards
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html), which
limits the grounds upon which arbitral awards may be attacked. One hundred and forty-‐nine
nations have agreed to abide by its terms; see the current list of signatories
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention_status.html).
Most arbitration attorneys limit the universe of appropriate arbitration venues to those states
that are a
For the European Union member countries, this has been addressed through the Brussels
Recast Regulation, in effect as of January 10, 2015 (http://eur-‐
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:351:0001:0032:En:PDF).
C. Regional Multilateral Treaties
Inter-‐American Convention on International Commercial Arbitration

(http://www.oas.org/juridico/english/treaties/b-‐35.html) -‐ promulgated in 1975 and applies to
members of the Organization of American States. In English and Spanish.
1961 (Geneva) European Convention on International Commercial Arbitration

(http://www.jus.uio.no/lm/europe.international.commercial.arbitration.convention.geneva.19
61) -‐ established under the auspices of the Economic Commission for Europe of the United
Nations.
European Convention Providing a Uniform Law on Arbitration (1966)

(http://conventions.coe.int/treaty/en/Treaties/Html/056.htm) -‐ applies to the member states
of the Council of Europe.
Arab Countries -‐ Convention Arabe D'Amman Sur L'Arbitrage Commercial (1987)
(http://www.ohada.com; see links to the original 1985 treaty and the 2008 revision). In French,
English, Spanish and Portuguese.
D. Bilateral Investment Treaties
Bilateral investment treaties between two countries provide for arbitration by the International
Centre for Settlement for Investment Disputes (ICSID) (http://www.worldbank.org/icsid), an
autonomous organization with close ties to the World Bank. It was established in 1966 under
the Convention on the Settlement of Investment Disputes between States and Nationals of Other
States
(http://cil.nus.edu.sg/rp/il/pdf/1965%20Convention%20on%20the%20Settlement%20of%20Inv
estment%20Disputes-‐pdf.pdf) [in English, French and Spanish]. Click on the tabs on the ICSID
home page for more links to arbitration rules, a list of pending and concluded cases, and more.
The Bilateral Investment Treaties page on the ICSID web site provides the names of parties to
bilateral investment treaties. It can be found by clicking on the Resources tab. The list covers
treaties collected by ICSID to date. However, since ICSID relies on governments to send treaty
information, the list may not be complete. The information can be viewed alphabetically by
signatory, by year, or may be further searched by selecting two specific States. What is missing
are the actual texts of the treaties, which the researcher usually also needs.
The United Nations Conference on Trade and Development (UNCTAD)

(http://www.unctad.org/Templates/StartPage.asp?intItemID=2068) has an investment treaties
page that includes BITs. UNCTAD has done more than just compile a list of treaties, however. It
has put the full text of available treaties on its web site alphabetically by country.
The full text of some BITs may also be found by searching the Internet or commercial sources
such as International Legal Materials. In addition, the Web sites of individual countries may
include the texts of these treaties. For example, United States bilateral investment treaties are
available on the Internet, along with other trade-‐related agreements, from the US Department
of Commerce's Trade Compliance Center (http://tcc.export.gov; click on “Trade Agreements,
then on the BIT link). In addition, this web site also has the text of the 2004 US Model BIT
(http://www.state.gov/documents/organization/117601.pdf).
The International Institute for Sustainable Development (IISD) (http://www.iisd.org/) publishes

a free electronic news service that is available on the Internet and by e-‐mail called Investment
Treaty News (http://www.iisd.org/investment/itn/). It reports developments in the
negotiations of new investment treaties and on arbitrations that have been brought under
existing treaties.

IV. Arbitral Institutions -‐ International
A. International Chamber of Commerce (ICC) (http://www.iccwbo.org)
The dispute resolution procedures of the International Chamber of Commerce specifically
target international business disputes. ICC arbitrations are confidential and offer the parties
the choice of arbitrators, place of arbitration, rules of law, and language of the proceeding. The
ICC has several dispute resolution mechanisms. The current ICC Rules of Arbitration
(http://www.iccwbo.org/products-‐and-‐services/arbitration-‐and-‐adr/arbitration/icc-‐rules-‐of-‐
arbitration) have been in force as of January 1, 2012 and can be found in 11 languages. Clauses
are also available in 11 languages (http://www.iccwbo.org/Products-‐and-‐Services/Arbitration-‐
and-‐ADR/Arbitration/Standard-‐ICC-‐Arbitration-‐Clauses/).
B. International Court of Arbitration (ICA) (http:/www.iccwbo.org/about-‐

icc/organization/dispute-‐resolution-‐services/icc-‐international-‐court-‐of-‐arbitration/)
The International Court of Arbitration was established in 1923 as the arbitral body of the ICC.
The ICA oversees the arbitration process and regularly reviews the progress of pending cases.
One of the Court's most important functions is to scrutinize and approve all arbitral awards. A
detailed explanation of the ICA arbitral process is available in English
(http://www.iccwbo.org/products-‐and-‐services/arbitration-‐and-‐
adr/arbitration).http://www.iccwbo.org/products-‐and-‐services/arbitration-‐and-‐
adr/arbitration).
The Court has administered over 20,000 disputes since its creation.
Extracts or summaries of ICC arbitral awards plus commentary and analysis have been
published in the ICC International Court of Arbitartion Bulletin
(http://www.iccdrl.com/bulletins.aspx) since 1990. It is available by subscription.
The ICC Dispute Resolution Library (ICCDRL) (http://www.iccdrl.com) is a database that allows
free searching of the Bulletin. However, a subscription is required to view the full text, and it
includes access to the Bulletin and its supplements, to Commission Reports and to other
materials.
C. Permanent Court of Arbitration (PCA) (http://www.pca-‐cpa.org)[In 6 languages];
International Council for Commercial Arbitration (ICCA) (http://www.arbitration-‐icca.org)
Located in The Hague, the Permanent Court of Arbitration "administers arbitration, conciliation,
and fact finding in disputes involving various combinations of states, private parties, and
intergovernmental organizations." It was established in 1899 by the Convention for the Pacific
Settlement of International Disputes
(http://library2.lawschool.cornell.edu/pca/1899english.htm). The 1899 Convention was revised
at the second Hague Peace Conference in 1907
(http://www1.umn.edu/humanrts/instree/hague1-‐1910.html). The Permanent Court of
Arbitration was formed to handle arbitrations exclusively involving states, but since 1992 it has
broadened its mandate to include disputes involving states and private parties, as well as
disputes involving international organizations. At present, 116 states are parties to one or both
of the Conventions. A complete list of Contracting States and Accession Information
(http://www.pca-‐cpa.org/showpage.asp?pag_id=1038) can be found on the Web site.
The site's "Basic Documents" (http://www.pca-‐cpa.org/showpage.asp?pag_id=1067) page

includes links to the conventions, rules, and model clauses, among other items. Its modern
rules of procedure are based on the UNCITRAL Arbitration Rules. However, effective 17
December 2012, the PCA issued its own arbitration rules. (http://www.pca-‐
cpa.org/shownews.asp?nws_id=347&pag_id=1261&ac=view; scroll down to “click here for PCA
arbitration rules” at the end of the press release). Different rules may be used depending on
the nature of the parties or the nature of the dispute. This reflects the accessibility of the PCA.
Also on the "Basic Documents" page is a link to the PCA's Model Clauses for arbitration of
different types of disputes.
There is some free online access to case and award information in the form of selected
summaries of Past and Pending Cases; select the Cases tab on the home page. From this page
you can link to a new “PCA Case Repository,” now in beta. It has only pending cases, but it will
eventually have pending and concluded cases. It will also offer advanced search functions,
including keyword searching. Note that the PCA only “identifies and publishes awards…where
the parties are so agreed.”
International Council for Commercial Arbitration (ICCA) (http://www.arbitration-‐

icca.org/index.html) houses its editorial staff on PCA premises. The ICCA produces some of the
arbitral publications that are published by Kluwer Law. The ICCA is devoted to promoting
international arbitration and other forms of dispute resolution. It holds conferences and
congresses for the presentation of papers and the discussion of topics related to international
dispute resolution.
With the help of the PCA, the ICCA publishes the Yearbook Commercial Arbitration, the
International Handbook on Commercial Arbitration," and the ICCA Congress Series. It also
participates in the preparation of the UNCITRAL Arbitration Rules, Model Arbitration Law and
other documents. It is governed by a council of members from 32 countries.
Many ICCA publications can be accessed via subscription the Kluwer Arbitration Web site (see
more under “Commercial Sources”, below).
D. London Court of International Arbitration (LCIA) (http://www.lcia.org)
Established in 1892, the London Court of International Arbitration is one of the oldest and most
wide-‐ranging of the arbitral institutions. Although based in London, it administers arbitrations
worldwide, for all parties, and for disputes arising under all types of commercial transactions. It
also acts as the appointing authority and administrator in UNCITRAL Rules cases. While the
LCIA maintains a set of arbitrators, parties are free to nominate their own arbitrators.
The LCIA Arbitration Court was created in 1985 and is the final authority for the proper
application of the LCIA Rules. Its principal functions are the appointment of tribunals, the
determination of challenges to arbitrators, and the control of costs. It is made up of up to 35
members. Awards are not published.
The LCIA Arbitration Rules (http://www.lcia.org/Dispute_Resolution_Services/lcia-‐arbitration-‐

rules-‐2014.aspx) are intended for use in the widest range of commercial disputes, both
domestic and international and under any system of law and are designed to promote
flexibility, efficiency, and cost control. The rules are available in English and Russian.
E. World Intellectual Property Organization -‐ Arbitration and Mediation Center (WIPO
Arbitration and Mediation Center (http://arbiter.wipo.int/center/)
Based in Geneva, the WIPO Arbitration and Mediation Center was established in 1994 to offer
alternative dispute resolution options for private parties involved in international commercial
disputes. Entertainment, technology, and other types of intellectual property disputes are
particularly suitable for WIPO arbitration, but all types of international commercial disputes
may be brought before the Center. The procedures are open to any person or entity, regardless
of nationality or domicile. They may be held anywhere in the world, in any language, and under
any law chosen by the parties, and they are confidential.
The Center's Web page is textual, extremely easy to use, and has well-‐placed FAQs with simple
but thorough explanations of how the Center operates and what kinds of disputes are
arbitrated. WIPO has recently updated its various arbitration and mediation rules. There are
links on the home page.
The web site also gives an overview (http://arbiter.wipo.int/center/caseload.html) of the WIPO
caseload and links to a few summaries (http://arbiter.wipo.int/arbitration/case-‐example.html)
of selected examples. Parties are not named.
F. International Centre for Settlement of Investment Disputes (ICSID)

(http://www.worldbank.org/icsid/index.html) [Most documents in English, French, and
Spanish]
Created in 1966 to facilitate the settlement of investment disputes between member
governments and foreign members who are nationals of other member governments, ICSID is
an autonomous organization with close ties to the World Bank. It was established under the
Convention on the Settlement of International Disputes Between States and Nationals of Other
States (https://icsid.worldbank.org/ICSID/StaticFiles/basicdoc/partA.htm). The Convention,
arbitration rules, and other basic documents can be linked to from the home page. To date,
some 159 countries have signed the Convention.
All ICSID members are also members of the World Bank, and the expenses of the ICSID
Secretariat are funded by the Bank. Dispute costs are borne by the parties involved. Application
to the ICSID for arbitration is voluntary, but once the process starts, the parties cannot
withdraw. In addition, all member ICSID states are required to recognize and enforce an ICSID
arbitral award even if they are not parties to the dispute.
Investment contracts between member states and investors from other states often provide
for ICSID arbitration through Model Clauses
(https://icsid.worldbank.org/ICSID/StaticFiles/model-‐clauses-‐en/main-‐eng.htm). Other means
of advance consent to ICSID arbitration can be found in investment laws and bilateral
investment treaties.
For information on arbitral awards and case decisions, click on “Cases” on the home page.
There are links to lists of pending and concluded cases; to a page where you can search cases;
and to a page where you can search for online decisions and awards.
G. World Trade Organization (WTO) (http://www.wto.org) In English, Spanish, and French
With more than 155 members

(http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm), the World Trade
Organization is a global institution that deals with the rules of trade between nations. Its
objective is to help trade flow freely and predictably. To do this, it has formulated agreements
that result from negotiations among members. The Uruguay Round negotiations (1986-‐1994)
resulted in about 60 agreements (http://www.wto.org/english/docs_e/legal_e/legal_e.htm).
One of the WTO's tasks is to settle trade disputes; it has administered arbitrations since its
creation in 1995. The main agreement for settling disputes that resulted from the Uruguay
Round is the Dispute Settlement Understanding
(http://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm), which is the responsibility of the
Dispute Settlement Body.
On the WTO Web site is a section called Understanding the WTO: Settling Disputes
(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm), which describes clearly
and in detail the WTO dispute resolution process and which makes a good starting point for
WTO research. According to the explanation, a dispute arises when one country adopts a trade
policy or takes an action that one or more fellow WTO members considers in violation of the
WTO agreements. A third group of countries can declare that they have an interest in the case.
Dispute settlement procedures under the WTO follow a fixed set of timetables that are
described here. A case should normally not take more than about a year. If it is appealed, the
time may be extended to 15 months. In addition, rulings are automatically adopted unless the
country that wants to block the ruling persuades all other WTO members to share its view. If a
country continues to break an agreement, then some kind of penalty, such as trade sanctions,
can be imposed.
"Understanding the WTO: Settling Disputes is" sub-‐divided into three sections. The first, "a
unique contribution" (http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm)
explains the dispute settlement process. The second, "the panel process"
(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp2_e.htm), presents a diagram of
the process. Finally, there is a "case study"
(http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp3_e.htm), a detailed look at how
the timetable worked in an actual dispute.
The Dispute Settlement Gateway screen

(http://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm) gives the user different options
for finding actual cases and arbitrations and related official documents.
You can browse a list of cases by year and case number, where short descriptions are given
(http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm). Click on a case number
to go to a screen that has a summary and options for viewing or downloading the related
documents.
It is possible to browse cases and rulings by subject
(http://www.wto.org/english/tratop_e/dispu_e/dispu_subjects_index_e.htm). Click on a
subject to be taken to a list of cases; click on the case number to get to viewing and
downloading options.
If you want to know the kinds of disputes a particular country has been involved in, go to the
Disputes rulings by country page
(http://www.wto.org/english/tratop_e/dispu_e/distabase_wto_members1_e.htm). Not only
do you get a breakdown by country, but you also get links to the different documents such as
panel reports and appellate body reports that are currently available on the web site. Not every
ruling is accompanied by a full-‐text document.
For more information on the World Trade Organization, see ASIL Guide to Electronic Resources
for International Law – International Economic Law
(http://www.asil.org/sites/default/files/ERG_IECON.pdf).
H. Arbitration Institute of the Stockholm Chamber of Commerce (SCC)

(http://www.sccinstitute.com [web site is in four languages]
One of the older arbitral bodies, the Arbitration Institute of the SCC was established in 1917
and was recognized in the 1970's by the US and USSR as a neutral center for the resolution of
East-‐West trade disputes. It has since expanded to arbitrate disputes in up to 40 countries. Its
Arbitration Rules (http://www.scccinstitute.com/dispute-‐resolution/rules) are available in 4
languages. It has also issued Model Clauses (http://www.sccinstitute.com/?id=23710; click on
“Model Clauses”) in 8 languages.
I. American Arbitration Association (http://www.adr.org);
International Centre for Dispute Resolution (ICDR) (http://www.adr.org; scroll down to and click
on the ICDR icon at the bottom right)
The American Arbitration Association is a private, nonprofit organization that was founded in
1926 and that is now one of the world's leading dispute resolution bodies. In 1996, the AAA
established the International Centre for Dispute Resolution (ICDR) to handle international cases
of arbitration and mediation.
On the ICDR home page you will see links to “Rules and Procedures” in 8 languages as a link to
“Clause Drafting” Guidelines.
J. Court of Arbitration for Sport (CAS) (http://www.tas-‐cas.org)[French and English]
Created in 1984 due to the growing importance of sports on the world stage, the Court of
Arbitration for Sport seeks to facilitate the arbitration or mediation of sports-‐related disputes
by means of procedural rules that have been specifically adapted to the sports world. Its nearly
300 arbitrators from 87 countries are legal and sports experts. Based in Lausanne, Switzerland,
the CAS hears disputes of either a commercial or disciplinary nature. Cases may be referred to
the CAS by athletes, sports federations, organizors of sports events, sponsors or television
companies.
The Code of Arbitration for Sport governs the organization and arbitration procedures of the
CAS. There are standard clauses for ordinary and appeals arbitration procedures. Click on the
“Jurisprudence” tab on the home page for links to non-‐confidential new and archived decisions.
K. National Arbitration Forum (NAF) (http://www.arbforum.com) In English and Spanish

Established in 1986, the NAF has a roster of neutral arbitrators made up of legal professionals.
It provides services in each of the 50 states as well as the U.S. territories and 35 foreign
countries.
A drop-‐down menu under the “Programs and Rules” tab leads to arbitration rules and forms.
“FORUM Arbitration” under the same tab leads to the Code of Procedure.
L. Chamber of Arbitration of Milan [Camera Arbitrale di Milano] (http://www.camera-‐
arbitrale.it/)
A part of the Chamber of Commerce of Milan, Italy, the Chamber of Arbitration of Milan
administers proceedings for both national and international arbitrations. The web site is in
English, French and Italian.
M. Inter-‐American Commercial Arbitration Commission (IACAC)

(http://www.sice.oas.org/dispute/comarb/iacac/iacac1e.asp)
The Inter-‐American Commercial Arbitration Commission administers a system for settlement,

by arbitration or conciliation, of international commercial disputes throughout the western
hemisphere. To promote its system, the Commission works to obtain the ratification of the
member countries of the Inter-‐American Convention on International Commercial
Arbitraton(http://www.oas.org/juridico/English/sigs/b-‐35.html) and the U.N. Convention on
the Recognition and Enforcement of Foreign Arbitral Awards
(http://www.jus.uio.no/lm/un.arbitration.recognition.and.enforcement.convention.new.york.1
958). [English, Spanish, French, and Portuguese]
N. Australian Centre for International Commercial Arbitration (ACICA)

(http://www.acica.org.au)
Established in 1985, ACICA aims to support and facilitate commercial international and
domestic arbitrations and to promote Sydney and Australia as a venue for international
commercial arbitration. The home page links to its arbitration rules and clauses under the
“Rules and Clauses” tab.
O. International Institute for Conflict Prevention & Resolutions (CPR) (http://www.cpradr.org)
CPR was founded in 1979 as the Center for Public Resources from a coalition of corporation
general counsel and law firms to identify and apply alternative solutions to disputes. Today it is
a membership-‐based nonprofit alliance of global corporations, law firms, scholars, and public
institutions with a panel of arbitrators that has mediated thousands of cases worldwide.
Approximately 4000 operating companies have pledged to explore alternatives to litigations
with other members. Click on the “Membership” tab for a list. For arbitrations and rules, click
on the “Rules and Case Services” tab.
P. Paris, the Home of International Arbitration (http://www.parisarbitration.com/)
This is a non-‐profit association that was started in 2009 with the goal of promoting Paris as “the
world’s leading site for international arbitration.” Its members include arbitrators, arbitration
practitioners, and others in the world of arbitration. A membership list can be seen by clicking
on the “About Us” tab and scrolling down. Click on “Arbitration rules” on the home page to be
taken to links to the rules in French and English.
V. Arbitral Institutions -‐ Regional
A. Commercial Arbitration and Mediation Centre of the Americas (CAMCA)

(http:/www.thecre.com/fedlaw/legal89/bcicac.htm)
The Commercial Arbitration and Mediation Center for the Americas provides commercial
parties in the Americas with a forum for the resolution of private commercial disputes and is
designed to be consistent with the North American Free Trade Agreement (NAFTA). It is the
joint creation of the AAA, the British Columbia International Commercial Arbitration Centre, the
Mexico City National Chamber of Commerce, and the Quebec National and International
Commercial Arbitration Centre, and it is governed by representatives from each group. Its
Arbitration Rules (http:/www.thecre.com/fedlaw/legal89/bcicac.htm) are available in English,
French, Portuguese, and Spanish.
B. European Court of Arbitration (http://cour-‐europe-‐arbitrage.org/index.php?lang=en)

[English, French, Italian, Spanish, German, Arabic]
Headquartered in Strasbourg with departments throughout Europe, the European Court of
Arbitration is a private organization that specializes in swift, affordable arbitrations. It is an
open body, with regulations and compromise clauses applicable to anyone. Click on
“Arbitration” on the home page for a link to the rules.
C. Common Court of Justice and Arbitration of the Organization for the Harmonization of
Business Law in Africa (OHADA) (http://www.ohada.com/index.php?newlang=english)
OHADA is currently made up of 17 African nations. On the home page, click on “Information
Resources,” then “Case Law.” There are also links to the OHADA Treaty and Implementing
Rulels. The web site has icons for French, English, Portuguese and Spanish,but it appears some
content is only available in French.
D. Hong Kong International Arbitration Centre (HKIAC) (http://www.hkiac.org) In English and
Chinese
The Hong Kong International Arbitration Centre was established in 1985 for purposes of dispute
resolution in Asia. It is independent of the Hong Kong government. There are links to rules and
clauses on the home page.
E. OSCE Court of Conciliation and Arbitration (http://www.osce.org/cca/43295)
The Court is part of the Organization for Security and Co-‐operation in Europe (OSCE)
(http://www.osce.org). It was established in 1995 under the Convention on Conciliation and
Arbitration. Links on the home page lead to the Convention, the Court's Rules of Procedure, a
ratification list and more. The Court is based in Geneva. The Court's mandate is to settle
disputes submitted to it by member states.
F. Singapore International Arbitration Centre (SIAC) (http://www.siac.org.sg/) was established

in 1991 as an independent, non-‐profit organization. Tabs on the home page lead to rules and
model clauses.
G. Arbitration Foundation of Southern Africa

(http://www.arbitration.co/za/pages/default.aspx)
Founded in 1996, the AFSA aims to provide a one-‐stop dispute resolution service. There is a
choice of rules depending on the matter. Links on the home page take you to rules and clauses.
H. Kigali Centre for International Arbitration (KIAC) (http://kiac.org.rw/)
Located in Rwanda and launched in 2012, KIAC aims to serve Rwanda and the countries in the
East Africa Community. Rules and model clauses have links on the home page.
I. The China International Economic and Trade Arbitration Commission (CIETAC)

(http://www.cietac.org; in English and Chinese) is located in Beijing. It has or had 4 sub-‐
commissions, including one in Shanghai and one in South China (Shenzhen). However, in 2012,
CIETAC amended its arbitration rules (http://www.cietac.org/index/rules.cms; in English,
Chinese, and Japanese) to require that all cases be administered in Beijing unless the
arbitration agreement stated that the proceeding would be administered to a sub-‐commission.
This touched off a dispute between the main body in Beijing and the Shanghai and South China
sub-‐commissions that eventually led to these sub-‐commissions declaring independence from
CIETAC.
On October 22, 2012, CIETAC South China changed its name to the South China International
Economic and Trade Arbitration Commission, or SCIETAC (http://www.sccietac.org/main/en/; in
English and Chinese.)
In April 2013, what was formerly CIETAC Shanghai became the Shanghai Economic and Trade
Arbitration Commission (SHIAC) (http://www.shiac.com). ). Each new entity has promulgated its
own set of rules, which can be found via links on their Web sites’ home pages.
The result has been an ongoing dispute among these dispute resolution bodies with regard to
which organization will preside over which arbitrations. A good review of the conflict is found in
“When dispute resolving is in dispute,” by Taylor Wessing, John Chen and Dr. Michael Tan,
February 27, 2015) on the Lexology.com web site
(http://www.lexology.com/library/detail.aspx?g=48cc864b-‐892e-‐4e15-‐b106-‐ba8f3eae31bc).
VI. Internet Domain Name Disputes
With the rapid rise of Internet use and the subsequent increase in disputes over domain
names, the Internet Corporation for Assigned Names and Numbers (ICANN)
(http://www.icann.org/), the organization responsible for the management of the generic top
level domains, was in need of a dispute resolution mechanism. In answer to this need, the
World Intellectual Property Organization studied the problem and eventually published a report
(http://www.wipo.int/amc/en/processes/process1/report/index.html) containing
recommendations dealing with domain name issues. Based on the report's recommendations,
ICANN adopted the Uniform Domain Name Dispute Resolution Policy (UDRP)
(www.icann.org/udrp/udrp-‐policy-‐24oct99.htm). The UDRP went into effect on December 1,
1999, for all ICANN-‐accredited registrars of Internet domain names. Under the UDRP, there are
five approved providers of domain name dispute resolution
(http://www.icann.org/resources/pages/provider-‐6d-‐2012-‐02-‐25-‐en):
A. WIPO is a leading ICANN-‐accredited domain name dispute resolution provider

(http://arbiter.wipo.int/domains/index.html). A number of registrars of country code top-‐level
domains (http://arbiter.wipo.int/domains/cctld/index.html) have designated WIPO as a dispute
resolution service provider.
For concise background information on how and why domain name disputes arise and how to
find cases, see the FAQ (http://arbiter.wipo.int/center/faq/domains.html) on the WIPO Web
site. The WIPO domain name disputers pages have a lot of information, including the full text of
decided cases. The Index of WIPO UDRP Panel Decisions
(http://www.wipo.int/amc/en/domains/search/legalindex.jsp) lets you filter by type of
organization, industry, and other factors. A search page lets you search by domain name or
case number, or you can view a listing of decisions by year back to 1999.
The web site also offers daily emails of new decisions as soon as they are publicly available.
B. Another provider approved by ICANN is the Asian Domain Name Dispute Resolution Centre
(ADNDRC)(http://www.adndrc.org/index.html). Disputes handled by the ADNDRC are governed
by the Uniform Domain Name Dispute Resolution Policy Rules (UDRP Rules)
(http://www.icann.org/dndr/udrp/uniform-‐rules.htm; click on “The Rules.”)
C. National Arbitration Forum (NAF) (http://www.arb-‐forum.com) is the foremost provider of
domain name dispute resolution in North America. The Web site's Domain Name Disputes
page (http://domains.adrforum.com) provides links to procedures and rules relating to various
types of domain name disputes. There is also a searchable case database that allows searching
of dispute proceedings and decisions by full text, case number, name, domain type, date,
parties, status, and rule.
D. Arbitration Center for Internet Disputes (http://www.adr.eu) ADR.EU is the Alternative
Dispute Resolution service of the Czech Arbitration Court and is supported by the European
Commission. Click on “Enter Platform .euADR” on the home page (select one of 24 languages)
to be taken to a page with links to its rules, supplemental, rules, procedures, and decisions.
E. Arab Center for Domain Name Resolution (http://acdr.aipmas.org)
This body was approved as a UDRP dispute resolution service on May 18, 2013.
With the proliferation of domain name disputes, the Uniform Rapid Suspension (URS)
(http://newgtlds.icann.org/en/applicants/urs) System was developed. Implemented by ICAAN,
it provides a faster, less expensive procedure for rights holders experiencing clear-‐cut cases of
infringement caused by domain name registrations. The two approved URS dispute providers
are NAF and ADNRC.
VII. National Arbitration Statutes
An important component to a successful arbitration is a statute receptive to arbitration in the
country of the site of the arbitration. A distinction is often made in a nation's laws between
domestic arbitrations, in which states tend to maintain a firmer hand through the court
systems, and international arbitration, in which actors engaging sophisticated commercial
transactions are freer to agree upon their own rules. Another recent trend is the conscious
repositioning of countries through adoption of new or amendment of existing arbitration laws
that remove impediments to the arbitration process, in an effort to attract more global
business. Most statutes since 1980 have also included "trade usage" as a permissible source of
arbitration law, again in an effort to attract global business on its own terms.
What follows is an alphabetical listing of national arbitration laws available free on the Internet
that the author has been able to locate. [In English, unless otherwise indicated.]
Algeria (http://lexalgeria.free.fr/proviii.htm) In French.
Angola (http://academy.goldman.com.pt/legislacao_ANG-‐Das-‐Sociedades.html) Select Lei 16-‐

2003) In Portuguese.
Antigua (http://www.laws.gov.ag/acts/; select "A" under #4, then scroll down and click on
"Arbitration Act.")
Argentina (http://www.sice.oas.org/DISPUTE/COMARB/argentina/libro6.asp) In Spanish.
Armenia (http://www.lexadin.nl/wlg/legis/nofr/oeur/arch/arm/arbitration_law.pdf)
Australia (http://www.comlaw.gov.au/Details/C2010C00470) 1974 Act as amended in 2010
Austria (http://www.viac.eu/en/materials/83-‐recht/gesetze/200-‐zpo-‐as-‐amended-‐2013)
Azerbaijan (http://arbitr.az/eng/viewpage.php?page_id=27)
Bahamas (http://www.bfsb-‐bahamas.com/legislation/ArbitrationAct2008.pdf)
Belgium (http://www.cepani.be/en/arbitration/belgian-‐judicial-‐code-‐provisions)
Bermuda
(http://www.bermudalaws.bm/Laws/Consolidated%20Laws/Bermuda%20International%20Con
ciliation%20and%20Arbitration%20Act%201993.pdf)
Bolivia (http://www.sice.oas.org/DISPUTECOMARB/Bolivia/Larbcom1.asp) In Spanish.
Botswana (http://www.elaws.gov.bw/default.php?UID=602; enter arbitration in the keyword

box; select “Principal Legislation Only”; scroll down the resulting list.)
Brazil (http://www.jus.uio.no/lm/brazil.arbitration.law.no.9.307.1996/)
British Virgin Islands (http://www.bvifsc.vg/Portals/2/Arbitration%20Act,%202013.pdf)
Brunei (http://www.wipo.int/wipolex/en/details.jsp?id=8530)
Bulgaria (http://www.bcci.bg/arbitration/lawofarbitr.htm)
Cambodia (http://www.wipo.int/wipolex/en/details.jsp?id=5998) Click on pdf icon
Canada (http://laws-‐lois.justice.gc.ca/eng/acts/c-‐34.6/)
Chile (http://www.leychile.cl/Navegar?idNorma=230697)
China (http://www.jus.uio.no/lm/china.arbitration.law.1994/)
Colombia (http://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=48366) In Spanish.
Costa Rica ( http://www.derpublico.net/main.php/view_photo?wa_id=13 ) In Spanish.
Croatia (http://www.vsrh.hr/CustomPages/Static/HRV/Files/Legislation__Law-‐Arbitration-‐
RC.pdf)
Cyprus (http://www.neocleous.biz/gr/download/busop_ccica.htm; scroll down to Appendix 1)
Denmark (http://www.voldgiftsinstitutte.dk/en/library/arbitration-‐act)
Dominica (http://www.dominica.gov.dm/laws/chapters/chap4-‐50.pdf)
Dominican Republic (http://camarasantiago.org/images/Leyes/Ley_489-‐08-‐

Sobre%20Arbitraje%20Comercial.pdf) In Spanish.
Ecuador (http://www.sice.oas.org/DISPUTE/COMARB/Ecuador/larbymed.asp). In Spanish.
El Salvador (http://www.elsalvadorleyes.com/blog/?tag=derecho-‐civil) In Spanish.
Egypt (http://www.jus.uio.no/lm/egypt.l_arbitrage.civile.et.commerciale.loi/doc.html) In

French.
Fiji (http://www.paclii.org/fj/legis/consol_act/aa137/)
Finland (www.finlex.fi/fi/laki/kaannokset/1992/en19920967.pdf)
France http://www.legifrance.gouv.fr/Traductions/en-‐English/Legifrance-‐translations. Scroll

down to Code de procdure civile; then go to Livre IV, articles 1442-‐1507. In French.
Germany (http://www.dis-‐arb.de/materialien/) Select "Materials" on the left; click on one of
six languages under "German Arbitration Law 98"
Georgia (Republic of)

(http://www.lexadin.nl/wlg/legis/nofr/oeur/arch/geo/LAWONPRIVATEARBITRATION.pdf)
Gibraltar (http://www.gibraltarlaws.gov.gi/articles/1895-‐10o.pdf)
Guatemala (http://www.sice.oas.org/DISPUTE/COMARB/Guatemala/arbitra1.asp) In Spanish.
Honduras (http://www.alca-‐ftaa.org/busfac/canal_e.asp#Honduras; select Ley de Conciliacion y

Arbitraje) In Spanish.
Hong Kong
(http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/C05151C7
60F783AD482577D900541075?OpenDocument&bt=0)
India (http://www.ficci-‐arbitration.com/htm/acts.pdf)
Indonesia (http://www.arbiter.com.sg/Laws_Rules_Indonesia_Content.html)
Ireland (http://www.irishstatutebook.ie/2010/en/act/pub/0001/index.html)
Israel (http://www.israelinsurancelaw.com/contract-‐laws/arbitration-‐law-‐1968.html)
Italy (http://studiocelentano.it/codici/cpc/codicedpc004_2.htm; scroll down to "Titolo VIII

Dell'Arbitrato Internazionale") In Italian.
Jamaica (http://www.moj.gov.jm/laws/arbitration-‐act)
Japan (http://www.kantei.go.jp/foreign/policy/sihou/law032004_e.html)
Jersey (http://www.jerseylegalinfo.je/Law/LawsInForce/alphabetical.aspx?Alpha=A&Page=3)
Scroll down for links to Arbitration (International Investment Disputes Order 1979 and
Arbitration Law 1998.
Jordan (http://midglobe.com/index.php?option=com_content&task=view&id=45&Itemid=70)
Kenya (http://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ArbitrationAct__No49.pdf)
Kosovo (http://www.assembly-‐kosova.org/common/docs/ligjet/2007_02-‐L75_en.pdf)
Kyrgyz Republic (http://www.libertas-‐institut.com/de/Mittel-‐

Osteuropa/Code%20of%20Arbitration.pdf)
Laos (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwelao.htm#Arbitration%20law; select link

for "Arbitration Law).
Lithuania (http://www3.lrs.lt/c-‐bin/eng/preps2?Condition1=56461&Condition2=)
Macao (http://www.wtc-‐macau.com/arbitration/eng/statute/55_98_m.htm)
Malaysia
1. Arbitration Act of 2005
2. Arbitration (Amendment) Act of 2011

(http://www.federalgazette.agc.gov.my/outputaktap/20110602_A1395_BI_A1395%20B
I.pdf)
Malta (http://www.mac.org.mt/en/Arbitration/Pages/Legislation.aspx)
Mexico (http://www.sice.oas.org/DISPUTE/COMARB/Mexico/codcos.asp) In Spanish.
Moldova (http://www.law-‐moldova.com/laws/rus/treteiskom_sude_ru.txt) In Russian.
Mozambique (http://www.josemigueljudice-‐
arbitration.com/xms/files/02_TEXTOS_ARBITRAGEM/04_Leis_Arbitrais_Nacionais/Lei_Arbitrag
em_Mocambique.pdf) Go to Lei 11/99. In Portuguese.
New Zealand (http://www.legislation.govt.nz) Select "Browse”, then select “Browse titles

beginning with A”, Scroll to Arbitration Act of 1996). Amended by Arbitration Amendment Act
of 2007 (http://legislation.govt.nz/act/public/2007/0094/latest/096be8ed80105bb1.pdf)
Netherlands (http://www.nai-‐
nl.org/downloads/Text%20Dutch%20Code%20Civil%20Procedure.pdf)
Nicaragua
(http://legislacion.asamblea.gob.ni/Normaweb.nsf/($All)/D0489E6135592D16062570A100585
41B?OpenDocument). This site requires free registration. In Spanish.
Nigeria (http://www.nigeria-‐law.org/ArbitrationAndConciliationAct.htm)
Norway (http://www.lovdata.no/dokument/NL/lov/1967-‐06-‐08-‐3) In Norwegian.
Panama (http://www.legalinfo-‐panama.com/legislacion/comercial/dl051999.pdf) Amended

(http://www.oas.org/es/sla/ddi/docs/Panam%C3%A1-‐
Ley%2015%20de%20de%20mayo%20de%202006.pdf) in 2006. In Spanish.
Paraguay (http://www.oas.org/es/sla/ddi/docs/Paraguay-‐
Ley%20de%20Arbitraje%20y%20Mediaci%C3%B3n.pdf)
Peru (http://www.justiciaviva.org.pe/normas/nac01.pdf) In Spanish.
Philippines (http://www.lawphil.net/statutes/repacts/ra1953/ra_876_1953.html)
Portugal (http://arbitragem.pt/legislacao/2011-‐12-‐14-‐-‐lav/lav-‐english.pdf)
Russian Federation
(http://www.jus.uio.no/lm/russia.international.commercial.aribtration.1993)
Scotland (http://www.legislation.gov.uk/asp/2010/1/contents)
Serbia
(http://arbitrations.ru/userfiles/file/Law/Arbitration%20acts/Arbitration_Act_Serbia_MajaStani
vukovic.pdf)
Singapore (http://statutes.agc.gov.sg/aol/browse/titleResults.w3p;letter=A;type=actsAll) Scroll

and select the two arbitration acts
South Africa (http://www.wipo.int/wipolex/e/details.jsp?id=6664) Click on the pdf icon.
South Korea (http://www.gbci.net/south_korea_arbitration.shtml)
Spain (http://noticias.juridicas.com/base_datos/Privado/l60-‐2003.t1.html) -‐ In Spanish; Click on

“Versiones/revisions” for amendments
Spain (http://www.luzmenu.com/cremades/Noticias/102/102.pdf) -‐ In English.
Sri Lanka (http://www.commonlii.org/lk/legis/num_act/aa11o1995183/)
Sweden (http://www.commonlii.org/lk/legis/num_act/aa11o1995183/)
Switzerland (http://www.arbitration-‐ch.org/pages/en/arbitration-‐in-‐
switzerland/index.html#.UvZ7orR91Wh) Scroll down for links in 6 languages.
Thailand (http://www.thailawforum.com/database1/arbitration-‐act.html)
Trinidad and Tobago (http://www.ttparliament.org/legislations/a2004-‐08.pdf)
Tunisia (http://www.jurisitetunisie.com/tunisie/codes/ca/ca1000.htm) In French.
Uganda (http://www.ulii.org/content/arbitration-‐conciliation-‐amendment-‐act)
Ukraine (http://www.ucci.org.ua/en/legalbase/zua944002.html)
United Kingdom (http://www.legislation.gov.uk/ukpga/1996/23/contents)
United States (http://www.law.cornell.edu/uscode/text/9/chapter-‐1)
Venezuela (http://www.sice.oas.org/dispute/comarb/Venezuela/spLarbcoms.a)
Vietnam (http://vietlaw4u.com/vietnam-‐commercial-‐arbitration-‐law-‐542010qh12/)
Zambia (http://www.zamlii.org/zm/legislation/consolidated-‐act/40)
Zimbabwe (https://www.international-‐arbitration-‐attorney.com/wp-‐content/uploads/title-‐
7chapter-‐715-‐previous-‐chapterarbitration-‐actacts-‐61996-‐142002-‐modified-‐by-‐s-‐1-‐208.pdf)
VIII. Commercial Sources

A. Kluwer Arbitration Online (http://www.kluwerarbitration.com)
Kluwer's Internet database covers both primary and secondary resources. Users can elect to
subscribe to some or all the materials. KluwerArbitration.com brings together the documents of
many of the institutions described above, such as the ICC/ICCA, the ICSID, the PCA, and the
WIPO Arbitration and Mediation Center. Searching is free and results in citations, but one needs
a subscription to retrieve the full text of the primary documents.
The Web site is well-‐designed and easy to use. There is a basic search box on the home page
and a link to an advanced search page. The latter lets you search by organization, type of
document (e.g., award, rules, conventions, etc.), author, parties, country, and more.
B. Juris Publishing (http://www.jurispub.com/index.php)
This is another publisher of a great deal of print primary and secondary arbitration material. Its
online content can be found on the Arbitration Law Database (http://arbitrationlaw.com). Like
Kluwer, it offers subscription and free content.
A major treatise published by Juris is the 5-‐volume looseleaf The World Arbitration Reporter,
which also is available digitally. It reports on national arbitration law and practice and on the
rules and practice of major domestic and international institutions. [Mistellis, Loukas; Laurence
Shore; Hans Smit, The World Arbitration Reporter (2d ed.), Juris, 2010.]
(http://www.worldcat.org/title/world-‐arbitration-‐reporter-‐international-‐encyclopaedia-‐of-‐
arbitration-‐law-‐and-‐practice/oclc/606909964&referer=brief_results)
C. Investment Claims (http://www.investmentclaims.com)
Oxford University Press is behind this subscription database that offers primary materials as
well as analysis and commentary on international investment law and arbitration. Content
includes accompanying analysis to each award and decision, bilateral investment treaties,
treaty overviews, journal articles, monographs, and more. The database also has a directory of
arbitrators and legal counsel as well the option to receive free updates via email or RSS feed.
Contact the publisher for price information.
D. WESTLAWNext (https://next.westlaw.com)
WESTLAWNext covers some international arbitration materials. Dates of coverage and
comprehensiveness of the information vary depending the source material. Type arb in the
main search box and a menu will pop up. Click on “arbitration materials,” then scroll down to
“awards and rules – international.”

E. LEXIS Arbitration Databases
LEXIS (http://www.lexis.com)
LEXIS Advance (https://signin.lexisnexis.com/lnaccess/app/signin?aci=la)
Classic LEXIS has comprehensive arbitration coverage. You can identify arbitration files on Lexis
by clicking on the International Arbitration link under “Area of Law -‐ Topics” that appears on
the Lexis.com Legal tab. Many primary and secondary sources are included.
Lexis Advance does not seem to have as much in the way of international commercial
arbitration materials. Click on Browse, then Topics – International Law – Dispute Resolution –
Arbitration and Mediation.
F. WorldTradeLaw.net (http://www.worldtradelaw.net)
This commercial database has two parts. The free portion of the site consists of primary source
documents related to international trade law; a full-‐text search engine for GATT/WTO
decisions; a large collection of links to other sources of information on the web; and a
discussion forum.
Subscribers will get the Dispute Commentary Service, which summarizes and analyzes WTO
Panel and Appellate Body reports and WTO arbitrations. There are also links to the full text.
G. Investment Arbitration Reporter (http://www.iareporter.com/)
This is a service that provides electronic news and analysis of cross-‐border arbitrations between
foreign investors and their host governments. Profiles of arbitrators are also included.
Browsing is free but most items require a subscription. Email alerts are free.

H. PLC Arbitration (http://uslf.practicallaw.com/practice/international-‐arbitration)
Practical Law Company’s International Arbitration Practice Center is a subscription service
aimed at law firm and law department practitioners. It offers articles, checklists, guidances and
other material to those who deal with arbitration law.
The focus of the National Center for Technology and Dispute Resolution (NCTDR)
(http://www.odr.info) is online dispute resolution (ODR). Its web site has links to research
materials, news of events, and a list, with links, of providers of online dispute resolution. It also

I. Additional Resources
Transnational Dispute Management (http://www.transnational-‐dispute-‐management.com/)
aims to function as a newsletter, an in-‐depth review/journal of events, and a primary materials
database. Subscribers will have access to these materials.

The International Bar Association
(http://www.ibanet.org/Publications/publications_IBA_guides_and_free_materials.aspx) offers
guides on conflict of interest in international commercial arbitration and rules on the taking of
evidence.
IX. Blogs and Alerts
For names and links of blogs on arbitration, go to the World Directory of Alternative Dispute
Resolution Blogs (http://adrblogs.com/category/arbitration-‐blogs/).
ArbitralWomen (http://www.arbitralwomen.org/) is a group of professional women from all

over the world who are active in arbitration and alternative dispute resolution internationally.
The web site is about and by ARBITRALWOMEN but is open to everyone both to search for
appropriate and qualified dispute resolution practitioners and to benefit from the ideas and
information offered.
The Kluwer Arbitration Online Web site includes a blog (http://kluwerarbitrationblog.com) that
offers alerts via email.
Juris’ ArbitrationLaw.com also has a blog (http://arbitrationlaw.com/blog) on developments in

alternative dispute resolution.
Lexology (http://www.lexology.com), produced with the Association of Corporate Counsel, is a
web site that offers articles on developments in many areas of the law. They are written and
contributed by practitioners and experts. Once you register, you can select your areas of
interest and receive daily emails announcing and discussing developments in those areas. To
create alerts on arbitration, use the drop-‐down menus on the home page. Select the
jurisdiction, then select “arbitration” from the Work Area menu. You can also enter keywords
or limit the emails to articles from a specific organization. The Lexology alerts have been
extremely useful in alerting me to changes in arbitration entities, rules, and other
developments. However, they do not usually provide links to the resources, such as the actual
text of new arbitration rules or awards that they discuss.

X. Treatises
Born, Gary, International Commercial Arbitration, 3rd ed., Frederick, MD: Wolters
Kluwer/Aspen, 2014 (https://www.worldcat.org/title/international-‐commercial-‐arbitration-‐1-‐
international-‐arbitration-‐agreements/oclc/880137681&referer=brief_results)
Conseil international pour l'arbitrage commercial. Yearbook: Commercial Arbitration,

Deventer, Netherlands: Kluwer. (http://www.worldcat.org/title/yearbook-‐commercial-‐
arbitration/oclc/421817093&referer=brief_results)
Mistelis, Loukas A.; Laurence Shore; Hans Smit, World Arbitration Reporter: International
Encyclopaedia of Arbitration Law and Practice, 2d ed., Huntington, N.Y.: Juris, 2010-‐.
(http://www.worldcat.org/title/world-‐arbitration-‐reporter-‐international-‐encyclopaedia-‐of-‐
arbitration-‐law-‐and-‐practice/oclc/606909964&referer=brief_results)
Kolkey, Daniel M.; Chernick, Richard; Neal, Barbara Reeves, Practitioner’s Handbook on
Arbitration and Mediation, 3d ed., Huntington, N.Y.: Juris Net, 2012.
(https://www.worldcat.org/title/practitioners-‐handbook-‐on-‐international-‐arbitration-‐and-‐
mediation/oclc/785899904&referer=brief_results)
*Gloria Miccioli is a Reference Librarian with Mayer Brown in Washington, D.C. She has
previously worked as Library Manager for Manatt, Phelps & Phillips, as International Librarian
for Jones Day, and as Senior Research Librarian for Williams & Connolly. She is a member of the
Special Libraries Association, the Association of American Law Libraries and the Law Librarians’
Society of Washington, D.C.
e-RG
International
Criminal Law
Gail Partin*

This page was last updated April 1, 2015.

T
expanded. The chapter format of the ERG is designed to be used by
students, teachers, practitioners and researchers as a self-guided tour of relevant,
quality, up-to-date online resources covering important areas of international
law. The ERG also serves as a ready-made teaching tool at graduate and
undergraduate levels.

2


I. Introduction
II. Research Guides, Books, and Information Networks
III. Treaties, Conventions, and Agreements
IV. Courts, Tribunals & Other Adjudicatory Bodies
A. International Court of Justice
B. International Criminal Court
C. Criminal Tribunals
D. Regional Courts
E. National Courts
V. Crime Prevention, Prosecution & Criminal Justice
A. Extradition and Mutual Assistance
B. Law Enforcement
VI. Specific Crimes
A. Human Rights and War Crimes
B. Organized Crime and Narcotics
C. Cyber Crime
D. Environmental Crime
E. Terrorism
VII. Statistical Sources
VIII. Information Clearinghouses & Related Sources
I. Introduction
3


Most legal scholars agree that a recognizable body of international criminal law does exist. However,
the precise parameters of this body of law are often unclear, perhaps due to the rapid and complex
developments of our global society. In its widest context, the source of international criminal law
might be derived from the general principles of international law; and therefore, found in the
customary law accepted by states, the general criminal law recognized by nations, and the treaties
that govern particular conduct.
International criminal law can also be categorized according to whether the conduct in question is
international, constituting an offense against the world community, or whether the act is
transnational, affecting the interests of more than one state. For example, international crime would
encompass acts that threaten world order and security, crimes against humanity and fundamental
human rights, war crimes, and genocide; whereas the transnational crime category would include
drug trafficking, transborder organized criminal activity, counterfeiting, money laundering, financial
crimes, terrorism, and willful damage to the environment.
This chapter provides information on the major electronic sources for researching international and
transnational crime, as well as current issues common to both categories, such as efforts to codify
international crimes, activities aimed at crime prevention, cooperation in law enforcement,
jurisdictional questions, international judicial cooperation, and the effects of bilateral and
multilateral treaties.
II. Research Guides, Books, and Information Networks
This section features a selective list of books and websites that focus primarily on international
criminal law and criminal justice topics. Most of the websites continuously add pertinent
information and update their links to other related sources. Some act as clearinghouses for a wide
variety of information. These features make them excellent places to familiarize yourself with the
range of resources available on the Web, to jump-start your research, or to keep current within the
international criminal law discipline.
The International Crimes Database (ICD)

(http://www.internationalcrimesdatabase.org)
This website, hosted and maintained by the T.M.C. Asser Instituut in The Hague, offers a
comprehensive database on international crimes adjudicated by national, as well as international and
internationalized courts. Cases can be searched by keyword, category, date and case name. In
addition to case law on international crimes, the website incorporates general background
information about international crimes, scholarly as well as news articles, working papers (ICD Briefs)
and relevant links to other useful databases/websites on this topic.

4


Justice Information Center, National Criminal Justice Reference Service (http://www.ncjrs.gov)
This information clearinghouse, an information service of the NCJRS (http://www.ncjrs.gov/), "is

one of the most extensive sources of information on criminal and juvenile justice in the world." It is
divided into sections covering corrections, courts, crime prevention, criminal justice statistics, drugs,
international information, juvenile justice, law enforcement, research and evaluation, victims, and
current highlights.
Electronic Information System for International Law (EISIL) (http://www.eisil.org/)
In June 2003, the American Society of International Law (ASIL) opened for preview a selection of
prototype sections of EISIL: on human rights, economic, environmental and criminal law, as well as
some general international law resources. EISIL links to primary documents, such as treaties and
other international instruments. Additional information is provided on each instrument, including
print citations and relevant dates. EISIL also guides users to the "best sites" for certain topical areas
or kinds of research and provides links to recommended research guides that assist researchers in
exploring their topics of interest more widely. The database is browseable through a broad
framework of subject areas as well as searchable using a targeted search engine.
Books:
• Bassiouni, M C. International Criminal Law: Sources, Subjects, and Contents, Vol. I. 3rd
ed. Leiden, The Netherlands: M. Nijhoff Publishers, 2008.
(http://www.worldcat.org/title/international-criminal-law-volume-1-sources-subjects-and-
contents/oclc/647872683&referer=brief_results).
• Bassiouni, M C. International Criminal Law: Multilateral and Bilateral Enforcement
Mechanisms, Vol. II. 3rd ed. Leiden, The Netherlands: M. Nijhoff Publishers, 2008.
(http://www.worldcat.org/title/international-criminal-law-2-multilateral-and-bilateral-
enforcement-mechanisms/oclc/645286950&referer=brief_results)
• Bassiouni, M C. International Criminal Law: International Enforcement, Vol. III. 3rd ed.
Leiden, The Netherlands: M. Nijhoff Publishers, 2008.
(http://www.worldcat.org/title/international-criminal-law-3-international-
enforcement/oclc/645286960&referer=brief_results)
• Bassiouni, M C. Introduction to International Criminal Law. International and comparative
criminal law series. Ardsley, NY: Transnational Publishers, 2003.
(http://www.worldcat.org/title/introduction-to-international-criminal-
III. Treaties, Conventions, and Agreements
5


There are a wide range of issues encompassed within the discipline of international criminal law.
Most of these areas are governed by some type of agreement or convention, often drafted and then
overseen by an intergovernmental organization. The home pages for locating the treaties of several
international organizations are listed below.
A. United Nations
United Nations Treaty Collection (http://treaties.un.org/Home.aspx)
The United Nations has been the forerunner in undertaking actions to combat international crime
in all of its forms. Major UN treaties and conventions include the UN Charter and conventions on
apartheid, genocide, war crimes and crimes against humanity, torture, narcotic drugs, slavery, the
taking of hostages, aircraft hijacking, and terrorism. Researchers can search for the text of a treaty in
the United Nations Treaty Series (UNTS) (https://treaties.un.org/pages/UNTSOnline.aspx?id=1) or
for unpublished treaties in Recently Deposited Multilateral Treaties
(https://treaties.un.org/pages/DB.aspx?path=DB/titles/page1_en.xml&menu=MTDSG) or for the
status of a treaty in Status of Multilateral Treaties deposited with the Secretary-General
(https://treaties.un.org/pages/ParticipationStatus.aspx).
B. Council of Europe
Council of Europe: European Treaties (http://conventions.coe.int)
Provides the text of the Statute of the Council of Europe, as well as signatures and ratifications. A
Complete list of the Council of Europe's Treaties
(http://conventions.coe.int/Treaty/Commun/ListeTraites.asp?CM=8&CL=ENG) is arranged
chronologically by ETS number. Selected treaties covering Human Rights and Penal Law are
highlighted below:
Human Rights
• Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
• European Convention for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (ETS No. 126).
Penal Law
• European Convention on Extradition (ETS No. 24) signed on 13 December 1957, entered
into force on 18 April 1960.
o Additional Protocol to the European Convention on Extradition (ETS No. 86)
opened for signature on 15 October 1975, entered into force on 20 August 1979.
o Second Additional Protocol to the European Convention on Extradition (ETS No.
6


98) opened for signature on 17 March 1978, entered into force on 5 June 1983.
• European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) signed on
20 April 1959, entered into force on 12 June 1962.
o Additional Protocol to the European Convention on Mutual Assistance in Criminal
Matters (ETS No. 99) opened for signature on 17 March 1978, entered into force on
12 April 1982.
o Second Additional Protocol to the European Convention on Mutual Assistance in
Criminal Matters (ETS No. 182) opened for signature on 8 November 2001, not yet
entered into force.
• European Convention on the International Validity of Criminal Judgments (ETS No. 70)
signed on 28 May 1970, entered into force on 26 July 1974.
• European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73)
signed on 15 May 1972, entered into force on 30 March 1978.
• European Convention on the Non-Applicability of Statutory Limitation to Crimes against

Humanity and War Crimes (ETS No. 82) signed on 25 January 1974, entered into force on
27 June 2003.
• European Convention on the Suppression of Terrorism (ETS No. 90) signed on 27 January
1977, entered into force on 4 August 1978.
• Convention on the Transfer of Sentenced Persons (ETS No. 112) signed on 21 March 1983,
entered into force on 1 July 1985.
• Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime
(ETS No. 141) signed on 8 November 1990, entered into force on 1 September 1993.
• Criminal Law Convention on Corruption (ETS No. 173) signed on 27 January 1999,
o Additional Protocol to the Criminal Law Convention on Corruption (ETS No.
191) signed on 15 May 2003, entered into force on 1 February 2005.
• Convention on Cybercrime (ETS No. 185) signed on 23 November 2001, entered into force
on 1 July 2004.
o Additional Protocol to the Convention on cybercrime, concerning the
7


criminalisation of acts of a racist and xenophobic nature committed through
computer systems (ETS No. 189) signed on 28 January 2003, entered into force on
1 March 2006.
• Council of Europe Convention on the Prevention of Terrorism (ETS No. 196) signed on
16 May 2005, entered into force on 1 June 2007.
• Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the

Proceeds from Crime and on the Financing of Terrorism (ETS No. 198) signed on 16 May
2005, entered into force on 1 May 2008.
Conventions not yet entered into force:
• Convention on the Protection of the Environment through Criminal Law (ETS No. 172)
signed on 4 November 1998.
• Protocol amending the European Convention on the Suppression of Terrorism (ETS No.
190) signed on 15 May 2003.
C. European Union
European Union Website (http://europa.eu)
This is an umbrella site for all of the Union's institutions and organizations. It includes the text of
EU founding treaties, policies, institutional documents, press releases and gateways to CELEX and
SCAD, which index EU documents, reports and articles.
D. Organization of American States
Organization of American States (OAS) (http://www.oas.org)
The Inter-American Treaties database is an extensive collection of OAS treaties and agreements,
including ratification and status information. Treaties can be searched by subject or year. The
database can be reached via the OAS home page by clicking on Documents, then Treaties and
Agreements.
E. Other Treaty Resources
The Multilaterals Project at the Fletcher School of Law & Diplomacy (http://fletcher.archive.tusm-‐
oit.org/multilaterals/)
This was an ongoing project to make the full text of international conventions and other instruments
available electronically. It is now archived and no longer being updated. However, the historical
8


content, dating back to 1648, included a selective list of treaties that can be searched by subject or
chronologically. It also provides an array of links to other collections of international law
(http://fletcher.archive.tusm-oit.org/multilaterals/secretariatslinks.html) that might yield relevant
treaties.
IV. Courts, Tribunals, and Other Adjudicatory Bodies
A. International Court of Justice
International Court of Justice (ICJ) (http://www.icj-cij.org)
All ICJ judgments delivered since its inception in 1946 are listed, along with information on the
background of the Court, its current docket, procedures, jurisdiction, and rules. Recent cases
pertaining to international criminal law include the Aerial Incident at Lockerbie and the Application
of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v.
Yugoslavia). A complete set of ICJ decisions is available electronically in the INT-ICJ database on
WESTLAW, which is a fee-based service.
B. International Criminal Court
After 50 years of discussion and documentation on the need for an international criminal court, the
Rome Statute of the International Criminal Court (http://www.icc-
cpi.int/en_menus/icc/legal%20texts%20and%20tools/official%20journal/Pages/rome%20statute.as
px) was adopted on 17 July 1998 and entered into force on 1 July 2002, establishing "an
independent permanent International Criminal Court in relationship with the United Nations
system, with jurisdiction over the most serious crimes of concern to the international community as
a whole."
International Criminal Court (ICC) (http://www.icc-cpi.int/)
This is the Court's official web site, available in English or French. It includes pages for the four
organs of the Court: the Presidency, the Chambers, the Office of the Prosecutor, and the Registry, as
well as information on victims’ issues, witness protection, the Defense, and the State Parties. The
Legal Texts and Tools section (http://www.icc-
cpi.int/en_menus/icc/legal%20texts%20and%20tools/Pages/legal%20tools.aspx) provides the text of
the Rome Statute, Rules of Procedure and Evidence, Elements of Crimes, and other legal
instruments of the Court. The records of the Assembly of States Parties are available on the official
Assembly of States Parties (http://www.icc-cpi.int/en_menus/asp/Pages/asp_home.aspx) web page.
Review Conference of the Rome Statute (http://www.icc-

cpi.int/en_menus/asp/reviewconference/Pages/review%20conference.aspx)
9


On 11 June 2010, the Review Conference of the Rome Statute concluded in Kampala, Uganda.
The Conference adopted a resolution which amended the Rome Statute to include a definition of
the crime of aggression and the conditions under which the Court could exercise jurisdiction with
respect to the crime. "The Conference based the definition of the crime of aggression on United
Nations General Assembly Resolution 3314 (XXIX) of 14 December 1974, and in this context
agreed to qualify as aggression, a crime committed by a political or military leader which, by its
character, gravity and scale constituted a manifest violation of the Charter." Official and working
documents can be found on the Conference's Crimes of Aggression web page, which also includes a
link to relevant working documents from previous Assembly of States Parties sessions.
The Conference also adopted a resolution that amended Article 8 of the Rome Statute "to bring
under the jurisdiction of the Court the war crime of employing certain poisonous weapons and
expanding bullets, asphyxiating or poisonous gases, and all analogous liquids, materials and devices,
when committed in armed conflicts not of an international character." It also adopted a resolution
to retain and review Article 124 again during the fourteenth session of the Assembly of States Parties
in 2015. Article 124 allows new States Parties "to opt for excluding from the Court’s jurisdiction
war crimes allegedly committed by its nationals or on its territory for a period of seven years."
Reports and documents detailing these amendments can be found on the Conference's Resolutions
and Declarations and Summaries and Reports pages.
Assembly of States Parties to the Rome Statute of the International Criminal Court (ASP)
(http://www.icc-cpi.int/en_menus/asp/assembly/Pages/assembly.aspx)
The Assembly of States Parties (ASP), created by the Rome Statute, continues the work of the Rome
Conference in establishing the Court. This web site tracks activities and proceedings of the ASP and
provides links to documentation and reports. The site is available in English or French and includes
webcasts of some activities.
The following sites will provide a full picture of the issues and debates surrounding the creation of
the International Criminal Court.
Website of the Rome Statute of the International Criminal Court

(http://www.un.org/law/icc/index.html)
At this UN web site, historical documentation (covering the period ending on 31 December 2003) is
available covering the adoption of the Rome Statue of the International Criminal Court, and the
establishment of the Court . Proceedings are available for the Ad Hoc Committee for the
Establishment of an International Criminal Court; the Preparatory Commission for the
International Criminal Court; and the United Nations Diplomatic Conference of Plenipotentiaries
on the Establishment of an International Criminal Court. Maintained by the Codification Division
of the UN Office of Legal Affairs, this site provides links to most of the official documents relating
10


to the formation of the ICC, including the:
● Rome Statute (http://www.un.org/law/icc/index.html)
● Final Act (http://legal.un.org/icc/statute/finalfra.htm)
●Preparatory Commission for the International Criminal Court

(http://www.un.org/law/icc/index.html)
The Preparatory Commission for the Establishment of an International Criminal Court was
established by Resolution F of the Final Act of the United Nations Diplomatic Conference of
Plenipotentiaries on the Establishment of an International Criminal Court, which adopted the
Rome Statute of the International Criminal Court on 17 July 1998. This site, maintained by the
UN Office of Legal Affairs, contains selected documents issued since the first session of the
Preparatory Commission. In particular, the Proceedings of the Preparatory Commission at its First
Session and the Report of the Second Session of the Preparatory Commission for the International
Criminal Court discuss proposed Rules of Procedure and Evidence, rules governing appeals,
procedures governing Investigation and Prosecution, rules relating to Organization and Composition
of the Court, and Elements of Crimes. Documents and work plans are available for every session
leading up to adoption of the final act.
United Nations Conference of Plenipotentiaries on the Establishment of an ICC

http://legal.un.org/icc/rome/proceedings/contents.htm)
This official UN website for the establishment of the International Criminal Court provides an
historical narrative tracing the work of the International Law Commission towards the establishment
of the International Criminal Court. It links to official records of the International Law
Commission, the UN Diplomatic Conference and to related bodies involved in preparations for the
final conference establishing the Rome Statute. The link to the official records of the Diplomatic
(Rome) Conferences provide all official documentation of the various conference activities, reports,
and working papers. Among other things, the Final Act of the Conference (A/CONF.183/10)
established the Preparatory Commission for the International Criminal Court to "prepare proposals
for practical arrangements for the establishment and coming into operation of the Court."
International Law Commission (http://www.un.org/law/ilc/index.htm)
As early as 1947, the General Assembly requested the International Law Commission to formulate a
Draft Code of Crimes Against the Peace and Security of Mankind.
(http://legal.un.org/ilc/summaries/7_3.htm) Included here is the text of the 1996 Draft Code with
commentary, an abstract, an analytical guide, and the 1954 Draft Code. The full text of the original
1996 Report of the Law Commission is also available (http://legal.un.org/ilc/summaries/7_4.htm)
The final text was adopted by the Commission on 5 July 1996, and forwarded to the General
11


Assembly for consideration.
Coalition for an International Criminal Court (CICC) (http://www.iccnow.org/)
This is the primary NGO provider of online information about the permanent International
Criminal Court. It includes several levels of information, some of which are:
• Country Information (http://www.iccnow.org/?mod=world): an overview of progress toward

ratification and implementation in countries around the world, including the Rome Statute
Signature and Ratification Chart (http://www.iccnow.org/?mod=romesignatures)
• Reports & Declarations (http://www.iccnow.org/?mod=reportsdeclarations) from national
and regional conferences, seminars, and workshops on the International Criminal Court.
• Resources & Tools (http://www.iccnow.org/?mod=tools): books and statements from
organizations and governments involved in the ratification process, and a Bibliography
section (http://www.iccnow.org/?mod=bibliography) of academic articles and other basic
information about the International Criminal Court and the Rome Statute.
• Publications (http://www.iccnow.org/?mod=publications) Some titles include:
o ICC Monitor (http://www.iccnow.org/index.php?mod=monitor), the Coalition's
quarterly newspaper since 1996, reproduced in PDF format.
o ICC Update (http://www.iccnow.org/index.php?mod=iccupdate), a monthly bulletin
of ICC news worldwide, distributed electronically, by fax and in printed editions.
Coverage: January 2000 through July 2004.
o Insight on the ICC, (http://www.iccnow.org/index.php?mod=insight) a quarterly
newsletter focused on developments in The Hague. Coverage: April 2004 through
July 2006.
o Europe Update (http://www.iccnow.org/index.php?mod=euronewsletter), a regional
edition of the Update, providing in depth coverage of the latest developments in
Europe.
o Agenda CPI (http://www.iccnow.org/index.php?mod=agendacpi), a regional edition
of the Update, providing up-to-date coverage of issues concerning the ICC in Ibero-
America. Coverage: May 2001 through November 2007.
o Africa Update, (http://www.iccnow.org/index.php?mod=iccafrica) a quarterly
(previously bi-monthly) newsletter focused on ICC developments in relation to
Africa.
• Press Room (http://www.iccnow.org/index.php?mod=pressroom): CICC media statements,
member statements, and fact sheets.
• Documents (http://www.iccnow.org/?mod=documents): provides all of the documents,
articles, reports, statements, and press releases that concern the ICC. Specific sections
include: CICC Publications, Core Texts, Official Documents, an Archive of All Documents,
and ICC, NGO, and UN papers, reports, and statements.
12


US Senate Committee on Foreign Relations. Committee Hearings, 105th Congress
(http://www.access.gpo.gov/congress/senate/senate11sh105.html)
On July 23, 1998, the United States Senate Foreign Relations Committee conducted hearings on
the establishment of the International Criminal Court and the U.S. role in the process. Senate
Hearing 105-724, entitled Is a U.N. International Criminal Court in the U.S. National Interest?,
included testimony from David J. Scheffer, Ambassador-At-Large for War Crimes Issues, John R.
Bolton, Former Assistant Secretary of State for International Organization Affairs, attorney Lee A.
Casey, Professor Michael P. Scharf, along with statements submitted by The Lawyers Committee for
Human Rights and Human Rights Watch.
American Society of International Law (ASIL) (http://www.asil.org)
ASIL actively pursues and publishes information pertaining to the International Criminal Court.
The ASIL Newsletter (http://www.asil.org/resources/asil-‐newsletter) routinely includes pieces
relating to the Court. Selected articles from the American Journal of International Law can be
retrieved via a site search. ASIL Insights (http://www.asil.org/insights) are brief essays on current
topics by international law experts. Insights are not designed to argue a position, but rather to
inform decision-makers and the public of the relevance of international law to current events. Some
notable pieces are:
• The Crime of Aggression: Adding a Definition to the Rome Statute of the ICC, by Anja
Seibert-Fohr, November 18, 2008.
• U.S. Policy Toward the International Criminal Court: Furthering Positive Engagement.
Report of an independent Task Force convened by the American Society of International
Law. (http://www.amicc.org/docs/ASIL%20ICC%20Report.pdf) In March 2009, ASIL's
ICC Task Force released a Statement of Policy Recommendations advocating that the
President of the United States announce a policy of positive engagement with the Court.
The First Review Conference of the Rome Statute of the International Criminal Court, by
David Kaye, May 14, 2010.
• Special Elections to Fill Vacancies on the International Court of Justice, by Natalya Scimeca,
June 11, 2010.
• States Parties Approve New Crimes for International Criminal Court, by David Scheffer,
June 22, 2010.
• The ICC and Palestinian Consent, by John Cerone, March 20,2015.
Books:
• Bassiouni, M C. The Legislative History of the International Criminal Court. International

and comparative criminal law series. Ardsley, N.Y: Transnational Publishers, 2005.
(http://www.worldcat.org/title/legislative-history-of-the-international-criminal-
13


court/oclc/57041994&referer=brief_results)
• Lee, Roy S. and Hakan Friman, et.al. The International Criminal Court: Elements of
Crimes and Rules of Procedure and Evidence. Ardsley, NY : Transnational Publishers, 2001.
(http://www.worldcat.org/title/international-criminal-court-elements-of-crimes-and-rules-of-
procedure-and-evidence/oclc/47444007&referer=brief_results)
• Lee, Roy S., et.al. The International Criminal Court : the Making of the Rome Statute--
Issues, Negotiations, Results. The Hague: Kluwer Law International, 1999.
(http://www.worldcat.org/title/international-criminal-court-the-making-of-the-rome-statute-
issues-negotiations-results/oclc/41991408&referer=brief_results)
• Bassiouni, M C. The Statute of the International Criminal Court: A Documentary History.
Ardsley, N.Y: Transnational Publishers, 1998. (http://www.worldcat.org/title/statute-of-the-
international-criminal-court-a-documentary-history/oclc/474526616?referer=di&ht=edition)
Human Rights Watch (http://www.hrw.org/)
This site features Human Rights Watch Action Alerts, press releases, documents, and news
concerning the Rome Conference and the workings of the international criminal court.
The American Non-Governmental Organizations Coalition for the International Criminal Court
(AMICC) (http://www.amicc.org)
AMICC is a coalition of U.S. non-governmental organizations that are committed to achieving full
U.S. ratification and support for the ICC. This site is a comprehensive repository of documents and
information about the U.S. and the ICC, including news, background and policy analysis.
Amnesty International Campaign for a Permanent International Criminal Court

(http://www.amnestyusa.org/our-work/issues/international-justice/international-criminal-court)
This particular page maintains links to Amnesty International updates, reports and fact sheets
concerning the ICC.
C. Criminal Tribunals
1. Special Tribunal for Lebanon
"On 13 December 2005, the Government of the Republic of Lebanon requested the United Nations
to establish a tribunal of an international character to try all those who are alleged responsible for the
attack of 14 February 2005 in Beirut that killed the former Lebanese Prime Minister Rafiq Hariri
and 22 others. Pursuant to Security Council resolution 1664 (2006), the United Nations and the
Lebanese Republic negotiated an agreement on the establishment of the Special Tribunal for
Lebanon. Further to Security Council resolution 1757(2007) of 30 May 2007, the provisions of the
document annexed to it and the Statute of the Special Tribunal there to attached, entered into force
14


on 10 June 2007. "
Special Tribunal for Lebanon (http://www.stl-tsl.org/en)
This is the official website for the Tribunal and includes information about the various chambers
and judges that comprise the court, the prosecutor's office and the offices of the defence. Founding
documents, such as the Tribunal Statute, applicable Lebanese law, Security Council documents and
court rules are provided on the Documents page. The Cases page contains all public documents
(such as indictments, judgments and transcripts) from all the cases of the tribunal in either English
and/or French.
ASIL Insights (http://www.asil.org/insights)
ASIL Insights are brief essays on current topics by international law experts. Insights are not
designed to argue a position, but rather to inform decision-makers and the public of the relevance of
international law to current events.
• Special Tribunal for Lebanon Issues Landmark Ruling on Definition of Terrorism and
Modes of Participation by Michael P. Scharf, March 4, 2011.
• Special Tribunal for Lebanon: the First Orders by the Pre-Trial Judge by Antonios
Tzanakopoulos. August 2009.
2. The Extraordinary Chambers of the Courts of Cambodia (ECCC)
The Khmer Rouge regime took power on 17 April 1975 and was overthrown on 7 January 1979.
Perhaps up to three million people perished during this period of 3 years, 8 months and 20 days.
The end of Khmer Rouge period was followed by a civil war. That war finally ended in 1998, when
the Khmer Rouge political and military structures were dismantled. In 1997 the government
requested the United Nations (UN) to assist in establishing a trial to prosecute the senior leaders of
the Khmer Rouge. In 2001 the Cambodian National Assembly passed a law to create the
Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed
during the Period of Democratic Kampuchea (Extraordinary Chambers or ECCC) to try serious
crimes committed during the Khmer Rouge regime 1975-1979. Cambodia invited international
participation due to the weakness of the Cambodian legal system and the international nature of the
crimes, and to help in meeting international standards of justice. An agreement with the UN was
ultimately reached in June 2003 detailing how the international community will assist and
participate in the Extraordinary Chambers.
Official Web Site for the Extraordinary Chambers of the Courts of Cambodia
(http://www.eccc.gov.kh/en/)
This website for the ECCC contains a wealth of information about the Court and its operations.
15


Agreements between the U.N. and Cambodia are provided, along with Cambodian implementing
legislation. The organs of the Court (judicial chambers, prosecution, defense and victim support)
and rules and regulations are thoroughly explained and documented. Transcripts of case
proceedings can be downloaded in PDF format. A helpful Chronology details the major events that
took place from 21 June 1997 when Cambodia requested United Nations assistance in organizing
the process for the Khmer Rouge trials until early 2006 when the Extraordinary Chambers in the
Courts of Cambodia were formally established.
UNARKT - United Nations Assistance to the Khmer Rouge Trials (http://www.unakrt-online.org)
UNAKRT provides technical assistance to the Extraordinary Chambers in the Courts of Cambodia
(ECCC), a domestic court supported with international staff, established in accordance with
Cambodian law. The subject-matter jurisdiction of the Extraordinary Chambers shall be the crime of
genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of
Genocide, crimes against humanity as defined in the 1998 Rome Statute of the International
Criminal Court and grave breaches of the 1949 Geneva Conventions and such other crimes as
defined in Chapter II of the Law on the Establishment of the Extraordinary Chambers as
promulgated on 10 August 2001. The site includes a Documents page that provides relevant General
Assembly Resolutions, Reports of the Secretary General, and other U.N. documents.
• Closing in on the Khmer Rouge: the Closing Order in Case 002 Before the Extraordinary
Chambers in the Courts of Cambodia by Beth Van Schaack. October 2010.
3. Special Court for Sierra Leone (SCSL)
The Special Court for Sierra Leone was established jointly by the Government of Sierra Leone and
the United Nations to handle serious violations of international humanitarian law and Sierra
Leonean law committed in Sierra Leone since 30 November 1996. On August 14, 2000, the UN
Security Council adopted Resolution 1315 requesting the UN Secretary General to start
negotiations to create a Special Court. The Residual Special Court for Sierra Leone was established
to oversee the continuing legal obligations of the Special Court after its closure in 2013.
Residual Special Court for Sierra Leone (RSCSL) (http://www.rscsl.org/)
This official web site includes and significantly expands the information contained in the original
Special Court website. It includes information on the SCSL such as indictments, decisions, and
16


transcripts of cases and a Documents which page includes links to the basic founding documents,
practice directions, and directives of the Court. The RSCSL pages include basic documents,
decisions, and information of the official mandate.
Agreement between the United Nations and the Government of Sierra Leone on the Establishment
of the Special Court for Sierra Leone (http://www.rscsl.org/Documents/scsl-agreement.pdf)
On 16 January 2002, an agreement establishing the Special Court was signed between the
Government of Sierra Leone and the United Nations. The Statute of the Special Court for Sierra
Leone (http://www.rscsl.org/Documents/scsl-statute.pdf) was annexed to this Agreement.
international law to current events. Some notable pieces are:
• Charles Taylor and the Special Court for Sierra Leone by Mark A. Drumbl. April 2006.
• Prosecutor v. Brima, Kamara, and Kanu: First Judgment from the Appeals Chamber of the
Special Court for Sierra Leone by Charles C. Jalloh and Janewa Osei-Tutu. May 2008.
Berkeley War Crimes Studies Center: Sierra Leone Field Reports (http://wcsc.berkeley.edu/sierra-
leone/)
In June 2004, the Berkeley War Crimes Studies Center established a permanent monitoring
program in Freetown to report on and evaluate the work of the Special Court. This site includes
several reports regarding the establishment and operation of the Court.
4. International Criminal Tribunal for the former Yugoslavia (ICTY)
In 1993, Security Council Resolution 827

(http://www1.umn.edu/humanrts/icty/resolution28.html) established an international tribunal for
"prosecuting persons responsible for serious violations of international humanitarian law in
...Yugoslavia." The updated Statute of the International Criminal Tribunal for the former Yugoslavia
(http://www.icty.org/x/file/Legal%20Library/Statute/statute_sept08_en.pdf) can be found at the
Tribunal's official website (http://www.icty.org). The General Framework Agreement for Peace in
Bosnia and Herzegovina, known as the Dayton Peace Accords, and related documents are available
from the Office of the High Representative (http://www.ohr.int) or the University of Minnesota
Human Rights Library (http://www1.umn.edu/humanrts/icty/dayton/daytonaccord.html).
International Criminal Tribunal for the former Yugoslavia (ICTY) (http://www.icty.org/)
This is the official UN website for the ICTY and includes a database of Cases & Judgments
17


(http://www.icty.org/action/cases/4) including the full text of indictments, decisions, orders, and
proceedings searchable by name and case number. The Legal Library section
(http://www.icty.org/sections/LegalLibrary) includes the updated statute, related resolutions, rules of
procedure and evidence, documents establishing the Tribunal, background information, regulations,
and other miscellaneous documents. Also included are sections for Reports and Publications
(http://www.icty.org/sections/AbouttheICTY/ReportsandPublications) which provide annual
reports, newsletters, and progress assessments. Video & audio feeds to each of the three court rooms
are also available.
The WESTLAW database, INT-ICTY (International Criminal Tribunal for the Former Yugoslavia),
includes documents (judgments, decisions, orders, and indictments) issued by the International
Criminal Tribunal for the Former Yugoslavia. This is a fee-based database, not available to all
subscribers.
• Prosecutor v. Ramush Haradinaj et al.: The International Criminal Tribunal for the Former
Yugoslavia and the Threshold of Non-International Armed Conflict in International
Humanitarian Law by Anthony Cullen and Marko Divac Öberg. April 2008.
• Ten Years After the War in Kosovo: International Law, Kosovo and the International
Criminal Tribunal for the Former Yugoslavia, by Linda Strite Murnane. June 10, 2009.
• ICTY Special Chamber Decision In the Case Against Florence Hartman, by Benjamin E.
Brockman-Hawe, October 9, 2009.
Books:
• Bassiouni, M C, and Peter Manikas. The Law of the International Criminal Tribunal for the
Former Yugoslavia. Irvington-on-Hudson, N.Y: Transnational Publishers, 1996.
(http://www.worldcat.org/title/law-of-the-international-criminal-tribunal-for-the-former-
yugoslavia/oclc/33818744&referer=brief_results)
International Criminal Tribunals (University of Minnesota)

(http://www1.umn.edu/humanrts/links/intrib.html)
An extensive collection of links to basic documents, media outlets, and other sources relating to all
aspects of the Yugoslavian and Rwandan crises.
5. International Criminal Tribunal for Rwanda (ICTR)
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International Criminal Tribunal for Rwanda (United Nations) (http://www.ictr.org/)
Recognizing that serious violations of humanitarian law were committed in Rwanda, UN Security
Council Resolution 955 established the ICTR to prosecute serious violations of international
humanitarian law committed between 1 January 1994 and 31 December 1994. This is the official
UN website for the ICTR. The link to ICTR Basic Documents and Case Law is a fully-searchable
collection of all documents pertaining to the ICTR. The Status of Cases page includes the text of all
closed and pending actions before the ICTR, the Legal page includes links to the ICTR statute,
Rules of Procedure and Evidence, Security Council resolutions, while other pages provide press
releases, listings of indictments, and hearing transcripts.
The WESTLAW database, INT-ICTR (International Criminal Tribunal for Rwanda), includes all
documents (judgments, decisions, orders, and indictments) issued by the International Criminal
• The ICTR Appeals Chamber Judgment in Prosecutor v. Seromba by Gregory Townsend.

August 2008.
• The Arrest of ICTR Defense Counsel Peter Erlinder in Rwanda by Kate Gibson, August 11,
2010.
• Epilogue to Hotel Rwanda by Gregory Townsend, December 7, 2011.
International Criminal Tribunals (University of Minnesota)

(http://www1.umn.edu/humanrts/links/intrib.html)
An extensive collection of links to basic documents, media outlets, and other sources relating to all
aspects of the Yugoslavian and Rwandan crises.
6. Nuremberg & Tokyo War Crimes Trials
Nuremberg War Crimes Trials (http://avalon.law.yale.edu/subject_menus/imt.asp)
The Avalon Project at the Yale Law School electronically published the Trial of the Major War
Criminals before the International Military Tribunal: Proceedings Volumes and Nazi Conspiracy
and Aggression as well as key documents relating to the trials.
Nuremberg Trials Project (http://nuremberg.law.harvard.edu/)
The Harvard Law School Library has approximately one million pages of documents relating to the
19


trial of military and political leaders of Nazi Germany before the International Military Tribunal
(IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg
Military Tribunals (NMT). The documents include trial transcripts, briefs, document books,
evidence files, and other papers which have been digitized and made available, along with analytical
information and search capabilities.
Web Genocide Documentation Centre

(http://www.phdn.org/archives/www.ess.uwe.ac.uk/index.html)
Reproduces the original texts of United Nations War Crimes Commission documents,
predominantly taken from the Law-Reports of Trials of War Criminals and History of the United
Nations War Crimes Commission and the Development of the Laws of War.
D. Regional Courts
European Court of Human Rights (http://www.echr.coe.int)
Due to an increasing caseload, a full-time European Court of Human Rights was restructured and
began operations in November 1998. This restructuring eliminated the Commission of Human
Rights. Reports and decisions prior to the cessation of Commission activities in October 1999 can
be located on the HUDOC database.
European Court of Justice (http://curia.europa.eu/jcms/jcms/j_6/)
Inter-American Court of Human Rights (http://www1.umn.edu/humanrts/iachr/iachr.html)
Inter-American Commission on Human Rights

(http://www1.umn.edu/humanrts/cases/commissn.htm)
Both Inter-American sites are maintained by the University of Minnesota Human Rights Library.
E. National Courts
Many international criminal law issues fall within the jurisdiction of national courts, so researchers
will find relevant information by searching for cases within the individual judicial systems of specific
countries. Several websites offer thorough coverage of the countries of the world. Note, however,
that not all countries provide electronic access to their judicial documents.
Lexadin World Law Guide (http://www.lexadin.nl/wlg/courts/nofr/courts.htm) Provides direct links

to courts and judicial decisions in over 40 countries.
The following sites provide an eclectic array of links to all countries in the world:
● Findlaw (http://corporate.findlaw.com/law-library/international-law/)
20


● Hieros Gamos (http://www.hg.org/index.html)
● World Legal Information Institute (http://worldlii.org/)
V. Crime Prevention, Prosecution and Criminal Justice
The very nature of international and transnational crime makes the prevention and prosecution of
these crimes multi-dimensional and quite complex. Once a suspected criminal is apprehended
questions immediately arise regarding jurisdiction, prisoner transfer, extradition, and various
procedural issues requiring mutual assistance among nations. Precise mechanisms governing these
issues are not always in place. When there are mechanisms, they can take the form of multilateral
conventions, bilateral treaties, or letters of agreement negotiated on a case by case basis.
Books:
• Bassiouni, M C. International Criminal Law: Multilateral and Bilateral Enforcement

Mechanisms, Vol. II. 3rd ed. Leiden, The Netherlands: M. Nijhoff Publishers, 2008.
• Bassiouni, M C. International Criminal Law: International Enforcement, Vol. III. 3rd ed.
Leiden, The Netherlands: M. Nijhoff Publishers, 2008.
• Bassiouni, M C. International Criminal Law Conventions and Their Penal Provisions.
Irvington-on-Hudson, N.Y: Transnational Publishers, 1997.
(http://www.worldcat.org/title/international-criminal-law-conventions-and-their-penal-
provisions/oclc/37154838&referer=brief_results)
UN Office on Drugs and Crime (http://www.unodc.org)
The UNODC is the office responsible for activities related to crime prevention, criminal justice and
criminal law reform. It focuses on combating transnational organized crime, corruption, and illicit
trafficking in human beings. The Office's primary efforts are on formulating and monitoring
internationally accepted standards and norms. The Criminal Justice Standards and Norms
(http://www.unodc.org/unodc/en/justice-and-prison-reform/compendium.html) brings together all
existing United Nations standards and norms on this subject. The website also contains United
Nations Commission on Crime Prevention and Criminal Justice documents
(http://www.unodc.org/unodc/en/commissions/CCPCJ/index.html) and the materials related to the
UN Congresses on the Prevention of Crime and the Treatment of Offenders
(http://www.unodc.org/congress/), including extensive documentation for the 13th Congress in
21


Doha, April 12-19, 2015 and previous congresses. Data sets for the UN Surveys of Crime Trends
and Operations of Criminal Justice Systems (http://www.unodc.org/unodc/en/data-and-
analysis/United-Nations-Surveys-on-Crime-Trends-and-the-Operations-of-Criminal-Justice-
Systems.html) as well as other studies on new and emerging forms of crime are also available.
International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLRCJP)
(http://www.icclr.law.ubc.ca/)
The Centre, located at the University of British Columbia, is a joint venture with the International
Society for the Reform of Criminal Law (http://www.isrcl.org/). This site includes the Centre's
papers and reports on aboriginal justice, the common curriculum, domestic violence, economic and
organized crime, environment, the ICC, juvenile justice, peacekeeping, and sentencing.
A. Extradition and Mutual Assistance
Model Treaty on Extradition (http://www.uncjin.org/Standards/Rules/r17/r17.html)
This model treaty was adopted by the Eighth UN Crime Congress, August 27-September 7, 1990.
Extradition treaties are usually bilateral agreements between specific countries. Searching the official
government websites of the parties to the extradition treaty may provide links to these documents.
Books:
• Bassiouni, M C. International Extradition: United States Law and Practice. 5th ed. Dobbs
Ferry, NY: Oceana, 2007. (http://www.worldcat.org/title/international-extradition-united-
states-law-and-practice/oclc/254157300?referer=br&ht=edition)
Cooperation in criminal matters throughout Europe is facilitated by treaties and agreements

negotiated under the auspices of the Council of Europe and the European Union.
Council of Europe Treaties (http://conventions.coe.int)
European Convention on Extradition (ETS No. 24) signed on 13 December 1957, entered into
force on 18 April 1960.
• Additional Protocol to the European Convention on Extradition (ETS No. 86) opened for
signature on 15 October 1975, entered into force on 20 August 1979.
• Second Additional Protocol to the European Convention on Extradition (ETS No. 98)
opened for signature on 17 March 1978, entered into force on 5 June 1983.
European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) signed on 20 April
1959, entered into force on 12 June 1962.
• Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters
22


(ETS No. 99) opened for signature on 17 March 1978, entered into force on 12 April 1982.
• Second Additional Protocol to the European Convention on Mutual Assistance in Criminal
Matters (ETS No. 182) opened for signature on 8 November 2001, entered into force 1
February 2004.
European Convention on the International Validity of Criminal Judgments (ETS No. 70) signed on
28 May 1970, entered into force on 26 July 1974.
European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73) signed on
15 May 1972, entered into force on 30 March 1978.
Convention on the Transfer of Sentenced Persons (ETS No. 112) signed on 21 March 1983,
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No.
141) signed on 8 November 1990, entered into force on 1 September 1993.
Organization of American States (OAS) (http://www.oas.org)
The Inter-American Treaties database is an extensive collection of OAS treaties and agreements,
including ratification and status information. The database can be reached via the OAS home page
by clicking on Documents, then Treaties and Agreements. The text of treaties dealing with
extradition and mutual assistance can be found under the subject Judicial Cooperation. Some
relevant agreements include:
• Inter-American Convention on Extradition (B-47)

• Inter-American Convention on Mutual Assistance in Criminal Matters (A-55), and Optional
Protocol (A-59)
• Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral
Awards (B-41)
• Inter-American Convention on the Taking of Evidence Abroad (B-37), and Additional
Protocol (B-51)
B. Law Enforcement
International Criminal Police Organisation (INTERPOL) (http://www.interpol.int)
The idea of forming an international police organization had its roots in discussions held as early as
1914. In 1923, the International Criminal Police Organization was created, and later, in 1956,
evolved into the modern organization known as INTERPOL. This website offers detailed
explanations of Interpol's administrative structure and basic principles, including the activities of
Interpol's General Assembly. The Legal Materials section includes Interpol's constitution,
23


regulations, reports, resolutions, and cooperative agreements. Other sections contain information
and legislation concerning crimes against children, stolen works of art, drugs, payment (debit) cards,
forensic identification, vehicle crime, and terrorism. The site also features descriptive lists and
pictures of wanted criminals, missing children, and stolen and recovered works of art.
INTERPOL United States National Central Bureau (USNCB) (http://www.justice.gov/interpol-

washington/)
INTERPOL Washington, the United States National Central Bureau, serves as the designated
representative to the International Criminal Police Organization (INTERPOL) on behalf of the
Attorney General. INTERPOL Washington is the official U.S. point of contact in INTERPOL's
worldwide, police-to-police communications and criminal intelligence network. Its mission is to
coordinate U.S. law enforcement actions and responses, ensuring that they are consistent with U.S.
interests and law, as well as INTERPOL policies, procedures, and regulations.
Europol (European Police Office) (https://www.europol.europa.eu/)
The original Europol Convention was replaced by the EU Council Decision of 6 April 2009
establishing the European Police Office (EUROPOL) as of 1 January 2010. The Europol Council
Decision was published in the Official Journal of the European Union on 15 May 2009 (L121/37-
66) and can be viewed here: https://www.europol.europa.eu/sites/default/files/council_decision.pdf.
Europol's mission is to "improve the effectiveness and cooperation between the competent
authorities of the Member States in preventing and combating serious international organized
crime." The Publications page (https://www.europol.europa.eu/content/page/publications) includes
Europol publications such as organized crime reports, serious crime overviews, threat assessment
reports and annual reports.
International Association of Chiefs of Police (IACP) (http://www.theiacp.org)
Founded in 1893, the IACP provides assistance and direction to police professionals from over 80
nations. Its eLibrary (http://www.theiacp.org/ELibrary) provides access to resource materials such as
model policies, articles, training guides and webinars.
Police Officer's Internet Directory (http://www.officer.com)
This "Directory" is a user-friendly list of links of interest to the law enforcement community
worldwide. It is organized into subjects covering, for example, US and international agencies, police
associations, hate groups, law libraries, investigations, listservs, and "most wanted" lists from around
the world.
VI. Specific Crimes
24


A. Human Rights and War Crimes
Many international crimes, such as genocide, crimes against humanity, slavery, torture, and war
crimes are considered violations of the norms of human rights and, as such, are usually covered
extensively in traditional human rights research sources. Refer to the chapter on Human Rights
(http://www.asil.org/sites/default/files/ERG_HUMRTS.pdf) in this Guide for a thorough treatment
of research methods in this area.
University of Minnesota Human Rights Library, War Crimes and Crimes Against Humanity,
Including Genocide (http://www1.umn.edu/humanrts/instree/auox.htm)
This page features links to specific documents and publications such as the Convention on the
Prevention and Punishment of the Crime of Genocide, the Nuremberg Rules, the Convention on
the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, and
the Principles of International Co-Operation in the Detection, Arrest, Extradition and Punishment
of Persons Guilty of War Crimes and Crimes Against Humanity.
War Crimes Studies Center (http://socrates.berkeley.edu/~warcrime/)
The U.C. Berkeley War Crimes Studies Center was founded in 2000 to further the understanding of
war crimes. Their activities include training judges, monitoring tribunals, and locating & collecting
documentation. The web site includes regular reports from Sierra Leone, East Timor, and
Indonesia, as well as other historical preservation projects.
The Cambodian Genocide Program (http://www.yale.edu/cgp)
The Cambodian Genocide Program is studying the events of the Pol Pot era, to learn as much as
possible about the tragedy, and to help determine who was responsible for the crimes of this regime.
Major sections of the website include the Documentation Center of Cambodia
(http://www.yale.edu/cgp/dccam.html) and the Cambodian Genocide Data Bases (CGDB)
(http://www.yale.edu/cgp/databases.html). There are "four different types of information in CGDB:
bibliographic, biographic, photographic and geographic. The bibliographic database contains records
on some 2,000 primary and secondary documents dealing with atrocities in the Khmer Rouge
regime. The biographic database is an index of more than 6,000 Khmer Rouge military and political
leaders, and many victims of the Khmer Rouge regime. The photographic database is a display of
more than 5,000 prisoner mug shots taken at the Tuol Sleng Prison. The geographic database is a
collection of maps showing the precise locations of more than 5,000 mass grave pits, as well as
dozens of Khmer Rouge prisons and memorials to their victims."
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) (http://www.cpt.coe.int/en/about.htm)
25


In 1987, the Council of Europe drafted the European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (http://www.cpt.coe.int/en/documents/ecpt.htm)
to prevent torture or inhuman or degrading treatment of prisoners. Since the Convention provides
for non-judicial mechanisms to protect detainees, enforcement is based on a system of visits by
members of the CPT. Reports of these visits and CPT statements are available in the CPT Database
(http://www.cpt.coe.int/en/database.htm). The text and background information on the
Convention, summary reports, text of additional Protocols, status of signatures & ratifications, and
Rules of Procedure can be found on the CPT: Reference Documents page
(http://www.cpt.coe.int/en/docsref.htm). Documents State by State
(http://www.cpt.coe.int/en/states.htm) provides press releases, site visit information, and selected
CPT reports for each of the 41 member states.
Books:
• Bassiouni, M C. Crimes against Humanity: Historical Evolution and Contemporary

Application. New York: Cambridge University Press, 2011.
(http://www.worldcat.org/title/crimes-against-humanity-historical-evolution-and-
contemporary-application/oclc/667610181&referer=brief_results)
• Bassiouni, M C. Crimes against Humanity in International Criminal Law. The Hague:
Kluwer Law International, 1999. (http://www.worldcat.org/title/crimes-against-humanity-
in-international-criminal-law/oclc/41482224&referer=brief_results)
B. Organized Crime and Narcotics
Organized crime encompasses a wide range of illegal activities such as drug trafficking, money
laundering, counterfeiting, credit card fraud, traffic in persons, illegal arms and weapons trading,
criminal offenses against the environment, and even car theft. Generally speaking, organized crime
can be any illegal activity that has evolved to the level of a business enterprise.
Books:
• Bassiouni, M C, Eduardo Vetere, and Dimitri Vlassis. Organized Crime: A Compilation of

U.N. Documents 1975-1998. Ardsley, N.Y: Transnational Publishers, 1998.
(http://www.worldcat.org/title/organized-crime-a-compilation-of-un-documents-1975-
1998/oclc/41142721?referer=br&ht=edition)
International Convention against Transnational Organized Crime

(http://www.unodc.org/unodc/en/treaties/CTOC/index.html)
The signing of the Convention in Palermo, Italy during the week of 12-15 December 2000 marked
"a significant step forward in international cooperation on the rule of law and global crime." Three
Protocols to the Convention address the illicit manufacturing of and trafficking in firearms, the
26


illegal trafficking in and transport of migrants, and the international trafficking in women and
children. Texts of the convention and protocols, signatures, ratification status, and sessions of the
Conference of the Parties are chronicled at the Convention website. Legislative guides, Travaux
Preparatoires, and proceedings of the meetings of the Ad Hoc Committee are also available. Most
documents are available in English, French, Spanish, Russian, Arabic and Chinese.
United Nations Office on Drugs and Crime(UNODC) (http://www.unodc.org/unodc/index.html)
Formerly known as the UN Office on Drug Control and Crime Prevention (UNDCCP), this
agency is responsible for coordinating activities relating to international control of corruption,
human trafficking, illicit drugs, money laundering, organized crime, and terrorism. In keeping with
its mission, the UNODC website brings together information on the activities of the UNODC, the
Commission on Crime Prevention and Criminal Justice (CCPCJ),
(http://www.unodc.org/unodc/en/commissions/CCPCJ/index.html) the Commission on Narcotic
Drugs (CND) (http://www.unodc.org/unodc/en/commissions/CND/index.html), and the
International Narcotics Control Board (INCB). It also includes a summary of the World Drug
Report (http://www.unodc.org/wdr/index.html) and drug-related resolutions and decisions made by
the UN General Assembly, the Economic and Social Council (ECOSOC) and the Commission on
Narcotic Drugs (CND).
Transnational Crime and Corruption Center (TraCCC) (http://policy-traccc.gmu.edu/)
TraCCC is a research center within the School of Public Policy at George Mason University ,
dedicated to the research of trends in organized crime and corruption. With eight overseas organized
crime and corruption research centers, they are able to assess crime and corruption both regionally
and nationally. The Center provides Web access to the publications of their center directors and
research scholars. The Resources page includes a searchable database of in-house publications,
bibliographies, and external links to information on arms, corruption, cybercrime, drugs,
environmental crime, money laundering, terrorism, and white collar crime, to name a few.
(http://www.icclr.law.ubc.ca)
The Centre monitors activities concerning economic and organized crime and provides programs
and publications in areas such as fraud and corruption, improving criminal justice, reducing
victimization,and transnational crime and international cooperation Publications include: Model
Guidelines for the Effective Prosecution of Crimes Against Children and a resource manual on
Model Strategies and Practical Measures on the Elimination of Violence Against Women in the
Field of Crime Prevention and Criminal Justice.
International Money Laundering Information Network (IMoLIN) (http://www.imolin.org/)
27


IMoLIN was developed in 1996, under the auspices of the United Nations and other governmental
agencies, with the goal of assisting governments, organizations and individuals in the fight against
money laundering. Most pages at this site are available in at least English, French, and Spanish. Key
features are:
• AMLID Country Pages (http://www.imolin.org/imolin/amlid/index.jspx?lf_id=): provide

full text of national legislation relating to money laundering.
• International Norms and Standards (https://www.imolin.org/imolin/en/int_standards.html):
includes a comprehensive list of relevant UN instruments , model laws, and a listing of
regional money laundering standards.
• Reference section (http://www.imolin.org/imolin/en/reference.html): includes a money
laundering bibliography of books and articles and research papers relating to these issues.
• IMOLIN Case Law Database (http://www.imolin.org/imolin/cld/search.jspx): a listing of
money-laundering case summaries.
Financial Crimes Enforcement Network (FINCEN) (http://www.fincen.gov/)
FINCEN, a U.S. Treasury Department agency, was created to establish, oversee and implement
policies to prevent and detect money laundering. The site includes a list of countries with transaction
advisories, bank secrecy regulatory information, surveys and reports on money laundering and
cybercrime, publications, and news releases.
Financial Action Task Force on Money Laundering (FATF) (http://www.fatf-gafi.org)
FATF is one of the key organizations that addresses the global problem of money laundering.
Formed by the G-7 Economic Summit in 1989, the FATF is comprised of 26 countries, the
European Commission and the Gulf Cooperation Council. It is dedicated to promoting the
development of effective anti-money laundering controls and enhanced cooperation in counter-
money laundering efforts around the world. The site includes FATF reports and documents such as:
● FATF Standards
● Recommendations
● Money Laundering Trends and Techniques
● Annual Reports

C. Cyber Crime
CyberCrime (http://www.justice.gov/criminal/cybercrime/)
This site is maintained by the Computer Crime and Intellectual Property Section (CCIPS) of the
Criminal Division of the U.S. Department of Justice. It is primarily a clearinghouse for information
on legal and policy issues relating to cybercrime, including cases, legislation, and related documents.
28


Council of Europe (http://conventions.coe.int/)
The Council of Europe has negotiated several agreements concerning cybercrime:
• Convention on Cybercrime (http://conventions.coe.int/treaty/en/Treaties/Html/185.htm)

was opened for signature on 23 November 2001 and entered into force on 7 January 2004.
This website includes the text of the previous Draft and a Draft Explanatory Memorandum.
There is already an Additional Protocol to the Convention on Cybercrime concerning the
criminalisation of acts of a racist and xenophobic nature committed through computer
systems (http://conventions.coe.int/Treaty/EN/Treaties/html/189.htm), including an
Explanatory Report, opened for signature on 28 January 2003, entered into force on 1
March 2006. The Parliamentary Assembly also issued Opinion 240 (2002) on the
Additional Protocol.
• Additional Protocol to the Convention for the Protection of Individuals with Regard to
Automatic Processing of Personal Data (ETS No. 108)
(http://conventions.coe.int/treaty/en/Treaties/Html/108.htm)
The Council also maintains a cybercrime web page promoting the provisions of the International
Convention on Cybercrime.
OAS Cyber Crime Legal Agenda (http://www.oas.org/juridico/english/cyber.htm)
This website is part of the OAS Inter-American Legal Agenda. The Cyber Crime section reports on
activities in which the OAS participates in its effort to combat cybercrime. The site includes reports
and documents from meetings of the Government Experts on Cyber Crime, along with other
relevant conference reports.
Privacy International (http://www.privacyinternational.org)
Privacy International is an independent, non-government organization with the primary role of

advocacy and support to raise awareness about the development of national surveillance systems.
Their web page provides the texts of agreements on data protection and privacy from a variety of
countries and regions and includes summaries of G7/G8 activities concerning cybercrime and
discussions of other European efforts at controlling cybercrime.
D. Environmental Crime
Cooperation in criminal matters throughout Europe is facilitated by treaties and agreements

negotiated under the auspices of the Council of Europe and the European Union.
Council of Europe Treaties (http://conventions.coe.int/)
29


Convention on the Protection of the Environment through Criminal Law (ETS No. 172), opened
for signature on 4 November 1998, not yet entered into force.
(http://www.icclr.law.ubc.ca)
In addition to its monitoring activities in organized crime described earlier in this section, the Centre
also gathers information on issues concerning Environmental Crime. Access is provided to the report
from the International Meeting of Experts, held in Portland, Oregon in 1994, entitled Use of
Crminal Sanctions in the Protection of the Environment: Internationally, Domestically and
Regionally (http://icclr.law.ubc.ca/publications/use-criminal-sanctions-protection-environment-
internationally-domestically-and).
Refer to the chapter on International Environmental Law in this Guide for a thorough treatment of
research methods in this area (http://www.asil.org/sites/default/files/ERG_ENVIROMENT.pdf).
E. Terrorism
1. United Nations Conventions & Related Documents
Books:
• Bassiouni, M C. International Terrorism: Multilateral Conventions, 1937-2001.

International and comparative criminal law series. Ardsley, N.Y: Transnational Publishers,
2001. (http://www.worldcat.org/title/international-terrorism-multilateral-conventions-1937-
2001/oclc/48003241&referer=brief_results)
UN Action To Counter Terrorism (http://www.un.org/terrorism/).
This is the U.N.'s official website for collecting and reporting on U.N. actions against terrorism. It
provides up-to-the-minute coverage of the latest developments, including press releases and web cast
statements. The U.N. "opened a new phase in their counter-terrorism efforts by agreeing on a
global strategy to counter terrorism . The strategy, adopted on 8 September 2006 and formally
launched on 19 September 2006 marks the first time that countries around the world agree to a
common strategic approach to fight terrorism."
Counter-Terrorism Implementation Task Force (http://www.un.org/en/terrorism/ctitf/index.shtml)

is the UN system-wide strategy to combat terrorism.
U.N Conventions on Terrorism

(http://treaties.un.org/Pages/DB.aspx?path=DB/studies/page2_en.xml&menu=MTDSG).
Charter of the United Nations, Chapter 7, Action with Respect to Threats to the Peace, Breaches of
30


the Peace, and Acts of Aggression (Articles 39-51)
(http://www.un.org/en/documents/charter/chapter7.shtml).
UN Action to Counter Terrorism: International Instruments to Counter Terrorism

(http://www.un.org/en/terrorism/instruments.shtml).
Since 1963, the international community has elaborated 18 universal legal instruments to prevent
terrorist acts. This web page links to the major terrorism treaties currently in force and monitors the
work of the UN in drafting new terrorism treaties. Treaty texts and current status information can
be found at the UN Treaty Collections: Terrorism page
(http://treaties.un.org/Pages/DB.aspx?path=DB/studies/page2_en.xml&menu=MTDSG)
General Assembly Resolutions condemning terrorism

(http://www.un.org/en/terrorism/resolutions.shtml).
This page gathers General Assembly resolutions on terrorism back to the 30th Session, Reports of
the Sixth Committee since the 40th Session, and documentation from the Ad Hoc Committee
formed to elaborate a convention on measures to eliminate international terrorism.
Security Council Resolutions condemning terrorism (http://www.un.org/en/terrorism/sc-res.shtml).
This page includes the text of Resolutions, Presidential Statements and Verbatim Records of Security
Council anti-terrorism actions.
Security Council Counter-Terrorism Committee (CTC) (http://www.un.org/en/sc/ctc/), which was

established by SC Resolution 1373 of 28 September 2001.
UNODC and Terrorism Prevention (http://www.unodc.org/unodc/en/terrorism/index.html)
In 1999, the U.N. General Assembly established the Terrorism Prevention Branch (TPB) to research
terrorism and assist countries in preventing terroristic acts. In 2002 it evolved into the Global
Programme against Terrorism, a framework for the operational activities of the UN Office on Drugs
and Crime. The site provides background information on terrorism and links to all relevant
international, regional and national counter-terrorism legislation
(https://www.unodc.org/tldb/en/index.html). The Programme provides the overall framework for
delivering technical assistance to countries. These technical assistance tools include a Digest of
Terrorist Cases, model laws, studies, a compendia of legal instruments, conference publications and
the UN Legislative Guide to the Universal Anti-Terrorism Conventions and Protocols
(http://www.unodc.org/documents/terrorism/LegislativeGuide2008.pdf) and other documents to
serve as guides for implementing the terrorism instruments.
Ad Hoc Committee established by General Assembly resolution 51/210 of 17 Dec.1996

(http://www.un.org/law/terrorism/index.html)
31


2. Other International Governmental Organizations
Regional Conventions on Terrorism

This page provides the text and status of conventions deposited with the U.N. Secretary General and
the anti-terrorism conventions of the League of Arab States, the Organization of the Islamic
Conference, the Council of Europe, the OAS, the OAU, the South Asian Association for Regional
Cooperation (SAARC), and the Commonwealth of Independent States (CIS).
European Union (http://europa.eu)
European Union Justice, Freedom and Security (http://eur-

lex.europa.eu/summary/chapter/justice_freedom_security.html?root_default=SUM_1_CODED=23)
These web pages provide information and documentation on the EU fight against terrorism. The
European Commission Crisis & Terrorism website includes the EU counter-terrorism strategy and a
Documentation Centre with links to COM documents, adoptions, proposals, papers, Council
actions, and communications regarding the EU's fight against terrorism.
North Atlantic Treaty Organization (NATO) (http://www.nato.int/)
As terrorism against members of the alliance escalates and the focus turns to counter-terrorism, basic
NATO agreements and policy documents gain significance. The official NATO website provides
timely and complete coverage of institutional activities, including information on NATO structures
and policies, official documents, current agenda and the latest developments relating to them.
NATO and the Fight Against Terrorism (http://www.nato.int/cps/en/natolive/76706.htm) provides

basic NATO documents relating to terrorism including official statements, speeches, audio tapes of
press conferences, and photos of meetings.
• Article 51 of the U.N. Charter

(http://www.nato.int/cps/en/natolive/official_texts_16937.htm)
• North Atlantic Treaty (The Washington Treaty)
(http://www.nato.int/cps/en/natolive/official_texts_17120.htm)
• Informal Defence Ministers Meeting, September 26, 2001
(http://www.nato.int/docu/comm/2001/0109-‐hq/0109-‐hq.htm)
• NATO E-Library (http://www.nato.int/cps/en/SID-‐61B72647-‐
6BB6ED59/natolive/publications.htm)
3. Other Terrorism Resources
The National Consortium for the Study of Terrorism and Responses to Terrorism (START)
32


(http://www.start.umd.edu/start/)
START, based at the University of Maryland, is a U.S. Department of Homeland Security Center of
Excellence. The Center focuses on three areas of research: (1) Terrorist group formation and
recruitment, (2) Terrorist group persistence and dynamics, and (3) Societal responses to terrorist
threats and attacks. It hosts the Global Terrorism Database (GTD) (http://www.start.umd.edu/gtd/)
which is a comprehensive resource for the analysis and research of domestic and international
terrorism. GTD includes systematic data on international as well as domestic terrorist incidents that
have occurred between 1970-2004 and now includes almost 80,000 cases. For each GTD incident,
information is available on the date and location of the incident, the weapons used and nature of the
target, the number of casualties, and -- when identifiable -- the identity of the perpetrator. In the
next year, START expects to update the GTD to cover the time period from 2004 through 2007.
JURIST: The Legal Education Network: Terrorism Law

(http://jurist.org/currentawareness/terrorism.php)
Located at the University of Pittsburgh School of Law, this page is part of a larger network of legal
educational websites. In addition to continuously updated news sources, the Terrorism page includes
listings of counterterrorism agencies and initiatives, anti-terrorism laws, statutes and treaties,
terrorism studies, bibliographies, and academic commentary.
Carnegie Endowment for International Peace (http://www.carnegieendowment.org/)
Founded in 1910, the Carnegie Endowment is a private nonprofit organization dedicated to

advancing cooperation among nations and promoting active international engagement by the United
States. Proliferation News and Resources (http://carnegieendowment.org/publications/pronews/)
include current news, analysis, reports, Resources on Terrorism, and Proliferation Briefs. It also
includes country resource pages, information on various weapons of mass destruction, nuclear
numbers and tracking, and threat assessments. The Non-Proliferation Project is an internationally
recognized source of information and analysis on weapons of mass destruction. In Washington and
Moscow, Carnegie experts conduct an ongoing program of research, analysis, conferences, and
comment.
FATF & Terrorist Financing (http://www.fatf-gafi.org/)
The Financial Action Task Force (FATF) mission includes combating money laundering, terrorist
financing, and the financing of the proliferation of weapons of mass destruction, which are serious
threats to security and the integrity of the financial system. As recently as 2012, the FATF plenary
body revised and updated its Special Recommendations on Terrorist Financing to strengthen areas
that are higher risk, to deal with new threats such as the financing of proliferation of weapons of
mass destruction, and to be clearer on transparency and tougher on corruption. This website
includes the special recommendations, a self-assessment questionnaire, and guidance notes for the
33


recommendations.
Lockerbie Trial (http://www.scotcourts.gov.uk/search-‐judgments/lockerbie-‐trial)
The judgment and appeal of the Lockerbie trial is available for downloading in .pdf format, along
with links to video coverage of the proceedings.
BBC News Online (http://news.bbc.co.uk/2/hi/world/1766508.stm)
This site is intended to offer guidance and information to those with an interest in the Lockerbie
trial. It contains live video and audio coverage of the verdict, public reactions, and background
reports. Also included are news articles, a chronology of events, and documentation pertaining to
indictment, procedure, and evidence.
• The European Court of Justice Kadi Decision and the Future of UN Counterterrorism
Sanctions, by Peter Fromuth, October 30, 2009.
VII. Statistical Sources
UN Crime and Justice Information Network (UNCJIN): Statistics and Research Sources
(http://www.uncjin.org/Statistics/statistics.html)
Includes the UN Surveys of Crime Trends and Operations of Criminal Justice Systems
(http://www.uncjin.org/Statistics/WCTS/wcts.html), the UN International Study on Firearm
Regulation (http://www.uncjin.org/Statistics/firearms/index.htm), and an impressive array of links
to collections of crime statistics worldwide.
Bureau of Justice Statistics (BJS), International Justice Statistics

(http://www.bjs.gov/content/ijs.cfm)
This site serves as a complete resource for international criminal statistics. It provides explanations
and references to the full range of United Nations statistical sources, International Websites, and
National Archive of Criminal Justice Data. International datasets from the National Archive of
Criminal Justice Data (http://bjs.ojp.usdoj.gov/content/ijs.cfm#IRNACJD) include crime surveys
and studies from individual countries and regions. U.N. data collections include the Global Report
on Crime and Justice (http://www.uncjin.org/Special/GlobalReport.html), the International Crime
34


Victimization Survey (http://www.icpsr.umich.edu/icpsrweb/ICPSR/series/175), and the United
Nations International Study on Firearm Regulation
(http://www.uncjin.org/Statistics/firearms/index.htm). The World Factbook of Criminal Justice
Systems (http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1435), developed under a BJS grant,
provides narrative descriptions of the criminal justice systems of countries around the world. In
addition, the Bureau of Justice Statistics compiles the Sourcebook of Criminal Justice Statistics with
an emphasis on U.S crime statistics and other data on criminal justice issues. An electronic version of
the Sourcebook (http://www.albany.edu/sourcebook) is also available.
British Home Office Research and Statistics Directorate

(https://www.gov.uk/government/organisations/home-office/about/research)
British and international criminal justice statistics.
VIII. Information Clearinghouses and Other Related Sources
National Criminal Justice Reference Service (http://www.ncjrs.gov)
NCJRS "maintains a database of abstracts for more than 200,000 criminal justice books, journal
articles, and reports published by the U.S. Department of Justice, other local, state, and federal
government agencies, international organizations, and the private sector." The database is available
electronically in several ways: on the Web or on CD-ROM, available by ordering directly from
NCJRS. The database can also be searched via DIALOG, a fee-based service for which the user must
have an established account. The service also responds directly to over 5,000 specific inquiries per
month from around the world.
National Institute of Justice (NIJ) (http://www.nij.gov/)
The National Institute of Justice (NIJ) is the research agency of the U.S. Department of Justice.
NIJ's links with the international community include participation in the network of criminological
institutes affiliated with the United Nations; financial and administrative support of the World
Justice Information Network (http://www.wjin.net/), a global forum for the exchange of
information and ideas concerning international criminal justice; participation in the development of
the United Nations Criminal Justice Information Network (UNCJIN); and establishment of an
International Center within NIJ. Articles discussing international crime, in NIJ publications such
as National Institute of Justice Journal, are available in full-text.
State University of NY at Albany, School of Criminal Justice, Links to Criminal Justice Sites
(http://library.albany.edu/subject/criminal)
This comprehensive clearinghouse for U.S. and international criminal law and justice resources
35


features links to national and state laws, court sites, international, federal and state governments,
national and international organizations, policing & crime prevention, statistics, prisons and
sentencing, drugs, victims of crime, and more.

*
Gail A. Partin currently holds the position of Interim Director and Law Librarian at the H. Laddie
Montague, Jr. Law Library of the Dickinson School of Law of the Pennsylvania State University. As
Interim Director she manages the administrative and operational aspects of the law library's Carlisle
and University Park facilities. She also serves as the library's Foreign, Comparative, and
International Law Librarian and is responsible for the development and maintenance of the law
library's international law collection. She developed and currently teaches an upper-level strategic
legal research course, participates in the legal research instruction program for first year students and
lectures on legal research for a variety of specialized and advanced law courses. In conjunction with
other colleagues, she designed the law school’s upper-level Practice-Oriented Research Tips and
Training Certificate Program (PORTT). To augment the legal research and instructional services she
provides, Gail has developed and maintains a resource rich web site for her library.
For the past several years, she has actively participated in the development of AALL’s Principles
and Standards For Legal Research Competency and designed the Legal Research Competency
online information center. She was a founder of the Teaching Research in Academic Law Libraries
(TRIALL) institute and served on the Advisory Council and Faculty of the first two institutes. Over
the years she has published a variety of course materials and articles and participated in lectures,
panels and programs concerning various aspects of legal research, including emerging electronic
resources, legal research competencies, international law, and basic United States legal resources.
Gail is an active participant in the organizations and activities of the American Association of Law
Libraries (AALL) and the Research Instruction & Patron Services Special Interest Section (RIPS).
She currently chairs on the AALL Special Committee for Legal Research Competency, which
is charged with promoting the principles and standards to ensure their widespread acceptance within
the legal community. Recently she was appointed to chair the RIPS-SIS newly created Legal
Research Competency Committee. For over ten years, she served as chair of the nationally
recognized National Legal Research Teach-In. She is also active in the Foreign, Comparative and
International Law SIS (FCIL), having served as member of the Strategic Planning Committee and
co-chair of the Education Committee. She earned her B.S. from Rider University, her M.S.L.S.
from Clarion University, and her J.D. from Dickinson School of Law . She is an active member of
the Pennsylvania State Bar.
36

e - RG
International
Economic Law
Jean M. Wenger
International Economic Law
I. Introduction
II. Overview of International Economic Law Research
III. International Trade Law
A. US Government Regulation & Trade Resources
B. Foreign Government Regulation
C. International Coordination & Trade Resources
D. Trade Treaties/Conventions
IV. International Financial Law
V. Regional Economic Integration
A. Africa
B. Asia and the Pacific
C. Europe
D. Western Hemisphere
VI. Governance
VII. International Development Law
A. Regional Development
B. Global Initiatives for Development
VIII. Private International Law
A. International Commercial Arbitration
B. Convention on the International Sale of Goods
C. Private International Law Organizations
IX. International Business Regulation
A. Competition
B. Electronic Commerce
C. Environment
D. Taxation
X. Intellectual Property Law
XI. Locating Literature
A. Online Bibliographic Catalogs
B. Periodical Literature
XII. Research Guides, Reference Materials, Blogs and Statistics
I. INTRODUCTION
The International Economic Law chapter of the ASIL Electronic Resource Guide for International
Law (ERG) offers an overview of electronic resources in this dynamic and evolving area of law.
The emphasis will be on Internet sites from such sources as international and regional
organizations, non-governmental international entities and government agencies. Online
subscription/commercial services will be addressed where appropriate. The electronic resources
highlighted in this guide are primarily English-language sites, although many are multi-lingual.
The exponential growth of quality electronic resources, both free and subscription precludes any
guide from being truly comprehensive. This chapter aims to present the researcher, whether the
academic, practitioner or international businessperson, with an introduction to important and
current sources of information for international economic law.
II. OVERVIEW OF INTERNATIONAL ECONOMIC LAW RESEARCH

This chapter adopts a broad interpretation of international economic law encompassing both the
conduct of sovereign states in international economic relations, and the conduct of private
parties involved in cross-border economic and business transactions. This interpretation will
evolve as economic interrelationships among countries continue to grow and new challenges
appear on the horizon.
International economic law is not derived from a single source or even several sources of law; it
has its genesis in many. National, regional, and international law (public and private), policy and
customary practices are all components of international economic law. International economic
law encompasses a wide spectrum of subjects including trade in goods and services, financial
law, economic integration, development law, business regulation and intellectual property. This
expansive scope presents a challenge for identifying relevant information. This chapter offers
the researcher a starting point for locating primary and secondary sources through a topical
schematic.
The international, regional, national, and non-governmental entities highlighted in this chapter
produce a wide range of documents including international conventions, treaties, bilateral
agreements, model laws, guidelines, statistics, and interpretative materials. Many of the
websites listed in this guide offer access to resources by topic and country. These websites are
multi-layered and possess complex information architecture. It is therefore suggested that the
researcher utilize not only the annotations provided, but also the site maps available at
individual websites to view a conceptual and comprehensive overview of the documents and
resources available.
III. INTERNATIONAL TRADE LAW

International trade law focuses on how countries conduct trade in goods and services across
national borders. The international, regional and national organizations detailed in this section
address the export and import issues that arise in international trade in goods and services.
Institutions also provide assistance and support through market and country reports, and
economic analyses promoting international trade.
A. US GOVERNMENT REGULATION AND TRADE RESOURCES

US Department of Commerce (http://www.commerce.gov)
The US Department of Commerce is responsible for encouraging and assisting the country's
international trade and economic growth. It provides services and assistance to increase
America's competitiveness in the world economy, and administers programs to combat unfair
foreign trade competition. The following bureaus relating to international economic law are part
of the Department of Commerce.
Bureau of Industry and Security (BIS) (http://www.bis.doc.gov)

The BIS is a separate bureau within the Department of Commerce. The main objective
of the BIS is to advance U.S. national security, foreign policy, and economic objectives
by ensuring an effective export control and treaty compliance system. The BIS directs
US export control policy including license applications and enforcement of US export
control laws over a wide range of products, technology and software. The site includes
information on export controls and compliance with and enforcement of export
administration regulations.
International Trade Administration (ITA) (http://trade.gov/index.asp)

Established in 1980 as part of the Department of Commerce, the ITA promotes global
trade and aims to strengthen the international trade and investment position of the
United States by assisting US exporters. The site is accessible by trade topic, services,
data & analysis, programs, and publications. The ITA provides information on exports
and export documentation, trade statistics, and market research. The ITA is responsible
for nonagricultural trade operations of the US government.
Industry & Analysis (http://trade.gov/industry/)

Devises and implements international trade, investment, and export
promotion strategies that strengthen the global competitiveness of US
industries.
Enforcement and Compliace (http://trade.gov/enforcement/)

Enforcement and Compliance (E&C) safeguards and enhances the
competitive strength of US industries against unfair trade through the
enforcement of US antidumping duty (AD) and countervailing duty (CVD)
trade laws and ensures compliance with trade agreements negotiated on
behalf of the US. The E&C also administers the Foreign Trade Zones
program. The E&C provides administrative protective orders (APO)
arranged by country and product, regulations, policy bulletins, and the
regulations and orders of the Foreign-Trade Zones (FTZ) Board.
Trade Remedy Compliance

(http://enforcement.trade.gov/trcs/index.html)
Addresses potentially unfair application of foreign trade remedies. The
site contains import and export data, links to resources, legislation,
regulations, and case-tracking of foreign AD/CVD activity. The
Antidumping Manual
(http://enforcement.trade.gov/admanual/index.html) is available in full-text
or by chapter.
Global Markets (http://trade.gov/markets/)

Global Markets is part of the International Trade Administration (ITA) that
assists and advocates for U.S. businesses in international markets to
foster U.S. economic prosperity.
The Office of Trade Agreements Negotiation and Compliance (TANC)

(http://tcc.export.gov/)
TANC is part of the International Trade Administration that works to
eliminate foreign government-imposed trade barriers by supporting U.S.
efforts to negotiate new international trade agreements. TANC
coordinates with the ITA Trade Agreements Compliance Program by
monitoring foreign compliance with trade agreements to ensure that US
exporters get the maximum benefits from these agreements. TANC has
texts of the more than 250 trade agreements
(http://tcc.export.gov/Trade_Agreements/index.asp) including bilateral
investment treaties to which the US is a party in its TARA database
US Commercial Service (http://www.trade.gov/cs/)

The US Commercial Service, the trade promotion arm of the Department
of Commerce, provides trade assistance by helping US companies get
started in exporting and increasing foreign sales. The Market Research
Library (http://export.gov/mrktresearch/index.asp) contains over 100,000
industry and country-specific market reports including Country
Commercial Guides (read latest “Doing Business In” guides), Industry
Overviews, Market Updates, Multilateral Development Bank Reports,
Best Markets, and Industry/Regional Reports. Free access with
registration.
Export.gov (http://www.export.gov)
Export.gov brings together resources from many different agencies in the US
government. Export.gov is managed by the International Trade Administration and
addresses areas that include international sales, marketing and finance, regulations and
licenses, trade data and analysis, and trade problems.
Export-Import Bank of the United States (Ex-Im) (http://www.exim.gov)

Established in 1934, the Ex-Im Bank is the official export credit agency of the US helping
to finance US exports by supplementing private capital. For example, the Bank focuses
on critical areas such as emphasizing exports to developing countries, countering trade
subsidies of other governments, and encouraging exports by small businesses. This site
has country/fee info fact sheets with guidelines for financing and exposure fee
information.
USA Trade Online (https://usatrade.census.gov/)

The official source for US merchandise trade data from the Foreign Trade Division of the
US Census Bureau. Access current and cumulative US export and import data for over
9,000 export commodities and 17,000 import commodities. USA Trade Online provides
trade statistics up to 10-digit HS level or up to the 6-digit NAICS level.
United States Court of Appeals for the Federal Circuit (CAFC)

(http://www.cafc.uscourts.gov )
The Federal Circuit hears appeals from the US Court of International Trade and the US
International Trade Commission. The Federal Circuit, established by Congress in 1982,
is the only US court of appeals defined exclusively by its jurisdiction rather than
geographical boundaries. This site includes the rules of court, internal operating
procedures, court opinions and decisions.
United States Court of International Trade (USCIT) (http://www.cit.uscourts.gov/)

The Constitution and congressional enactment define the jurisdiction of the USCIT. The
Court has judicial review of administrative actions of government agencies dealing with
importation. The Court also has authority to decide any civil action against the United
States, its officers, or its agencies arising out of any law pertaining to international trade.
The geographical jurisdiction of the USCIT extends throughout the United States, and
the court is authorized to hold hearings in foreign countries. Opinions from 1999 to
present, court rules and forms are available.
Customs and Border Protection (CBP) (http://www.cbp.gov)

The Customs and Border Protection, part of the Department of Homeland Security, is
the single unified border agency of the US. The CBP is responsible for administering
tariffs and processing import entries. Select Trade button for extensive information on
exporting, importing and enforcement of US customs laws including legal decisions and
publications.
United States International Trade Commission (ITC) (http://www.usitc.gov/)

Formerly known as the US Tariff Commission upon being established by Congress in
1916, the Trade Act of 1974 changed the name of the Tariff Commission to the US
International Trade Commission (ITC). The ITC is an independent, quasi-judicial agency
that furnishes reports and recommendations to the President, Congress and agencies
on issues of international trade. The Commission has five major operations that serve its
external customers: Import Injury Investigations, Intellectual Property-Based Import
Investigations, Industry and Economic Analysis, Tariff and Trade Information Services,
and Trade Policy Support. EDIS (https://edis.usitc.gov/edis3-external/app) is the
repository for all documents filed in relation to an investigation conducted by the ITC. It
offers the capability to file documents for an investigation as well as search for
documents which have been submitted to the ITC. See also the Harmonized Tariff
Schedule of the United States Annotated (http://www.usitc.gov/tata/hts/index.htm)
and Trade Remedy Publications
(http://www.usitc.gov/trade_remedy/publications/opinions_index.htm). The Journal of
International Commerce and Economics (JICE)
(http://www.usitc.gov/journals/jice_home.htm) provides in-depth analysis on current and
emerging issues in international trade. All ITC online publications are available at
publications by type (http://www.usitc.gov/publications/by_type.htm). The Interactive
Tariff and Trade DataWeb (http://dataweb.usitc.gov/) provides customized trade data,
current tariffs, and prepared trade data reports.
United States Trade Representative (USTR) (http://www.ustr.gov/)

The US Trade Representative is a cabinet-level official who serves as the President's
principal trade advisor and is responsible for handling all trade negotiations. The USTR
handles all US interests within the World Trade Organization, regional trade and
economic organizations, and with major trading partners. Text of global, regional and
bilateral trade agreements (http://www.ustr.gov/trade-agreements), reports issued by
the Trade Representative, prepared testimony, and press releases are available.
B. FOREIGN GOVERNMENT REGULATION

The following compilations of foreign government websites can be used to identify agencies of
foreign national governments that are involved in international trade and regulation.
Foreign Information by Country

(http://ucblibraries.colorado.edu/govpubs/for/foreigngovt.htm)
The University of Colorado compiles links for government information, country profiles,
articles/databases, health and peace-keeping information.
International Documents (http://www.library.northwestern.edu/libraries-

collections/evanston-campus/government-information/international-documents)
A collection of links to foreign governments compiled by the Government Publications
Department, Northwestern University.
C. INTERNATIONAL COORDINATION AND TRADE RESOURCES

G8 Information Centre (http://www.g8.utoronto.ca/)
The G8 meetings deal with macroeconomic issues, international trade, and relations with
developing countries. G8 members include France, the United States, Britain, Germany,
Japan, Italy, Canada, and Russia. This information centre has background information
on the G8, document texts from G8 Summit Meetings, G8 Ministerial Meetings, and
scholarly publications. The Group of 20 (G20) is a forum of finance ministers and central
bank governors formally created at the September 25, 1999 meeting of the G7 Finance
Ministers. G20 aims to include "systemically significant economies and to promote
cooperation to achieve stable and sustainable world growth that benefits all." G20
information includes meetings and related documents, and a bibliography.
Global Trade Negotiations Home Page (http://www.cid.harvard.edu/cidtrade/)

From the Center for International Development at Harvard University. Provides recent
news articles in the area of international trade. Summaries of recent developments in
trade policy, lists of research papers, and links to additional resources are arranged
under 21 issue headings germane to trade including agriculture, anti-dumping,
competition, investment, service and transparency. Under Resources, find research
papers, links to non-governmental organizations and international organizations, and
information about individual countries.
International Chamber of Commerce (ICC) (http://www.iccwbo.org/)

The ICC has top-level consultative status with the United Nations representing the views
of business to promote international trade and investment. The ICC makes rules that
although voluntary are adhered to international transactions and govern the conduct of
transnational business in such areas as banking, arbitration, commercial crime, e-
commerce, energy, financial services, taxation, and trade and investment. Advocacy,
codes and rules include the text of the ICC International Customs Guidelines, other
codes, model clauses, and rules arranged in chronological order of adoption.
The ICC publishes Incoterms which are rules for the interpretation of trade terms
and are standard trade definitions that are most commonly used in international
contracts. The latest version is Incoterms 2010.
Incoterms 2000 are reproduced as Annex II in INCOTERMS 2000: Report of the

Secretary General (A/CN.9/479), UNCITRAL Yearbook, 2000, vol. XXXI, p. 599.
(http://www.uncitral.org/pdf/english/texts_endorsed/INCOTERMS2000_e.pdf)
Uniform Customs and Practices for Documentary Credits (UCP) is a set of

rules on the issuance and use of letters of credit. The current version, UCP 600,
is the sixth revision since the rules were first promulgated in 1933 and came into
force on July 1, 2007. UCP 600, currently available for purchase, replaces UCP
500.
Uniform Customs and Practices for Documentary Credits (UCP 500)

Former ICC rules governing most international letter of credit transactions, the
UCP 500 is the applicable rule governing an international letter of credit when the
UCP 500 is specified in the credit. UCP 500 is reproduced as Annex II in
Uniform Customs and Practices for Documentary Credits: Report of the
Secretary General (A/CN.9/935), UNCITRAL Yearbook, 1994, vol. XXV, p. 263.
(http://www.uncitral.org/pdf/english/yearbooks/yb-1994-e/yb_1994_e.pdf)
Earlier versions of the UCP are reproduced in the UNCITRAL Yearbook, 1984
and 1975, respectively: Uniform Customs and Practices for Documentary
Credits (1983), and Uniform Customs and Practices for Documentary
Credits (1974).
International Organization for Standardization (ISO) (http://www.iso.org/)

The ISO, a non-governmental organization established in 1947, is a worldwide federation of
national standards bodies representing 163 members. The ISO develops international
agreements containing technical specifications as rules or guidelines to ensure that materials
and products are suitable for their purposes in a global marketplace. These agreements are
published as international standards to break down barriers to trade and facilitate the
international exchange of goods and services.
The United Nations Home Page (UN) (http://www.un.org/)

The UN home page has information on major UN organs and related organizations. The UN
Documentation Centre (http://www.un.org/documents) contains full-text resolutions from the
General Assembly, Security Council and the Economic and Social Council, other full-text
documents and a searchable database for press releases. Official Documents System (ODS)
(http://www.un.org/en/documents/ods/) provides access to full-text UN documentation.
See the United Nations Chapter (http://www.asil.org/sites/default/files/ERG_UN.pdf) of this

Electronic Resource Guide for in-depth coverage of the United Nations and its information
resources.
United Nations Commission on International Trade Law (UNCITRAL)

(http://www.uncitral.org/uncitral/en/index.html)
UNCITRAL is the main legal body within the UN system focusing on international trade law.
UNCITRAL's mission is to further the progressive harmonization and unification of the law of
international trade. UNCITRAL has texts (http://www.uncitral.org/uncitral/en/uncitral_texts.html)
in the areas of international commercial arbitration, international sale of goods, cross-border
insolvency, international payments, international transport of goods, electronic commerce,
procurement and infrastructure development, and penalties and liquidated damages. Each area
includes the text of law, recommendations or rules, links to working groups, a bibliography, and
other information. Selecting the individual text provides the full-text, status, explanatory notes,
and travaux préparatoires, if available. A Bibliography of Recent Writings Related to the
Work of UNCITRAL (http://www.uncitral.org/uncitral/en/publications/bibliography.html) is
arranged by UNCITRAL text topic.
CLOUT (http://www.uncitral.org/uncitral/en/case_law.html) is a systematic collection of court

decisions and arbitral awards on UNCITRAL texts. CLOUT covers the following conventions:
• Convention on the Limitation Period in the International Sale of Goods (New York,
1974), as amended by the Protocol of 1980
(http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1974Convention_limitation
_period.html)
• United Nations Convention on Contracts for the International Sale of Goods
(Vienna, 1980) (CISG)
(http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html)
• UNCITRAL Model Law on International Commercial Arbitration (1985)
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1985Model_arbitration.html)
• United NationsConvention on the Carriage of Goods by Sea, 1978 (the Hamburg
Rules)
(http://www.uncitral.org/uncitral/en/uncitral_texts/transport_goods/Hamburg_rules.html)
The UNCITRAL site also has texts of documents from UNCITRAL sessions and working groups,
current status of texts, and the UNCITRAL Yearbook, starting with Vol. 1 (1968-1970) to Vol.
42 (2011). (http://www.uncitral.org/uncitral/en/publications/yearbook.html)
United Nations Conference on Trade and Development (UNCTAD) (http://www.unctad.org/)

Established in 1964, UNCTAD is the principal organ of the United Nations General Assembly in
the field of trade and development. Areas of concern include trade, finance, technology,
investment and sustainable development.
Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods
and Technologies (http://www.wassenaar.org/)
The Wassenaar Arrangement is one of four multilateral export control regimes in which the
United States participates. The Arrangement's purpose is to contribute to regional and
international security and stability by promoting transparency and greater responsibility in
transfers of conventional arms and dual-use (i.e. those having civil and military uses) goods and
technologies. The Wassenaar Arrangement has 41 participating states. The site provides text of
the agreement, guidelines and procedures, a list of dual-use goods and technologies and
munitions, and a country-by-country listing of national export controls contacts.
World Customs Organization (WCO) (http://www.wcoomd.org/)

The WCO is an independent intergovernmental body with worldwide membership (currently 179
members) and is competent in customs matters. Under WCO Topics, find links covering
nomenclature (harmonized system), valuation, origins, enforcement & compliance, procedures
& facilitation, and capacity building. Each topic provides an overview, news, responsibilities,
committees, and tools & instruments.
World Trade Organization (WTO) (http://www.wto.org/)

The WTO deals with the rules of trade between nations and supports the multilateral trading
system through the WTO agreements that cover, in part, trade, services and intellectual
property.
General Agreement on Tariffs and Trade (GATT)

(http://www.wto.org/english/docs_e/legal_e/gatt47_01_e.htm)
GATT came into being in 1948 as a multilateral instrument to promote trade.
In 1993, the Final Act of the Uruguay Round
(http://www.wto.org/english/docs_e/legal_e/final_e.htm) of GATT established the World Trade
Organization as an international organization. The Final Act of the 1986-1994 Uruguay Rounds
of trade negotiations is a collection of agreements comprising the WTO agreements. (Strictly
speaking, the Final Act is the first of these agreements.)
The General Agreement on Trade in Goods

(http://www.wto.org/english/docs_e/legal_e/legal_e.htm) and the General Agreement on Trade
in Services (GATS) (http://www.wto.org/english/docs_e/legal_e/26-gats.pdf) are Annex 1A and
1B of the WTO agreements, respectively.
Documents Online (http://docsonline.wto.org) is a database providing access to over 100,000

official documents of the WTO. Includes legal texts (trade agreements), dispute settlement
documents, tariff schedules and the trade topics section. The heading of Trade topics
(http://www.wto.org/english/tratop_e/tratop_e.htm) has information and documents arranged
under the following sectors: goods, services, intellectual property, dispute settlement, and other
topics (environment, development, trade policy reviews, government procurement, regional
trade agreements, competition, investment, and electronic commerce.) The Doha Round
(http://www.wto.org/english/tratop_e/dda_e/dda_e.htm) "provides the mandate for negotiations
on a range of subjects, and other work including issues concerning the implementation of the
present agreements."
The GATT Digital Library: 1947-1994 (http://gatt.stanford.edu/page/home) contains

over 59,000 public documents and publications of the GATT. A Resources page
contains bibliographies and research guides. The Digital Library is cooperative effort
between the Stanford University Libraries & Academic Information Resources and the
World Trade Organization.
WorldTradeLaw.net (http://www.worldtradelaw.net/) is a subscription service providing

commentary and analysis with a free portion consisting of primary source documents on
international trade law.
.
GATT Analytical Index
(http://www.wto.org/english/res_e/booksp_e/gatt_ai_e/gatt_ai_e.htm)
Provides a guide to the interpretation and application of the General Agreement on
Tariffs and Trade, drawn from official documentary sources of the GATT.
WTO Dispute Settlement page

(http://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm)
Includes panel reports, appellate body reports, and adopted panel reports within the
framework of WTO. Adopted Panel Reports Within the Framework of GATT 1947
(http://www.sice.oas.org/DISPUTE/gatdispe.asp) include reports from 1948-1994.
WTO Analytical Index: Guide to WTO Law and Practice
(http://www.law.nyu.edu/library/print-wtoguide.html) provides an authoritative guide to
the interpretation and application of all of the WTO Agreements. The third edition covers
from January 1, 1995 to September 2011.
D. TRADE TREATIES/CONVENTIONS
For treaties, agreements and conventions not listed or included in this section, check
organization websites or other sites listed under the topical and regional areas of this
Guide.
International Labour Organization (ILO) (http://www.ilo.org)

The ILO, a specialized UN agency, develops international labour standards called
conventions and recommendations that set minimum standards of basic labour rights.
NORMLEX (http://www.ilo.org/ilolex/english/index.htm) brings together information on
International Labour Standards (such as ratification information and reporting
requirements) as well as national labour and social security laws. NATLEX
(http://www.ilo.org/dyn/natlex/natlex_browse.home) is the database of national labour,
social security and related human rights legislation. NATLEX provides abstracts of
legislation and relevant citation information. Records are indexed by keywords and by
subject classifications and where possible, the full text of the law or a relevant electronic
source is linked to the record.
United Nations Treaty Collection (http://treaties.un.org/Pages/Home.aspx?lang=en)

The United Nations Treaty Collection includes links for the following critical treaty
publications:
UN Treaty Series (UNTS) is a collection of treaties and international agreements

registered or filed and recorded with and published by the Secretariat since 1946,
pursuant to Article 102 of the Charter. The UNTS includes the texts of treaties in their
authentic language(s), along with translations into English and French, as appropriate.
The collection currently contains over 200,000 treaties.
Multilateral Treaties Deposited with the Secretary General contains a detailed status
of the over 550 multilateral treaties deposited with the Secretary General and is updated
daily. Also included is the Recently Deposited Multilateral Treaties, a collection
consisting of the texts of multilateral treaties recently deposited with the Secretary-
General that have not yet been published in the United Nations Treaty Series.
Treaty Reference Guide

(http://treaties.un.org/Pages/Overview.aspx?path=overview/definition/page1_en.xml)
A glossary of treaty terms.
The Treaty Handbook
(http://treaties.un.org/Pages/Publications.aspx?pathpub=Publication/TH/Page1_en.xml)
Available in six languages, the Handbook addresses many aspects of treaty law and
practice.
US Bilateral Investment Treaties

(http://tcc.export.gov/Trade_Agreements/Bilateral_Investment_Treaties/index.asp)
The texts of all US bilateral investment treaties are available on the website of the Trade
Compliance Center (TCC), US Department of Commerce.
US Treaties in Force (http://www.state.gov/s/l/treaty/tif/index.htm)

A list of treaties and other international agreements of the United States in force as of
January 1, 2013. This annual publication does not include the text of treaties.
Treaty Affairs (http://www.state.gov/s/l/treaty/)

Office of the Legal Advisor serves as the principal U.S. government repository for U.S.
treaties and other international agreements and provides links for treaty actions, pending
treaties, treaties and other international acts series.
WTO Agreements (http://www.wto.org/english/docs_e/legal_e/legal_e.htm)

This page includes the Uruguay Round Final Act - full texts with explanation and
analysis.
IV. INTERNATIONAL FINANCIAL LAW

International financial law considers the role of central banks in international economic relations
and the development of economic and monetary policy. International financial and securities
markets are also addressed.
Bank for International Settlements (BIS) (http://www.bis.org/)

Created at the Hague Conference in January 1930, the Bank for International
Settlements (BIS) is a central banking institution unique at the international level. The
BIS is owned and controlled by central banks and provides tailored services to central
banks and ultimately to the worldwide international financial system. The BIS website
has full-text BIS publications, including basic texts (under About BIS-Legal Information),
working papers, economic papers, policy papers, committee publications, and statistics
(under Publications & research), and a collection of links to central banks (under Central
Bank hub).
Institute of International Bankers (IIB) (http://www.iib.org/)

Founded in 1966, the IIB is an association of banking organizations that operate in the
United States. A useful publication on developments in the international banking
community is the annual Global Survey 2014 (http://c.ymcdn.com/sites/iib.site-
ym.com/resource/resmgr/Docs/2014GlobalSurvey.pdf) that describes the regulatory and
market developments in the areas of banking, insurance and securities in 35 countries
and the EU.
International Monetary Fund (IMF) (http://www.imf.org/)

The IMF is a cooperative institution with a membership of 188 countries that consult with
one another to maintain a stable system of currency transactions. IMF staff country
reports and other IMF periodicals are available in full-text. Exchange rates and special
drawing rates (SDR) are regularly updated, and country specific information is available
at the site. Additionally, selected decisions and selected documents are available.
International Organization of Securities Commissions (IOSCO)

(http://www.iosco.org/)
IOSCO members are central banks, monetary authorities and national securities
commissions. Members cooperate to promote high standards of securities regulation to
maintain markets, to exchange information towards the development of domestic
markets, and to oversee the surveillance of international securities transactions.
Institute of International Banking Law & Practice (http://www.iiblp.org/)

An educational and research institution dedicated to harmonize international law and
practice in the field of banking law. The Institute pioneered several initiatives including
the International Standby Practices (ISP98), a set of private rules of practice that apply
to standby letters of credit and became effective January 1, 1999. The ISP98
(http://www.uncitral.org/pdf/english/texts_endorsed/ISP98_e.pdf ) is reproduced as
Annex II in a report of the United Nations Secretary-General (A/CN.9/477), UNCITRAL
Yearbook, 2000, vol. XXXI, p. 579. ISP98 is also issued as ICC Publication 590.
Organisation for Economic Co-operation and Development (OECD)

(http://www.oecd.org/)
OECD, comprised of 34 market economy countries, provides governments with a forum
to discuss and shape economic and social policy. Topics addressed by OECD include
competition, money laundering, environment, sustainable development, economics,
trade and electronic commerce. OECD makes available online documents arranged by
theme, type and country. See: Convention on the Organization for Economic Co-
operation and Development (http://www.oecd.org/) and the OECD Code of
Liberalisation of Capital Movements and of Current Invisible Operations
(http://www.oecd.org/investment/codes.htm).
V. REGIONAL ECONOMIC INTEGRATION

Regional affiliations range from loosely defined customs unions to highly structured and
regulated economic and monetary unions. These regional organizations have their press
releases, documents, publications, and customs and trade resources available electronically.
Many regional websites also provide legislation and information from member countries.
A. AFRICA
African, Caribbean and Pacific Group of States (APC) (http://www.acp.int)
APC aims for sustained economic growth for its 79 current members. The Treaties &
Agreements page includes texts of treaties and agreements including the Cotonou
Agreement Revised (2005), the various Lomé conventions, and the Georgetown
Agreement.
Common Market for Eastern & Southern Africa (COMESA) (http://www.comesa.int/)

COMESA is a regional grouping of 19 countries in Eastern and Southern Africa forming
a free trade area. It was established in 1994 to replace the Preferential Trade Area for
Eastern and Southern Africa (PTA), which had been in existence since 1981.
Organization for the Harmonization of Business Law in Africa (OHADA)

(http://www.ohada.org)
OHADA has seventeen member states including Benin, Burkina Faso, Cameroon, the
Central African Republic, Côte d'Ivoire, Congo, Comores, Gabon, Guinea, Guinea
Bissau, Equatorial Guinea, Mali, Niger, Senegal, Chad, Togo and Democratic Republic
of Congo. This site is only in French. The Treaty on the Harmonization of Business
Law in Africa aims to improve the legal and judicial structures by modernizing and
harmonizing business law in member States.
B. ASIA AND THE PACIFIC

Asia-Pacific Economic Cooperation (APEC) (http://www.apec.org)
Established in 1989, APEC currently has 21 member countries that border the Pacific
Ocean, working together to promote open trade and economic cooperation in the region.
Information available includes economic information for member countries, ministerial
statements, business resources, and APEC information by topic. The 2010 Guide to
Investment Regimes of the APEC Member Economies, (2nd Revision)
(http://publications.apec.org/publication-detail.php?pub_id=1158) includes investment
information from APEC members.
Association of Southeast Asian Nations (ASEAN) (http://www.asean.org/)

ASEAN was established in 1967 by Indonesia, Malaysia, Philippines, Singapore and
Thailand. Brunei Darussalam, Vietnam, Laos, Myanmar, and Cambodia later became
members. Objectives from ASEAN summits include the creation of an ASEAN Free
Trade Area and a preferential tariff scheme.
C. EUROPE
Council of Europe (http://www.coe.int/)
The Council of Europe is an international organization, which has as its objectives: the
strengthening of democracy, promotion of social and economic programs, human rights
and the rule of law among its 47 member states. The European Treaty Series (ETS)
(http://convention.coe.int) has the text of treaties including signatures and ratification
information for each Member State. Treaties regarding international economic law
include the establishment of companies, arbitration, and data protection.
European Union (EU)

The Member States of the EU are Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
EUROPA (http://europa.eu/)
EUROPA is the European Union's server with links to activities, institutions,
official documents, and information sources. Activities of the EU are divided into
topics or sectors. Each topic or sector has information on the controlling law in
the area, implementation of policies and additional information sources.
Summaries of EU legislation, arranged by topic, are available through the service
Summaries of EU Legislation (http://eur-
lex.europa.eu/browse/summaries.html).
Eur-Lex (http://eur-lex.europa.eu/homepage.html)
The Eur-Lex page has links for the text of the Official Journal, L and C series
(http://eur-lex.europa.eu/JOIndex.do?ihmlang=en) from 1952 to the present. EU
law and related documents (http://eur-lex.europa.eu/collection/eu-law.html) has
links to treaties, legislation, consolidated legislation, EU case law and
international agreements.
Directory of European Union consolidated acts (http://eur-

lex.europa.eu/browse/directories/consleg.html) is classified according to an
analytical structure of 20 topical chapters in the Directory of European Union
legislation. Standardized headings under the analytical structure relevant to
international economic law include competition policy, taxation, economic and
monetary policy and free movement of capital, and law relating to undertakings.
(Note: Directory is in an experimental phase as of the time of writing.)
Consolidated Legislation
(http://eur-lex.europa.eu/collection/eu-law/consleg.html) contains legislation that
has been amended on one or more occasions, and consolidated by incorporating
into the basic instrument all subsequent amendments.
European Court of Justice and Court of First Instance

(http://curia.europa.eu/jcms/jcms/j_6/)
The jurisdiction of the Court of Justice is to hear disputes between Member
States, Community institutions, undertakings and individuals. Decisions from the
Court of Justice and Court of First Instance are available in full-text from the
founding of the Courts to the present.
European Commission: Directorates-General and Services of the
Commission (http://ec.europa.eu/dgs_en.htm)
The Commission is organized into departments called Directorates General,
responsible for drafting legislation and overseeing its implementation.
Departments focusing on economic law include Economic and Financial Affairs,
Enterprise and Industry, Taxation and Customs Union to name a few.
European Free Trade Association (EFTA) (http://www.efta.int/)

Originally founded in 1960, EFTA now includes Iceland, Liechtenstein, Norway
and Switzerland. EFTA's objective is to remove trade barriers among members.
The European Economic Area (EEA) came into being on January 1, 1994
extending the internal market of the EU to three EFTA countries, Iceland,
Liechtenstein, and Norway. Legal Texts (http://www.efta.int/legal-texts) has links
for the EFTA Convention, the EEA Agreement, and other conventions and
agreements.
D. WESTERN HEMISPHERE
Andean Community (http://www.comunidadandina.org/)
The Andean Community, a customs union, is comprised of Bolivia, Colombia, Ecuador,
and Peru. (Venezuela was formerly a member but denounced the Cartagena Agreement
in April 2006.) Andean integration focuses on economic and social cooperation to
promote the growth of member economies. The aim is to create a Latin American
common market through trade liberalization, a common external tariff and the
harmonization of socio-economic policies and the coordination of national legislation.
The Legal Framework of the Andean Community
(http://www.sice.oas.org/Andean/instmt_s.asp) provides the texts of treaties, acts,
decisions, and resolutions.
Caribbean Community (CARICOM) (http://www.CARICOM.org/)

CARICOM is an organization focusing on Caribbean regional integration. Resources
include the Revised Treaty of Chaguaramas Establishing the Caribbean
Community, Including the CARICOM Single Market and Economy
(http://www.caricom.org/jsp/community/revised_treaty.jsp?menu=community).
Central American - Dominican Republic Free Trade Agreement Home (CAFTA-DR)

(http://ustr.gov/Trade_Agreements/Bilateral/CAFTA/Section_Index.html) is a free trade
agreement comprising the markets of the United States, Costa Rica, El Salvador,
Honduras, Guatemala, Nicaragua, and the Dominican Republic. The agreement was
signed on August 5, 2004. The U.S. Congress approved CAFTA in July 2005 and the
President signed it into law on August 2, 2005. This page contains the final text, press
releases and advisory group reports.
Free Trade Area of the Americas (FTAA) (http://www.alca-ftaa.org/alca_e.asp)

The official home page of the FTAA. The aim of the FTAA is to integrate the economies
of 34 nations in the Western Hemisphere into a single free trade area. The FTAA Trade
Policy Developments (http://www.sice.oas.org/tpd/ftaa/ftaa_e.asp) from the
Organization of American States - Trade Unit has background information and
documents from the series of FTAA forums.
The Summits of the Americas Information Network (http://www.summit-

americas.org/default-en.htm) provides support in the areas of planning, implementation,
outreach, and follow up of Summit mandates. The Summits of the Americas are an
institutionalized set of meetings (Summits) at the highest level of government decision-
making in the Western Hemisphere, and are closely associated with the OAS. These
Summits discuss economic, social, military, and political problems in the Americas. Links
to documents, conferences and publications.
Latin American Integration Association (http://www.aladi.org/)

ALADI has its roots back to 1960 with the creation of the Latin American Free Trade
Association (ALALC), which was later modified by the Montevideo Treaty (1980)
(http://www.sice.oas.org/trade/Montev_tr/indexe.asp) creating ALADI. ALADI's members
include Bolivia, Colombia, Ecuador, Peru, Venezuela, Argentina, Brazil, Paraguay,
Uruguay, Chile, Mexico and Cuba. Documents and other publications are available in
Spanish and Portuguese.
MERCOSUR (http://www.mercosur.int)
This official site for MERCOSUR contains the text of treaties, protocols, official
documents, and publications including the Boletín Oficial. (The site is available in
Spanish or Portuguese.) MERCOSUR was established by the Treaty of Asunción
(http://www.sice.oas.org/trade/mrcsr/mrcsrtoc.asp) that created a common market
among Argentina, Brazil, Paraguay and Uruguay. Venezuela officially joined in July
2006. MERCOSUR aims for a program of trade liberalization, reductions of customs
tariffs, the elimination of non-tariff barriers and other restrictions to trade. MERCOSUR is
also known as the Common Market of the Southern Cone.
Legal Framework of the Common Market of the Southern Cone

(http://www.sice.oas.org/Mercosur/instmt_e.asp)
Text of the Treaty of Asunción with annexes, protocols, decisions, resolutions
and arbitral awards.
North American Free Trade Agreement (NAFTA)

NAFTA (http://www.ustr.gov/trade-agreements/free-trade-agreements/north-american-
free-trade-agreement-nafta) entered into force on January 1, 1994 and aims to eliminate
tariffs on qualifying goods between Canada, Mexico and the United States over a period
of years. Other objectives include fair competition, greater investment opportunities, and
the protection and enforcement of intellectual property rights.
NAFTA - Organization of American States - Trade Unit
(http://www.sice.oas.org/TPD/NAFTA/NAFTA_e.ASP)
Provides text of the NAFTA agreement and annexes, the North American
Agreement on Environmental Cooperation and the Agreement on Labor
Cooperation, and the Understanding Between the Parties to The North American
Free Trade Agreement Concerning Chapter Eight Emergency Action.
NAFTA Secretariat (https://www.nafta-sec-alena.org/Default.aspx)

The NAFTA Secretariat, comprised of the US, Canadian and Mexican
Secretariats, was established pursuant to Chapter 20 of NAFTA. The Secretariat
has as its primary responsibility the administration of the dispute settlement
provisions of NAFTA under chapters 11, 14, 19 and 20. Panel reports and
decisions are available for NAFTA and the US-Canada Free Trade Agreement.
Organization of American States (OAS) (http://www.oas.org/)

Organization of American States (OAS) is the world's oldest regional organization, with
its roots dating back to the end of the 19th century. OAS objectives are to strengthen the
peace and security of the region, and cooperatively promote the economic, social and
cultural development of the Members States. The OAS home page has links for OAS
topics, strategic partners, media, calendar, accountability, and documents that include
the OAS charter, resolutions, treaties and conventions.
Organization of American States - Trade Unit (http://www.sice.oas.org/)

Also known as SICE, the acronym for Sistema de Información al Comercio Exterior, the
Spanish title of the OAS Trade Unit. The Trade Unit has official sources of trade and
investment information from international and regional organizations and national
government departments.
Trade Agreements in Force (http://www.sice.oas.org/agreements_e.asp) include

multilateral agreements, customs unions, free trade agreements, framework
agreements, and partial preference agreements among countries of the Western
Hemisphere. Country pages (http://www.sice.oas.org/countries_e.asp) include bilateral
investment treaties, trade agreements, information on national trade policy and national
trade legislation. Links for dispute settlement resolutions
(http://www.sice.oas.org/Dispute/dispute_e.asp) include panel reports and rulings from
the Andean Community, GATT, NAFTA, and the WTO. Glossaries of Trade Terms
(http://www.sice.oas.org/Glossaries_e.asp) provides SICE's dictionary of trade-related
terms, the searchable version of the FTAA dictionary of trade terms and other trade
related glossaries from national, regional and international sources.
Integrated Database of Trade Disputes for Latin America and the Caribbean
(http://idatd.eclac.cl/controversias/index_en.jsp) provides simultaneous searching of
trade disputes in the WTO, MERCOSUR, NAFTA, CARICOM, Andean Community, and
CACM.
VI. GOVERNANCE
Governance refers to the rules that guide the behavior of corporations, shareholders, and
managers, as well as to governmental regulation that support and enforce those rules.
Corporate governance is concerned with rules of business behavior and strives to move
corporate and economic entities from relationship-based systems to rules-based systems. Good
government and anti-corruption initiatives focus on creating a fair and equitable world economic
order for all players.
Good Governance Program (http://ita.doc.gov/goodgovernance/)

This program site from the ITA, US Dept. of Commerce, has resources focusing on promoting
the rule of law in business. Areas addressed include transparency through business ethics and
anti-corruption, accountability in corporate governance, fairness in dispute resolution and
protection of intellectual property rights. Examples of publications Include: Business Ethics: A
Manual for Managing a Responsible Business Enterprise in Emerging Market Economies
(http://www.ita.doc.gov/goodgovernance/business_ethics/manual.asp) and Russia Corporate
Governance Manual (http://ita.doc.gov/goodgovernance/CorpGovManual.asp).
The IMF and Good Governance (http://www.imf.org/external/np/exr/facts/gov.htm)

An informational page from the International Monetary Fund (IMF) focusing on good governance
and ethics in government. Scroll down for Code of Good Practices on Fiscal Transparency.
ICC Corporate Governance (http://www.iccwbo.org/corporate-governance/)

The International Chamber of Commerce (ICC) offers information for the business practitioner
related to governance impact on international business and trade. Includes guides to basic
governance resources and links to standards, codes and news.
OECD - Corporate Governance (http://www.oecd.org/corporate/)

The OECD site contains links to publications and reports on corporate governance, corporate
responsibility, accounting reform, privatisation, and multinational enterprises to name a few.
Information can be accessed by country, topic or type of document. Notable publications include
OECD Principles of Corporate Governance: 2004 and the OECD Guidelines on Corporate
Governance of State-Owned Enterprises.
Transparency International (TI) (http://www.transparency.org/)

TI is a global organization that works with governments, the media, and private organizations to
combat corruption. "What We Do" offers resources by topic, country, research, publications, and
tools.
VII. INTERNATIONAL DEVELOPMENT LAW

International development organizations aim to promote social and economic development
through program and financial assistance to developing countries. The websites of development
organizations have links to press releases, documents, publications and information from
member countries.
A. REGIONAL DEVELOPMENT
Asian Development Bank (ADB) (http://www.adb.org/)
The ADB was founded in 1966 to promote the social and economic progress of the
Asian and Pacific region. The News & Events link has press releases, transcripts and
periodicals. The Focus Areas link includes resources on anticorruption and money
laundering, governance, labor markets, social protections, and law & policy reform.
Publications also available.
European Bank for Reconstruction and Development (EBRD)

(http://www.ebrd.com/)
The EBRD was established in 1991 to foster the transition to market economies in the
countries of central and eastern Europe and the Commonwealth of Independent States
(CIS). The EBRD is owned by 64 countries and two intergovernmental institutions and
aims to implement economic reforms, promote competition and privatization. Under
Publications (http://www.ebrd.com/news/publications.html), the EBRD site has
investment reports for the countries of operation, a working papers series, and
periodicals.
Inter-American Development Bank (IADB) (http://www.iadb.org/)

Established in 1959 to support economic development in Latin America and the
Caribbean. Information arranged by countries, topics, projects, research and
publications.
Islamic Development Bank (IDB) (http://www.isdb.org/)

Established in 1973, with its main objective to foster economic development and social
progress, the Bank finances productive projects and programs in both the public and
private sectors of member countries. The present membership of the IDB consists of 56
member countries spread over four continents: Africa, Asia, Europe and Latin America.
United Nations - Department of Economic and Social Affairs

(http://www.un.org/en/development/desa/index.html)
The home pages of these regional commissions provide information about the activities
of their governing bodies, projects of the regional commission, texts of documents, and
news.
Economic Commission for Africa (ECA) (http://www.uneca.org/)
Economic Commission for Europe (ECE) (http://www.unece.org/)
Economic Commission for Latin America and the Caribbean (ECLAC)

(http://www.eclac.org/default.asp?idioma=IN)
Economic and Social Commission for Asia and the Pacific (ESCAP)
(http://www.unescap.org/)
Economic and Social Commission for Western Asia (ESCWA)
(http://www.escwa.un.org/)
UN Centre for Trade Faciliation and Electronic Business

(http://www.unece.org/cefact)
The Economic Commission for Europe and the UN Economic has links for standards
and guidelines, electronic business, repositories and codes, and trade facilitation sites.
B. GLOBAL INITIATIVES FOR DEVELOPMENT

Group of 77 (G-77) (http://www.g77.org/)
The G-77 was established in 1964 by seventy-seven developing countries. Currently
comprised of 131 countries, the G77 is one of the largest Third World coalitions in the
United Nations, providing an avenue for developing nations to promote their collective
economic interests and strengthen their negotiating capacity on international economic
issues. Major documents (http://www.g77.org/doc/docs.html) provided.
International Trade Centre (ITC) (http://www.intracen.org/)

The International Trade Centre UNCTAD/WTO is the focal point in the United Nations
system for technical cooperation with developing countries on trade promotion. An
executing agency of the United Nations Development Programme (UNDP), ITC is
directly responsible for implementing UNDP-financed trade-related projects in
developing countries and economies in transition.
International Centre for Trade and Sustainable Development (ICTSD)

(http://www.ictsd.org/)
The International Centre for Trade and Sustainable Development (ICTSD) is an
independent, non-profit and non-governmental organization, established in 1996, that
aims to promote better understanding of development and environmental issues within
the arena of international trade. BRIDGES, Weekly Trade News Digest (1997- )
(http://ictsd.net/news/bridgesweekly/) is a newsletter that provides a review of trade-
related articles and information on sustainable development.
United Nations Industrial Development Organization (UNIDO) (http://www.unido.org)

Established in 1966, UNIDO is the specialized United Nations agency that assists
developing countries and transition economies to achieve sustainable industrial
development. Topics covered include industrial governance, investment and technology
promotion, trade, private sector industries, agro-industries, sustainable energy and
environmental management. The Industrial Development Abstracts Database
(http://www.unido.org/ida.html) is searchable and contains over 22,000 abstracts of
unique works including descriptions of major reports, proceedings of expert working
groups, workshops and publications in a series.
US Agency for International Development (USAID) (http://www.usaid.gov/)
Established in 1961, USAID is the independent government agency that provides
economic development and humanitarian assistance to promote US economic and
political interests worldwide. Information is arranged by location, work and policy. Locate
information by project, country, or data set.
The World Bank Group (http://www.worldbank.org/)

The World Bank, composed of the International Bank for Reconstruction and
Development (IBRD) and the International Development Association (IDA), offers
loans, advice, and other resources to over 100 developing countries. Country and topical
information is available in full-text. The World Bank - Data and Research
(http://econ.worldbank.org/) has the text of working papers on trade and economic
policy, published as part of the Policy Research Working Paper Series, world
development reports, and policy research reports. The World Bank Group: World
Development Sources (Documents and Reports) (http://www-wds.worldbank.org/) is
a web-based text search and retrieval system containing an extensive collection of full-
text World Bank reports, publications, and working papers. JOLIS - the Joint Bank-
Fund Library Network (http://jolis.worldbankimflib.org/external.htm) is the network of
the World Bank Group and International Monetary Fund libraries that work under a
cooperative collection development policy.
The World Bank Group includes the IBRD and IDA and the following agencies:
International Centre for Settlement of Investment Disputes (ICSID)

(https://icsid.worldbank.org/apps/ICSIDWEB/Pages/default.aspx)
site provides selected online decisions and awards, a bibliography of bilateral
investment treaties, and a list of parties to bilateral investment treaties are some
of the highlights of the ICSID site. Convention on the Settlement of
Investment Disputes Between States and Nationals of Other States
(https://icsid.worldbank.org/apps/ICSIDWEB/icsiddocs/Pages/ICSID-
Convention.aspx) also known as the Washington Convention is available.
International Finance Corporation (IFC) (http://www.ifc.org/)

The IFC is the largest multilateral source of loan and equity financing for private
sector projects in the developing world. Access points includes for regions,
sectors, products & services, news, research and publications.
Multilateral Investment Guarantee Agency (MIGA) (http://www.miga.org/)

MIGA was established in 1988 to encourage the flow of foreign direct investment
to its developing member countries.
VIII. PRIVATE INTERNATIONAL LAW

Private international law is also commonly referred to as conflict of laws. When dealings or
transactions between private entities take place in the international arena, private international
law is that body of conventions, model laws, and legal instruments that help to regulate these
interactions. Private international law often dictates whether the private laws of the home
country or the foreign country are applicable to cross-border transactions. Private international
law initiatives such as UNCITRAL, the Hague Conference and UNIDROIT are also working to
harmonize laws relating to transborder economic transactions.
See the Private International Law Chapter
(http://www.asil.org/sites/default/files/ERG_PRIVATE_INT.pdf) of this Electronic Resource
Guide for in-depth coverage of this topic.
A. INTERNATIONAL COMMERCIAL ARBITRATION

See the International Commercial Arbitration Chapter
(http://www.asil.org/sites/default/files/ERG_ARB.pdf) of this Electronic Resource Guide
for in-depth coverage of international commercial arbitration research.
The International Court of Arbitration, (ICC) (http://www.iccwbo.org/court/arbitration/)

The International Court of Arbitration website offers a description of the Court's services,
an introduction to arbitration, model or suggested arbitration clauses and the ICC Rules
of Arbitration (http://www.iccwbo.org/advocacy-codes-and-rules/), effective January 1,
1998.
International Commercial Arbitration & Conciliation (UNCITRAL)

(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration.html)
Links for texts of UNCITRAL Arbitration Rules (1976), Conciliation Rules (1980),
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New
York, 1958), UNCITRAL Model Law on International Commercial Arbitration (1985),
and UNCITRAL Notes on Organizing Arbitral Proceedings (1996).
B. CONVENTION ON THE INTERNATIONAL SALE OF GOODS (CISG)

The United Nations Convention on Contracts for the International Sale of Goods (CISG)
(http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html) is the international
convention that establishes a comprehensive code of legal rules governing the formation of
contracts for the international sale of goods, the obligations of the buyer and seller, remedies for
breach of contract and other contractual aspects. The Convention entered into force on January
1, 1988. Currently, the CISG is in force in 80 countries.
United Nations Commission on International Trade Law (UNCITRAL): International

Sale of Goods (CISG) and related transactions
(http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods.html)
Includes texts of CISG and related conventions.
Case Law on UNCITRAL Texts (CLOUT)

(http://www.uncitral.org/uncitral/en/case_law.html) is a database of case abstracts
derived from the CISG, and the Model Arbitration Law (MAL)
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1985Model_arbitration.html).
UNILEX on CISG & UNIDROIT Principles: International Caselaw & Bibliography

(http://www.unilex.info/)
UNILEX contains international caselaw and a bibliography on the UN Convention on
Contracts for the International Sale of Goods and the UNIDROIT Principles of
International Commercial Contracts. Each instrument includes the convention text
and contracting parties, cases (arranged by date, country, arbitral award or article/issue),
and a bibliography.
CISG-France (http://Witz.jura.uni-sb.de/CISG/)
Application of the CISG in France includes decisions from the Cour de Cassation, Cour
d'appel and the Tribunaux de première instance.
Global Sales Law (http://www.globalsaleslaw.org/index.cfm?pageID=28)

This website provides cases, materials and legal texts, focusing on the case law of the
German speaking countries: Germany, Switzerland and Austria. Also available is the
Commentary on the Draft Convention on Contracts for the International Sale of
Goods (http://www.globalsaleslaw.org/index.cfm?pageID=644) prepared by the
Secretariat, Document A/CONF.97/5. (Published: Official Records, UN DOC. A/CONF.
97/19, p. 14 - 66.)
Pace University School of Law, Pace Law Library & The Institute of International
Commercial Law (http://cisgw3.law.pace.edu/) An extensive site with an annotated
version of the CISG, a search template for caselaw, treaty texts, and scholarly
publications. A great starting point for CISG research. Autonomous Network of CISG
Websites(http://cisgw3.law.pace.edu/network.html) has links to national CISG sites.
C. PRIVATE INTERNATIONAL LAW ORGANIZATIONS

Hague Conference on Private International Law (http://www.hcch.net/index_en.php)
The Hague Conference is an intergovernmental organization that works for the
progressive unification of the rules of private international law. This site provides the text
and status of Hague Conventions including, most notably:
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil
or Commercial Matters (1965)
(http://www.hcch.net/index_en.php?act=conventions.text&cid=17);
Convention on the Recognition and Enforcement of Foreign Judgments in Civil
and Commercial Matters (1971)
(http://www.hcch.net/index_en.php?act=conventions.text&cid=78);
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
(1970) (http://www.hcch.net/index_en.php?act=conventions.text&cid=82).
International Institute for the Unification of Private Law (UNIDROIT)
(http://www.unidroit.org)
UNIDROIT is an international organization dedicated to the harmonization of private
international law. This site includes the texts of UNIDROIT conventions notably the 1983
Convention on Agency in the International Sale of Goods, the 1988 UNIDROIT
Convention on International Financial Leasing (Ottawa), and the 1988 UNIDROIT
Convention on International Factoring (Ottawa).
The UNIDROIT Principles 2010 - Principles of International Commercial Contracts
(http://www.unidroit.org/english/principles/contracts/main.htm) page has the text of the
2010 Principles containing new provisions on restitution in case of failed contracts,
illegality, conditions, and plurality of obligors and obligees.
Private International Law Database - US Department of State

(http://www.state.gov/s/l/c3452.htm)
This website is maintained by the Office of the Assistant Legal Adviser for Private
International Law (L/PIL) at the US Department of State. The Office collects treaties,
other international instruments, and information on private international law topics such
as trade and commerce, finance and banking, trusts and estates, family and children
matters, and international judicial assistance. This site includes draft documents from the
UN Commission on International Trade Law (UNCITRAL), the Hague Conference on
Private International Law, the International Institute for the Unification of Private Law
(UNIDROIT) and the Organization of American States. A permanent electronic archive
(http://www.state.gov/www/global/legal_affairs/private_intl_law.html) of information
released prior to January 20, 2001 is available.
IX. INTERNATIONAL BUSINESS REGULATION

Antitrust/competition, the environment, electronic commerce, and taxation are only a few of the
issues of international economic activity that are subject to regulation. The resources of
regulation include national laws, government agency rules, policies, guidelines, and the status
of a country in relation to pertinent treaties or international conventions.
A. COMPETITION
APEC Competition Policy and Law Database (http://www.apeccp.org.tw/)
This database is a source for competition laws and policies of APEC members.
Information arranged by category or member country including competition laws,
administrative procedures, decisions of administrative agencies, judicial cases and
cooperative arrangements.
European Commission - Competition (http://ec.europa.eu/competition/index_en.html)

Reports, legislation, cases, and statistics are arranged under the following policy areas:
Antitrust, Cartels, Mergers, Liberalisation, State Aid, and International. See also the
Agreement between the European Communities and the United States on the
Application of Positive Comity Principles in the Enforcement of their Competition
Laws (http://ec.europa.eu/comm/competition/international/bilateral/usa.html).
Competition Policy, OAS

(http://www.sice.oas.org/compol/com_pol.asp)
Provides links to competition legislation for countries in the Western Hemisphere and
links for global competition agencies.
International Competition Network (ICN)

(http://www.internationalcompetitionnetwork.org/)
The ICN provides a forum for antitrust authorities worldwide to discuss convergence in
competition policy. Topics covered include competition, cartels, and mergers. An
extensive document library is available.
OECD - Competition Law and Policy (http://www.oecd.org/competition/)

The Committee on Competition Law and Policy discusses current issues confronting
national competition authorities. Reports and analyses by the Committee are available.
Competition issues are addressed vis-a-vis law enforcement, trade, industry sectors,
and government regulation. Annual reports
(http://www.oecd.org/daf/competition/annualreportsbycompetitionagencies.htm) are
available from 1994 to the present and summarize important developments in
competition policy and the enforcement of competition legislation in OECD countries.
UNCTAD Competition and Consumer Policies

(http://unctad.org/en/Pages/DITC/CompetitionLaw/Competition-Law-and-Policy.aspx)
A sub-site of the United Nations Conference on Trade and Development includes the
Model Law on Competition (http://unctad.org/en/Pages/DITC/CompetitionLaw/The-
Model-Law-on-Competition.aspx). Select National Competition Legislation
(http://unctad.org/en/Pages/DITC/CompetitionLaw/National-Competition-
Legislation.aspx) for competition links, competition legislation, and handbooks.
US Department of Justice, International Program

(http://www.justice.gov/atr/public/international/index.html)
Includes US submissions on competition policy, guidelines, and antitrust sites worldwide.
Antitrust Cooperation Agreements (http://www.justice.gov/atr/public/international/int-
arrangements.html)
Include the text of antitrust competition agreements the US has completed with 12
nations and the European Union.
B. ELECTRONIC COMMERCE
Digital Economy (ICC)
(http://www.iccwbo.org/about-icc/policy-commissions/digital-economy/)
The International Chamber of Commerce provides reports, news items, rules, and policy
statements and reports.
Electronic Commerce in the WTO
(http://www.wto.org/english/tratop_e/ecom_e/ecom_e.htm)
Includes working papers and documents discussing electronic commerce issues in the
context of the Uruguay Round Agreements and the WTO.
Safe Harbor Privacy Principles, US Department of Commerce

(http://export.gov/safeharbor/eu/eg_main_018475.asp)
The Safe Harbor Privacy Principles were negotiated between the US Department of
Commerce and the European Commission to allow US organizations to satisfy the
requirements of the European Commission's Directive on Data Protection and ensure
that personal data flows to the United States are not interrupted. The safe harbor
framework bridges the differences between the EU and US approaches to privacy
protection.
UNCITRAL Model Law on Electronic Commerce with Guide to Enactment (1996)

(http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/1996Model.html)
Text of model law with additional article 5 bis as adopted in 1998. The Guide to
Enactment of the UNCITRAL Model Law on Electronic aims to assist governments in
enacting and interpreting the model law.
UNCITRAL - Working Group on Electronic Commerce

(http://www.uncitral.org/uncitral/en/commission/working_groups/4Electronic_Com
merce.html)
Includes texts of recent documents of UNCITRAL and its working groups (1997
to present).
C. ENVIRONMENT
See also the International Environmental Law Chapter
(http://www.asil.org/sites/default/files/ERG_ENVIROMENT.pdf) of this Electronic
Resource Guide for in-depth coverage of this topic.
CIESEN - Center for International Earth Science Information Network, Columbia

University (http://www.ciesin.org/)
Established in 1989 as a non-profit, non-governmental organization, CIESEN provides
the ENTRI-Environmental Treaties and Resource Indicators Service
(http://sedac.ciesin.org/entri/) and thematic guides.
The ENTRI Conference of Parties (COP) decision search tool
(http://sedac.ciesin.columbia.edu/gsametasearch/cop_start.jsp) provides decisions
produced by the parties of major multilateral environmental agreements.
Commission for Environmental Cooperation (CEC) (http://www.cec.org)

CEC members are Canada, Mexico and the United States. Created under the North
American Agreement for Environmental Cooperation (NAAEC)
(http://www.cec.org/Page.asp?PageID=1226&SiteNodeID=567), this agreement
complements the environmental provisions of NAFTA.
Globelaw - International and Transnational Law (http://www.globelaw.com/)

Categories include multilateral conventions, oceans, climate, biodiversity, nuclear
weapons, toxics and national legal resources.
United Nations Environment Programme (http://www.unep.org/)

Information is accessible either by issue (for example, climate change, energy,
biodiversity, environmental law) or by user group (governments, scientists, business
persons, journalist, civil society). ECOLEX (http://www.ecolex.org/index.php), operated
jointly by FAO, IUCN and UNEP, is a database providing a comprehensive source of
environmental law.
D. TAXATION
US Income Tax Treaties (http://www.irs.gov/Businesses/International-

Businesses/United-States-Income-Tax-Treaties---A-to-Z)
Text of bilateral tax treaties to which the US is a party. Technical explanation included
with some treaties.
Office of International Programs - US Social Security Administration

(http://www.ssa.gov/international/)
This Office provides the text of US bilateral social security agreements with 25 countries,
eliminating dual Social Security coverage and taxes.
Social Security Programs Throughout the World

(http://www.ssa.gov/policy/docs/progdesc/ssptw/index.html)
Provides a summary of principal features of social security programs in more than 170
countries.
Tax and Accounting Sites Directory - International Tax

(http://www.taxsites.com/international.html)
An extensive collection of tax links.
X. INTELLECTUAL PROPERTY LAW

See also the International Intellectual Property Law Chapter
(http://www.asil.org/sites/default/files/ERG_IP.pdf) of this Electronic Resource Guide for
in-depth coverage of this topic.
European Patent Office (http://www.european-patent-office.org/index.htm)

Select Official Communications for text of the Official Journal, EPO annual reports (1995
forward), and decisions of the administrative council, legal texts, and publications
including case law of the Boards of Appeal. Select Toolbox for Applicants for forms and
information for filing a patent.
US Patent and Trademark Office (http://www.uspto.gov/)

Extensive information including documents, forms, and links for intellectual property
offices worldwide (http://www.uspto.gov/web/menu/other.html).
World Intellectual Property Organization (WIPO) (http://www.wipo.org)

Select "IP Services" for text of the Patent Cooperation Treaty (PCT)
(http://www.wipo.int/pct/en/texts/index.htm), regulations, and documentation. The
Intellectual Property Digital Library is a gateway to the various intellectual property
data collections currently hosted by WIPO, including Hague, JOPAL, Madrid and PCT
data. WIPO Lex (http://www.wipo.int/wipolex/en/index.jsp) is an extensive database of
national intellectual property legislation and WIPO treaties in English, French, Spanish
and Arabic. Also available is the Arbitration and Mediation Center
(http://arbiter.wipo.int/).
Trade Related Aspects of Intellectual Property Rights (TRIPS)

(http://www.wto.org/english/tratop_e/trips_e/trips_e.htm) contains information on
intellectual property in the WTO, including the text of the TRIPS agreement
(http://www.wto.org/english/docs_e/legal_e/27-trips.pdf), the negotiating documents on
TRIPS, news and disputes concerning the agreement.
Franklin Pierce Intellectual (IP) Mall Homepage (http://ipmall.info)

This site offers a variety of intellectual property resources and hot links.
XI. LOCATING LITERATURE
A. ONLINE BIBLIOGRAPHIC CATALOGS

The online catalog of your law library is a valuable gateway to resources in international
economic law. These catalogs enable the researcher to search for books, electronic
subscriptions, conference proceedings, journals, government documents, and proceedings of
international bodies and IGOs.
Web-based Catalogs
The following websites link to web based library catalogs of research, university, law and public
libraries.
Library of Congress Online Catalog (http://catalog.loc.gov/)
WorldCat (http://www.worldcat.org/)
LibDex (http://www.libdex.com/country.html)
Geographic arrangement of web library catalogs from around the world.
Online library catalogs provide a powerful tool for identifying books, periodicals, conference
proceedings and documents issued by private parties, organizations and government agencies.
These publications can be searched using a variety of access points, including title, keyword,
author, or subject. Web-based catalogs enable the researcher to select the access point or field
in which to search. Many of these catalogs also offer a "Guided search" or an "Advanced
search" option that permits the researcher to customize the combination of names, keywords,
phrases, or subjects. This is especially useful when only partial or incomplete information is
known about a publication. Suggestions for optimizing search strategies are described below.
A Title search generally works with exact title. If title searching retrieves "No Records,"
try a keyword search.
A Keyword search is the most flexible approach as terms can be combined to search for
keywords in the title, author, subject or other field. For basic searches, web based online
catalogs enable the researcher to select the field (such as title, author, keyword) in
which they wish to search for particular keywords. A great advantage of web based
catalogs is the ability to build a search query. Many catalogs have a guided or advanced
keyword search option, which provides a template for filling in keywords. Most online
catalogs permit the use of Boolean connectors (and, or, not) with keyword searching.
Check the help screen of your online catalog for search tips. Web based catalogs also
enable the researcher to link to other related entries in the library's collection.
An Author search can include names of individuals or names of organizations.

Examples of organizations or institutions as authors:
● European Commission
● Organization of American States
● World Intellectual Property Organization
A Subject search requires use of exact Library of Congress Subject Headings. These
subject headings can also be subdivided geographically as indicated below. Some
suggested headings for international economic law include:
● International economic integration

● Dispute resolution (Law)-International aspects
● International business enterprises
● Commercial law-Germany
● Investments, Foreign-United States
● Intellectual Property (International Law)
● Export sales contracts
● Customs administration-Law and legislation
● Foreign trade regulation-Japan
Remember that terminology differs in the international and foreign law arena. For
example, topics such as competition, antitrust, and restraint of trade describe the same
general area of law. Additionally American-English and British-English will have spelling
variations resulting in different search results. Most English language material generated
outside of the United States will use British-English spelling. All spelling variations need
to be tried for the most comprehensive search. Examples include: labor/labour or
organization/organisation.
Specialized Online Catalogs:
An organization's website may have a link for searching that organization's library or
document collection. Several notable examples are below.
JOLIS - Welcome to the Joint Bank-Fund Library Network

(http://jolis.worldbankimflib.org/external.htm)
The World Bank Group and International Monetary Fund libraries work under a
cooperative collection development policy, and each library in the network focuses on a
subset of the information needs of the World Bank Group and International Monetary
Fund.
United Nations Dag Hammarskjöld Library (http://www.un.org/Depts/dhl/)

UNBISnet permits searching by author, title, subject, or UN number. United Nations
Documentation: Research Guides (http://research.un.org/en/docs/) present an
overview of the various types of documents and publications issued by the UN.
B. PERIODICAL LITERATURE
Journal and periodical articles can often be a rich source of information on international
economic law issues, particularly "hot" or current issues. Remember that online library
catalogs search for titles of journals, and periodical indexes search for authors and titles
of individual articles.
Several collections of scholarly articles focusing on the social sciences are accessible
online free. These specialized collections of full-text research include journal articles,
working and accepted papers series. Two of the most prominent are the Social Science
Research Network (SSRN) and the Berkeley Electronic Press (bepress).
The Social Science Research Network (SSRN) (http:www.ssrn.com) aims to

disseminate social science research and has a number of specialized research networks
in each of the social sciences. The database of research is searchable or browseable.
The Berkeley Electronic Press (bepress) (http:www.bepress.com) publishes peer-

reviewed journals, working papers, and other scholarly information in the fields of social
sciences and the sciences. Bepress is searchable and browseable.
Several journals are devoted exclusively to international economic law. For example, the
website of the Journal of International Economic Law (http://jiel.oxfordjournals.org)
published by Oxford University Press provides the table of contents and selected articles
free of charge starting with Volume 1 (1998). The website of the University of
Pennsylvania Journal of International Law
(https://www.law.upenn.edu/journals/jil/issues.php) provides full text articles. Coverage
includes Journal of Comparative Corporate Law and Securities Regulation (Vols. 1-4),
Journal of Comparative Business and Capital Market Law (Vols. 5-8), University of
Pennsylvania Journal of International Business Law (Vols. 9-16), University of
Pennsylvania Journal of International Economic Law (Vols. 17-28), and University of
Pennsylvania Journal of International Law (Vols. 29-present).
HeinOnline (http://home.heinonline.org/)
Subscription service available in many law libraries offers more than 2,000 law
and law-related periodicals, treaties, and international law documents.
Current Index to Legal Periodicals (CILP)

(http://lib.law.washington.edu/cilp/cilp.html), published by the Marion Gould
Gallagher Law Library, University of Washington, is a weekly index to very recent
periodical literature. Also available on Westlaw: (CILP).
Index to Foreign Legal Periodicals (IFLP)

(http://www.law.berkeley.edu/library/iflp/)
Published by the William S. Hein & Co. for the American Association of Law
Libraries. IFLP is a multilingual index to over 500 journals focusing on
international law (public and private), comparative law, and the municipal law of
countries other than common law jurisdictions. IFLP is available in print and on
HeinOnline as a subscription service.
LegalTrac (http://www.cengage.com) is a web-based product that indexes

approximately 1200 law reviews, legal newspapers, bar association journals, and
specialty publications from the United States, Canada, the United Kingdom,
Ireland, Australia, and New Zealand. Available on Westlaw Classic: LRI
(database). The print version is called Current Law Index. Coverage begins in
1980.
Index to Legal Periodicals & Books (ILP)

(http://www.ebscohost.com/academic/index-to-legal-periodicals-books) (New
York, NY: H.W. Wilson Co., 1926-). ILP indexes over 1025 legal journals from the
United States and other common law jurisdictions.
IngentaConnect (http://www.ingentaconnect.com/)
Ingenta, formerly UnCover, is a database of current article information taken from
over 15,000 multi-disciplinary journals. Limited searching is free and hits contain
brief descriptive information, some with abstracts. Full-text articles are available
for a fee.
XII. RESEARCH GUIDES, REFERENCE MATERIALS, BLOGS AND STATISTICS

This section includes additional research guides, directories, business information sources,
blogs and statistical information.
Electronic Information System for International Law (EISIL) (http://www.eisil.org/)

EISIL is a freely available database of authenticated primary law, documents, and web
sites on topics including economic law, human rights, criminal, environmental law,
international dispute resolution, communications and transport, air, space, water, and
general international law resources. EISIL links to primary documents, such as treaties
and other international instruments. Additional information is provided on each
instrument, including print citations and relevant dates. EISIL guides users to the "best
sites" for certain topical areas or kinds of research: websites that have been examined
by experts and measured against certain standards, such as currency, stability,
authenticity, comprehensiveness and so on. EISIL also provides links to recommended
research guides that assist researchers in exploring their topics of interest more widely.
The database is browseable through a broad framework of subject areas as well as
searchable using a targeted search engine.
ASIL Human Rights Chapter (http://www.asil.org/sites/default/files/ERG_HUMRTS.pdf)

This Electronic Resource Guide chapter presents an extensive treatment of human
rights research with links to primary law, secondary law, and suggestions on starting
your human rights research. Human rights and international economic law have been at
a crossroads for decades. Issues such as labor rights, child labor, treatment of women,
minorities and indigenous peoples, and basic human rights are critical to any discussion
of international economic activity.
ASIL International Criminal Law Chapter

(http://www.asil.org/sites/default/files/ERG_CRIM.pdf)
This Electronic Resource Guide chapter offers references to resources in cybercrime,
organized crime and narcotics, environmental crime, and money laundering.
ASIL International Organizations Chapter

(http://www.asil.org/sites/default/files/ERG_IO.pdf)
This Electronic Resource Guide chapter offers references to basic research tools,
representative intergovernmental organizations (IGO) and non-governmental
organizations (NGO).
Society of International Economic Law (http://www.sielnet.org) is a new organization
for academics world-wide interested international law. Conference papers
(http://www.ssrn.com/link/SIEL-Inaugural-Conference.html) are available from the
inaugural conference in 2008.
Basic Documents of International Economic Law (BDIEL), by Stephen Zamora and
Ronald A. Brand, was originally published as two bound volumes in 1990 (Chicago:
CCH). BDIEL is a project of the ASIL International Economic Law Interest Group. BDIEL
covers the regulation of international trade, finance and foreign investment; the
protection of intellectual property rights; regional economic organizations; instruments
governing private commercial transactions, international litigation and arbitration;
transportation; and taxation. The online version of BDIEL has been temporarily
suspended per the vendor's request.
Lex Mercatoria.org (http://www.lexmercatoria.org)

Lex Mercatoria is dedicated to the provision of information on international commercial
law and currently hosted by the University of Oslo in fellowship with the Institute of
International Commercial Law of Pace University School of Law. Lex Mercatoria
provides an extensive subject arrangement of international trade law web resources.
Topics covered include international economic law, international tax, financial regulation,
international commercial arbitration, international trade, private international commercial
law, maritime law, intellectual property, and electronic commerce.
Directory of Economic, Commodity and Development Organizations

(http://www.imf.org/external/np/sec/decdo/about.htm)
An alphabetical listing of economic, commodity and development organizations,
including addresses, telephone numbers, URLs, and descriptions of organizations.
Produced by the staff of the International Monetary Fund (IMF).
Encyclopedia of Law and Economics (http://encyclo.findlaw.com)

Published by Edward Elgar and the University of Ghent, the Encyclopedia provides a
bibliographic survey of law and economics literature in both English and non-English
language journals. Headings include private property; tort and unjust enrichment;
general contract law; regulation of contracts; tax law, social security and administrative
law; civil and criminal procedure; criminal law, economics of crime and law enforcement;
and production of legal rules. (No longer updated.)
globalEDGE - International Business Resources on the WWW

(http://globaledge.msu.edu/ibrd/ibrd.asp)
From Michigan State University - Center for International Business Education and
Research (CIBER), this extensive guide contains links to resources in the following
categories: news/periodicals, research, trade, money, reference and other resources.
International Legal Materials - ASIL

(http://www.asil.org/resources/international-legal-materials)
Published bimonthly since 1962, International Legal Materials is often the first place an
international economic law document becomes available. The Table of Contents from
the International Legal Materials from January 1999 is available on the Internet. Full-text
documents are available in print, and in WESTLAW: ILM, and LEXIS: INTLAW / ILM.
Max Planck Institute for Comparative Public Law and International Law
(http://www.mpil.de/ww/en/pub/news.cfm)
Mondaq Business Briefing (http://www.mondaq.com)

Extensive coverage of legislation and regulations, foreign investment information, and
worldwide business news. Information is supplied by leading professional organizations.
A free, searchable site requiring registration for use.
Peace Palace Library Bibliographies

(http://www.peacepalacelibrary.nl/tag/bibliography/) includes international investment,
cultural heritage and the World Trade Organization among others.
Transnational Law Database (TLDB) (http://www.trans-lex.org)

Focusing on transnational commercial law, this database is a constantly updated list of
rules and principles of lex mercatoria. Each principle and rule is followed by the black
letter text and comprehensive references taken from arbitral awards and decisions,
domestic statutes, international conventions, standard contract forms, and trade
practices.
WorldTradeLaw.net (http://www.worldtradelaw.net/)
A portal to international trade law resources. The free portion of the site includes primary
source documents related to international trade law, a full-text search engine for
GATT/WTO decisions, a collection of links, and a discussion forum. The subscriber
portion includes dispute settlement commentaries.
WTO/GATT Research (http://nyulaw.libguides.com/wto_gatt)

An extensive research guide on the World Trade Organization and its predecessor
system under the 1947 General Agreement on Tariffs and Trade.
International Economic Law and Policy Blog

(http://worldtradelaw.typepad.com/ielpblog/) covers international economic law in the
world community. Over twenty commentators contribute to this blog maintained by
WorldTradeLaw.net.
STATISTICS
Bureau of Economic Analysis (BEA) (http://www.bea.gov/)

The Bureau of Economic Analysis (BEA) is an agency of the US Department of
Commerce, also known as the nation's accountant. Data is grouped into the following
categories: national, international, regional, and industry. Data covers balance of
payments, foreign investment, exports and imports, US and foreign direct investment.
International Economic Accounts (http://www.bea.gov/international/index.htm)
collects and analyzes data on US direct investment abroad and foreign direct investment
in the US and provides texts of many documents online.
EUROSTAT - Statistical Office of the European Communities

(http://ec.europa.eu/eurostat/help/new-eurostat-website)
Search or browse for statistics by theme.
Office of Trade and Economic Analysis (OTEA), US Department of Commerce

(http://www.trade.gov/mas/ian/)
A service of the International Trade Administration that includes US foreign trade
statistics.
United Nations, Index to Economic and Social Development - Statistics

(http://www.un.org/esa/subindex/wb1510.htm)
A collection of UN statistical sites dealing with development and trade.
WTO - International Trade Statistics (http://www.wto.org/english/res_e/statis_e/statis_e.htm)

The site provides access to an interactive statistics database, the annual publication:
International Trade Statistics (2000-2010), manuals, press releases, and links to other statistical
sources.
This page was last updated on May 2, 2015.

e - RG

International

Environmental Law

Anne Burnett


T
teachers, practitioners and researchers as a self-guided tour of relevant, quality, up-
to-date online resources covering important areas of international law. The ERG
also serves as a ready-made teaching tool at graduate and undergraduate levels.

2

I. Introduction

II. Overview

III. General Search Strategies

IV. Primary Sources

V. Secondary Sources

VI. Other Related Sites

VII. Online Discussion Lists

I. INTRODUCTION

This chapter of the ASIL Guide to Electronic Resources for International Law discusses
electronic resources for international environmental law. The types of resources covered
emphasize the Internet but also include CD-ROMs, library catalogs, and on-line
subscription/commercial services. The emphasis here is on English-language sources. Although a
number of primary and secondary sources are discussed below, the rapidly expanding list of
electronic resources in this field precludes any
claim to this being an inclusive guide. With that in mind, search strategies for conducting
research in this area are included in Section III.

II. OVERVIEW OF INTERNATIONAL ENVIRONMENTAL LAW

When attempting to determine the boundaries of international environmental law, no clear
definition can be applied. Like many other branches of international law, international
environmental law is interdisciplinary, intersecting and overlapping with numerous other
areas of research, including economics, political science, ecology, human rights and
navigation/admiralty.

Until the late 1960s, most international agreements aimed at protecting the environment served
narrowly defined utilitarian purposes. Alexandre C. Kiss and Dinah Shelton, Guide to
International Environmental Law (Leiden; Boston: Martinus Nijhoff Publishers, c2007) at p.
3
32. Beginning with the 1972 Stockholm Declaration of the United Nations Conference on the
Human Environment (linked from
http://www.unep.org/Documents/Default.asp?DocumentID=97), however, international
agreements came to reflect a desire to limit damages to the environment. These international
agreements paralleled national legislation which increasingly sought to preserve the
environment.

International environmental law encompasses a diverse group of topics, including:

● climate change (United Nations Framework Convention on Climate Change and
the Kyoto Protocol on Global Warming
(http://unfccc.int/essential_background/convention/items/2627.php),

● sustainable development (The Rio Declaration on Environment and
Development http://www.unep.org/documents/default.asp?documentid=78),

● biodiversity (Convention on Biological
Diversity
http://www.biodiv.org/convention/articles.asp,

● transfrontier pollution (Convention on Long-Range Transboundary Air
Pollution http://www.unece.org/env/lrtap/lrtap_h1.html,

● marine pollution (Convention on the Prevention of Marine Pollution by Dumping
of Wastes and Other Matter
http://www.imo.org/OurWork/Environment/SpecialProgrammesAndInitiatives/Pages/Lo
nd on-Convention-and-Protocol.aspx),

● endangered species (Convention on International Trade in Endangered Species
(CITES)) http://www.cites.org/eng/disc/text.php

● hazardous materials and activities (Basel Convention on the Control
of Transboundary Movements of Hazardous Wastes and Their Disposal
http://www.basel.int/text/documents.html)

● cultural preservation (Convention Concerning the Protection of the World Cultural
& Natural Heritage, http://whc.unesco.org/en/conventiontext/),

● desertification (United Nations Convention to Combat
Desertification http://www.unccd.int/), and

● uses of the seas (United Nations Convention on Law of the Sea (UNCLOS)
4
http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.htm)

Recommended treatises on international environmental law include:
● Daniel Bodansky, The Art and Craft of International Environmental Law,

Cambridge, Mass.: Harvard University Press, 2011.
http://www.worldcat.org/oclc/734009910

● Patricia Birnie, Alan Boyle, and Catherine Redgwell, International Law and
the Environment, 3rd ed., Oxford; New York: Oxford University Press, 2009.
(http://www.worldcat.org/oclc/441113838)

● Daniel Bodansky, The Oxford Handbook of International Environmental
Law, Oxford; New York: Oxford University Press, 2007.

● Alexandre Charles Kiss and Dinah Shelton, Guide to International
Environmental Law, Leiden; Boston: Martinus Nijhoff Publishers, c2007.

III. GENERAL SEARCH STRATEGIES

Researchers in this field must remain cognizant of the multiple sources for international
environmental law. In addition to international agreements (treaties, conventions, etc.), the
researcher should consider the relevance of national environmental laws, regulations and policy
statements. Reports and documents issued by multinational and non-governmental
organizations also play an important role in shaping and defining international environmental
law. These myriad resources can be difficult to identify, much less to obtain, in full text.
Flexibility, creativity and familiarity with helpful research tools can make this process less
confusing. Tips on using some of these tools follow:

a. Online library catalogs

One of the best places to start research in international environmental law is with the catalog in
your local library or law library. A number of these catalogs are now online and can be searched
from all over the world.

Many law library online catalogs, especially in the United States, use the Library of Congress
(LC) (http://www.loc.gov) classification system (outline at
http://www.loc.gov/catdir/cpso/lcco/).

5
For general or comparative publications on international environmental law, try the subject
heading
ENVIRONMENTAL LAW--INTERNATIONAL.

More specific subject headings include CLIMATIC CHANGES, MARINE
POLLUTION, NATURAL RESOURCES, RADIOACTIVE POLLUTION OF THE
SEA, SHORE PROTECTION, SUSTAINABLE DEVELOPMENT,
TRANSBOUNDARY POLLUTION, WILDLIFE CONSERVATION.

Tip: For the most flexible search queries, try your library catalog's KEYWORD search function.

In addition to searching your local law library's online catalog, you can search for materials in
other libraries by using WorldCat (http://www.oclc.org/en-US/worldcat.html), a merged
electronic catalog of thousands of libraries worldwide. WorldCat contains over a billion records.
In addition to providing bibliographic information, WorldCat lists the libraries holding the item,
one of which
may be near you or willing to loan the item to you via Interlibrary Loan at your public
library. b. Periodical indexes
Periodical articles are particularly useful in researching current issues in international

environmental law. In addition, articles can provide useful overviews of the subject as well as
citations to relevant primary and secondary sources. Numerous tools exist which index
periodicals containing articles about international environmental law. Some legal journals are
now available on the Web in full text. For more about those focusing on international
environmental law, see Periodicals under Secondary Resources in section V below.

The Legal Resources Index (LRI) (Farmington Hills, MI: Gale Group, 1980-) is available in
CD- ROM and on the Web under the title LegalTrac. LRI can also be found on LEXIS and
WESTLAW if the subscriber's library also subscribes to the CD- ROM or Web version. LRI is
updated monthly and indexes over 1500 legal periodicals. For subscription information, see
http://www.gale.cengage.com/pdf/facts/legal.pdf.

The Index to Legal Periodicals & Books (ILP) (New York, NY: H.W. Wilson Co., 1926-) is a
subscription index providing citations to articles in over 1100 periodicals from the U.S., Canada,
Great Britain, Ireland, Australia and New Zealand, covering all areas of jurisprudence including
international law. ILP includes records for periodicals back to 1982 plus the full text of over 470
periodicals dating back to 1981. Subscribers to the ILP Retrospective have access to records
from 1908 to 1981. For subscription information, see
https://www.ebscohost.com/documents/flyer/academic/index-to-legal-periodicals-and-books-
full-text.
6

Current Index to Legal Periodicals (CILP) is a weekly index published by the Marian Gould
Gallagher Law Library at the University of Washington. It is available electronically as well as
in paper. CILP is also available on WESTLAW. For subscription information, see
http://lib.law.washington.edu/cilp/cilp.html.

Index to Foreign Legal Periodicals (Berkeley, CA: University of California Press for the
American
Association of Law Libraries, 1960-). The IFLP is a multilingual index to articles and book
reviews in over 500 legal journals worldwide. Its scope includes international law, comparative
law and national law of jurisdictions other than the United States, United Kingdom, Canada and
Australia. IFLP is available in print and on the Web through Hein Online
(http://www.law.berkeley.edu/library/iflp/subscription.html).

The Public Affairs Information Service (PAIS) International (Bethesda, MD: CSA, 1972-)
indexes public policy literature, including periodicals, books, government documents and
reports, international agency publications, and internet material in six languages. The
references are in English, and many entries include brief contents notes. PAIS International
is available via subscription on ProQuest (http://www.proquest.com/en-
US/catalogs/databases/detail/pais-set- c.shtml). The PAIS Archive database contains records
for items dating back to 1915.

c. Research Guides and Bibliographies

● E.B. Williams Library Research Guides: International Environmental Law
(http://www.law.georgetown.edu/library/research/guides/InternationalEnvironmentalLa
w.cf m) - comprehensive research guide prepared by the Georgetown Law Library
International and Foreign Law Department.

● Hunter, et al, International Environmental Law and Policy: A Comprehensive
Reference Source (http://www.wcl.american.edu/pub/iel/index.html) was designed to be
used in conjunction with the authors' textbook, but, as a separate document, this site
provides useful links to treaties, international organizations and recent developments in
international environmental law. Annex I provides links helpful in researching
international
environmental law, Annex II lists international organizations active in international
environmental affairs, and Annex III provides a chronology of international
environmental agreements.

● Electronic Information System for International Law (EISIL) (International
Environmental Law section linked from http://www.eisil.org). In fall 2004, the American
Society of International Law launched this comprehensive database that includes a
section on international environmental law. EISIL links to primary documents, such as
7
treaties and other international instruments. Additional information is provided on each

instrument, including print citations and relevant dates. EISIL will also guide users to the
"best sites" for certain topical areas or kinds of research: Web sites that have been
examined by experts and measured against certain standards, such as currency, stability,
authenticity, and comprehensiveness. EISIL additionally provides links to recommended
research guides that assist researchers in exploring their topics of interest more widely.
The database is browseable through a broad framework of subject areas as well as

IV. PRIMARY SOURCES

The major sources of international environmental law are treaties and international agreements.
An additional source is customary international law, which is often evidenced by national
legislation, government statements, restatements of the law, and the interpretations of
international tribunals such as the International Court of Justice and other arbitral bodies. This
section lists electronic resources for these various kinds of primary sources, with an emphasis on
treaties and other types of international environmental agreements.

a. International Agreements, Declarations, Organizational Statements, Reports, Resolutions
and Like Materials

1. The United Nations and Related Organizations

Numerous entities within and related to the United Nations produce materials relevant to
international environmental law. These organizations range from divisions within the United
Nations to specialized agencies related to the United Nations. Many of these entities have a
substantive presence on the Web, providing full-text access to international agreements,
reports, resolutions, and other materials. They are arranged here alphabetically after the
official UN Web site.

The UN provides access to its Official Document System (http://www.un.org/en/documents/ods/)
as well as UNBISnet (http://unbisnet.un.org/), an online index to its documents along with
detailed voting records for General Assembly and Security Council resolutions. For a more
detailed discussion of the United Nations and the electronic resources available for researching
United Nations materials, see the United Nations Chapter of this ASIL Guide
(http://www.asil.org/sites/default/files/ERG_UN.pdf).

A. Web Sites

● United Nations Official Web Page (http://www.un.org)

8
● One of the most useful items on the UN site is its free database United
Nations Treaty Collection (http://treaties.un.org), which holds the United Nations
Treaty Series (UNTS), the Multilateral Treaties Deposited with the Secretary-
General and other useful
treaty-related resources. In addition to providing the text of many UN documents, the
UN Web site includes a directory of other UN Web sites, many of which also contain
relevant documents. Links to a number of these sites of interest to the international
environmental law researcher are included below. Use the UN Documentation Centre
(http://www.un.org/en/documents/index.shtml) as a portal to documents from all
principal organs and other UN entities.

● Climate Change Secretariat (http://unfccc.int/secretariat/items/1629.phpt)

Performs secretariat functions as set forth in the United Nations Framework Convention on
Climate Change (http://unfccc.int/essential_background/convention/items/2627.php). The
secretariat's site includes an overview of climate change; documents of the various conferences,
bodies and groups created by the international agreements; national communications; and
technical papers. In addition to the text of the Framework Convention and the Kyoto Protocol,
the site provides access to documentation to related meetings
(http://unfccc.int/meetings/items/6240.php).

• Convention on Biological Diversity Clearing-House Mechanism
(http://www.biodiv.org/chm/)

The Clearing-House Mechanism is a network of parties and partners working together to
facilitate implementation of the United Nations Convention on Biological Diversity (CBD).
The site provides access to official CBD documents, including final reports and decisions of
the Conference of Parties.

● Economic and Social Council (http://www.un.org/esa/coordination/ecosoc/)

The Economic and Social Council's charge under the UN Charter
(http://www.un.org/en/documents/charter/index.shtml) to promote conditions of economic and
social progress and development led to the creation of the United Nations Commission on
Sustainable Development (CSD) (http://www.un.org/esa/dsd/csd/csd_aboucsd.shtml) to
ensure effective follow-up of United Nations Conference on Environment and Development
(UNCED).

• Food and Agriculture Organization (FAO) (http://www.fao.org)

The FAO is a specialized agency within the United Nations system. Founded in 1945, the FAO's
9
mandate to raise levels of nutrition and improve agricultural productivity involve the
organization in issues of sustainable development and conservation of natural resources. FAO's
Catalog (http://www.fao.org/icatalog/inter-e.htm) provides bibliographic information on FAO
publications. Items can be searched by title, ISBN or Year. The catalog also provides a browable
list of subjects. The FAOLEX database (http://faolex.fao.org/faolex/index.htm) contains treaties,
national laws and regulations on food, agriculture and renewable natural resources world-wide.
FAOLEX users have direct access to abstracts and some full text materials along with indexing
information about each text.

● International Maritime Organization (IMO) (http://www.imo.org)

The IMO is the UN's specialized agency responsible for improving maritime safety and
preventing pollution from ships. The IMO served as the Secretariat for the International
Convention for the Prevention of Pollution from Ships (MARPOL)
(http://www.imo.org/About/Conventions/ListOfConventions/Pages/International-Convention-
for- the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx) in 1972 and has facilitated
adoption of numerous Annexes to that convention. The IMO site provides status information on
IMO conventions as well as depositary information. The site also includes the text of press
briefings, IMO Circulars, speeches and other documents.

● United Nations Development Programme (UNDP) (http://www.undp.org)

UNDP is the United Nations' global development network, working with countries to find
solutions to development problems. Along with the World Bank (http://worldbank.org) and
UNEP (http://www.unep.org), UNDP is a managing partner in the Global Environment Facility
(http://www.gefweb.org), which funds country efforts to address ozone depletion, global
warming, loss of biodiversity and pollution of international waters. UNDP's Web site includes
human development reports, annual reports, evaluations and other UNDP publications.

● United Nations Environment Programme (UNEP) (http://www.unep.org)

UNEP was established after the 1972 Stockholm Conference on the Human Environment.
Described as the "environmental conscience" of the UN system, UNEP has provided support in
the negotiation, adoption and implementation of several international environmental
agreements. UNEP is a co-sponsor, along with the World Meteorological Association, of the
2007 Nobel Peace Prize winning Intergovernmental Panel on Climate Change
(http://www.ipcc.ch/). The agency generates numerous reports and policy documents, many of
which are available on the Web site. UNEP and The World Conservation Union (IUCN)
(http://www.iucn.org/) have joined in an initiative called ECOLEX (http://www.ecolex.org/),
designed to provide global access to information on environmental law. ECOLEX contains
10
information on multilateral treaties, international "soft law" and related documents, instruments
of the European Union, national legislation, judicial decisions, and law and policy literature.

● World Health Organization (WHO) (http://www.who.int)

The WHO is the coordinating authority for health initiatives within the United Nations system.
The WHO proposes conventions, agreements, and regulations regarding health issues and
develops, establishes and promotes international standards concerning foods, pharmaceuticals,
and similar substances. The Web site contains a section on Public Health and Environment
(http://www.who.int/phe/en/), which includes reports and other WHO publications on
environmental health addressing such topics as indoor and outdoor pollution, chemical
safety, children's environmental health, and global environmental change.

● World Meteorological Organization (WMO) (http://www.wmo.ch)

The WMO is the United Nations specialized agency charged with providing leadership in
international cooperation in weather, climate, hydrology, water resources and related
environmental issues. Its policy-making body, the World Meteorological Congress, meets every
four years. The WMO's Secretariat includes publication and distribution of WMO publications
among its duties. The WMO Web site includes WMO statements, long-term plans, and
announcements. The WMO is a co-sponsor, along with the United Nations Environment
Programme, of the 2007 Nobel Peace Prize winning Intergovernmental Panel on Climate Change
(http://www.ipcc.ch/).

B. UN-specific CD-ROM or Web commercial products

● AccessUN (available by subscription from Newsbank
(http://www.readex.com/content/access-un) indexes United Nations documents
including Official Records, masthead documents, draft resolutions, meeting records,
UN Sales Publications, and the UN Treaty Series citations. AccessUN also includes
several thousand full-text UN documents.

2. Other Multinational Organizations

A. The Association of Southeast Asian Nations (ASEAN)

ASEAN formed in 1967 to promote economic cooperation and the welfare of the people in
the region. Although the focus thus far has been on economic cooperation, the member
states have concluded several agreements related to the environment.

11
i. ASEAN Web Sites

● ASEAN (http://www.asean.org/)

● ASEAN's official site includes ASEAN Agreements, Declarations, and
Statements from 1967 to present, plus press releases, speeches, and staff papers. The
Environment Division (http://environment.asean.org/) provides overviews of ASEAN
environmental and disaster readiness activities. The site includes links to ASEAN
environmental agreements, statements, action plans and other publications.

B. Council of Europe (COE)

Formed in 1949, the Council of Europe's main goal is to strengthen democracy, human rights
and the rule of law throughout its member states.

i. Council of Europe Web Sites

● Council of Europe (http://hub.coe.int/)

The Council of Europe's official site contains numerous documents, including international
agreements. Environmental agreements can be located using the site's full-text searching
function at http://conventions.coe.int/. Examples of environmental agreements coming out of the
Council of Europe are: Convention on the Conservation of European Wildlife and Natural
Habitats and Convention on Civil Liability for Damage Resulting from Activities Dangerous to
the Environment.

C. European Union (EU)

The European Union, (used here as an umbrella term encompassing several communities,
including the European Coal & Steel Community, European Economic Community, and the
European Communities), was created after World War II to unite the nations of Europe
economically. From its initial membership of six European nations, the EU has grown to include
28 nations, and several more have applied for membership. Although initially framed as an
economic union, the EU is becoming a cultural and social union in many ways. Concern for the
environment is among its members' united concerns.

i. EU Web Sites

● Europa (http://europa.eu)

Europa is the EU’s official Web site. The site is extensive and comprehensive, including many
free, full-text documents. Europa provides access to its legal documents through EUR-Lex
(http://eur-lex.europa.eu/homepage.html?locale=en), the official portal to EU law. EUR-Lex
12
allows searching in a number of fields as well as by browsing. The EU's Environment policy
page (http://ec.europa.eu/environment/index_en.htm) provides access to press releases,
environmental action programs, studies, reports, environment fact sheets, newsletters, speeches,
statistics, a calendar of events, and information about member state implementing legislation.
The Commission’s Directorate General for Climate Action (http://ec.europa.eu/clima/) provides
access more specifically to publications related to climate change.

● Directorate-General for the Environment
(http://ec.europa.eu/dgs/environment/index_en.htm).

This Directorate-General is the body within the European Commission (http://ec.europa.eu/)
responsible for ensuring that Member States comply with EU environmental law. The site
contains a selection of recent Environment Directorate General proposals, fact sheets on air
quality and waste, speeches, numerous newsletters and various other publications. The Web site
also includes information about the EU's Eco-label Programme
(http://ec.europa.eu/environment/ecolabel/index_en.htm), which serves the primary purpose of
stimulating the supply and demand of products with a reduced environmental impact.

● European Environment Agency (EEA) (http://www.eea.europa.eu/)

Created by Council Regulation (EEC) No. 1210/90, the EEA's aims are to provide information
which can be directly used in the implementation of EU environmental policy. Although an
entity of the European Union, the EEA's membership is open to non-Member countries that
share the agency's concerns. Many full-text PDF documents are available, along with summaries
of additional documents. The EEA, in partnership with the European Commission’s Directorate-
General for the Environment, provides the Biodiversity Information System for Europe (BISE)
(http://biodiversity.europa.eu/info), which serves as a single entry point for data and information
on biodiversity in Europe. BISE also serves as the Clearing House Mechanism for the EU within
the context of the United Nations Convention on Biological Diversity
(http://www.cbd.int/convention/articles/default.shtml).

● European Environmental Law Network (http://www.eel.nl)

Based in the Asser Institute’s Centre for International & European Law, this group provides the
text of the major treaties creating the EU, environmental treaties, case law, draft legislation, and
other environmental documents. The individual national pages provide country-by-country
overviews of developments and issues such as government, legislation, policies, agencies,
events, case-law, education, etc, in the field of environmental protection in Europe. EEL also
provides information about current news, upcoming events and job opportunities in
environmental law.
13

● European Union Delegation in the United States (http://www.eurunion.org)

This site, which is maintained by the European Commission's Office of Press and Public
Affairs, reflects the EU's presence in the United States and covers developments in the
Transatlantic Action Plan. The site contains numerous full-text documents. The Energy and
Environment page (http://www.euintheus.org/what-we-do/policy-areas/energy-and-
environment/l) provides an overview of EU environmental policy and includes links to relevant
EU pages.

ii. EU CD-ROM, Web & Other Online Commercial Products

● Eurolaw (Ascot, England: SAI Global): includes primary and secondary EU
legislation, case law, COM docs, and links to the Official Journal online. It also
includes national implementing measures and judgments from the European Court
of Human Rights. Available as Web product. SAI Global (http://www.ili.co.uk/en).

● Justis-Celex (London: Context Limited): Provides access to EU law and national
implementing measures. Context Limited (http://www.justis.com/titles/celex.html).
• LEXIS' EU databases provide access to EU law, including Butterworths selected

cases and competition cases.

● WESTLAW's EU-ALL database provides access to treaties, legislation, case
law, preparatory documents, parliamentary questions and information and notices.

D. GATT & the World Trade Organization (WTO)

The World Trade Organization was established during the Uruguay Round negotiations of the
General Agreement on Tariffs and Trade (GATT) in 1994 to deal with the rules of trade between
nations. The WTO Committee on Trade and Environment works to incorporate environmental
and sustainable development issues into trade rules.

i. GATT/WTO Web Sites

● World Trade Organization (WTO) (http://www.wto.org)

The WTO site contains the official documentation of the WTO, including the legal texts of the
WTO agreements, documents from dispute settlement panels, and much more in WTO
Documents Online (https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S005.aspx). The
documents are available in both PDF and Word. The documents can be searched, viewed, and
downloaded. Search fields include symbol, title, date, and full-text. Updated daily. The WTO's
environmental work is discussed at http://www.wto.org/english/tratop_e/envir_e/envir_e.htm.
14

ii. GATT/WTO on Online Commercial Databases

● LEXIS - The international trade materials include the General Agreement on
Tariffs and Trade, Uruguay Round, including the Agreement Establishing the World
Trade Organization as well as GATT/WTO Basic Instruments and Selected Documents,
which includes the principal decisions, resolutions, recommendations and reports
adopted by the Contracting Parties every year. The GATTWTO file contains GATT and
WTO panel decisions from 1948.

● WESTLAW - The GATT database contains the text of the final General
Agreement on Tariffs and Trade, Uruguay Round, including the Agreement Establishing
the World Trade Organization, and other documents, including the GATT Uruguay
Round Agreements Report on Environmental Issues. The WTO-DEC database includes
selected documents from WTO/GATT dispute settlement panels. The WTOGATT
AWARDS database includes arbitration settlement awards from the WTO and GATT.

E. North American Free Trade Agreement (NAFTA)

Although they entered into NAFTA as a trade agreement, the three member states (Canada-
Mexico- United States) subsequently entered into a complementary agreement, the North
American Agreement for Environmental Cooperation
(http://www.cec.org/Page.asp?PageID=1226&SiteNodeID=567) to address shared environmental
concerns.

i. NAFTA Web Sites
● Commission for Environmental Cooperation (CEC) (http://www.cec.org)
Created under the the North American Agreement for Environmental Cooperation to
address
regional environmental concerns, the CEC works to prevent trade and environmental conflicts
and to promote the enforcement of environmental law. This Web site provides documents from
the CEC's governing body, the CEC Council
(http://www.cec.org/Page.asp?PageID=1226&SiteNodeID=207) as well as related reports,
papers, meeting summaries and other related materials, all available in French, Spanish and
English.

● National Law Center for Inter-American Free Trade (http://www.natlaw.com)

The National Law Center for Inter-American Free Trade is a non-profit research and
educational corporation whose purpose is to facilitate trade and investment in the Western
15
Hemisphere. The Center's NatLaw World database (http://www.natlaw.com/natlaw-world),
available by subscription, provides access to trade-related (including environmental) laws,
regulations, case law, and secondary source materials for countries in the Americas. Non-
subscribers can purchase documents for a fee.

ii. NAFTA on Online Commercial Databases

● LEXIS - In NAFTA file, find the North American Free Trade Agreement plus
Supplemental Agreements. NAFTA panel review decisions from April 1995 on are
included in NAFDEC.

● WESTLAW - The NAFTA database includes chapters of the North American
Free Trade Agreement and other documents released by the Office of the United States
Trade Representative; find Binational Panel decisions and related documents in the
NAFTA-BIP database. The NAFTA-Awards database contains arbitration settlement
awards.

F. Organization of American States (OAS)

Under the OAS Charter (http://www.oas.org/dil/treaties_A-
41_Charter_of_the_Organization_of_American_States.htm), economic and social
development of the Americas has long been one of the organization's goals.

i. OAS Web Sites

● Organization of American States (http://www.oas.org)

The official OAS Web site provides the text of Resolutions and Declarations
(http://www.oas.org/juridico/english/resolut.html) and conventions
(http://www.oas.org/juridico/english/treaties.html) and numerous other types of documents
(http://www.oas.org/documents/eng/documents.asp)). The Department of Sustainable
Development and Environment (http://www.oas.org/usde/) is the technical arm of the OAS
General Secretariat responsible for responding to the needs of member states on issues relating to
sustainable development within an economic development context.

3. Miscellaneous Sources for International Environmental Agreements, Declarations,
Statements, and Related Documents

A. Web Sites

● Center for International Earth Science Information Network
(CIESIN) (http://www.ciesin.org)

CIESIN is part of Columbia University's Earth Institute. This Center focuses on applying
16
information technology to interdisciplinary data, information, and research problems related to

human interactions in the environment. CIESIN's Web site contains the text of more than 140
international environmental agreements, which are searchable through the Environmental
Treaties and Resource Indicators (ENTRI) system (http://sedac.ciesin.columbia.edu/entri/).
ENTRI allows the researcher to search for treaties by date, keyword, and other fields. The
Country Explorer (http://sedac.ciesin.columbia.edu/entri/partySearch.jsp) provides data on over
200 countries,including which environmental treaties a particular country has signed or ratified.
An additional tool is the Conference of Parties (COP) decision search tool
(http://sedac.ciesin.columbia.edu/gsametasearch/cop_start.jsp), which allows the researcher to
search for decisions produced by the Parties in selected multilateral environmental agreements.

● Globelaw (http://www.globelaw.com/index.html)

This site includes the text of several conventions, national and international tribunal cases,
selected UN resolutions, and links to other sites containing multilateral conventions and
international environmental law and policy documents.

B. Online Commercial Databases

● The Environmental Law Reporter, edited by The Environmental Law Institute
(St. Paul, MN: West Group, c1993-) (ELR) The ELR contains the text of major treaties,
conventions and international agreements concerning the environment. Subscription
information is available at http://elr.info/subscription-information.

● HeinOnline Treaties and Agreements Library is a subscription collection of
treaties and related materials. It includes United States Treaties and Other International
Agreements (UST), Treaties and Other International Agreements Series (TIAS), Kav
Agreements, International Legal Materials, Treaties in Force, Guide to Treaties in
Force, and other useful treaty indexes. See http://home.heinonline.org/content/list-of-
libraries/?c=46 for additional information.

● International Environment Reporter (Washington, D.C.: Bureau of National
Affairs, Inc.) (IER)

The IER provides tracking of developments in international law, including legislative and
judicial activity around the world as well as the actions of international organizations. The
Web version is updated weekly, and email alerts are available. See
http://www.bna.com/international-environment-reporter-p4897/ for subscription information.

● LEXIS - Look for treaties to which the United States is a party in USTRTY.
Additional selected treaties and agreements can be found in ILMTY, which contains
17
portions of the American Society of International Law's International Legal Materials
from 1975.

● WESTLAW - The INTLENVL database contains a collection of international
environmental law instruments in a variety of subject areas, including control of
resource pollution, environmental protection and conservation of natural resources.
The USTREATIES database covers U.S. Treaties and other International
Agreements (T.I.A.S.) from June 1979 and Senate Treaty Documents from 1993. The
ILM database contains the American Society of International Law's International
Legal Materials (ILM) from 1980, which reproduces a variety of international legal
documents, including selected international agreements.

b. Case Law

1. Web Sites

● International Court of Justice (ICJ) (http://www.icj-cij.org)

The ICJ is the principal judicial organ of the United Nations. Its official Web site contains
recent decisions of the Court, its current docket, basic documents and other publications in
French and English.

● Court of Justice of the European Union
(ECJ) (http://curia.europa.eu/jcms/jcms/j_6/)

The ECJ's official Web site contains case law since 1997. The advanced search interface at
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en is searchable by case number, date, parties'
names, words in the text, and subject matter, including environment, energy policy, forestry,
and fisheries policy." The judgments are available in all official languages. In addition to
judgments, the site provides the ECJ's diary, proceedings, press releases, a digest of Community
case law, annotations of judgments (in French) and other information. The EUR-Lex database
(http://eur-lex.europa.eu/homepage.html?locale=en) also provides access to ECJ case law,
incuding older materials.

● E-Law's Legal & Scientific Resources page (http://www.elaw.org/resources/)
provides access to environmental case law from around the world.

● European Environmental Law's case law page
(http://www.asser.nl/Default.aspx?site_id=7&level1=12218) provides access to
European environmental case law, including selected national court decisions.

●Globelaw's Cases Relating to Nuclear Testing, Climate Change and the
WTO (http://www.globelaw.com/Cases.htm)
18

The Globelaw site currently contains the text of a few decisions of international and
national tribunals along with summaries and parties' arguments.

2. Online Commercial Databases

● Oxford Reports on International Law (Oxford University Press)

This subscription service provides online access to domestic court decisions on international law
from dozens of jurisdictions world wide. In addition to the full text of the decisions in their
original language, the database provides English translations and expert commentary. Relevant
subject headings include international environmental law, law of the sea, and air law. For
subscription information, see http://opil.ouplaw.com/home/ORIL.

● WESTLAW's INT-ICJ database contains the ICJ cases since
1947. c. National Legislation, Regulations, and Policy Statements
National laws often contribute to the formation of customary international environmental law. In
addition, national laws can indicate acceptance of such custom-based law in the absence of a
treaty or other binding international agreement. However, identifying or confirming the existence
of a particular country's environmental legislation poses quite a challenge. The Internet is fast
becoming a good source for these foreign materials.

1. Internet Sources

ECOLEX (http://www.ecolex.org/index.php)

ECOLEX is maintained by the United Nations Environment Programme and the World
Conservation Union. In addition to providing access to environmental treaties, ECOLEX is a
good source for national environmental legislation and court decisions.

E-Law's Legal & Scientific Resources page (http://www.elaw.org/resources/) provides
access to environmental legislation from around the world.

FAOLEX http://faolex.fao.org/faolex/

FAOLEX, maintained by the Food and Agriculture Association of the United Nations, contains
a large collection of national laws and regulations on food, agriculture and renewable natural
resources. The database includes abstracts and indexing information about each text, as well as
the full text of most legislation contained in the database.

19
2. CD-ROMs and Online Commercial Databases

Foreign Law Guide (Brill)

This invaluable resource provides an overview of each nation's legal system, official sources of
legislation and judicial decisions, and a subject-specific guide to both official and commercial
sources of law, including those translated into English. To identify environmental legislation in
each country, look for sources listed under the subject heading ENVIRONMENTAL
PROTECTION, along with FISHING & MARINE RESOURCES, MARITIME LAW
(ADMIRALTY), MINERALS & MINING, and NUCLEAR ENERGY. See the Brill site
subscription information.

WESTLAW - The ENFLEX-INT database contains full-text translations of environmental
statutes and regulations for a number of foreign jurisdictions.

V. SECONDARY SOURCES

1. Periodicals

Environmental law journals have embraced electronic publication, and a number provide either
the full text or abstracts of articles on the Internet.

a. Web Sites

Duke Environmental Law & Policy Forum
(http://delpf.law.duke.edu/) Full-text articles from 1991 -.
E-LAW Advocate (http://www.elaw.org/news/advocate/)

Quarterly electronic newsletter of the Environmental Law Alliance Worldwide (E-
LAW) (http://www.elaw.org)

Earth Negotiations Bulletin (linked from http:www.iisd.ca/linkages/)

Published by the International Institute for Sustainable Development (IISD)
(http://www.iisd.org/), the Earth Negotiations Bulletin provides daily coverage of official UN
negotiations for environmental and development agreements. The bulletin is written and edited
by a team of professionals from throughout the world.

Electronic Green Journal (http://escholarship.org/uc/uclalib_egj)

One of the first peer-reviewed digital journals promoting an open access publishing
mode, the Electronic Green Journal provides full-text articles, bibliographies and book
reviews concerning environmental (including international) topics. Coverage begins in
1994.
20

Environmental Law (http://law.lclark.edu/law_reviews/environmental_law/) From the
Northwestern School of Law of Lewis & Clarke College. Web site provides full-text articles
beginning with issue 36:1 (2006) and abstracts beginning with issue 25:1 (1995). Its companion
online journal (http://www.elawreview.org/nav/) posts online articles, recent case summaries, and
readers' comments.

FSU Journal of Land Use & Environmental Law (http://www.law.fsu.edu/journals/landuse/)

Although the focus of this journal is on U.S. environmental law, its scope includes
international environmental law issues as well. Full-text articles from issue 10:1 (1994).

Georgetown International Environmental Law Review
(http://www.law.georgetown.edu/academics/law-journals/gielr/index.cfm)
The GIELR site provides full-text articles for purchase either in print or PDF.
Global Environmental Politics (http://www.mitpressjournals.org/loi/glep) This periodical

examines the relationship between global political forces and environmental change. The site
provides tables of contents and abstracts from 2001 to present. Articles can be purchased
individually from the site.

GreenLaw (Pace University College of Law; former title: Environmentally Friendly)
(http://law.pace.edu/greenlaw-journal)

Full-text journal of the Pace Center for Environmental Legal Studies until 2010; thereafter,
published solely as the GreenLaw blog (http://greenlaw.blogs.law.pace.edu/).

International Environmental Agreements: Politics, Law and Economics
(http://www.springerlink.com/content/106601/)

This peer-reviewed journal focuses on achieving cooperative solutions to international
environmental problems. The site provides abstracts, with full text available to subscribers and
for a per-article fee to non-subscribers.

Journal of International Wildlife Law & Policy
(http://www.tandfonline.com/toc/uwlp20/current) Web site includes table of contents, abstracts
and, for a per-article fee, full-text articles from 1998 to present.

LEAD (Law, Environment and Development Journal) (http://www.lead-journal.org)
LEAD is a peer-reviewed academic publication based in New Delhi and London and jointly
managed by the School of Law of the School of Oriental and African Studies (SOAS) –
University of London and the International Environmental Law Research Centre (IELRC).
21
The site provides access to abstracts and the full text of articles from 2005 to present.

New York University Environmental Law Journal (http://www.nyuelj.org/)

Includes full-text articles, notes and book reviews since 1992 (earlier issues only include selected
full- text articles). Also includes videos and speeches. Indexed by author, subject and issue.

Our Planet (http://www.unep.org/Publications/contents/Our_Planet.asp)

UNEP's magazine on the environment and sustainable development, Our Planet contains full-
text articles since 1996 by leaders of UN organizations, national governments, NGOs, and
experts. Each issue focuses on a specific theme, usually tied to an international conference (e.g,
climate change).

b. Commercial Online Services

BNA International Environment Reporter monitors the pollution control activity in the major
industrial nations, focusing on legislation and the political and social issues affecting
environmental protection programs, multinational and bilateral agreements and treaties,
pollution prevention measures, key meetings, and actions of the United Nations and other
international organizations. Available via subscription on Bloomberg BNA
(http://www.bna.com/) from 2003 to present.

VI. OTHER RELATED SITES

Many of these sites contain links to official versions of primary sources. In addition, they
may contain essays, press releases, directories, and other useful information.

The American Society of International Law (ASIL) (http://www.asil.org)

● ASIL’s current awareness blog International Law In Brief
(http://www.asil.org/blogs/ilib) provides analytical abstracts of significant documents
reflective of the broad, contemporary nature of international law.

●ASIL Insights Online is also available both on the ASIL Web site
(www.asil.org/insights.htm) and as a free email service (about once a month).
Concise, unbiased essays outline the international law issues behind current events.

● ASIL Interest Group in International Environmental Law
(http://www.asil.org/interest-groups-view.cfm?groupid=20)

The International Environmental Law Interest Group focuses on the role of law in
addressing international environmental issues.
22

Center for International Environmental Law (CIEL) (http://www.ciel.org)

CIEL is a public interest, not-for-profit law firm focusing on strengthening and developing
international and comparative environmental law, policy and management. CIEL provides
access to many of its documents, including studies and articles, on this site.

Environmental Law Alliance Worldwide (E-LAW) (http://www.elaw.org)

E-LAW is a world-wide network of public interest attorneys, scientists and other advocates
interested in international and domestic environmental law. The advocates exchange information
concerning international environmental issues, with the aim of building local environmental
law expertise. Most of these exchanges occur through e-mail and electronic conferencing. The
site features environmental law cases from around the world, mostly in English.
Environmental Law Institute (ELI) (http://www.eli.org)

The ELI is an independent, non-partisan, not-for-profit organization working to activate a broad
constituency of nearly 4,000 environmental professionals in government, industry, the private
bar, public interest groups, the media, and academia. They provide training programs, law and
policy reform programs, and produce numerous publications, which can be ordered via the Web
site. One of ELI's major program areas focuses on international environmental law issues.

International Environmental Law Research Centre (IELRC) (http://www.ielrc.org/) The IELCR,
located in Geneva and New Delhi, serves as a forum for the development of legal and
institutional frameworks that foster equitable and sustainable environmental management at the
local, national and international level. The site provides access to articles, working papers,
briefing papers and more on a variety of environmental topics, including biosafety, biodiversity,
climate change, intellectual property, justice and human rights, and water.

International Institute for Sustainable Development (IISD) (http://www.iisd.org/)

IISD works to promote sustainable development in decision-making internationally and
within Canada. IISD publishes the Internet periodical Earth Negotiations Bulletin and hosts
the Linkages site (http://www.iisd.ca/linkages), which is a multimedia resource providing
timely coverage of conferences and updates re ongoing negotiations.

Organisation for Economic Co-operation & Development (OECD) (http:www.oecd.org)

The OECD is a Paris-based intergovernmental organization enabling its Member Countries to
consult and cooperate with each other in matters concerning sustainable economic growth,
OECD’s site contains the text of recent annual reports, policy briefs, statistics, background
papers and numerous other documents. OECD's Environment page
23
(http://www.oecd.org/environment/) addresses related topics, including biodiversity, sustainable

development, environment and trade, and resource productivity.

VII. ONLINE DISCUSSION LISTS

Online discussion lists provide a convenient forum for discussing issues with others interested in
the same topic. A number of lists focus on or include issues relating to international
environmental law:

BIODIVERSITY-L (announcement list for policy makers and practitioners involved in
international biodiversity policy; more information at http://biodiversity-l.iisd.org/about-the-
biodiversity-l-mailing-list/)
CLIMATE-L (moderated news and information distribution list on developments in climate

change research and policy; more information at http://climate-l.iisd.org/about-the-climate-l-
mailing-list/)

ENVLAWPROFESSORS (Environmental Law Professors discussion list; For subscription,

send a message of subscribe envlawprofs to majordomo@lists.uoregon.edu

INTLAWPROFESSORS (International Law Professors discussion list; subscription instructions
at http://mailman.anu.edu.au/mailman/listinfo/intlawprofessors)

*Anne Burnett is the Foreign and International Law Librarian at the University of Georgia
School of Law. She teaches courses in International Legal Research and Advanced Legal
Research.
She earned a B.A. degree from the University of Nevada, a J.D. degree from the University of
Georgia School of Law, and an M.L.I.S. degree from the University of Texas at Austin. Prior to
returning to the University of Georgia, she was a reference librarian at the University of
Arkansas Law Library, deputy legislative counsel for the Nevada legislature, and a judicial law
clerk in Reno, Nevada. While a law student, she served as Editor-in-Chief of the Georgia
Journal of International & Comparative Law. She is admitted to the state bars of California and
Nevada, and she is a member of the American Association of Law Libraries, the American Bar
Association, and the American Society of International Law.

24
e-RG
International Human
Rights Law
Marci Hoffman *
This page was last updated August 28, 2013.
T
levels.

2
I. Introduction
II. Brief History
III. Methodology
IV. Where to Start
A. Bibliographic Databases & Catalogs
B. Research Guides and Bibliographies
C. Periodical Indexes
V. Primary Sources
A. Compilations of Human Rights Instruments
B. Status of Human Rights Instruments
C. Reservations/Declarations
D. Jurisprudence, Case law, Decisions, & Reports
VI. Secondary Sources
A. Country Reports
C. Blogs
VII. Other Relevant Sites
I. Introduction
This chapter will attempt to provide a guide to the ever-expanding area of international human
rights law. The focus will be on the electronic sources available for this topic, regardless of the
format. This chapter will include general tips for doing research as well as for locating necessary
documents and materials. The scope of this chapter will encompass both primary and secondary
3
sources (including documents from non-governmental organizations). The emphasis will be on

English-language materials, but the availability of resources in other languages is noted.
II. Brief History
The concepts of humanitarian intervention, self-determination, and providing relief to the wounded
and other victims of armed conflicts can be viewed as the roots of human rights law. Modern
international human rights law dates from World War II and its aftermath. The United Nations
Charter (http://www1.umn.edu/humanrts/instree/aunchart.htm), signed June 26, 1945, sought to
acknowledge the importance of human rights and established it as a matter of international concern.
Article 1(3) (http://www1.umn.edu/humanrts/instree/chapter1.html) specifically states that one of
the purposes of the UN is "[t]o achieve international cooperation in solving international problems
of an economic, social, cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to race, sex,
language, or religion". Articles 55 and 56 (http://www1.umn.edu/humanrts/instree/ chapter9.html)
of the Charter set out the basic human rights obligations of the UN and its member states.
The rights and obligations enumerated in the Charter were codified in the Universal Declaration of
Human Rights (http://www1.umn.edu/humanrts/instree/b1udhr.htm). This was the first
instrument to really articulate the fundamental rights and freedoms of all people. Following the
Declaration, the UN Commission on Human Rights drafted the International Covenant on Civil
and Political Rights (http://www1.umn.edu/humanrts/instree/b3ccpr.htm) and the International
Covenant on Economic, Social and Cultural Rights
(http://www1.umn.edu/humanrts/instree/b2esc.htm). Together, these three documents (with the
Optional Protocols to the International Covenant on Civil and Political Rights) comprise the
International Bill of Human Rights (http://www1.umn.edu/humanrts/instree/auob.htm).
For more information on the history of human rights, see Thomas Buergenthal et al., International
Human Rights in a Nutshell (4th ed., St. Paul, MN: West, 2009)
(http://www.worldcat.org/oclc/457152764). For an online overview of the history of international
human rights law, see Dinah Shelton, An Introduction to the History of International Human
Rights Law (August 2007) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1010489). More
general information on human rights is available through the Encyclopedia of Human Rights
(Oxford, 2009) (http://www.worldcat.org/oclc/252584097). This encyclopedia is also available
online by subscription (http://www.oxford-humanrights.com/). For information on human rights
terminology, see Connie De La Vega, Dictionary of International Human Rights Law (2013)
(http://www.worldcat.org/oclc/856795504).
4
III. Methodology of Human Rights Research
When first starting out, researching international human rights law can be a confusing mess of
treaties and documents. The materials (for the most part) are not set out in a coherent, well-
organized fashion. The sources of information range from recognized treaty law to more ephemeral
materials from non-governmental organizations. There are a few things to keep in mind when doing
human rights research: the interdisciplinary nature of the topic; the complexity of the topic and the
materials; and the challenge of locating and accessing materials issued by a variety of organizations.
The researcher needs to be resourceful, creative, and never become daunted by the task. Just when
you are ready to give up is when you might find the needed material.
IV. Where to Start
A. Bibliographic Databases and Online Catalogs
Human rights law and related commentaries are growing at an amazing rate. Therefore, the best
place to begin any research is by checking to see what is available on your topic. Today, we can
search the catalogs of our own libraries as well as catalogs of libraries from around the country (and
even around the world). WorldCat (http://www.worldcat.org/) allows searching of more than
10,000 library catalogs. Most bibliographic databases and online catalogs use standard Library of
Congress Subject Headings (LCSH). The Library of Congress Classification Outline is available on
the web (http://www.loc.gov/catdir/cpso/lcco/lcco.html). Since the print LCSH volumes are a bit
unwieldy, most catalogs provide keyword searching. Keyword searching allows the user to locate
some items on point and then determine the appropriate subject heading. The following are the
most commonly used subject headings for locating information on human rights.
For general or comparative books on human rights, use the subject headings HUMAN RIGHTS;
CIVIL RIGHTS or CIVIL RIGHTS (INTERNATIONAL LAW). Some books on human rights
cataloged before 1987 may be found under CIVIL RIGHTS.
Add a geographic subdivision to the subject headings above if interested in human rights in a
particular country or region, HUMAN RIGHTS--FRANCE or HUMAN RIGHTS--
INDONESIA--TIMOR.
It is also possible to search by topic or group, ASYLUM, RIGHT OF; WOMENS RIGHTS or
INDIANS OF SOUTH AMERICA--BRAZIL--CIVIL RIGHTS.
Many libraries make their catalogs available via the web. Many of these catalogs can be accessed at
the Library of Congress (http://lcweb.loc.gov/z3950/gateway.html#other), or Libdex: The Library
Index (http://www.libdex.com). These sites offer access to national libraries (including the Library
5
of Congress and national libraries of other countries) as well as to other library catalogs. You can also
search the Library of Congress Catalog via the web (http://catalog.loc.gov/).
B. Research Guides and Bibliographies
There are many guides and bibliographies available to direct the human rights researcher. Many of
these guides can be located through bibliographic databases by using the following subject headings:
HUMAN RIGHTS--LEGAL RESEARCH; HUMAN RIGHTS--BIBLIOGRAPHY or HUMAN
RIGHTS--LIBRARY RESOURCES. Periodical indexes are also an excellent source for locating
research guides and bibliographies.
1. Guides and Bibliographies Available through the Web
Buhle Angelo Dube, Forced Evictions and Disability Rights in Africa (Ausgust 2013)
(http://www.nyulawglobal.org/globalex/Forced_Evictions_Disability_Rights_Africa1.htm).
Guide to Forced Migration Resources on the Web by Elisa Mason, updated July 2006.
(http://www.forcedmigration.org/webguide/webguide.pdf). Other related research guides are
available on the Forced Migration Online website (http://www.forcedmigration.org/guides/).
Marci Hoffman, Researching International Human Rights Law (revised January 2014)
(http://libguides.law.berkeley.edu/content.php?pid=426416&sid=3487468).
Marci Hoffman, Researching Global Migration Issues (revised September 2011)

(http://www.law.berkeley.edu/library/dynamic/guide.php?id=58).
Marci Hoffman, Researching International Humanitarian Law (revisedJanuary 2014)

(http://libguides.law.berkeley.edu/internationalhumanitarianlaw).
Marci Hoffman, Researching Refugee Law (revised September2013)

(http://libguides.law.berkeley.edu/content.php?pid=290483).
Library of the European Parliament, Getting Started with Human Rights Information Research
(December 2012) (http://libraryeuroparl.wordpress.com/2012/12/12/getting-started-with-human-
rights-information-research/).
Elisa Mason, Update to Guide to Country research for Refugee Status Determination
(http://www.llrx.com/features/rsd2.htm) and Update to Annex: Human Rights, Country and Legal
Information Resources on the Internet (http://www.llrx.com/features/rsd_bib2.htm).
Elisa Mason, Guide to International Refugee Law Resources on the Web (revised March 2009)
(http://www.llrx.com/features/refugee.htm).
6
Elisa Mason, Researching Forced Migration: A Guide to Reference and Information Sources
(http://forcedmigrationguide.pbwiki.com/).
Steven C. Perkins, Researching Indigenous Peoples Rights Under International Law (2013)
(http://intelligent-internet.info/law/ipr2.html).
International Women's Human Rights and Humanitarian Law, Women's Human Rights in the
Context of International Law Research. A useful guide from the Bora Laskin law Library, University
of Toronto (http://www.law-lib.utoronto.ca/resguide/women2.htm).
Ellen Schaffer, The Inter-American System of Human Rights (February 2014)

(http://wcl.american.libguides.com/human_rights).
United Nations Documentation: Human Rights by the United Nations Dag Hammarskjöld Library
(http://research.un.org/en/docs/humanrights). There is also a specialized research guide on
International Law (http://research.un.org/en/docs/law).
2. Other Guides and Bibliographies
UNBISnet (http://unbisnet.un.org/). The primary index to United Nations documentation

published since 1979, or earlier for selected documents. It also includes the catalogue of the
collections of the Dag Hammarskjöld Library. One file provides detailed voting records of
resolutions adopted by the General Assembly and Security Council. Another file contains speech
citations for the main United Nations organs, the General Assembly (38th session, 1983-), the
Security Council (38th session, 1983-), the Economic and Social Council (1983-), and the
Trusteeship Council (1982-).
C. Periodical Indexes
One of the best places to begin research on a human rights topic is with periodical literature. Articles
will provide information about a topic, provide bibliographies and lists of sources, and are often
useful for locating citations and other information about publications and documents.
Current Law Index (Los Altos, CA: Information Access Corp., 1980-): indexes over 800 English
language legal journals from the U.S. and the Commonwealth. Contains a subject heading "human
rights." It is available online as Legal Resource Index (LRI database on WESTLAW Classic and
Next). It is also available as Legaltrac on the Web from Thomson Gale
(http://www.gale.cengage.com/pdf/facts/legal.pdf). Updated monthly. There is some debate as to
whether all versions (paper, online, or the web version) are identical.
Index to Foreign Legal Periodicals: A Subject Index to Selected International and Comparative Law
7
Periodicals and Collections of Essays (Chicago: American Association of Law Libraries, 1960-):
covers selected legal periodicals on public and private international, comparative, and domestic law
of countries other than the U.S., the British Isles, and the British Commonwealth. "Human Rights
(International Law)" is the subject heading for articles on human rights. Also available in print, but
the electronic index links to many full-text articles on HeinOnline.
Index to Legal Periodicals (New York: H.W. Wilson, 1929-): covers some journals not covered by
Current Law Index and provides more historical coverage. Available on the Web from EBSCO Host
(http://www.ebscohost.com/academic/index-to-legal-periodicals-and-books). An expanded version of
ILP on the Web contains historical coverage from 1908-1981.
Legal Journals Index: indexes approximately 485 journals from the UK & Europe. Coverage is from
1986 to present. The print versions of this index (Legal Journals Index and European Legal Journals
Index) discontinued in 1999. Legal Journals Index (LJI) is also available on WESTLAW Classic and
Next.
Peace Palace Library, Online Catalogue

(http://catalogue.ppl.nl/IMPLAND=Y/SRT=YOP/LNG=EN/), search for books and articles from
the library of the Hague Peace Palace.
Public International Law: A Current Bibliography of Articles (Berlin: Springer-Verlag, 1975-)

(http://www.worldcat.org/oclc/525862351). Lists articles from over 1400 journals and collected
works, prepared by the Max Planck Institute. Human rights articles are listed under the classification
number "14." Updated twice annually. Information about this publication is available on the Max
Planck Institute for Comparative Public Law and International Law website
(http://www.mpil.de/ww/en/pub/news.cfm). Some of the more recent articles can be searched by
using the Online Documentation of Articles
(http://www.mpil.de/ww/en/pub/library/catalogues_databases/doc_of_articles/pil.cfm).
Public Affairs Information Service (PAIS) ( New York, NY: Public Affairs Information Service, 1972-
). Covers economic, political, and social issues on an international and national level. The index
covers over 1600 periodicals and journals, as well as books, directories, reports, and government
documents. The print equivalents are PAIS Bulletin, PAIS Foreign Language Index, and PAIS
International in Print. PAIS is also available on the Web from CSA
(http://www.csa.com/factsheets/pais-set-c.php)
There are several other more general periodical indexes available in both print and on the Web. To
locate other relevant indexes, use the following Library of Congress Subject Headings: LAW--
PERIODICALS--INDEXES or SOCIAL SCIENCES--PERIODICALS--INDEXES.
8
V. Primary Sources
A. Compilations of Human Rights Instruments
International human rights law is treaty based. These treaties are promulgated by international
organizations such as the United Nations and its specialized agencies, the Council of Europe, and
other organizations. Therefore, locating the necessary instruments is usually the first place to begin
research in this area. A good strategy is to begin with the body that promulgated the instrument.
This section will outline the major electronic sources for human rights instruments as well as the
sources that provide information about the issuing body itself.
1. United Nations (UN)
Compilations of instruments can be found in a variety of sources. While there is an abundance of

paper sources available, the Web also offers many sites for obtaining the full text of the most
important instruments. Many electronic sources offer an advantage over the paper by allowing a
researcher to search the full text of the document. Even if there is no searching mechanism available
directly at the website, certain Web browsers offer some basic finding features that allow for word
string searches.
a. websites
United Nations Office of the High Commissioner for Human Rights (OHCHR)
(http://www.ohchr.org/EN/Pages/WelcomePage.aspx).
This should be the first place to begin research for UN human rights documents and information. It
contains information on the human rights activities of the UN. The most important human rights
instruments are available full-text under the section called International Law
(http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx), but they lack
complete citations and there is no search mechanism for the treaties separate from the rest of the
website. Primary features of this site include: the Human Rights Bodies
(http://www.ohchr.org/EN/HRbodies/Pages/HumanRightsBodies.aspx) section which contains
information about Charter-based Bodies as well as the Treaty-based Bodies. The Charter-based
Bodies include information and documents regarding the Human Rights Council. The Treaties-
based Bodies section of the website provides extensive information on each of the eight human rights
treaty bodies (or committees). To locate documents from these bodies, use the Treaty bodies Search
(http://www2.ohchr.org/english/). Researchers can search this collection by treaty, country, type of
document, and document symbol. The homepage also offers access by human rights issue, by
country, or by professional interest.
9
See also the research tool which has just been launched called Universal Human Rights Index of
United Nations Documents (http://www.universalhumanrightsindex.org/). It is designed "to
facilitate access to human rights documents issued by the UN human rights treaty bodies and the
special procedures of the Human Rights Council." Search by country, by rights and by human
rights body. A fairly sophisticated advanced search is also available. This tool has been developed by
the Institute of Public Law of the University of Bern, Switzerland in collaboration with LexUM.
On this site, there is a page for the Human Rights Council. It contains information about the body,
background documents, rules of procedure, and other documents
(http://www2.ohchr.org/english/bodies/hrcouncil/). See the Universal Periodic Review (UPR)
section of the site for information and documents related to the human rights record for each UN
Member State.
United Nations Home Page (http://www.un.org). This page is maintained by the Department of
Public Information. It provides information about the UN (history, list of member states, the UN
Charter, the ICJ Statute, an online tour, and a calendar of conferences and observances),
information about publications and databases and access to UN news and documents. From the UN
homepage, you can link to the Human Rights page for more links and information on human rights
(http://www.un.org/rights/).
An important feature is the United Nations Treaty Collection

(http://treaties.un.org/Pages/Home.aspx?lang=en). This site provides access to the full text of treaties
contained in the United Nations Treaty Series (UNTS) as well as The Status of Multilateral Treaties
Deposited with the Secretary-General and Recently Deposited Multilateral Treaties. The treaty
section offers access by a variety of searching options (type of agreement, signature date, entry into
force date, subject terms, popular name, title words, and registration number). The Status of
Multilateral Treaties Deposited with the Secretary-general offers more up to date status information
than the paper version. See UN Treaties: A Research Guide by Leah Granger for more information
on searching this database as well as other UN treaty collections
(http://libguides.law.berkeley.edu/content.php?pid=335839&sid=3550368).
There is also a selection of official documents from the Secretary-General, the General Assembly, the
Security Council, and the Economic and Social Council (http://www.un.org/documents/). This site
also offers access to UN-I-QUE (a database offered by the UN Dag Hammarskjold Library designed
to provide quick access to document symbols -- http://lib-unique.un.org/lib/unique.nsf) and a
research guide on UN documentation (http://www.un.org/Depts/dhl/resguide/). See also the catalog
of UN publications and documentation indexed by the United Nations Dag Hammarskjöd Library
and the Library of the UN Office at Geneva, UNBISnet (http://unbisnet.un.org). For more
10
information on researching the United Nations, see the UN chapter of this guide
(http://www.asil.org/erg/?page=un).
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/). The

University of Minnesota Human Rights Library contains a collection of many of the most important
international human rights treaties and other instruments. These documents can be accessed by
subject matter (http://www1.umn.edu/humanrts/instree/ainstls2.htm), instrument list
(http://www1.umn.edu/humanrts/instree/ainstls1.htm), or by using one of the search mechanisms
available at this site (http://www1.umn.edu/humanrts/searchdevices.htm). Two search devices are
available from to the Library; a meta search engine that allows users to search for documents on
multiple human rights websites from a single form (http://www1.umn.edu/humanrts/lawform.html)
and a local search device that allows more efficient searching of the documents in the Library
(http://www1.umn.edu/humanrts/localsearch.html). The Human Rights Library also provides a
new research collection - Human Rights Topic Guides - that provide introductions to various topics
and include links to relevant documents and resources. Topics include freedom of religion, the rights
of refugees, and sexual orientation and human rights. Most of the documents in the Library contain
authoritative citations and many of the instruments are available in French, Russian, Spanish, and
some Arabic (with complete citations). Where possible, this site links to authoritative ratification
information.
The United Nations Human Rights Treaties (http://www.bayefsky.com). This site provides access to
documents and information from the UN human rights treaty system. Materials include the text of
treaties, documents from the UN treaty bodies, information on reform of the system, and other
information. Documents issued by the treaty bodies are arranged by state, by category, and by theme
or subject matter. This last category (by theme or subject) is something not available on other
websites.
A website aimed at enabling researchers to locate human rights documents issued by the UN human
rights treaty bodies and the special procedures of the Human Rights Council is called the Universal
Human Rights Index (http://www.universalhumanrightsindex.org/). This website can be searched
or browsed by country, UN human rights body, and right. According to the site, "[e]ach country-
related observation and recommendation of treaty bodies and special procedures is classified –
paragraph by paragraph - by country, by right, by body and by affected persons. The result is called
an annotation." Each annotation has an excerpt from the original document, the right concerned,
the persons affected, and a link to the source document. The documents are also available in several
languages.
Netherlands Institute of Human Rights (SIM), Human Rights Treaties
11
(http://sim.law.uu.nl/SIM/Library/HRinstruments.nsf/(organization)?OpenView).
This is a good collection of primary treaties and instruments from several human rights systems,
including the UN.
The UN Secretary-General's Database on Violence Against Women

(http://webapps01.un.org/vawdatabase/home.action). A database created pursuant to a 2006 General
Assembly Resolution calling for States to eliminate all forms of violence against women. The
database includes laws, policies, programs, institutional mechanisms, research, statistical data and
other information. There are country pages, good practices collection, and a search mechanism.
b. Subscription Databases
For information about the cost to subscribe to these services, please contact the companies directly.
The links below do not offer access to the databases for searching, rather they provide information
about the services and how to contact the companies.
LEXIS (http://www.lexis.com/). LEXIS offers several libraries and files that contain the full-text of
important United Nations instruments and documents. An advantage of using this service is the
robust searching capabilities. The International Law Library or INTLAW Library consists of many
sources related to international and foreign law. Of importance to the human rights researcher are
the treaties and agreements. ILMTY file contains treaties and agreements from International Legal
Materials from January 1975. International Legal Materials is an excellent source for documents and
information. In addition, U.S. treaties are now available on in the U.S. Treaties file (including
academic subscriptions). Another advantage of LEXIS is the wide range of journals, newspapers,
wire services and other news files. Legislation and case law from other countries is growing as well.
WESTLAW (http://www.westlaw.com/). WESTLAW allows for the same kind of searching that is
available on LEXIS (boolean and "natural language"). It also offers access to International Legal
Materials (ILM database identifier) from 1980 as well as to U.S. Treaties and Other International
Agreements (USTREATIES database identifier) from June 1979. WESTLAW also offers a large
number of newspapers, wire services and journals.
HeinOnline Treaties and Agreements Library (http://www.heinonline.org/). HeinOnline is another

subscription database providing access to PDF versions of treaties contained in many print
collections, such as United States Treaties and Other International Agreements (UST), Treaties and
International Act Series (TIAS), International Legal Materials, and several other publications.
Treaty guides and indexes are also available as well as some books on treaties. HeinOnline has a
good collection called the United Nations Law Collection which includes the League of Nations
Treaty Series and the United Nations Treaty Series
12
(http://www.heinonline.org/HeinDocs/UnitedNations2.pdf).
2. International Labour Organization (ILO)
The ILO was established on June 28, 1919 by Part XII of the Treaty of Versailles. Its Constitution
(http://www.ilo.org/ilolex/english/constq.htm) became operative on April 11, 1919. It was
recognized by the UN as a specialized agency in 1946. Among the issues to which the ILO devotes
itself are: hours of work, adequate living wages, protection of the worker, recognition of the principle
of freedom of association, recognition of the principle of equal renumeration for work of equal value.
The ILO has adopted many conventions over the years, several of which relate to the area of human
rights.
a. websites
ILO website (http://www.ilo.org/).
The researcher can access the conventions

(http://www.ilo.org/dyn/normlex/en/f?p=1000:12000:0::NO:::) and the recommendations
(http://www.ilo.org/dyn/normlex/en/f?p=1000:12010:0::NO:::) by number or by searching the list
of documents. Or begin by accessing the International Labour Standards page
(http://www.ilo.org/public/english/standards/norm/index.htm). It gives background information on
international labour standards and the ILO conventions on fundamental human rights. From this
page access to the ILO's legal information services is available:
● NORMLEX: a database on International Labour Standards

(http://www.ilo.org/dyn/normlex/en/f?p=1000:1:0::NO:::).
● NATLEX: a bibliographic database featuring national laws on labour, social security

and related human rights (http://www.ilo.org/dyn/natlex/natlex_browse.home).
● Many other databases are available, see ILO Databases

(http://www.ilo.org/public/english/support/lib/resource/ilodatabases.htm). Examples
include: HIV/AIDS laws and policies, social security worldwide, and case law form the ILO
Administrative Tribunal.
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts).
Employment and Forced Labour contains the full-text of several ILO conventions.
(http://www1.umn.edu/humanrts/instree/auon.htm).
Multilaterals Project (Tufts University) (http://fletcher.tufts.edu/multilaterals). Contains a variety of
13
treaties full-text, including some of the ILO conventions.
3. United Nations Education, Scientific and Cultural Organization (UNESCO)
UNESCO is a specialized agency of the UN. Its Constitution

(http://www.icomos.org/unesco/unesco_constitution.html) was adopted by the London Conference
in November 1945, and entered into effect on 4 November 1946. The main objective of UNESCO
is to contribute to peace and security in the world by promoting collaboration among nations
through education, science, culture and communication in order to further universal respect for
justice, for the rule of law and human rights and fundamental freedoms.
a. websites
UNESCO Official Web Server (http://www.unesco.org/). Provides information about the

organization, current events, publications, programs, documentation and databases. There is a
section called Standard-Setting Instruments (http://portal.unesco.org/en/ev.php-
URL_ID=12024&URL_DO=DO_TOPIC&URL_SECTION=201.html) which provides access to
conventions, recommendations, and declarations. Each instrument is available in English and
French in HTML, as well as links to PDF files from UNESCO's official documents collection in the
six official languages.
In the section called Human Rights (http://www.unesco.org/new/en/social-and-human-

sciences/themes/human-rights/about-human-rights/), there is information on UNESCO's work in
this area and it also provides access to documentation resources, official documents, statistics, and
more.
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/). Provides the

full-text of a few instruments from UNESCO's Standard-Setting Instruments.
4. United Nations High Commissioner for Refugees (UNHCR)
The institution for dealing with refugees has a long history. The first such institution was created in
1921 by the League of Nations. The Office of the High Commissioner for Refugees took over the
duties of the earlier organizations in 1951. The office was mandated under the Convention Relating
to the Status of Refugees, 189 UNTS 150, entered into force April 22, 1954
(http://www1.umn.edu/humanrts/instree/v1crs.htm). Refugees are defined as those who have fled or
are outside their country of origin because of a well-founded fear of being persecuted for reasons of
their race, religion, nationality, membership of a particular social group or political opinion, and
who are unable or unwilling to return.
14
a. websites
Refworld "is the leading source of information necessary for taking quality decisions on refugee
status" (see homepage). It contains a collection of reports relating to situations in countries of origin,
policy documents and positions, and documents relating to international and national legal
frameworks (http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain).
The UNHCR website provides access to research, publications, statistics, and more information
about refugees and related issues (http://www.unhcr.org/cgi-bin/texis/vtx/home).
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/). Provides the

full text of documents related to refugees and asylum
(http://www1.umn.edu/humanrts/instree/auov.htm).
5. Council of Europe (COE)
Established in 1949 by a group of western European nations, the Council of Europe's aim was "to
achieve greater unity between its members," safeguarding common principles and heritage, facilitate
their economic and social progress. Article 3 of its Statute
(http://conventions.coe.int/Treaty/en/Treaties/Html/001.htm) provides for the acceptance of
human rights and fundamental freedoms. The Council of Europe promulgated two important
human rights treaties: the European Convention of Human Rights
(http://www1.umn.edu/humanrts/instree/z17euroco.html) and the European Social Charter
(http://www1.umn.edu/humanrts/euro/z31escch.html).
a. websites
Council of Europe (http://www.coe.int/). This site contains information about the COE, its
activities and the treaties of the Council of Europe (http://conventions.coe.int). In addition to
human rights treaties, the site contains treaties related to social matters, bioethics, penal, public and
international law and other subject areas. Of great importance is the signature and ratification
information for each member State. The information is available in French and English.
Council of Europe, Directorate General: Human Rights and Rule of Law

(http://www.coe.int/t/dgi/default_en.asp). The DGI focuses on information and activities related to
human rights. There are direct links to major documents as well as background information on the
instruments. See also, Action against Trafficking in Human Beings
(http://www.coe.int/t/dghl/monitoring/trafficking/default_en.asp).
15
European Court of Human Rights (http://www.echr.coe.int). The official website of the court
contains general information on the court, pending cases, judgments and basic texts (such as the
Rules of Court). Languages: English and French. An important feature on the Court's site is
HUDOC (http://hudoc.echr.coe.int/sites/eng/Pages/search.asp).
(http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en), a web-based system for searching the
case-law of the control bodies established under the European Convention on Human Rights.
Languages: English and French.
Council of Europe, European Committee for the Prevention of Torture (http://www.cpt.coe.int).

This page contains information about the Convention for the Prevention of Torture as well as
information about the activities and reports of the Committee. Under Reference Documents, you
will find the convention, background information, rules of procedure and other information related
to the convention. Languages: English and French.
6. Organization of African Unity (OAU) and the African Union (AU)
The OAU was established on May 25, 1963 by the representatives of 23 African nations. Its aims are
to promote African unity, development, eradicate all forms of colonialism, and harmonize economic
and social policies. One of the primary documents related to human rights is the African (Banjul)
Charter on Human and Peoples' Rights (http://www1.umn.edu/humanrts/instree/z1afchar.htm).
The OAU was replaced by the African Union on May 26, 2002. The mandate and scope of the AU
is much more broad than that of the OAU.
a. websites
African Union (http://www.au.int/). This is the official site for the African Union (AU). The site
contains information about the organization, its members, official documents, news, and more. The
Resources section contains links to decisions, OAU/AU treaties, news and more
(http://www.au.int/en/treaties).
African Commission on Human and Peoples' Rights (http://www.achpr.org/). Provides access to

legal instruments and documents.
African Court on Human and Peoples' Rights (http://www.african-court.org/). Official website for
the Court.
African Human Rights: Case Law Analyser (http://caselaw.ihrda.org/). Provides access to cases from
the African human rights system. Allows for browsing by country or article of the African
convention and searching by number of complaint.
16
African Human Rights Resource Center (http://www1.umn.edu/humanrts/africa/index.html).

This site is a joint project of the Makerere University Human Rights and Peace Center and the
University of Minnesota Human Rights Center. This site contains the full-text of many important
documents promulgated by the OAU or related to human rights in Africa.
Africa Action, Africa Policy Information Center (APIC) (http://www.africaaction.org/index.html).

The APIC site provides a variety of documents related to human rights, democracy, and other
critical issues.
Coalition for an Effective african Court on Human and Peoples' Rights

(http://www.africancourtcoalition.org/). Documents and information about the Court.
7. Organization of American States (OAS)
The OAS is a regional inter-governmental organization and includes all sovereign nations of the
Americas. The branch of the OAS which deals with human rights is commonly referred to as the
Inter-American Human Rights System. It has two primary legal sources: Charter of the OAS
(http://www.oas.org/juridico/english/charter.html) and American Convention on Human Rights
(http://www1.umn.edu/humanrts/oasinstr/zoas3con.htm).
a. websites
Organization of American States (http://www.oas.org/). This is the official homepage of the OAS
and is available in English, Spanish, French and Portuguese. It contains a great deal of information:
about the OAS, its charter, resolutions, annual report of the Secretary General, treaties and
conventions, speeches and statements and press releases. The OAS Documents contains links to
pages containing the full text of resolutions, treaties and conventions, and reports
(http://www.oas.org/documents/eng/documents.asp). The homepage provides a search mechanism
and access to information by specialized areas, such as human rights. This page links to the Inter-
American System, which provides links to the Inter-American Commission on Human Rights and
the Inter-American Court of Human Rights. Available in English, French, Portuguese, and Spanish.
Inter-American Commission on Human Rights (http://www.cidh.org/DefaultE.htm). The

Commission page contains links to speeches, history, members, and publications (such as annual
reports from 1970-2003 as well as some country reports) (http://www.cidh.org/publi.eng.htm).
There is also a link to Basic Documents (http://www.cidh.org/Basicos/English/Basic.TOC.htm)
which contains the full text of the Inter-American human rights instruments as well as status and
ratification information.
17
Inter-American Court of Human Rights (http://www.corteidh.or.cr/). This page contains

information about the Court, jurisprudence (Decisions and Judgments, Advisory Opinions,
Provisional Measures, Supervision of Compliance Decisions, Jurisprudence by Country), press
releases and other information. Usually, decisions are available on the Spanish site first.
Inter-American Human Rights Digest Project, A Jurisprudential Repertoire of the Inter-American

System of Human Rights (In Spanish only)
(http://www.wcl.american.edu/humright/repertorio/index_en.cfm).
The Digest consists of excerpts selected primarily from decisions, reports, and resolutions from the
Inter-American Commission and Court. These excerpts are indexed and analyzed according to the
terms of the American Convention on Human Rights and the American Declaration of the Rights
and Duties of Man.
Inter-American Commission of Women (http://www.oas.org/cim/default.htm). This site contains

information on the Inter-American conventions relating to women as well as some documents and
other information about the Commission
(http://www.oas.org/cim/English/Basic%20Documents%20Index.htm). The principal Inter-
American women's conventions are available from this page
(http://www.oas.org/cim/English/Conventions.htm). A recent addition to the site is a Law Update
page that contains a listing of regional laws regarding violence and quota laws (unfortunately, not the
text of the laws) (http://www.oas.org/cim/English/LawUpdateIndex.htm). There is also status and
ratification information for the Inter-American Convention the on the Prevention, Punishment, and
Eradication of Violence Against Women.
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/regional.htm).

This site contains information about the Inter-American Court on Human Rights
(http://www1.umn.edu/humanrts/iachr/iachr.html) and the Inter-American Commission on
Human Rights (http://www1.umn.edu/humanrts/cases/commissn.htm). It contains the basic
documents and the case law of the Court. The decisions of the Commission are contained in its
annual reports and this site has the 1991-2002 annual reports. More decisions will be added as they
become available.
8. Organization for Security and Cooperation in Europe (OSCE)
Originally known as the Conference on Security and Cooperation in Europe (CSCE), this
organization became the OSCE in 1994. This is not a strictly European organization since the
United States and Canada are also members. The CSCE was created by the Helsinki Final Act
(http://www1.umn.edu/humanrts/osce/basics/finact75.htm) in 1975. Two principles outlined in the
18
Act address human rights. Principle VII states "respect for human rights and fundamental freedoms,
including the freedom of thought, conscience, religion or belief" and principle VIII addresses the
"equal rights and self-determination of peoples."
a. websites
OSCE Homepage (http://www.osce.org). This site contains general information, news, documents,
and information about the OSCE institutions. There is information on the OSCE field activities,
institutions and negotiating bodies. The Documents Library contains documents, journals and
decisions issued by various CSCE/OSCE negotiating bodies during different events and meetings,
which took place between 1973 and present (http://www.osce.org/documents/). The site is available
in various languages: English, French, German, Italian, Russian, and Spanish.
University of Minnesota Human Rights Library--OSCE Documents

(http://www1.umn.edu/humanrts/osce/basics/oscebasc.htm).
Contains some of the basic documents of the OSCE: the 1973 Final Recommendation, Helsinki
Final Act, as well as the Budapest Document of 1994.
9. Humanitarian Law
There is much debate as to whether humanitarian law is distinct from human rights law. It can be
defined as "the human rights component of the law of war." The principle legal sources are the
Geneva Conventions of 1949 and the two later protocols
(http://www.icrc.org/Web/Eng/siteeng0.nsf/html/genevaconventions).
a. websites
International Committee of the Red Cross (http://www.cicr.org/eng). This is the official ICRC site.
It contains weekly news items, operations by country and a section on international humanitarian
law. The documents here are quite good: basic rules of humanitarian law, the Geneva conventions,
and humanitarian law issues (war at sea, landmines, famine and war, etc.). Of particular interest are
the IHL databases. The first one is a collection of treaties and texts, commentaries on the four
Geneva Conventions and their Additional Protocols, an up-to-date list of signatures, ratifications
relating to IHL treaties and full text of reservations (http://www.icrc.org/eng/resources/ihl-
databases/index.jsp). Another important database is the National Implementation Database
(http://www.cicr.org/ihl-nat). This database contains national laws, regulations, and case law on the
implementation of humanitarian law accessible by State or keyword. The last collection is on
customary international humanitrian law (http://www.icrc.org/customary-ihl/eng/docs/home). The
database is the online version of the print set called Customary International Humanitarian Law
19
(Cambridge University Press, 2005) plus updated content

(http://www.worldcat.org/oclc/58455274). These sites are available in Arabic, English, French,
Portuguese, Russian and Spanish.
International Humanitarian Law Research Initiative (http://www.ihlresearch.org/). This site's "E-

Library" contains full-text documents on humanitarian law topics arranged by topic or region.
Documents include reports and analysis, legal instruments, resolutions and directives, and judicial
decisions.
University of Minnesota Human Rights Library -- Humanitarian Law of Armed Conflict

(http://www1.umn.edu/humanrts/instree/auoy.htm). Contains the full text of all four 1949 Geneva
conventions and the two 1978 protocols, plus many other related instruments. Many are available in
French and English.
International Federation of Red Cross and Red Crescent Societies (http://www.ifrc.org/). Current
information on humanitarian issues around the world. Contains links to other Red Cross/Red
Crescent organizations on the Internet. Of more interest is the World Disasters Report and the Code
of Conduct.
ReliefWeb (http://reliefweb.int/home). ReliefWeb is a project of the United Nations Department of

Humanitarian Affairs (DHA). It provides current information on the humanitarian relief operations.
There is also a library filled with reports related to population, migration, world's emergencies and
many others. See also the archive on natural disasters.
United States Institute of Peace, Peace Agreements Digital Collection

(http://www.usip.org/library/pa.html). This site contains a growing collection of the full text of
peace agreements related to worldwide state conflicts since 1989.
United States Institute of Peace, Truth Commissions Digital Collection

(http://www.usip.org/publications/truth-commission-digital-collection). Collection contains decrees
establishing truth commissions and similar bodies of inquiry worldwide, and the reports issued by
such groups.
For more in-depth information on researching humanitarian law, see the international humanitarian
law chapter of this Guide (http://www.asil.org/ihl1.cfm).
10. Other Sites
EISIL (Electronic Information System for International Law) (http://www.eisil.org).
ASIL developed EISIL so that web searchers can easily locate the highest quality primary materials,
20
authoritative websites and helpful research guides to international law on the Internet. To this end,
EISIL has been designed as an open database of authenticated primary and other materials across the
breadth of international law, which until now have been scattered in libraries, archives and
specialized websites. Users can access primary materials and websites as well as value added
information, such as legal citations, summaries of documents, entry into force dates, and more. See
the section of EISIL that focuses on International Human Rights
(http://www.eisil.org/index.php?sid=894484002&t=sub_pages&cat=185).
Netherlands Institute of Human Rights (SIM), Documentation Site

(http://sim.law.uu.nl/SIM/Dochome.nsf?Open). A good collection of primary treaties and
instruments, contained in the "Library." Provides information on signatures and ratifications.
International Legal Search Engine: Human Rights & Humanitarian Law

(http://www.whatconvention.org/index.php?page=rechercher). Covers 200 human rights and
humanitarian law treaties and allows searching by country, topic or theme, and date. A unique
feature is the ability to search articles of treaties by topic.
Human rights crosses over into many other areas -- economic law, criminal law, environmental law,
and humanitarian law (to name just a few). See other chapters of this Guide for more information
(http://www.asil.org/erghome.cfm).
B. Status of Human Rights Instruments
Locating the status of an instrument is of primary importance in international human rights law.
The Web has become a primary source for obtaining up-to-date status information. Listed below are
some of the primary websites.
UN, Multilateral Treaties Deposited with the Secretary-General as at ..., UN Doc. ST/LEG/Ser.E/,
UN Sales No. F.95.V.5. This source is available in paper with updates on microfiche. The
electronic version on the web is called United Nations Treaty Collection
(http://treaties.un.org/Pages/Home.aspx?lang=en). The site consists of several components: Status of
Treaties, which contains the detailed status of over 470 multilateral treaties deposited with the
Secretary General; the UN Treaty Series, which consists of over 158,000 treaties registered with the
Secretariat; and the League of Nations Treaty Series. The information can be searched by a title or,
via the advanced search engine, by subject or participant. For each treaty there is a citation, entry
into force and registration dates, status, and signature and ratification information. Often the
reservations are also printed. One of the biggest advantages of using this tool online is that it is more
current than the paper version.
UN High Commissioner for Human Rights (http://www.ohchr.org/english/) For each treaty, there
21
is a link to status and ratification information from the UN Treaty Collection website. Declarations
and Reservations are also available. Ratification status information is also available by country and
by treaty (http://www2.ohchr.org/english/).
The United Nations Human Rights Treaties (http://www.bayefsky.com/docs.php/area/ratif).

Provides ratification information by treaty and by state. The information includes the following:
1. whether a state has signed the treaty;

2. whether a state has ratified/acceded/succeeded to the treaty;
3. whether the state has accepted any optional provisions of the treaty;
4. whether the state has ratified/acceded/succeeded to any amendments to the treaty; and
5. whether the state has ratified/acceded/succeeded to any Optional Protocol to a treaty.
Limited to the UN human rights treaty system.
Basic Documents Pertaining to Human Rights in the Inter-American System

(http://www.oas.org/en/iachr/mandate/basic_documents.asp). This site offers signature and
ratification information for several of the Inter-American human rights treaties. Unfortunately, it
does not offer this information for all of the basic documents on human rights. Other OAS treaty
signature and ratification information can be accessed through the Treaties and Agreements section
of this site (http://www.oas.org/dil/treaties_and_agreements.htm).
Netherlands Institute of Human Rights (SIM), Human Rights Instruments

(http://sim.law.uu.nl/SIM/Library/RATIF.nsf/Country?OpenView). Provides information on
signatures and ratification information for many treaties and instruments from various human rights
systems. Access to the information is by treaty or country. Reservations and objections are
searchable.
Many IGOs publish status information on a fairly regular basis or makes the information available
on their websites. Many of the sites mentioned in other sections include sources for status
information:
● Ratifications of ILO Conventions

(http://www.ilo.org/dyn/normlex/en/f?p=1000:11001:0::NO:::).
● ICRC Ratifications are part of the IHL database (http://www.icrc.org/ihl).
● Each treaty included on Council of Europe treaties page includes signature and
ratification information (on the same page as the text of the treaty)
(http://conventions.coe.int/Treaty/Commun/ListeTraites.asp?CM=10&CL=ENG).
22
● If the U.S. is a party to the agreement, consult other tools such as Treaties in Force
(http://www.state.gov/s/l/treaty/tif/index.htm) and the Treaty Actions section in the U.S.
Department of State website (http://www.state.gov/s/l/treaty/c3428.htm).
For more information on these sources as well as useful phone numbers, see the Treaties Chapter
(http://www.asil.org/erg/?page=treaties) of this Guide.
C. Reservations/Declarations
This information can sometimes be difficult to locate, especially the most current information. If it
is a UN instrument, you are likely to find this information contained in UN documents (see also the
United Nations Chapter of this Guide (http://www.asil.org/erg/?page=un).. Some information is
available through electronic sources.
United Nations Treaty Collection (http://treaties.un.org/Pages/UNTSOnline.aspx?id=1). Contains

the declarations and reservations of many treaties registered with the Secretary General of the UN,
including human rights, refugees, and status of women instruments. The declarations and
reservations are full-text and were made upon ratification, accession or succession. The drawback is
obviously that this information is limited to those treaties registered with the Secretary General.
The United Nations Human Rights Treaties (http://www.bayefsky.com/docs.php/area/reservations).

Provides information on UN human rights treaties by treaty or by state. Information is from the
UN's Multilateral Treaties Deposited with the Secretary- General.
OAS -- Basic Documents Pertaining to Human Rights in the Inter-American System

(http://www.cidh.org/Basicos/English/Basic.TOC.htm). Contains reservations and declarations to
these documents.
See also the websites mentioned above under status information for reservations and declarations.
D. Jurisprudence, Case law, Decisions and Reports
This section contains information from adjudicative bodies, like the European Court of Human
Rights and the Human Rights Committee. Keep in mind that not all of this information is available
in electronic form. Some of the information is still only available in publications from the issuing
body (UN, ILO, etc.) or reprinted in other sources, such as International Legal Materials, Human
Rights Law Journal, International Human Rights Reports, etc.
1. United Nations
To obtain reports of States parties, concluding observations or comments, general comments and
23
recommendations, and other basic documents submitted to and issued by the human rights treaty
bodies use the Treaty bodies Search
(http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en). While this
search mechanism allows the researcher to select options from drop-down boxes, there is no way to
do keyword searching.
For more detailed information about the types of documents issued by these bodies, see United
Nations Documentation: Human Rights (http://research.un.org/en/docs/humanrights).
Use the following tools to locate the UN document number and date of the document.
● AccessUN (1945-present) (http://infoweb.newsbank.com) (by subscription only)
● One of the indexes available for locating UN documents by keyword, author, title or
UN symbol. Contains some full-text documents.
● UNBISnet - UN Bibliographic Information System. Catalogue of UN publications

and documentation indexed by the United Nations Dag Hammarskjold Library and the
Library of the UN Office at Geneva, and non-UN publications held in the collection of the
Dag Hammarskjold Library. Also includes voting records and index of speeches. Some full-
text documents are available (http://unbisnet.un.org/).
● UN-I-QUE: United Nations Info Quest. Good for identifying documents for certain
categories of materials (http://lib-unique.un.org/lib/unique.nsf).
● ODS (Official Document System of the United Nations)

(http://www.un.org/en/documents/ods/). " ODS covers all types of official United Nations
documentation, beginning in 1993. Older UN documents are, however, added to the system
on a daily basis. ODS also provides access to the resolutions of the General Assembly,
Security Council, Economic and Social Council and the Trusteeship Council from 1946
onwards."
a. Human Rights Council (replaced the Commission on Human Rights in 2006).
HRC website (http://www.ohchr.org/english/bodies/hrcouncil/)
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/hr-council.html)
Documents and Resolutions (http://www.ohchr.org/EN/HRBodies/HRC/Pages/Documents.aspx)
University of Minnesota Human Rights Library

(http://www1.umn.edu/humanrts/commission/commission.htm)
24
b. Human Rights Committee (HRC).
Committee Homepage (http://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIndex.aspx)

(http://www1.umn.edu/humanrts/hrcommittee/hrc-page.html)
The United Nations Human Rights Treaties (http://www.bayefsky.com/bytheme.php/index/article)
CCPR: Centre for Civil and Political Rights (http://www.ccprcentre.org/)
c. Committee Against Torture (CAT).
Committee Homepage (http://www.ohchr.org/en/hrbodies/cat/pages/catindex.aspx)
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/cat/cat-

page.html)
d. Committee on the Elimination of Discrimination Against Women (CEDAW).
Committee Homepage (http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx)
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/cedaw/cedaw-

page.htm)
e. Committee on the Rights of the Child (CRC).
Committee Homepage (http://www2.ohchr.org/english/bodies/crc/index.htm)
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/crc/crc-

page.html)
f. Committee on the Elimination of Racial Discrimination (CERD).
Committee Homepage (http://www.ohchr.org/EN/HRBodies/CERD/Pages/CERDIndex.aspx)
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/country/cerd-

page.html)
25
World Conference Against Racism (http://www.racism.gov.za/) Note that this site is no longer
active, but is being retained for research purposes.
g. Committee on Economic, Social, and Cultural Rights (CESCR).
Committee Homepage (http://www.ohchr.org/en/hrbodies/cescr/pages/cescrindex.aspx)
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/esc/esc-

page.htm)
h. Committee on Migrant Workers (CMW).
Committee Homepage (http://www2.ohchr.org/english/bodies/cmw/index.htm)
i. Committee on the Rights of Persons with Disabilities (CRPD).
Committee Homepage (http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx)
j. Committee on Enforced Disappearances (CED)
Committee Home page (http://www.ohchr.org/EN/HRBodies/CED/Pages/CEDIndex.aspx)
See also International Human Rights Instruments, Compilation of General Comments and General
Recommendations Adopted by Human Rights Bodies (New York: United Nations, 1994-). The
most current version is U.N. Doc. HRI/GEN/1/Rev.9 (Vol. I) and HRI/GEN/1/Rev.9 (Vol. II)
(available in PDF) (http://www2.ohchr.org/english/bodies/hrc/comments.htm).
2. International Labour Organization (ILO)
a. Triblex (a database containing a thematic analysis of the case law of the ILO Administrative
Tribunal) (http://www.ilo.org/dyn/triblex/triblex_browse.home).
b. Digest of Decisions of the Freedom of Association Committee

(http://www.ilo.org/ilolex/english/digestq.htm).
26
3. European System (Council of Europe)
a. European Court of Human Rights (general information, basic texts, access to pending cases and
judgments) (http://www.echr.coe.int/).
b. European Court of Human Rights Portal, HUDOC (a searchable database of the case-law of the
European Convention on Human Rights)
(http://www.echr.coe.int/Pages/home.aspx?p=caselaw/HUDOC&c=).
c. Case-Law Analysis (http://www.echr.coe.int/Pages/home.aspx?p=caselaw/analysis&c=).
4. Inter-American System
a. Inter-American Commission (http://www.cidh.org/publi.eng.htm). Select the “Cases” tab for

documents and decisions. Some older reports, 1970-1980, are available in English or in Spanish
only.
b. Inter-American Court (http://www.corteidh.or.cr/). Select the “Jurisprudence” tab.
c. Inter-American Court on Human Rights Advisory Opinions and Contentious Cases

(http://www1.umn.edu/humanrts/iachr/iachr.html).
d. Inter-American Commission of Human Rights, Annual Reports

(http://www1.umn.edu/humanrts/cases/commissn.htm).
e. Inter-American Human Rights Database

(http://www.wcl.american.edu/pub/humright/digest/index.html). Contains annual reports, session
reports, and special reports of the Inter-American Commission.
5. Organization of African Unity (OAU) and the African Union (AU)
a. African Court on Human and Peoples' Rights (http://www.african-court.org/en/). Official website

for the Court. Contains information about the Court, cases, and basic documents.
b. African Human Rights: Case Law Analyser (http://caselaw.ihrda.org/). Provides access to

decisions from the African Human Rights system.
6. Collections of Decisions
INTERIGHTS, Commonwealth and International Human Rights Case Law Databases

(http://www.interights.org/database-search/index.htm). This database contains over 2,800
summaries of significant human rights decisions, from both domestic Commonwealth courts, and
from tribunals applying international human rights law such as the African Commission on Human
27
and Peoples' Rights, the European Court of Human Rights and more.
Netherlands Institute of Human Rights (SIM), Case Law Database

(http://sim.law.uu.nl/SIM/Dochome.nsf?Open). This website provides access to databases
containing summaries of the case law of the Human Rights Committee, the Committee Against
Torture, and the Committee on the Elimination of Racial Discrimination. There is also a database
containing information on judgments of the European Court of Human Rights and the concluding
comments of the United Nations treaty bodies have been made accessible. Coverage varies. Users
must register to use the databases, but there is no charge for access.
International Courts & Tribunals Library (WorldLII) (http://www.worldlii.org/int/cases/). A

searchable collection of international courts and tribunals, including those that focus on human
rights. Coverage for each court and tribunal varies.
The Project on International Courts and Tribunals (http://www.pict-pcti.org). Provides the full-text
of selected cases and decisions from various international courts and tribunals, including the
European Court of Human Rights, the Inter-American Court of Human Rights, and the
International Criminal Tribunals for Rwanda and the former Yugoslavia.
University of Michigan Law School, Refugee Caselaw Site (http://www.refugeecaselaw.org/). This

site collects, indexes, and publishes selected recent court decisions that interpret the legal definition
of a "refugee." Contains cases from the highest national courts of Australia, Austria, Canada, France,
Germany, New Zealand, Switzerland, the United Kingdom, and the United States.
Oxford Reports on International Law (ORIL) (http://www.oxfordlawreports.com/). A subscription

database that provides case law from the following bodies: African Commission, European court of
Human Rights, UN Committee against Torture, UN Committee on the Elimination of
Discrimination against Women, UN Committee on the Elimination of Racial Discrimination, and
the UN Human Rights Committee. There is also a module for international criminal law.
Refworld (UNHCR) (http://www.unhcr.org/cgi-bin/texis/vtx/refworld/). Search for case law from

various human rights courts and dispute settlement bodies. Allows more flexibility when searching
for human rights cases, including UN Treaty body jurisprudence.
7. Other
Global Health and Human Rights Database: A Free Online Database of Health and Human Rights Law
(http://www.globalhealthrights.org/).
International Court of Justice website (http://www.icj-cij.org/).
28
International Criminal Court (http://www.icc-cpi.int/Menus/ICC/Home).
International Criminal Tribunal for the Former Yugoslavia (http://www.icty.org/). See also the
Topical Digest of the Case Law (http://www.hrw.org/node/11277) (Human Rights Watch).
International Criminal Tribunal for Rwanda (http://www.unictr.org/). See also Digest of the Case
Law (http://www.hrw.org/en/reports/2010/01/12/genocide-war-crimes-and-crimes-against-
humanity) (Human Rights Watch).
Special Court for Sierra Leone (http://www.sc-sl.org/).
Special Court for Lebanon (http://www.stl-tsl.org/).
Extraordinary Chambers in the Courts of Cambodia (http://www.eccc.gov.kh/en).
Gender Jurisprudence (http://www.genderjurisprudence.org/index.php/gender-jurisprudence-

collections).
Cambodia Tribunal Monitor (http://www.cambodiatribunal.org/).
LEXIS provides access to the European Human Rights Reports from 1960 and ICJ decisions
(subscription only).
WESTLAW provides access to ICJ, ICTY and ICTR cases (subscription only).
UNODC Human Trafficking Case Law Database (http://www.unodc.org/cld/index.jspx).
World Court Digest. A compendium of the jurisdiction of the International Court of Justice
(http://www.mpil.de/ww/en/pub/research/details/publications/institute/wcd.cfm).
There are many topical collections of jurisprudence from various human rights bodies and
institutions, such as housing rights, reproductive rights, minority rights, economic and social rights,
etc. These collections are available from IGO and NGO websites, books and articles. For example,
see Forced Labour and Human Trafficking: Casebook of Court Decisions (ILO, 2009)
(http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---
declaration/documents/publication/wcms_106143.pdf ). Search by keyword using Google to locate
relevant web collections. See the above sections of this guide for information on locating books and
articles.
29
VI. Secondary Sources
A. Country Reports
An important element in human rights research is documenting the human rights conditions in
various countries. Many of the sites listed below provide current country condition information.
Amnesty International Country Reports (http://web.amnesty.org/library/engindex).
Asylumlaw.org (http://www.asylumlaw.org).
SuperSearch - search 15 human rights databases at once (http://www.asylumlaw.org/cgi-

bin/texis.cgi/webinator/metanew4).
Canadian Immigration and Refugee Board, Research sections contains country of origin research
and national documentation packages (http://www.irb-cisr.gc.ca/en/research/index_e.htm).
Center for Gender and Refugee Studies (http://cgrs.uchastings.edu/).
European Country of Origin Information Network (http://www.ecoi.net/).
Forced Migration Online (http://www.forcedmigration.org/).
Human Rights Watch, World Reports (http://www.hrw.org/node/79288). Reports by issue or

country (http://www.hrw.org/en/publications/reports).
ICRC Country Reports (http://www.icrc.org/eng/operations_country).
Inter-American Commission on Human Rights, Country Reports

(http://www.cidh.org/publi.eng.htm). See also annual and thematic reports.
Inter-American Human Rights Database, Selected Country Reports

(http://www.wcl.american.edu/pub/humright/digest/inter-american/index.html).
International Crisis Group (http://www.crisisgroup.org/home/index.cfm).
Refworld (http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain).
Reliefweb Countries (http://reliefweb.int/countries).
Religious Freedom World Report (International Coalition for Religious Freedom)

(http://www.religiousfreedom.com/index.php?option=com_content&view=article&id=47&Itemid=
56).
30
Resources for Researching Country Conditions (University of Minnesota, Human Rights Library)
(http://www1.umn.edu/humanrts/research/).
UNDP Human Development Reports (http://hdr.undp.org/).
UNICEF State of the World's Children (http://www.unicef.org/sowc/index.html).
U.S. Dept. of State Country Reports on Human Rights Practices (http://www.state.gov/g/drl/hr/).
U.S. Dept.. of State, Annual Report on International Religious Freedom

(http://www.state.gov/g/drl/irf/).
U.S. Dept. of State Country Reports on Trafficking in Persons (http://www.state.gov/g/tip/).
University of Minnesota Human Rights, Meta Search Engine for Searching Multiple Human Rights
Sites (http://www1.umn.edu/humanrts/lawform.html).
Newspapers are also an excellent source for human rights conditions in various countries. See
Online Newspapers (http://www.onlinenewspapers.com) which provides links to newspapers from
all over the world.
As mentioned in above, periodical literature is a very good source for information on a human rights
topic. Some relevant periodicals are available on LEXIS, WESTLAW, and the Internet. There are a
few places on the Internet which provide links to such electronic publications. See the The
(http://www1.umn.edu/humanrts/links/journals.html). While some journals are available full-text
electronically, many more are only available in print. For information on locating periodical
literature, see the Periodical Indexes section above.
C. Blogs
Lists and newsgroups have long been considered valuable tools for the human rights researcher. They
provide a mechanism for communicating with other researchers and activists as well as provide
information on action alerts and documentation. There are some that are dedicated to international
law, such as Opinio Juris (http://www.opiniojuris.org/). Useful blogs include Human Rights First
(http://blog.humanrightsfirst.org/category/blog/) and the blog by human rights scholar William
Schabas called PhD Studies in Human Rights (http://humanrightsdoctorate.blogspot.com/). Other
related blogs include Grotian Moment: The Saddam Hussein Trial Blog
(http://www.law.case.edu/saddamtrial/) and IntLawGrrls
31
(http://intlawgrrls.blogspot.com/index.html). To locate other blogs of interest, see Blawg: Your

Source for Law and Legal Related Weblogs, a searchable directory of blogs (http://www.blawg.com).
Another useful blog for human rights researchers is UN Pulse (http://un-library.tumblr.com),

created by the United Nations Dag Hammarskjöld Library, UN Pulse provides information on new
reports, documents, and publications. It's a useful tool for keeping up on new UN human rights
documents. Along the same lines, see Elisa Mason's Forced Migration Current Awareness Blog
(http://fm-cab.blogspot.com/), a good source for information on new books and research tools on
migration and related issues.
VII. Other Relevant Websites
With so much information on human rights available on the web, this guide only scratches the
surface of what a researcher might need. A new tool for searching over 5000 human rights websites is
HuriSearch, the human rights search engine (http://www.hurisearch.org). The websites listed below
are good places to begin one's research since they link to many other relevant sources.
Amnesty International Online (http://www.amnesty.org/). This is the official Internet site for AI. It
contains the most up-to-date information -- new document summaries, publications from AI
(including the annual country reports), and links to other sites.
ASIL, Electronic Information System for International Law (EISIL) (http://www.eisil.org/).This is a

database launched by ASIL and features 13 subject areas, including human rights. EISIL links to
primary documents (international instruments and documents), important websites, and research
guides. An added feature of EISIL is the information available by clicking "more information" --
here you will find citations, summaries of the resources, and more.
Avon Global center for Women and Justice (Cornell Law School)
(http://www.lawschool.cornell.edu/womenandjustice/). Provides access to treaties and agreements,
statues and cases from around the world related to gender-based violence.
Derechos -- Human Rights (http://www.derechos.org/). This website offers a variety of human

rights information including reports on human rights violations, actions, links and documents.
Information is organized by country and by issue; an index and a search engine allow for easy
finding of materials. There is a focus on Latin America and many of these documents are only
available in Spanish.
ESCR-Net Caselaw Database (http://www.escr-net.org/caselaw/). The caselaw database makes

ESCR-related pleadings, commentary and decisions available.
32
European Union, Fundamental Rights

(http://ec.europa.eu/justice_home/fsj/rights/fsj_rights_intro_en.htm). This page contains
information and documents related to the EU's work on fundamental rights.
Flare Index to Treaties (http://ials.sas.ac.uk/library/flag/introtreaties.htm). A searchable database of

over 2,000 multilateral treaties from 1856- present. Includes links to the text, citation information,
and other information.
Forced Migration Online (FMO) (http://www.forcedmigration.org/). This website provides access

to online resources dealing with the situation of forced migrants worldwide. These resources include
journal articles, full-text documents, and other web resources.
Global Health and Human Rights Database (http://www.globalhealthrights.org/). A free collection

of health and human rights law, including cases and international and regional instruments. Also
includes a collection of national constitutions.
Human Rights & Constitutional Rights (http://www.hrcr.org/). Lots of links to sites and
documents, arranged by country reports, international links, regional links, national links, and
documents.
Human Rights Internet (http://www.hri.ca/). Human Rights Internet is an international network of

human rights organizations, documentation centre, and publishing house. This site contains a lot of
everything including UN documents, education materials, resource guides and lists of links.
The Human Rights Web Archive @ Columbia University (http://hrwa.cul.columbia.edu/). This is a

searchable collection of archived copies of human rights websites created by non-governmental
organizations, national human rights institutions, tribunals and individuals. Collecting began in
2008 and has been ongoing for active websites. New websites are added to the collection regularly.
Human Trafficking Search (http://www.humantraffickingsearch.net). The National Multicultural

Institute has created a new site focusing on human trafficking. The four areas of the site are human
trafficking, child labor, bonded labor and sex slavery. The site can be searched or browsed and
much of the content is full text.
HURIDOCS (http://www.huridocs.org/). HURIDOCS (Human Rights Information and

Documentation Systems, International), established in 1982, is a global network of human rights
organizations concerned with human rights information. It establishes basic tools for handling and
managing human rights documents, provides training, and advice on software. It has developed a
search tool called Hurisearch (http://www.hurisearch.org/). This search engine aims to "provide one
point access to all human rights information published by human rights organizations worldwide;
33
create a level playing field on which all human rights organisations can have their sites indexed
knowing fully the indexing and ranking techniques used and knowing that the search engine
operations are overseen by their peers."
Legislationline.org (http://www.legislationline.org/). This is a free online service that compiles

international documents and domestic legislation (for OSCE countries) on a variety of issues:
citizenship, fair trial, migration, independent judiciary, trafficking of human beings, and more.
Minority Rights Information System (MIRIS)

(http://miris.eurac.edu/mugs2/index.jsp?TopBarItem=Home). The database provides access to
domestic legislation, international documents, case law, country information, reports, and treaties
for issues related to minority rights.
Protection Project (http://www.protectionproject.org). The project documents and disseminates

information about the scope of the problem of trafficking in persons, especially women and children,
with a focus on national and international laws, case law, and implications of trafficking on U.S. and
international foreign policy.
Universal Declaration of Human Rights

(http://ccnmtl.columbia.edu/projects/mmt/udhr/index.html) (Columbia University) This site
focuses on the influence of the Universal Declaration of Human Rights (UDHR) on international
and domestic law, politics and affairs over the last half century. Multimedia features provide
information on the history and development of the UDHR and fundamental norms.
University of Minnesota, Human Rights Library, United States Military Medicine in War on Terror
Prisons (http://www1.umn.edu/humanrts/OathBetrayed/index.html). A unique of government
documents pertaining to the roles Armed Forces Medical Personnel who worked in US Armed
Forces prisons in Iraq, Afghanistan, and at Guantanamo Bay from 2001 to 2006.
Women's Human Rights Resources (http://www.law-lib.utoronto.ca/Diana/). This site continues to

be one of the best resources on women's human rights. The site has been reorganized and the
materials are now available in a new resources database. The materials are organized into articles,
documents and links. Other useful materials are available as well, such as fact sheets, publications,
and research guides.
Updated March 4, 2014
*
Marci Hoffman is a Lecturer in Residence; Associate Director of the Law Library; and the
34
International & Foreign Law Librarian at the UC Berkeley Law

Library (http://www.law.berkeley.edu/library/). Marci was the International and Foreign Law
Librarian at the E.B. Williams Law Library at the Georgetown University Law Center in
Washington, D.C. (http://www.ll.georgetown.edu). Prior to working at Georgetown, Marci was the
Foreign, Comparative & International Law Librarian at the University of Minnesota Law
School from April, 1993- April, 1999. (http://www.law.umn.edu). Marci came to Minnesota from
the University of California at Berkeley (Boalt Hall) Law Library where she was an Assistant
Librarian and the Coordinator of Boalt Express, the library's document delivery service. Marci was
also a librarian at Farella, Braun & Martel in San Francisco, CA. She earned her B.A. degree from
the University of California, Davis and her M.L.I.S. degree from the University of California,
Berkeley.
In addition to coordinating and providing international research and reference services at UC

Berkeley Law Library, Marci teaches foreign and international legal research and is the liaison to the
international journals, programs, and clinics. She is also responsible for selection and collection
development for the foreign, comparative and international collections.
Marci has written many articles and lectured on researching international and foreign law. Marci and
Professor David Weissbrodt at the University of Minnesota Law School are also responsible for
creating and designing the University of Minnesota Human Rights
Library (http://www.umn.edu/humanrts). Marci continues to serve as the co-director of project
with Prof. Weissbrodt. Marci is also involved in other web projects with the American Society of
International Law and other organizations. She was one of the Project Managers for the ASIL
sponsored Electronic Information System for International Law (EISIL) (http://www.eisil.org).
Marci is the co-author of two publications on research: International Legal Research in a
Nutshell (with Robert Berring, 2008) and International and Foreign Legal Research: A
Coursebook (with Mary Rumsey, 2d ed., 2012).
Marci is General Editor of the Index to Foreign Legal Periodicals

(http://www.law.berkeley.edu/library/iflp/) and the Foreign Law Guide
(http://referenceworks.brillonline.com/browse/foreign-law-guide).
Marci is a member of the American Association of Law Libraries, the International Association of
Law Libraries, and the American Society of International Law.
35
e-RG
International
Humanitarian Law
Joan Policastri
Sergio D. Stone

T

2

I. Introduction
II. Getting Started
III. Historical Sources
IV. Protected Persons (Geneva Law)
V. Conduct of War (Hague Law)
VI. Primary Sources
● Treaties
● Case Law
● Customary Law
● Military Manuals
VII. Leading Institutions
● International Committee of the Red Cross
● United Nations
● International Court of Justice
● International Criminal Court
VIII. Cultural Property
IX. Occupation
X. Military Sites
XI. Secondary Sources
● Treatises
● Bibliographies
● Journals and Yearbooks
XII. Reference and Current Awareness
● Research Guides
● Institutes and IHL Links
● Blogs
XIII. Related Topics
● Environment
● Human Rights and IHL
3

● Refugees
● Children in Armed Conflict
● Mercenaries and Private Military Companies
● Humanitarian Intervention
● Drones, Robots, and Cyberwarfare
I. Introduction
This chapter will cover international humanitarian law (IHL), the binding rules and customs that
govern armed conflict between nations, civil war combatants, and conflicts among states and non-
state belligerents. Traditionally known jus in bello, the law of war, or law of armed conflict, the term
international humanitarian law has gained currency since the early 1960s. The two principal
4

branches of IHL are "Hague Law," involving the regulation of weaponry and the selection of
military targets, and "Geneva Law," covering the treatment of POWs, detainees, civilians, and
humanitarian aid workers. IHL sets limits on the use of force, providing special rules for land, aerial,
and naval warfare. The justification for and legality of commencing hostilities is governed by jus ad
bellum principles, which lie outside the scope of this chapter. IHL addresses both the conduct of
armed forces military and the protection of non-combatants. Although historically restricted to
international conflicts, since the end of World War II, IHL increasingly applies to non-international
conflicts. Nonetheless, the classification of armed conflicts remains important because different rules
apply to international and non-international conflicts. Despite being a discreet subject of public
international law, IHL also intersects with human rights law and international criminal law. As the
nature of warfare and weapons change, IHL will develop stronger ties to human rights law and other
branches of international law.
The broad nature and long history of IHL mean that there are many sources and examples which
cannot be covered by this chapter. Researching IHL involves multiple issues and it is important to
keep in mind that the nature of IHL has changed over time and continues to evolve. This guide
covers the basic materials and concepts, but the researcher is advised to look beyond the basics when
researching IHL. Due to the complex nature of IHL, no one source is likely to provide all the
information needed. For an introduction to IHL see:
International Committee of the Red Cross (ICRC). International Humanitarian Law: Answers to
Your Questions. (http://www.icrc.org/eng/resources/documents/publication/p0703.htm)
II. Getting Started Researching International Humanitarian Law
The primary sources for IHL are international conventions, customary law, judgments of
international tribunals and domestic courts, and state practice. The primary sources constitute
"Hague Law," regarding the conduct of hostilities, and "Geneva Law," which protects the victims of
war. The following websites provide full-text access to the majority of IHL primary documents:
• International Committee of the Red Cross International Humanitarian Law
(http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/ihl?OpenDocument). This is the
single most important online site for IHL research,
• The United Nations websites: Treaty Collection (http://untreaty.un.org/),
• The University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/),
• The Avalon Project at Yale University Law School (http://avalon.law.yale.edu/), and the
Multilateral Treaties Project at the Fletcher School at Tufts University
(http://fletcher.tufts.edu/multilaterals/).
A. Bibliographic Databases and Online Catalogs
5

International Committee of the Red Cross Library (http://www.icrc.org/eng/resources/library-
research-service/index.jsp)
Online catalog available at (http://www.cid.icrc.org/library/)
How to research IHL using Library of Congress Subject Headings

Most online catalogs use standard Library of Congress Subject Headings (LCSH)
(http://www.loc.gov/catdir/cpso/lcco/lcco.html). Unlike Human Rights, there is no one standard
term used for IHL. Other commonly used terms referring to IHL include, "law of armed conflict",
"law of war" and "use of force."
For general information on IHL, use the subject heading HUMANITARIAN LAW, as this will
produce the greatest results in most library catalogs. Use the subject headings HUMANITARIAN
LAW, INTERNATIONAL for general or comparative books on IHL. Individual topics in IHL have
their own subject headings which are discussed within the individual sections.
For example: WAR (International law), COMBATANTS AND NONCOMBATANTS

(International law). The following are some of the most commonly used subject headings for
locating information on IHL. War victims - legal status, laws, etc.; United Nations; International
Court of Justice ; Crimes against humanity; War crimes; Human Rights; Humanitarian Law
(International); Genocide.
B. Periodical Indexes
For a synopsis of major journal indexes see the Human Rights
(http://www.asil.org/sites/default/files/ERG_HUMRTS.pdf) chapter of this Guide, specifically
the section on periodical indexes for descriptions of Current Law index, Index to Foreign Legal
Periodicals, Index to Legal Periodicals, Peace Palace Library, and Public International Law
Bibliography from the Max Planck Institute.
C. Free Database Collections of Treaties Online

International Committee of the Red Cross (http://www.cicr.org/eng). ICRC Treaty Page
(http://www.icrc.org/ihl)
Electronic Information System for International Law EISIL (http://www.eisil.org/) This online
portal from ASIL includes authenticated international agreements and online resources for
Humanitarian Law under the heading of "Human Rights," and also under the categories of "Use of
Force" and "International Criminal Law."
The Avalon Project (http://avalon.law.yale.edu/): Documents in Law, History, and Diplomacy,

Yale University Law School . The Avalon Project provides access to documents in the fields of Law,
6

History, Economics, Politics, Diplomacy and Government. It is divided by time period, beginning
with ancients texts and is also searchable by collection. Relevant collections include Laws of War :
Hague and Geneva Conventions Nuremberg War Crimes Trial Papers Relating to the Foreign
Relations of the United States and Peace Conference at the Hague 1899: Correspondence,
Instructions and Reports.
United Nations Treaty Collection, (http://treaties.un.org/Pages/Home.aspx?lang=en) available

free online, provides access to the majority of 20thCentury multilateral treaties. The site provides
full-text access to treaties contained in the United Nations Treaty Series (UNTS). Recently revised,
there are a variety of searching options (type of agreement, signature date, entry into force date,
subject terms, popular name, title words, and registration number).
An important site for human rights treaties is the International Law page of the UN High
Commissioner for Human Rights
(http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx). The site
provides full-text treaties, status of treaties, reservations, and declarations. However, the section lacks
complete citations and there is no search mechanism for the treaties separate from the rest of the
website. University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/)
The University of Minnesota Human Rights Library is a vast collection of resources related to
human rights, including IHL. It provides access to many important international IHL treaties and
other instruments. These documents can be accessed by subject matter (Law of Armed Conflict )
(War Crimes and Crimes Against Humanity, Genocide, and Terrorism)
Multilaterals Project (http://fletcher.tufts.edu/multilaterals/)

There is a direct link to Rules of Warfare, Arms Control (http://fletcher.archive.tusm-
oit.org/multilaterals/warfare.html), which provides a chronological list of all major IHL
instruments.
D. IHL specific Websites
International Committee of the Red Cross(ICRC) (http://www.cicr.org/eng).

The ICRC is the principal international body devoted to developing, implementing, and promoting
IHL. The ICRC is generally credited with beginning the development of modern IHL . The ICRC
plays a very important role in IHL development and its implementation by states as discussed in
Section VII. A (internal link). The ICRC website contains a section on international humanitarian
law (http://www.cicr.org/web/eng/siteeng0.nsf/htmlall/ihl?OpenDocument), which provides a
wealth of primary and secondary IHL resources. The site provides full-text access to treaties,
commentaries on the four Geneva Conventions of 1949 and their Additional Protocols, list of
signatures, ratifications, and reservations (http://www.cicr.org/ihl). There are also links to many
7

publications which provide history and answers to questions regarding IHL. The site also features
the National Implementation Database (http://www.cicr.org/ihl-nat ) of national laws,
regulations, and case law on the implementation of humanitarian law is quite valuable to the
researcher. It is accessible by State or keyword. The site is available in English, French, Spanish, and
Arabic. The ICRC website is the single most authoritative online resource for IHL research.
International Federation of Red Cross and Red Crescent Societies (http://www.ifrc.org/).

Current information on humanitarian issues around the world. Contains links to other Red
Cross/Red Crescent organizations on the Internet. Of special interest is the World Disasters Report
and the Code of Conduct. The International Federation of Red Cross and Red Crescent Societies
(IFRC) is the world's largest humanitarian organization, with 186 member national societies. The
work of the IFRC adheres to seven fundamental principles; humanity, impartiality, neutrality,
independence, voluntary service, unity and universality.
International Humanitarian Law Research Initiative, Harvard University

(http://www.ihlresearch.org/). This site's "E-Library" contains full-text documents on
humanitarian law arranged by topic or region. Documents include government memoranda, reports
and analysis, legal instruments, resolutions and directives, and judicial decisions.
University of Minnesota Human Rights Library -- Humanitarian Law of Armed Conflict

(http://www1.umn.edu/humanrts/instree/auoy.htm). Contains the full text of all four 1949
Geneva conventions and the two 1977 protocols which are the most frequently cited IHL
conventions, and many other related instruments. Many are available in French and English.
International and Humanitarian Law Library (http://www.worldlii.org/int/special/ihl/). from

WorldLII. This database contains treaties, cases, and law journals.
World Legal Information Institute (http://www.worldlii.org/) a free database provides access to

databases from over 100 countries and territories via the Free Access to Law Movement.
International & Humanitarian Law, also see International Courts & Tribunals Library
(WorldLII) (http://www.worldlii.org/int/cases/).
III. Historical Sources

In Europe, the earliest writers on international law discussed standards for armed conflicts. Examples
of historically significant works include: Francisco de Vitoria's Lectures and Reflecciones, Hugo
Grotius', De Jure Belli at Pacis (On the Law of War & Peace) particularly Book III, Emmerich de
Vattel's Le Droit de Gens, and Alberico Gentili's De Jure Belli.
8

Prior to codification in the 19th Century, sources of IHL included domestic military codes, bilateral
treaties, conflict-specific agreements, and customs and traditions. Sumerians, Hittites, Persians, and
Greeks all had rules or laws concerning various aspects of war, such as treatment of prisoners, use of
poisons, and respect for cultural objects. Religious proscriptions on the conduct and means of war go
back to ancient times. The concept of 'chivalry' which was the basis for much early humanitarian
law was part of the Christian tradition. For a general discussion of religious influences on IHL see
Carolyn Evans. The Double-Edged Sword: Religious Influences on International Humanitarian
Law. (http://www.austlii.edu.au/au/journals/MelbJIL/2005/1.html)
Islam also addressed humanitarian needs, stipulating that women, children and old people should
not be killed; did not allow for the destruction of houses, fields, or livestock. In the twelfth century,
Sultan Saladin ordered equal treatment of wounded on both sides and allowed hospital services to be
provided.
The following link provides more information: principles governing international law from an
Islamic point of view. (http://www.icrc.org/eng/assets/files/other/irrc_858_zuhili.pdf)
A good overview can be found in The Red Cross and Red Crescent's magazine article on
Humanitarian Law and Islam. (http://www.redcross.int/EN/mag/magazine2005_1/24-25.html)
Many of the seminal European texts, in translation and the vernacular, can be found online through
HeinOnline's Legal Classics database (subscription required). Some of the authors and
commentaries on the early works can also be read full-text on Gale's Eighteenth Century Collections
Online and Making of Modern Law Legal Treaties database (subscriptions required). Many of these
texts also appear on Google Books. (http://books.google.com/)
Peace Palace Grotius Collection provides links to full-text of Grotius' treatises.

(http://www.ppl.nl/index.php?option=com_content&view=article&id=82)
ICRC. History of International Humanitarian Law.

(http://www.icrc.org/eng/resources/documents/misc/mouvement-date-011006.htm)
IV. Protected Persons (Geneva Law)

The Geneva Conventions, often referred to as Geneva Law, protect the victims of war, requiring
humane treatment of civilians and combatants who have laid down their arms. The four Geneva
Conventions of 1949 and the two Additional Protocols of 1977, and the third Additional Protocol
of 2005 are the bedrock of contemporary IHL. Individuals involved in armed conflicts are identified
as belonging, or not belonging, to groups of protected persons. Categories of protected persons are:
hors de combat (wounded, sick, and shipwrecked), prisoners of war (POWs), civilians, relief
9

personnel, and medical and religious personnel. Since the end of the World War II, IHL has been
greatly influenced by developments in human rights law.
The Geneva Conventions of 12 August 1949.
The IRCR links below provide full-text documents, list of articles, commentaries, and state signatory
information.
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field. Geneva, 12 August 1949.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=4825657B0C7E6BF0C12563
CD002D6B0B&action=openDocument)
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea. Geneva, 12 August 1949.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=2F5AA9B07AB61934C12563
CD002D6B25&action=openDocument)
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=77CB9983BE01D004C12563
CD002D6B3E&action=openDocument)
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August
1949.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=AE2D398352C5B028C12563
CD002D6B5C&action=openDocument)
Resolutions of the Diplomatic Conference. Geneva, 12 August 1949.

(http://www1.umn.edu/humanrts/instree/1949f.htm)
The travaux préparatoires of the 1949 Geneva Conventions have been posted on the catalog of the
International Committee of the Red Cross Library.
(http://www.cid.icrc.org/library/Direct.aspx?searchfield=856u&searchterm=http://www.cid.icr
c.org/library/docs/CDDH%25)
Decolonization struggles and developments in weaponry during the 1960's and 1970's demonstrated
the need to update the original Geneva Conventions of 1949. The 1977 Protocols Additional to the
1949 Geneva Conventions addressed both the issues of the nature of warfare and the protection of
victims. Protocol I addresses issues of international armed conflict, while Protocol II governs non-
10

international (internal) armed conflict. The two Additional Protocols have not been ratified by as
many countries as the original four Geneva Conventions.
Protocol I Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=D9E6B6264D7723C3C1256
3CD002D6CE4&action=openDocument)
Protocol II Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of Non-International Armed Conflicts.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=AA0C5BCBAB5C4A85C1256
3CD002D6D09&action=openDocument)
Protocol III Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption
of an Additional Distinctive Emblem (Protocol III), 8 December 2005.
(https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=8BC1504B556D2F80C12571
0F002F4B28&action=openDocument)
For the US position on Protocol II see A Message from the President of the United States regarding
Protocol II Additional to the 1949 Geneva Conventions, and Relating to the Protection of Victims
of Non-International Armed Conflicts, December 3, 1986.
(http://www.loc.gov/rr/frd/Military_Law/pdf/protocol-II-100-2.pdf)
International Committee of the Red Cross. Interpretive Guidance on the Notion of Direct
Participation in Hostilities under International Humanitarian Law
(http://www.icrc.org/eng/resources/documents/article/review/review-872-p991.htm)
Claude Pilloud, Yves Sandoz et. al. Commentary on the Additional Protocols. International
Committee of the Red Cross. Martinus Nijhoff, 1987.
(https://www.icrc.org/eng/resources/documents/publication/p0421.htm)
Case Law for issues related to the Geneva Conventions

The International Court of Justice (http://www.icj-cij.org/docket/index.php?p1=3&p2=2).
Search under "contentious cases," listed by date of filing or by date of culmination. In addition to
judgments, the ICJ site includes memorials submitted by the parties and transcripts of oral
arguments.
World Legal Information Institute (http://www.worldlii.org/) Choose "International decisions" or
"International and Humanitarian Law" - "International Courts & Tribunals Library.”
11

Examples of international criminal tribunals that have applied the Geneva Conventions in their
judgments:
ICTY, the Prosecutor v. Tadic (http://www.worldlii.org/int/cases/ICTY/1997/2.html).
ICTR, The Prosecutor v. Jean-Paul Akayesu (http://www.unictr.org/en/cases/ictr-96-4)
There are many issues related to the Geneva Conventions and the Additional Protocols which the
researcher may be interested in investigating. Some of the major topics are:
1. Neutrality
While today there is some debate as to the ability of any state to be neutral, the concept of the
Neutral State, and the Law of Neutrality have a long history. ICRC. Law of Armed Conflict:
Neutrality: (http://lawofwar.org/Neutrality.htm)
The concept of neutral powers is addressed in the first Geneva Convention in Art. 37 regarding the
flights of medical transports. Medical and religious personnel are still accepted as protected neutral
parties. See also, International Law of War Association, Chapter 9, Neutrality,
(http://lawofwar.org/Neutrality.htm)
2. Command Responsibility
Command responsibility has been an issue since the Nuremberg and Tokyo International Military
Tribunals. The Additional Protocols state that the commanding officer must ensure that his
subordinates are aware of their duties and rights under international law, that they are obliged to
prevent, and where necessary, to suppress or to report to competent authorities, any breaches of
international law (Art. 87 API). The support of a legal advisor is also required (Art. 82 API). Arts.
86(2) and 87(3) of Protocol I address participation in war crimes. See also Rome Statute of the ICC
(http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm) Article 28 Responsibility of
commanders and other superiors.
3. Non-International Armed Conflicts

Common Article 3 of the Geneva Conventions of 12 August 1949 and the Second Additional
Protocol of 8 June 1977, Relating to the Victims of Non-International Armed Conflict govern the
conduct of belligerents in non-international armed conflict. Common Article 3 issues have been
relevant to the US conflict against non-state terrorist groups.
4. War Crimes / Grave Breaches of IHL- Various articles in the four Geneva Conventions and Arts.
11(4), 85 and 86 of Protocol I,
(http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions) address the issue of grave
breaches of IHL. Cases of note in this area are: Prosecutor v. Tadic (Final Judgment), ICTY (1997)
(http://www.worldlii.org/int/cases/ICTY/1997/2.html) and Prosecutor v. Blaskic (1994)
(http://www.icty.org/x/cases/blaskic/acjug/en/bla-aj040729e.pdf).
12

5. Crimes Against Humanity This is a twentieth century concept that evolved from the Charter of
the International Military Tribunal of 8 August 1945 and whose legal definition is found in the
Statute of the International Criminal Court, Part 2, Art. 7
(http://untreaty.un.org/cod/icc/statute/romefra.htm).
Cases of note in this area are: Prosecutor v. Tadic (Final Judgment), ICTY (1997)
(http://www.icty.org/x/file/Legal%20Library/jud_supplement/supp28-e/tadic.htm) and
Prosecutor v. Akayesu, ICTR (1998),
(http://www.unictr.org/tabid/128/Default.aspx?id=18&mnid=4).
6. Civilians v. Combatants
The definition of the civilian population is found in, Art. 50, Protocol I,
(http://www.icrc.org/ihl.nsf/WebART/470-750064?OpenDocument).
Nils Melzer, Interpretive Guidance on the Notion of Direct Participation in Hostilities.

International Committee of the Red Cross, 2009.
(http://www.icrc.org/eng/resources/documents/publication/p0990.htm)
Navi Pillay, Open Debate on Protection of Civilians in Armed Conflict, United Nations Security
Council, July , 2010.
(http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=10197&LangID=e)
Geneva Call (http://www.genevacall.org/) Promotes compliance with international humanitarian

law among non-state actors.
Human Rights in Palestine and Other Occupied Arab Territories: Report of the United Nations
Fact Finding Mission on the Gaza Conflict. A/HRC/12/48. September 15, 2009.
Richard Goldstone’s report investigates Israel’s blockade of Gaza, IDF military operations, and
targeting of civilians by Palestinian armed groups during Israel’s Operation Cast Lead (December
2008 - January 2009). Richard Goldstone. Report of the United Nations Fact Finding Mission on
the Gaza Conflict, Human Rights Council. A/64/490. October 29, 2009.
(http://www.un.org/ga/search/view_doc.asp?symbol=A/64/490).
Richard Baxter. So Called 'Unprivileged Belligerency', Spies, Guerrillas and Saboteurs. 28 Brit. Y.B.
Int'l L. 323 (1951).
7. Prisoners of War and Detainees (POWs)

Unprivileged Belligerents (http://www.icrc.org/eng/resources/international-review/index.jsp )
13

Bin Haji Mohamed Ali and Another v. Public Prosecutor, Judicial Committee of the Privy Council
(U.K.), 29 July 1968, (http://www.icrc.org/ihl-
nat.nsf/46707c419d6bdfa24125673e00508145/383128666c8ab799c1256a1e00366ad3!Open
Document).
1959, Judge Advocate General, U.S. Army. A Treatise on the Juridical Basis of the Distinction
Between Lawful Combatant and Unprivileged Belligerent.
(http://www.loc.gov/rr/frd/Military_Law/pdf/treatise.pdf)
Targeting Versus Deprivation of Liberty Under the International Law of Armed Conflict. Ramin
Mahnad. ASIL Insights, Nov. 1, 2011.
(http://www.asil.org/insights/volume/15/issue/28/targeting-versus-deprivation-liberty-under-
international-law-armed)
Other sites:
Bruce Oswald and Thomas Winkler, Copenhagen Process Principles and Guidelines on the
Handling of Detainees in International Military Operations, ASIL Insights, December 2012.
(http://www.asil.org/insights/volume/16/issue/39/copenhagen-process-principles-and-
guidelines-handling-detainees)
United States Military Medicine in War on Terror Prisons. University of Minnesota Human Rights
Library. (http://www1.umn.edu/humanrts/OathBetrayed/index.html)
Guantanamo Testimonials Project. (http://humanrights.ucdavis.edu/projects/the-guantanamo-

testimonials-project)
International Justice Network. (http://www.ijnetwork.org/)

NGO involved in defending detainees at Guantanamo and Bagram, Afghanistan Project to Enforce
the Geneva Conventions.
(http://www.pegc.us/archive/Organizations/LCHR_AssessingtheNewNormal.pdf)
V. Conduct of War (Hague Law)

The scope of IHL includes the regulation of the use of force and the conduct of states and
individuals in warfare. Hague Law encompasses the legality of target selection, the prohibition of
certain classes of weapons, and the lawful deployment of specific munitions in the field of battle.
IHL recognizes five fundamental principles of the conduct of hostilities: distinction, military
necessity, proportionality, humanity, and respect for humanitarian aid agencies. These principles
protect civilian targets from attack, prohibit indiscriminate attacks, and ensure that ICRC and UN
insignia will be respected.
14

There are several excellent sources of links to the documents concerning the conduct of war. The
International Committee of the Red Cross (http://www.icrc.org/ihl), the University of Minnesota
(http://www1.umn.edu/humanrts/), and the Avalon Project at Yale University
(http://avalon.law.yale.edu/ ), all provide links to these important codes, declarations and treaties. (
Internal Link to Primary Documents, Treaties.)
Hague Law Treaties and Codes

19th Century
The 19th century saw the beginning of the codification of many customary principles of the conduct
of war. Within IHL there are special rules for the conduct of war on land, at sea, and in the air.
Examples of attempts to synthesize customary IHL include:
24 April 1863 - Instructions for the Government of the Armies of the United States in the Field,
known as the Lieber Code. Written by Francis Lieber during the American Civil War, the Lieber
Code was the first set of written field instructions. It covers many of the issues later covered by the
Hague Conventions, addressing issues such as which enemies should/could be attacked, and stating
that unarmed civilians and their property are to be respected, and prisoners and wounded are to be
treated humanely. (https://www.icrc.org/ihl/INTRO/110)
29 November - 11 December 1868 Declaration Renouncing the use, in Time of War, of Explosive
Projectiles under 400 Grammes Weight (The St. Petersburg Declaration). The St. Petersburg
Declaration of 1868, (https://www.icrc.org/ihl/INTRO/130?OpenDocument) codified the
prohibition of the use of weapons which cause unnecessary suffering.
The 29 July 1899 Convention banned the use of certain weapons and techniques of war. It also set
up the Permanent Court of Arbitration (PCA). Hague II Laws and Customs of War on Land : 29
July 1899 (http://avalon.law.yale.edu/19th_century/hague02.asp)
20th Century
Many of the Hague law treaties were drafted over a century ago during the Hague Conferences of
1899 and 1907, yet they are still frequently cited. Among the Hague Conference conventions still
referenced today are the following:
Hague II - Limitation of Employment of Force for Recovery of Contract Debts : October 18,
1907
Hague IV - Laws and Customs of War on Land : 18 October 1907
Hague V - Rights and Duties of Neutral Powers and Persons in Case of War on Land : 18
October 1907
Hague VIII - Laying of Automatic Submarine Contact Mines : 18 October 1907
15

Hague IX - Bombardment by Naval Forces in Time of War : 18 October 1907
The Martens Clause. The Hague II Convention of 1899 included a clause, known as the Martens
Clause, that still plays an important role in IHL today. It reads: "Until a more complete code of the
laws of war is issued, the High Contracting Parties think it right to declare that in cases not included
in the Regulations adopted by them, populations and belligerents remain under the protection and
empire of the principles of international law, as they result from the usages established between
civilized nations, from the laws of humanity and the requirements of the public conscience."
The clause has since appeared in modified form in the 1907 Hague IV, in the Additional Protocol I
to the Geneva Conventions of 1949, and was used by the International Court of Justice (ICJ) in the
advisory opinion, Legality of the Threat or Use of Nuclear Weapons (8 July 1996). This clause is and
has been the subject of debate regarding its meaning and application. The Martens Clause is used to
address issues not directly addressed in existing treaties.
Rupert Ticehurst. The Martens Clause and the Laws of Armed Conflict. International Review of the
Red Cross No. 317, April 30, 1997.
(http://www.icrc.org/eng/resources/documents/article/other/57jnhy.htm)
Other significant 20th Century Treaties Relating to the Conduct of War:

Outer Space Treaty (http://www.unoosa.org/oosa/SpaceLaw/outerspt.html) 27 January 1967.
Anti-Ballistic Missile Treaty (http://www.fas.org/nuke/control/abmt/) 26 May 1972.
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which

may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (Inhumane Weapons
Convention) 10 October 1980, Art. I amended on 20 December 2001,
http://www.unog.ch/80256EE600585943/(httpPages)/4F0DEF093B4860B4C1257180004B1
B30?OpenDocument) (I) Protocol on Non-detectable Fragments;(II) Protocol on Prohibitions or
Restrictions on the use of Mines, Booby-traps and other Devices, revised on 3 May 1996; (III)
Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons; (IV) Protocol on
Blinding Laser Weapons, adopted on 13 October 1995; (V) Protocol on Explosive Remnants of
War, adopted on 28 November 2003.
Ottawa Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-
personnel Mines and on their Destruction 3 December
1997.(http://www.un.org/Depts/mine/UNDocs/ban_trty.htm)
(http://www.icrc.org/web/eng/siteeng0.nsf/html/landmines-factsheet-150807)
16

Convention on Cluster Munitions, 2008 ( http://www.stopclustermunitions.org/).Travaux
préparatoires of the convention is available at: Dublin Diplomatic Conference on Cluster Munitions
(http://www.clusterconvention.org/documents-and-resources/documents-from-the-process-on-
cluster-munitions/dublin-diplomatic-conference/). The Convention on Cluster Munitions
entered into force Aug. 1, 2010.
See Priya Pillai. Adoption of the Convention on Cluster Munitions. ASIL Insight, Oct. 1, 2008.
(http://www.asil.org/insights081001.cfm)
International Campaign to Ban Landmines. (www.icbl.org)
The Chemical Weapons Convention After Ten Years: Successes and Future Challenges. David
Fidler. ASIL Insights, April 27, 2007.
(http://www.asil.org/insights/volume/11/issue/12/chemical-weapons-convention-after-ten-
years-successes-and-future)
Organization for the Prohibition of Chemical Weapons (http://www.opcw.org)

Intergovernmental organization created in 1997 to enforce the Chemical Weapons Convention.
The OPCW was awarded the Nobel Peace Prize in 2013.
Nuclear Weapons
Some useful sites for Nuclear Weapons research include: The United Nations Office for
Disarmament Affairs (http://www.un.org/disarmament/WMD/Nuclear/NPT.shtml) and the
Arms Control Association, (http://www.armscontrol.org/treaties).
See also, 1963 Limited Test Ban Treaty (http://www.state.gov/r/pa/ho/time/ea/104271.htm) and
Nuclear Non-Proliferation Treaty, 2005. (http://www.un.org/events/npt2005/npttreaty.html)
Regarding New Weapons see Art. 36, Additional Protocol I.
(http://www.icrc.org/Web/eng/siteeng0.nsf/html/5PXET2)
International Atomic Energy Agency. (http://www.iaea.org/)
The Treaty on the Non-Proliferation of Nuclear Weapons: Taking Stock after the May 2008
Preparatory Committee Meeting. ASIL Insights. Lisa Tabassi and Jacqueline Leahey. June 30, 2008.
(http://www.asil.org/insights/volume/12/issue/14/treaty-non-proliferation-nuclear-weapons-
taking-stock-after-may-2008)
Secondary Resources
Laura A. Dickinson, Military Lawyers on the Battlefield: An Empirical Account of International Law
Compliance. 104 American Journal of American Law 1 (2010)
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1628658)
17

ICRC. Weapons and International Humanitarian Law
(http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_ihl_weapons?OpenDocument)
The State of Israel. Gaza Operation Investigations: An Update, July 2010.

(http://www.mfa.gov.il/MFA/Terrorism-
+Obstacle+to+Peace/Hamas+war+against+Israel/Gaza_Operation_Investigations_Second_Update_J
uly_2010.htm)
Alan Vick, Aerospace Operations in Urban Environments: Exploring New Concepts. Arlington, VA:
RAND, 2000. (http://www.rand.org/pubs/monograph_reports/MR1187/)
VI. Primary Sources of IHL

The primary sources of IHL are treaties, customary law ( jus cogens, state practice, and opinio juris),
case law, and military doctrine contained in field manuals and other military publications and
regulations.
A. Treaties
The ICRC 's Treaty Database (1865 - current) (http://www.icrc.org/ihl) provides full-text of IHL
agreements searchable by date. The ICRC website offers a variety of access points for treaty research
by country (https://www.icrc.org/applic/ihl/ihl.nsf/vwTreatiesByCountry.xsp), by date
(https://www.icrc.org/applic/ihl/ihl.nsf/vwTreatiesByDate.xsp) and by topic
(https://www.icrc.org/applic/ihl/ihl.nsf/vwTreatiesByTopics.xsp). Topics include prosecution of
war crimes, cultural property, methods of warfare, naval and air warfare, victims of armed conflict
and miscellaneous.
In addition to full-text of documents, the ICRC Treaty database includes state parties, dates of
signature and ratification, declarations and reservations, and commentaries. The introductory
materials to each treaty list the institution responsible for drafting the agreement, indicate whether it
is still in force, provide the date of entry into force, and cite to a print source for the document.
ICRC Treaty Database does not provide citations for the treaties. The Geneva Conventions and
their Additional Protocols have their own page:
(http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions)
Electronic Information System for International Law (EISIL). This ASIL Web portal provides
authenticated, full-text access to treaties arranged by subject matter, and also provides descriptions of
the agreements. (http://www.eisil.org/index.php?cat=705&t=sub_pages)
EISIL - Use of Force Category
(http://www.eisil.org/index.php?sid=894839248&t=sub_pages&cat=23)
18

ESIL - Law of Armed Conflict
(http://www.eisil.org/index.php?sid=141902395&cat=75&t=sub_pages)
The United Nations Treaty Series, (http://treaties.un.org,) is available free online and in print. It is
also available through HeinOnline (subscription required).
Multilateral Project - Rules of Warfare, Armed Conflict (http://fletcher.archive.tusm-

oit.org/multilaterals/warfare.html)
It contains a variety of full-text treaties and documents, including many United Nations instruments
and a chronological list of all major IHL instruments beginning with the Lieber Code of 1863.
University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/). The

University of Minnesota Human Rights Library is a vast collection of resources on human rights,
including IHL. It provides access to many important international IHL treaties. These documents
can be accessed by subject matter (Law of Armed Conflict) (War Crimes and Crimes Against
Humanity, Genocide, and Terrorism )
(http://www1.umn.edu/humanrts/instree/ainstls2.htm),instrument list(use the titles given in
subject matter (http://www1.umn.edu/humanrts/instree/ainstls1.htm), or one can search the site
using the link on the search mechanisms page
(http://www1.umn.edu/humanrts/searchdevices.htm).The site provides full-text of documents,
citations, ratification information, and date of entry into force.
The Avalon Project: Documents in Law, History, and Diplomacy Yale University Law School
(http://avalon.law.yale.edu/) See specifically, Avalon Laws of War (1856 - 1975)
(http://avalon.law.yale.edu/subject_menus/lawwar.asp). Full-text of selected treaties. No
citations, entry into force or state party information. The Avalon Project provides access to
documents in the fields of Law, History, Economics, Politics, Diplomacy and Government. It is
divided by time period, beginning with ancients texts and is also searchable by Collection. Relevant
collections include Laws of War : Hague and Geneva Conventions Nuremberg War Crimes Trial
Papers Relating to the Foreign Relations of the United States and Peace Conference at the
Hague 1899 : Correspondence, Instructions and Reports. The site is easily searched. In addition
to primary documents, the site also contains documents referred to in the body of texts or ones that
are considered by the editors to be a supporting document.
Text and Status of the United Nations Conventions on Terrorism

Multilateral and regional treaties related to terrorism deposited with the United Nations Secretary
General and regional inter-governmental organizations.
19

Core Human Rights Instruments
United Nations Office of the High Commissioner for Human Rights
(http://www2.ohchr.org/english/law/index.htm#instruments)
Effects of Armed Conflicts on Treaties. International Law Commission

(http://legal.un.org/ilc/guide/1_10.htm)
United States Institute of Peace, Peace Agreements Digital Collection

(http://www.usip.org/library/pa.html). This site contains a collection of the full text of peace
agreements related to worldwide state conflicts since 1989.
International Legal Materials (ILM), an ASIL publication, is available electronically through

HeinOnline (subscription required), LEXIS and WESTLAW, and in print. Each issue contains the
full text of important treaties and agreements, judicial and arbitral decision, international
organizations resolutions and other documents.
Researching international humanitarian law involves looking at recently concluded treaties as well as
agreements signed over a century ago, and useful information about IHL, both historical and
current, can also be found on the websites of non-governmental organizations.
Secondary Sources of IHL Treaties
Jean Pictet, Commentaries on the Geneva Conventions of 12 August 1949.

(http://www.loc.gov/rr/frd/Military_Law/Geneva_conventions-1949.html)
B. Case Law
International courts, ad hoc tribunals and commissions, and domestic courts all enforce and
interpret IHL. The International Court of Justice has addressed IHL in a few of its judgments. After
the end of the Cold War, various ad hoc tribunals, most notably the International Criminal
Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda
(ICTR), have tried individuals for violations of IHL. Judgments of the International Court of Justice
are available on its website (http://www.icj-cij.org/) and on WESTLAW and LEXIS.
1. Sources for Case Law from International Courts and Tribunals

International Criminal Court (http://www.icc-cpi.int/). For a more complete discussion of the
ICC, see the International Criminal Law chapter of this Guide.
(http://www.asil.org/sites/default/files/ERG_CRIM.pdf)
20

International Criminal Tribunal for the Former Yugoslavia, (http://www.un.org/icty/), also
available on WESTLAW (INT-ICTY).
International Criminal Tribunal for Rwanda, (http://www.unictr.org/) , also available on

WESTLAW (INT-ITCR).
Special Court for Sierra Leone, (http://www.sc-sl.org/).

Khmer Rouge Trial Task Force & Extraordinary Chambers in the Courts of Cambodia for the
Prosecution of Crimes Committed During the Period of Democratic Kampuchea,
(http://www.eccc.gov.kh/) (Cambodian official site).
Annotated Leading Cases of International Criminal Tribunals. Subscription required.

(http://annotatedleadingcases.com/)
2. Regional Tribunals
African Court of Human and Peoples Rights, (http://www.african-court.org/).
European Court of Human Rights, (http://www.echr.coe.int/Pages/home.aspx?p=home). Full

text search capability.
Inter-American Commission on Human Rights, (http://www.cidh.oas.org/defaulte.htm)
Inter-American Court of Human Rights.

(http://www.corteidh.or.cr/index.cfm?CFID=488606&CFTOKEN=49180030)
International Enforcement Law Reporter (subscription required) (http://www.ielr.com/)

The following three commissions represent examples of civil liability for IHL transgressions and
compensating civilian victims of war.
Eritrea-Ethiopia Claims Commission. (http://www.pca-cpa.org/showpage.asp?pag_id=1151)
United Nations Compensation Commission Iraq and Kuwait (http://www.uncc.ch/)
3. Domestic Enforcement of IHL

Individual countries have incorporated IHL into their domestic legislation, such as passing war
crimes statutes. Search the World Legal Information Institute (http://www.worldlii.org/) for
legislation and judgments, some of which are available in full text.
21

ICRC National Implementation Database. (http://www.icrc.org/ihl-nat) Includes legislation and
case law organized by country. Also searchable by keyword. Provides citations and summaries, with
some full-text materials.
For application of IHL in national courts, see Oxford University Press. Oxford Reports on
International Law, International Law in Domestic Courts database.
(http://www.oxfordlawreports.com/About) (subscription required). An online subscription
database, which includes modules on International Courts of General Jurisdiction, International Law
in Domestic Courts (http://www.oup.com/online/ildc/), International Criminal Law, and
International Human Rights Law.
United States Military Commissions (http://www.mc.mil/)

Military courts set up under the U.S. Military Commissions Act of 2009 to try Al-Qaeda affiliated
detainees. Dockets from individual cases available at
(http://www.mc.mil/CASES/MilitaryCommissions.aspx)
Rule of Law in Armed Conflicts Project (RULAC). http://www.adh-

geneva.ch/RULAC/index.php. Website of the Geneva Academy of International Humanitarian
Law and Human Rights that arranges national legislation and case law, UN documents, and treaties
by country.
For coverage of detainee cases involving the US visit Prof. Bobby Chesney's National Security Law
blog (http://jnslp.wordpress.com/).
4. World War II Military Tribunals

Trial of the Major War Criminals Before the International Military Tribunal Nuremberg 1945-
1946.
Full-text of all 42 volumes. (http://www.loc.gov/rr/frd/Military_Law/NT_major-war-
criminals.html)
Also available on HeinOnline's World Trials Library database (subscription required).
Famous World Trials. Nuremberg Trials 1945 - 1949.

(http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/nuremberg.htm)
Nuremberg Trials and Their Legacy. United States Memorial Holocaust Museum.
(http://www.ushmm.org/information/exhibitions/online-features/special-focus/nuremberg-
trials-legacy)
22

Nuremberg Trials Project. Harvard Law School Library.
(http://nuremberg.law.harvard.edu/php/docs_swi.php?DI=1&text=overview)
London Agreement for the Prosecution and Punishment of the Major War Criminals of the
European Axis and Charter of the International Military Tribunal, 8 August 1945.
(https://www.icrc.org/ihl/INTRO/350?OpenDocument)
International Military Tribunal for the Far East. Tokyo Tribunal Charter.
(http://www.iccwomen.org/wigjdraft1/Archives/oldWCGJ/tokyo/charter.htm)
The International Military Tribunal for the Far East, From TRIAL. (http://www.trial-
ch.org/index.php?id=899&L=5)
5. Online Guides and Treatises

ASIL - International Criminal Law. (http://www.asil.org/sites/default/files/ERG_CRIM.pdf)
Amy Burchfield, International Criminal Courts for the Former Yugoslavia, Rwanda and Sierra
Leone: A Guide to Online and Print Resources, GlobaLex, August, 2014.
(http://www.nyulawglobal.org/Globalex/International_Criminal_Courts1.htm)
EISIL - International Criminal Law.

Marko Milanovic, ICC Prosecutor Charges the President of Sudan with Genocide, Crimes Against
Humanity and War Crimes in Darfur. ASIL Insights. July 28, 2008.
(http://www.asil.org/insights/volume/12/issue/15/icc-prosecutor-charges-president-sudan-
genocide-crimes-against-humanity)
LLRX. Update to International Criminal Law: A Selective Resource Guide.

(http://www.llrx.com/features/int_crim3.htm)
C. Customary Law
Developments in customary law play an important part in the evolving and expanding reach of IHL.
Section 102(2) of the Restatement of the Law, Third, Foreign Relations Law of the United States
describes it as follows: "Customary international law results from a general and consistent practice of
states followed by them from a sense of legal obligation." (American Law Institute, 1987).
IHL recognizes a number of jus cogens norms, also known as peremptory norms. Jus cogens is defined
as principles of international law so fundamental that no nation may ignore them or attempt to
23

contract out of them through treaties. For example, genocide, torture, and participating in a slave
trade are generally recognized as jus cogens norms. For information on contemporary developments
see Juscogens.Net. Security Council Compendium No. 20. (http://juscogens.typepad.com/)
Determining which norms have attained peremptory norm status - can be problematic. Evidence for
jus cogens is generally derived from the preponderance of states which have signed treaties, state
practice, and the writing of distinguished jurists.
For an example of how jus cogens is applied see International Law Commission Report, A/56/10
August 2001 - Draft Articles on Responsibility of State for internationally wrongful acts...Chapter
III - Serious breaches of obligations under peremptory norms of general international law.
The most authoritative and wide-ranging compilation of customary IHL is Jean-Marie Henckaerts’
and Louise Doswald-Beck’s, Customary International Humanitarian Law (Cambridge University
Press, 2005), Vol. 1, Rules and Vol 2, Practice. (http://www.icrc.org/customary-
ihl/eng/docs/home) This is the online version of the Study on Customary International
Humanitarian Law, conducted by the International Committee of the Red Cross (ICRC) and
published by Cambridge University Press in 2005. It is divided in two parts:
Part 1. Rules. Offers a comprehensive analysis of the customary rules of international humanitarian
law identified by the Study and considered to be applicable in international and non-international
armed conflicts. Nevertheless, the Study does not purport to offer an exhaustive assessment of all
customary rules in this field.
Part 2. Practice. Contains the underlying practice. For each aspect of international humanitarian law
covered, it provides a summary of relevant state practice including military manuals, legislation, case-
law and official statements, as well as practice of international organizations, conferences and judicial
and quasi-judicial bodies.
Part I of the database will be updated on a regular basis by the ICRC. To date, Part 2, Practice, has
been updated with practice from the United Nations and international and mixed judicial and quasi-
judicial bodies up until the end of 2007. Subsequent updates will include material from national
sources of practice.
Also see, Study of Customary International Humanitarian Law sponsored by the ICRC.
(http://www.icrc.org/eng/customary-law)
List of Customary Rules of International Humanitarian Law - Annex to J.- M. Henckaerts, Study on
customary international humanitarian law.
(http://www.icrc.org/Web/Eng/siteeng0.nsf/html/customary-law-rules-291008)
24

United Nations Law Commission, (http://www.un.org/law/ilc/) The purpose of International Law
Commission is to develop and codify customary international law.
For a general overview of the rules of Customary International Humanitarian Law (CIHL).
(http://www.cambridge.org/uk/law/cihl/overview.htm).
Office of the Legal Advisor of the U.S. Department of State, Digest of the United States Practice in
International Law. (http://www.state.gov/s/l/c8183.htm) Excellent source of state practice and
opinio juris of the US. See chapters on human rights, arms control and use of force.
Anthea Elizabeth Roberts, Traditional and Customary International Law: A Reconciliation

Subject Guides
Columbia Law School Library, Researching Customary International Law, State Practice and the
Pronouncements of States regarding International Law.
(http://www.nyulawglobal.org/globalex/Customary_International_Law.htm)
D. Military Manuals
Military field manuals provide evidence of state practice and the implementation of IHL by the
armed forces of individual states. By providing written instructions to military personnel, the
manuals govern the conduct of hostilities and the treatment of injured and detained combatants.
Jean-Marie Henckaerts and Louise Doswald-Beck's Customary International Humanitarian Law
(Cambridge University Press, 2005) contains citations to field manuals from a wide number of
countries.) Full-text available online. (http://www.icrc.org/customary-ihl/eng/docs/home)
1. US Military Manuals
United States Department of the Army Field Manual 27-10, The Law of Land Warfare (July 1956).
( http://www.globalsecurity.org/military/library/policy/army/fm/27-10/) covers treatment of
POWs, means of warfare, occupation, and treatment of civilians.
Global Security. (http://www.globalsecurity.org/military/library/policy/army/fm/)
Links: Army field manuals.
United States, Basic Field Manual, Volume VII - Military Law, Part Two, 1934.
(http://www.loc.gov/rr/frd/Military_Law/pdf/rules_warfare-1934.pdf)
25

United States Marine Corps, War Crimes. Reference Publication 4.11.8B, 2005.
(https://www.fas.org/irp/doddir/usmc/mcrp4-11-8b.pdf) Provides specific examples of actions
taken by members of military organizations that have been considered violations of the Law of War.
2. Foreign Military Manuals

Oxford Manual on the Laws of War on Land, 1880.
(http://www1.umn.edu/humanrts/instree/1880a.htm)
British Manual of Military Law, 1907.

(http://www.archive.org/details/manualofmilitary00greauoft)
Oxford Manual of the Laws of Naval War 1913.

(http://www.lawfareblog.com/wp-content/uploads/2013/01/Manual-of-the-Laws-of-Naval-
War.pdf)
San Remo Manual on International Law Applicable to Armed Conflicts at Sea.

(http://www.icrc.org/eng/resources/documents/misc/57jmsu.htm)
VII. Leading Institutions

The leading international institutions involved in IHL are: the International Committee of the Red
Cross (ICRC), and the United Nations (UN), and its judicial components, the International Court
of Justice (ICJ) and the International Criminal Court. There are also many UN agencies and non-
governmental organizations involved in specialized areas of IHL.
A. International Committee of the Red Cross

The primary institution for International Humanitarian Law in modern times is the International
Committee of the Red Cross and Red Crescent (http://www.icrc.org/), headquartered in Geneva.
Founded in 1863, the efforts of the ICRC led to the modern formation of IHL . See Henry
Dunant's "A Memory of Solferino"
(http://www.icrc.org/eng/resources/documents/publication/p0361.htm) for essential
background on the creation of the ICRC and the need for universal, permanent, written rules on the
conduct of war. The ICRC is a private association, not an intergovernmental organization,
incorporated under the laws of Switzerland. All ICRC members are Swiss citizens, but the ICRC is
not an instrumentality of the Swiss government. In addition to providing humanitarian relief, the
ICRC also monitors compliance with IHL by issuing reports and visiting POWs and other
detainees.
Today, the National Red Cross and Red Crescent Societies promote the implementation of IHL in
specific countries and conflicts. Their actions span a range of issues from discussing adherence to
26

IHL with national governments to being legal advisers for the training of armed forces and other
necessary personnel. Statutes of the Red Cross and Red Crescent Movement .
(http://www.icrc.org/eng/resources/documents/misc/statutes-movement-220506.htm)
For an overview of the ICRC and a discussion of its role as promoter and guardian of IHL, see
(http://www.icrc.org/ihl)
Agreement of the Organisation of the International Activities of the Components of the

International Red Cross and the Red Crescent Movement (The Seville Agreement).
(http://www.redcross.int/EN/HISTORY/sevillepreamble.asp)
International Federation of the Red Cross and the Red Crescent Societies Code of Conduct.
Pre-United Nations and the International Court of Justice

The history of IHL is one of continually addressing the evolving nature of warfare and technology
used in battle. The unprecedented destruction and mutilation of life during World War I
demonstrated the inadequacies of existing rules for the conduct of war. The Spanish Civil War
(1936-1939) and the Second World War (1939-1945) again demonstrated the need to expand the
protections of IHL to meet the changing nature of modern warfare. In the aftermath of the new
horrors, The United Nations (UN) and International Court of Justice (ICJ) were developed and
took their place in 1946. The ICJ interprets IHL through judgments in contentious cases and
advisory proceedings. (http://www.icj-cij.org/)
B. The United Nations

Under Chapter VII of the UN Charter, The UN Security Council may authorize the use of force
(UN Charter, Chapter VII), and permit UN troops to serve as peacekeepers in areas of armed
conflict that threaten international peace and security. The UN also places a significant role in
documenting IHL. Numerous UN agencies and bodies produce documents on IHL and the
relationship of IHL with human rights, humanitarian relief, refugee law, and environmental
protection.
The United Nations (http://www.un.org/) plays a significant role in IHL development. Because the
UN site is vast and the symbols used can be confusing, this is not always an easy site to search. For a
good introduction to the United Nations see ASIL's research guide on the United Nations
(http://www.asil.org/sites/default/files/ERG_UN.pdf). Also useful is Selected U.N. Resources &
Research Tools: Overview and Search Tips for Legal Research (September/October 2007)
.(http://www.nyulawglobal.org/globalex/UN_Resources_Research_Tools.pdf)
Use these free sites to help locate UN documents:

27

ODS Official Document System of the United Nations (http://www.un.org/en/documents/ods/).
ODS includes official United Nations documentation beginning in 1993. Older UN documents are
systematically being added to the system. ODS also provides access to the resolutions of the General
Assembly, Security Council, Economic and Social Council and the Trusteeship Council from 1946
onwards."
UNBISnet UN Bibliographic Information System. (http://unbisnet.un.org/) Catalogue of UN

publications and documentation indexed by the United Nations Dag Hammarskjold Library and the
Library of the UN Office at Geneva. Provides access to Bibliographic Records, Voting Records,
Index to Speeches. Also has a Thesaurus and Research Guide. Some full-text documents are
available.
UN-I-QUE: United Nations Info Quest (http://lib-

unique.un.org/DPI/DHL/unique.nsf?Open). "a ready-reference file created by the Dag
HammarskjÅ¡ld Library to respond to frequently asked questions, is designed to provide quick access
to document symbols/sales numbers for UN materials (1946 onwards). It does not give full
bibliographic details nor does it replace existing bibliographic databases."
Office of the High Commissioner of Human Rights (http://www.ohchr.org/) Access to human

rights conventions, documents, and reports from human rights bodies.
UN Humanitarian Affairs Portal (http://www.un.org/ha/) Links to sites related to refugees,

landmines, children and armed conflict, and humanitarian aid.
UN International Law Portal. (http://www.un.org/en/sections/priorities/justice-and-

international-law/index.html) Links to the UN Treaty Collection, International Tribunals and
Codification of International Law portal.
UN International Law Commission. (http://www.un.org/law/ilc/) See section on " international

criminal law and topic "effects of armed conflict on treaties."
UN Legal Publications Global Search

(http://legal.un.org/globalsearch/dtSearch/Search_Forms/dtSearch.html)
Search ICJ judgments, International Law Commission, yearbooks and proceedings of diplomatic
conferences.
United Nations Electronic Mine Action Network

(http://www.mineaction.org) Includes links to treaties, laws and projects to remove landmines
supported by the UN.
28

C. International Court of Justice (ICJ)
Successor to the Permanent Court of International Justice (PCIJ), the ICJ sits at the Peace Palace in
the Hague. (http://www.icj-cij.org/homepage/index.php?lang=en) The ICJ is the principle
judicial organ of the United Nations and was established by the UN Charter. The ICJ settles legal
disputes submitted to it by States and gives advisory opinions when requested by authorized UN
organs and special agencies in accordance with international law. ICJ website and HeinOnline
(subscription required) include decisions from the Permanent Court of International Justice (1922-
1940). ICJ decisions are also available on WESTLAW (INT-ICJ) and LexisNexis (ALLICJ).
ICJ Cases that address issues of IHL: Legality or Threat of Use of Nuclear Weapons or Nicaragua v.
United States (Military and Paramilitary Activities in and against Nicaragua) (http://www.icj-
cij.org/docket/index.php?p1=3)
D. International Criminal Court (ICC) (http://www.icc-cpi.int/)

In 1998, the Rome statute was adopted which created the International Criminal Court (ICC). The
ICC prosecutes cases involving war crimes, crimes against humanity, and genocide. Initially,
criminal cases were handled through ad hoc tribunals such as the Nuremberg and Tokyo Tribunals,
the ICTY and ICTR, etc., and those cases can be found on the tribunal sites. (Link to tribunals
section)
VIII. Protection of Cultural Property

The mid-nineteenth century saw the formalization of the protection of cultural property. The Lieber
Code, the Brussels Declaration of 1874, and the Oxford Manual of 1880 all addressed the issue. The
Regulations respecting the laws and Customs of War on Land, Annex to the 1907 Hague
Convention IV is specifically directed to the protection of cultural property.
Convention for the Protection of Cultural Property in the Event of Armed Conflict; and Regulations
for the Execution of the Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict, 14 May 1954. (http://portal.unesco.org/en/ev.php-
URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html)
Cultural objects protected by Protocol I, Art. 53 include cultural institutions, schools, and places of
worship. (see the 1977 Protocols I and II additional to the 1949 Geneva conventions for the
protection of war victims)
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the
Event of Armed Conflict, 26 May 1999 (https://www.icrc.org/applic/ihl/ihl.nsf/INTRO/590)
(http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_cultural_property)
29

Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments 15 April
1935. (Roerich Pact) (http://www1.umn.edu/humanrts//instree/1935a.htm)
Convention Concerning the Protection of the World Cultural and Natural Heritage, 16 November
1972. (http://whc.unesco.org/en/conventiontext/)
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property, 14 November 1970. (http://portal.unesco.org/en/ev.php-
URL_ID=13039&URL_DO=DO_TOPIC&URL_SECTION=201.html)
UNESCO Protection of Cultural Property in the Event of Armed Conflict

(http://portal.unesco.org/culture/en/ev.php-
URL_ID=35261&URL_DO=DO_TOPIC&URL_SECTION=201.html )
IX. Occupation
The occupation of territory by armed forces is covered by Articles 42-56 of the 1907 Hague
Regulations, common Articles 2, 27-34 & 47-78 of the fourth Geneva Conventions of 1949, as well
as in certain provisions of Additional Protocol I and customary international humanitarian law.
Military manuals and judgments of international and domestic courts also define the rights and
obligations of occupying powers. Agreements concluded between the occupying power and the local
authorities cannot deprive the population of occupied territory of the protection afforded by
international humanitarian law (GC IV, art. 47) and protected persons themselves can in no
circumstances renounce their rights (GC IV, art. 8).
ICRC, Occupation and International Humanitarian Law.

(http://www.icrc.org/Web/Eng/siteeng0.nsf/html/634KFC)
International Committee of the Red Cross, Occupation and Other Forms of Administration of
Foreign Territory: expert meeting, November 6, 2012.
(http://www.icrc.org/eng/assets/files/publications/icrc-002-4094.pdf)
Report from the ICRC Legal Division, edited by Tristan Ferraro.
X. Military Sites
Compliance with IHL relies on the practice of state militaries. Evidence of such practice can be
found on military websites and in military manuals. In the United States, members of the Judge
Advocate General's Corps (JAG) advise military commanders of their rights and responsibilities
under IHL. JAG officers assist with decisions on target selection, weaponeering, and interrogation
techniques.
See also this chapter's section on Military Field Manuals (Primary Sources, Part D)
30

A. United States Military Information
Air War College Military Law and Legal Links. (http://www.au.af.mil/au/awc/awcgate/awc-
law.htm)
Army Publishing Directorate (http://www.apd.army.mil/)
Army Field Manuals (Unofficial) (http://www.globalsecurity.org/military/library/policy/army/fm/)
Combating Terrorism Center At West Point Publications (http://www.ctc.usma.edu/publications)
Combatant Status Review Tribunals (2006-current)

(http://www.defense.gov/releases/release.aspx?releaseid=7530) Orders and decisions regarding
detainees held by the U.S. at Guantánamo Bay. Includes written transcripts and audio recordings of
hearings.
Department of Defense Directives & Orders. (http://www.dtic.mil/whs/directives/)
Dictionary of Military and Associated Terms. United States Department of Defense.

(http://www.dtic.mil/doctrine/dod_dictionary/)
International Law Studies from the US Naval War College. Available online through
HeinOnline (subscription required)
Joint Chiefs of Staff, Detainee Operations, Joint Publications 3-63. May 30, 2008.
(http://www.dtic.mil/doctrine/new_pubs/jp3_63.pdf)
Judge Advocate Corps: Center for Law & Military Operations.

(http://www.loc.gov/rr/frd/Military_Law/CLAMO.html)
Military Commander and the Law. Muir S. Fairchild Research Center.

(http://www.au.af.mil/au/aul/lane.htm) Excellent collection of bibliographies, reports and, links
Pentagon Military Commissions (http://www.defenselink.mil/news/commissions.html) cases,

court rules, regulations, and commissions manual.
Rule of Law Handbook: A Practitioner's Guide for Judge Advocates. Judge Advocate General
Charlottesville, VA, 2008. (http://www.loc.gov/rr/frd/Military_Law/pdf/rule-of-law_2011.pdf)
Secretary of the Army Official Publications. (http://www.army.mil/usapa/)
31

B. Foreign Military Web Sites
Australian Military Law and Peacekeeping Library (http://austlii.edu.au/au/special/mlpl/) treaties,

case law, regulations, and statutes
Canada. Office of the Judge Advocate General. (http://www.forces.gc.ca/en/caf-community-legal-

services/index.page?)
German International Criminal Code. (http://www.iuscomp.org/gla/statutes/VoeStGB.pdf)
Swiss Military Penal Code, Federal Law of 13 June 1927 (as of June 1, 2004)
(http://www.admin.ch/ch/d/sr/c321_0.html)

A. Texts and Treatises
Cherif M. Bassiouni, A Manual on International Humanitarian Law and Arms Control. Martinus
Nijhoff Publishers, Leiden, 2000.
(http://www.worldcat.org/oclc/44750674&referer=brief_results)
Geoffrey S. Corn , Victor Hansen , M. Christopher Jenks , Richard Jackson , Eric Talbot Jensen &
James A. Schoettler, The Law of Armed Conflict: An Operational Approach. Wolters Kluwer Law &
Business, 2012. (http://www.worldcat.org/oclc/779607396)
Yoram Dinstein, The Conduct of Hostilities Under the Law of International Armed Conflict, 2nd
Edition. Cambridge University Press, 2010.
Jean-Marie Henckaerts, Louise Doswald-Beck, Customary International Humanitarian Law

(Vols.1 & 2) Cambridge University Press, 2005. (http://www.icrc.org/customary-
ihl/eng/docs/home)
Frits Kalshoven and Liesbeth Zegvold, Constraints on the Waging of War: An Introduction to
International Humanitarian Law 4th ed. Cambridge University Press, 2011.
(http://www.worldcat.org/oclc/707477853?referer=di&ht=edition)
32

Marco Sassòli, Antoine Bouvier and Anne Quintin, How Does Law Protect in War? Cases,
Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law
3rd ed. ICRC, 2011.
Excellent resource for case law and documents. Also, may be used as a textbook.
Gary D. Solis, The Law of Armed Conflict: International Humanitarian Law in War. Cambridge
University Press, 2010. (http://www.worldcat.org/oclc/423389334&referer=brief_results).
One of the leading textbooks used in law of armed conflict and IHL courses.
B. Bibliographies
ICRC Library and Public Archives, International Humanitarian Law Bibliography

(http://www.icrc.org/eng/resources/documents/misc/icrc-ihl-bibliography.htm) Includes French
and English references - updated quarterly.
Peace Palace Library (The Hague), Bibliography on International Humanitarian Law, Peace Palace
Library. (http://www.peacepalacelibrary.nl/research-guides/war-and-peace/international-
humanitarian-law/) Organized by topic and continuously updated. Includes treatises, journal
articles and online resources.
Peace Palace Library (The Hague), Bibliography on International Criminal Law.

(http://www.peacepalacelibrary.nl/research-guides/international-criminal-law/international-
criminal-law/) Searchable by topic, individual tribunal or country.
Max Plank Institute for Comparative Public Law and International Law, Bibliography of Public
International Law.
(http://www.mpil.de/ww/en/pub/library/catalogues_databases/doc_of_articles/pil.cfm)
IHL related articles from U.S. and foreign law journals are listed under the classification heading
VR32 War, Armed Conflict, Neutrality.
U.S. Naval War College, International Law Department Information Paper Series.
(http://www.usnwc.edu/Research---Gaming/International-Law/Recent-
Publications/Information-Paper-Series.aspx) Short artilces on emerging issues in IHL.
C. Journals and Yearbooks

Genocide Studies and Prevention (http://www.utpjournals.com/Genocide-Studies-and-
Prevention.html)
33

Hague Academy Collected Courses on International Law (Recueil des cours) Index. Peace Palace
Library. Searchable by author or keyword. (http://www.peacepalacelibrary.nl/collection/e-
resources/recueil-des-cours/)
Journal of International Humanitarian Legal Studies (http://www.brill.nl/ihls) Volume 1 published

in 2010.
International Review of the Red Cross, (http://www.icrc.org/eng/review) Selected online article
from 2002.
Israel Defense Force Law Review. Available through HeinOnline. (subscription required)
(http://heinonline.org)
Journal of Conflict and Security Law. Oxford University Press. (http://jcsl.oxfordjournals.org/)
Military Law Review. Published by the Judge Advocate General's Legal Center& School.
(http://www.loc.gov/rr/frd/Military_Law/Military-Law-Review-home.html)
Naval War College Review. (http://www.usnwc.edu/Publications/Naval-War-College-

Review.aspx)
Social Science Research Network (http://www.ssrn.com) hosts numerous articles on all aspects of
IHL.
Max Planck Encyclopedia of Public International Law. (http://www.mpepil.com/) (subscription

required). A well respected reference work on public international law with 1,000 topics, including
coverage of IHL, international criminal law, international dispute settlement and environmental law.
Also available in print 1991-2003.
The Military Law and Law of War Review. (http://www.mllwr.org/) Published by the International
Society for Military Law and Law of War.
Yearbook of International Humanitarian Law. T.M.C. Asser Press and Cambridge University Press.
(http://journals.cambridge.org/action/displayJournal?jid=YHL)
Year Book of International Humanitarian and Refugee Law

(http://www.worldlii.org/int/journals/ISILYBIHRL/2001/4.html)
Yearbook of the International Law Commission

(http://untreaty.un.org/ilc/publications/yearbooks/yearbooks.htm)
34

Many international yearbooks are available on HeinOnline (subscription required).
(http://heinonline.org)
XII. Reference and Current Awareness

A. Research Guides
Human Rights & International Criminal Law. American Society of International Law.
(http://www.asil.org/human-rights-and-international-criminal-law)
International Committee of the Red Cross, Integrating the Law.

International Criminal Law Research Guide. Dana Neacsu. Columbia Law Library.
http://library.law.columbia.edu/guides/International_criminal_law)
International Humanitarian Law Research Initiative.

(http://www.hpcrresearch.org/research/international-humanitarian-law-research-initiative)
Harvard University's Program on Humanitarian Policy and Conflict Research International
Humanitarian Law.
International Humanitarian Law: Study Guide. Human Rights Education Associates HREA.
(http://www.hrea.org/index.php?base_id=151)
International Women's Human Rights and Humanitarian Law, University of Toronto Bora Laskin
Law Library. (http://www.law-lib.utoronto.ca/Resguide/women2.htm)
Law of Armed Conflict in Air and Space Operations. Joan T. Philips, June 2009.
(http://www.au.af.mil/au/aul/bibs/loac09.htm)
Military Education and Research Library Network (MERLN). (http://ndu.libguides.com/merln)
Naval War College Library Resources.

(http://www.usnwc.edu/Academics/Library/LibGuides.aspx)
United Nations Audio Visual Library of International Law. (http://www.un.org/law/avl/) see "Law
of Armed Conflict."
Reference Guide to the Geneva Conventions. Society for Professional Journalists.

(http://www.spj.org/gc.asp)
35

Research Guide to International Humanitarian and Human Rights Law: Children and Armed
Conflict, Rachel Harvey. International Bureau of Children's Rights, (2003-2006).
(http://www.essex.ac.uk/armedcon/story_id/000044.pdf)
Stockton – US Naval War College International Law Department’s Law of Armed Conflict/ IHL
research E-Portal from the US Naval War College’s International Law Department.
(http://usnwc.libguides.com/LOAC-IHL)
Named after Admiral Charles H. Stockton , former Naval War College President and author of the
US Navy's first LOAC manual.
U.S. Army Judge Advocate General's Legal Center & School Library.
(http://www.loc.gov/rr/frd/Military_Law/military-legal-resources-home.html)
War Crimes Research Guide, Georgetown University Law Library.

(http://www.ll.georgetown.edu/guides/WarCrimes.cfm)
War Crimes Research Portal. Frederick Cox International Law Center, Case School of Law.
(http://www.law.case.edu/War-Crimes-Research-Portal/)
B. Institutes, Think Tanks and Links

Armed Conflict Database
(https://acd.iiss.org/)
From the International Institute for Strategic Studies.
Center for Civilians in Conflict (http://civiliansinconflict.org)
Center for Human Rights and Humanitarian Law.

(http://www.wcl.american.edu/humright/center/)
Coalition for an International Criminal Court (http://www.iccnow.org/). The Coalition for the
International Criminal Court is a network of over 2,000 non-governmental organizations (NGOs)
advocating for a fair, effective and independent International Criminal Court (ICC). It provides
access to documents, reports, and current information regarding the ICC.
Concours Pictet. (http://www.concourspictet.org/index_en.htm)Week long training workshop on

IHL designed for graduate and undergraduate students.
Crimes of War Project (http://www.crimesofwar.org/) Online book, news, bibliography,

information arranged by region and country, and links.
36

Geneva Academy of International Humanitarian Law and Human Rights. (http://www.adh-
geneva.ch/) Visit the Rule of Law in Armed Conflict Project (http://www.adh-
geneva.ch/RULAC/index.php) for information on international humanitarian law, international
criminal law, human rights law, and international refugee law arranged by country, including
treaties, legislation, case law, and IGO documents.
Harvard Law School Program on International Law and Armed Conflict (PILAC)
(http://pilac.law.harvard.edu/)
Henry Dunant Centre for Humanitarian Dialogue. (formerly the Henry Dunant Institute)
(http://www.hdcentre.org/)
Humanitarian Law and Policy Forum. (http://ihlforum.ning.com/)
Human Security Report, Simon Fraser University of Australia (http://www.hsrgroup.org/)
Impunity Watch, Syracuse University Law School. (http://www.impunitywatch.net/)
Institute for International Law of Peace and Armed Conflict. (http://www.ifhv.de/)
Internal Displacement Monitoring Centre. (http://www.internal-displacement.org/)
International Association for Humanitarian Policy (HPCR). (http://www.isn.ethz.ch/isn/Digital-

Library/IR-Directory/Detail/?id=112963) Organization devoted to advancing IHL. Information
and links to various policy projects, including the Alabama Process that explores new areas to apply
IHL in contemporary combat situations.
International Humanitarian Law Research Initiative.

(http://www.hpcrresearch.org/research/international-humanitarian-law-research-initiative)
Harvard University's Program on Humanitarian Policy and Conflict Research.
International Humanitarian Law Workshop (http://law.scu.edu/international/international-

humanitarian-law-workshop.cfm) Annual workshop organized by the ICRC and the Santa Clara
University School of Law. 2012 PowerPoint slides are posted on the site.
International Institute of Humanitarian Law, San Remo Italy. (http://www.iihl.org/)
Military Legal Resources from the library of Congress
37

(http://www.loc.gov/rr/frd/Military_Law/)
International Law of War Association. (http://lawofwar.org)
International Society of Military Law and Law of War. (http://www.ismllw.org/index.htm)
Lieber Society. (http://www.asil.org/interest-groups-view.cfm?groupid=27) Interest group of the

American Society of International Law focusing on IHL. Awards two annual prizes for papers on the
law of armed conflict.
Médicins Sans Frontirès (Doctors without Borders). (http://www.msf.org/)
Professionals in Humanitarian Assistance and Protection. (http://www.phapinternational.org/)
Project to Enforce the Geneva Conventions. (http://www.pegc.us)
United States Institute of Peace. (http://www.usip.org/) Great source for peace agreements and
truth commission reports.
Uppsala Conflict Data Program and International Research Institute.

(http://www.pcr.uu.se/) The research tab provides links to publications, online resources, and other
datasets.
Uppsala Conflict Data Program UCDP/PRIO Armed Conflict Database.

(http://www.pcr.uu.se/research/ucdp/database/)
WSD Handa Center for Human Rights and International Justice (https://handacenter.stanford.edu/)
Formerly the UC Berkeley War Crimes Studies Center.
C. Blogs
Armed Groups and International Law Blog (http://armedgroups-internationallaw.org/)
Intercross. (http://intercrossblog.icrc.org/) Blog from the ICRC.
International Law Reporter. (http://ilreports.blogspot.com/) A review of new and forthcoming

journal articles and treatises.
International Law Prof Blog. (http://lawprofessors.typepad.com/international_law/)
38

Justice in Conflict Blog (http://justiceinconflict.org)
Justia's list of International Law Blogs. (http://www.justia.com/international-law/law-blogs.html)
LawFare Blog (http://www.lawfareblog.com/)
Kenneth Anderson's Law of War and Just War Theory Blog.

(http://kennethandersonlawofwar.blogspot.com/)
Opinio Juris. (http://opiniojuris.org/)
XIII. Related Topics

The issues which have historically been of primary concern to international humanitarian law are
discussed above, however, as the nature of warfare changes, customary international law evolves, and
new treaties are written. Since the drafting of the Geneva Conventions, a wide range of topics have
come under the rubric of IHL. The related topics included here are: environment, human rights,
refugees, child soldiers, private military companies, humanitarian intervention, and drones and
cyberwarfare .
A. Environment
See the International Environmental Law
(http://www.asil.org/sites/default/files/ERG_ENVIROMENT.pdf) chapter of this Guide for a
thorough treatment of research methods in this area of law.
Concern for the environment in times of war goes back historically to the 7th and 8th centuries and
Islamic rules of war, with rules against poisoning wells and other types of damage. In the 20th
century protection of the natural environment itself became the subject of treaties. Customary law
supports environmental protection as it prohibits attacks that damage the environment. Military
manuals also address the protection of the environment during armed conflicts (internal link to Field
Manuals, link to Military sites).
The natural environment is considered a protected object under IHL Arts. 35 (3) and 55 of Protocol
I, Protection of the natural environment, requiring that care be taken to protect the natural
environment against widespread, long-term, and severe damage. It also prohibits reprisals against the
natural environment. For other conventions addressing environmental issues see also, EISIL, on
Armed Conflict & Protection of the Environment.
B. Human Rights and IHL
39

The relationship between IHL and human rights law is one that is not well defined. While both
bodies of law deal with protection of the individual, there are differences. IHL is a lex specialis
limited to situations of armed conflict, whereas human rights law applies at all times. As recent
events have shown, it is not always possible to separate these issues. Currently, human rights treaties
are also being applied during times of war. See Roberta Arnold and Noëlle Quénivet (eds.)
International Humanitarian Law and Human Rights Law: Towards a New Merger in International
Law for essays on this topic. Refer to the Human Rights
(http://www.asil.org/sites/default/files/ERG_HUMRTS.pdf) chapter of this Guide for complete
information on researching human rights issues. The University of Minnesota Human Rights
Library (http://www1.umn.edu/humanrts/) is also an excellent resource.
Human Rights Watch. Civilian Protection Initiative Group Statement, 2009.

(http://www.hrw.org/en/news/2009/08/21/civilian-protection-initiative-group-
statement?print)
United Nations, International Legal Protection of Human Rights in Armed Conflict. United Nations
Press, 2011. (http://www.ohchr.org/documents/publications/hr_in_armed_conflict.pdf)
C. Refugees
Armed conflict often forces refugees to cross international borders or become internally displaced
persons. International law applies to refugees, parties to the conflict, and third-party states that
receive refugees. A new category, Internally Displaced Persons (IDPs) are persons fleeing from
conflict inside their own country. These persons have fewer protections under IHL than do refugees.
IDPs are protected by Common Article 3 of the Geneva Conventions of 1949, and Protocol II
which expands on the rules provided in Common Article 3.
Convention Relating to the Status of Refugees 28 July 1951 and Protocol Relating to the Status of
Refugees 31 January 1967, (http://www.unhcr.org/pages/49da0e466.html).
The concept of Non-refoulement is addressed in Art. 45 (4) of Convention IV and the Convention
Relating to the Status of Refugees Art. 14. The first paragraph of this article states that: "No
Contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the
frontiers of territories where his life or freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political opinion."
The Cartagena Declaration on Refugees
(http://www1.umn.edu/humanrts/instree/cartagena1984.html)
See also EISIL - Refugees, Asylum, Nationality, Displaced, & Freedom of Movement
40

Guide to International Refugee Law Resources on the Web. Elisa Mason. LLRX.
(http://www.llrx.com/features/refugee.htm)
University of Minnesota Human Rights Library - Refugee and Aid Links

(http://www1.umn.edu/humanrts/links/aidlinks.html)
United Nations Humanitarian Affairs, Landmines, Refugees and Children and Armed Conflict.
(http://www.un.org/ha/)
While International Law has long recognized the need to deal with refugee issues, only recently has
the issue of internally displaced persons (IDPs) come to be of concern to the world community. An
important document is Report of the Representative of the Secretary-General on Internally
Displaced persons: Guidelines of Principles, UN Doc. E/CN.4/1998/53/Add.2(May 1998)
(http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/d2e008c61b70263ec125661e0036f36e)
D. Children in Armed Conflicts

The generally accepted international nomenclature for child soldiers is “children associated with
armed forces or armed groups.”
Committee on the Rights of the Child (CRC). Committee Homepage

(http://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIndex.aspx);The United Nations
Human Rights Treaties (http://www.bayefsky.com/bytheme.php/index/article);University of
Minnesota Human Rights Library (http://www1.umn.edu/humanrts/crc/crc-page.html).
International views on protection of children and their rights have evolved significantly in the last
half of the 20th century with many conventions addressing their specific needs.
See also, http://www.eisil.org/index.php?sid=141902395&t=sub_pages&cat=196 and, the

Amendment to article 43 (2) of the Convention on the Rights of the Child , and Optional
Protocol to the Convention on the Rights of the Child on the involvement of children in armed
conflict. (http://www.icrc.org/web/eng/siteeng0.nsf/html/57JP4U)
Other sources are: Article 77.2 of the Additional Protocol Ito the Geneva Conventions of 12
August 1949, which addresses the participation of children in armed conflict; Article 4.3.c of
Protocol II, additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of Non-International Armed Conflicts, states "children who have not attained
the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take
part in hostilities".
41

The Paris Principles - February 2007 Principles and Guidelines on Children Associated with Armed
Forces and Armed Groups.
(http://www.un.org/children/conflict/english/parisprinciples.html)
UNICEF (1997), Cape Town Principles and Best Practice on the Prevention of Recruitment of
Children into the Armed Forces and Demobilisation and Social Reintegration of Children in Africa.
(http://www.unicef.org/emergencies/files/Cape_Town_Principles%281%29.pdf)
Sierra Leone, Special court Ruling on the Recruitment of Children, Prosecutor v. Sam Hinga
Norman; Decision on Preliminary Motion based on lack of jurisdiction, 31 May 2004.
(http://rscsl.org/)
Other protection of children in times of war includes Article 8.2b(xxvi) of the Rome Statute
(http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-
0a655eb30e16/0/rome_statute_english.pdf) of the International Criminal Court (ICC),
"Conscripting or enlisting children under the age of fifteen years into the national armed forces or
using them to participate actively in hostilities" is a war crime, and Forced or compulsory
recruitment of anyone under the age of 18 for use in armed conflict, is a form of slavery, under the
International Labour Organisation's Worst Forms of Child Labour Convention, 1999, adopted
in 1999.
Children in War Portal (ICRC). (http://www.icrc.org/eng/children)
Human Rights Watch. Legal Standards Governing Child Soldiers.

(http://www.hrw.org/en/publications/reports/819/related)
Office of the Special Representative of the Secretary General for Children and Armed Conflict.
(http://www.un.org/children/conflict/english/index.html)
Watch list on Children and Armed Conflict. (http://www.watchlist.org/)
Subject Headings
Use the term CHILD SOLDIERS to search for information in this area. You may add a geographic
location CHILD SOLDIERS - AFRICA, other relevant searches include CHILD Slavery -- legal
status, laws, etc.; CONVENTION ON THE RIGHTS OF THE CHILD; CHILD SOLDIERS -
LEGAL STATUS, LAWS, ETC. ; CHILDREN AND WAR .
E. Mercenaries and Private Military Companies
42

The use of private hired combatants is not new, however, the last few decades have witnessed an
increased interest in regulating mercenaries. Recent conflicts in the Middle East have highlighted the
relevance of this subject. While private military companies (PMCs, also Private Security Companies,
PSCs) are not currently addressed by IHL, the topic of mercenaries is addressed in several places:
Art. 47, Protocol I (1) "A mercenary shall not have a right to be a combatant or a prisoner of war."
Also, International Convention of 4 December 1989 Against the Recruitment, use, Financing and
Training of Mercenaries
(https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XVIII-
6&chapter=18&lang=en) and the Convention of the OAU for the Elimination of Mercenarism in
Africa. Libreville, 3rd July 1977. (http://www1.umn.edu/humanrts/instree/1977e.htm)
European Journal of International Law. Volume 19, Number 5 is a symposium issue on private
military contractors and International Law. (http://www.ejil.org/)
International Code of Conduct for Private Security Service Providers. (http://www.icoc-psp.org/)

Swiss government initiative that includes over 700 private security companies. November 9, 2010.
International Code of Conduct for Private Security Service Providers, Directorate of Political Affairs
DP, Switzerland. (http://www.state.gov/documents/organization/150711.pdf)
Montreaux Document on Private Military and Security Companies.

(http://www.eda.admin.ch/psc)
Joint initiative of the Swiss government and the International Committee of the Red Cross that
affirmed the application of international humanitarian law to private military and security
companies engaged in armed conflict. September 18, 2008.
Private Military. (http://www.privatemilitary.org/home.html) Includes definition of private

military companies.
Private Military Companies Options for Regulation in the UK. 12 February 2002 UK Government
Green Paper. (http://www.globalsecurity.org/military/library/report/2002/mercenaries.pdf)
Private Military and Security Companies, Research Bibliography. Institute for International Law and
Justice. (http://www.iilj.org/research/BibliographyPMC.asp)
Private Security Monitor, University of Denver

(http://psm.du.edu/national_regulation/index.html)
National laws governing the use and operations of private military and security companies
43

Diana Simpson, Bibliography on Private Military Companies (March 2008) Muir S. Fairchild
Research Information Center, Maxwell AFB, AL (http://www.au.af.mil/au/aul/bibs/pmc08.htm)
Sourcewatch Encyclopedia entry on Private Military Corporations

(http://www.sourcewatch.org/index.php?title=Private_Military_Corporations)
United Nations. Search for reports issued by the M.E. Bernales Ballesteros, Special Rapporteur on
the Question of the Use of Mercenaries at the UN Charter Based Document Search database
(http://ap.ohchr.org/documents/gmainec.aspx) Click on "Add a Mandate" and then select
"Special Rapporteur on the Question of the Use of Mercenaries."
UN Working Group on the Use of Mercenaries as a Means of Violating Human Rights and
Impeding the Exercise of the Right of Peoples to Self-Determination
(http://www2.ohchr.org/english/issues/mercenaries/index.htm)
United Nations, The UN Working Group’s Draft of a Possible Convention on Private Military and
Security Companies (2010)
(http://www2.ohchr.org/english/issues/mercenaries/docs/A.HRC.15.25.pdf)
F. Humanitarian Intervention (Responsibility to Protect)

One of the emerging doctrines of IHL is the internationally sanctioned use of force to protect
civilians from harm, known as Humanitarian Intervention or the Responsibility to Protect. While
the previous agreements and conventions have been framed in terms of rights, this new obligation
addresses the affirmative responsibility of States to protect victims. The United Nations has taken
the lead in efforts on behalf of the concept of the Responsibility to Protect. This responsibility is a
corollary to the concept of human rights. By the beginning of the 21st century it is apparent that
while the concept of sovereignty is loosening the hold it has had on international relations since the
Treaty of Westphalia, the existing international legal system of human and humanitarian law is still
insufficient to prevent occurrences of abuse such as Darfur, Rwanda, Zimbabwe, and other
situations in the world. The responsibility to protect is an attempt to address this deficiency. In
2011, the United National reacted to attacks against civilians in the armed conflict in Libya, by
passing a Security Council resolution, based on responsibility to protect principles, that established
no-fly zones and authorized “all necessary measures” to protect civilians.
United Nations Security Council Resolution 1973 (2011). Situation in Libya

(http://www.un.org/en/sc/documents/resolutions/2011.shtml).
Humanitarian Charter and Minimum Standards for Disaster Relief. Sphere Project, 2004.
(http://www.sphereproject.org/)
44

International Commission on Intervention and State Sovereignty. The Responsibility to Protect
(http://www.responsibilitytoprotect.org/)
Responsibility to Protect Report of the Commission on Intervention and State Sovereignty

(December 2001). (http://responsibilitytoprotect.org/ICISS%20Report.pdf)
Responsibility to Protect-Engaging Civil Society Project (R2PCS).

(http://www.responsibilitytoprotect.org/index.php)
Humanitarian Practice Network

(http://www.odihpn.org/)
Integrated Regional Information Networks(IRIN), UN Office for the Coordination of

Humanitarian Affairs (http://www.irinnews.org/)
Professionals in Humanitarian Assistance and Protection (http://www.phapinternational.org/)
Sarah Sewell, Mass Atrocity Response Operations: A Military Planning Handbook. Harvard Law
School ‘s Carr Center for Human Rights Policy
(http://www.hks.harvard.edu/cchrp/maro/pdf/MARO_Handbook_4.30.pdf)
G. Drones, Robots and Cyberwarfare

The use of drones in Yemen, Afghanistan, and Pakistan, and the Stuxnet malware release in Iran,
have led to increased analysis of the use of robots and software in warfare. Cyberwarfare raises IHL
issues of disproportionate responses, and the distinction between civilian and military targets. Robots
and automated weapons also raise important IHL questions if the software controlling these weapons
cannot easily distinguish legitimate targets from protected persons and structures. In January 24,
2013, Ben Emmerson, the UN Special Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering terrorism, launched an inquiry into the civilian
impact of the use of drones. Below is a selection of online sources that serve as introductions to the
legal and moral implications of robotic armed conflict and cyberwarfare.
Kenneth Anderson, Targeted Killing in U.S. Counterterrorism Strategy and Law; May 11, 2009.
Kenneth Anderson, Drones II Kenneth Anderson Testimony Submitted to U.S. House of

Representatives Committee on Oversight and Government Reform, Subcommittee on National
45

Security and Foreign Affairs, Second Hearing on Drone Warfare, April 28, 2010.
Council on Foreign Relations, Reforming U.S. Drone Strike Policies. January 2013.
(http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736)
CQ Researcher, Drone Warfare: Are Strikes by Unmanned Aircraft Ethical? CQ Researcher Aug. 6,
2010, Volume 20, Number 28. PP 653-676.
(http://cqresearcherblog.blogspot.com/2010/08/are-strikes-by-unmanned-aircraft.html)
David Fidler, Recent Developments and Revelations Concerning Cybersecurity and Cyberspace:
implications for International Law. ASIL Insights, June 20, 2012.
(http://www.asil.org/insights/volume/16/issue/22/recent-developments-and-revelations-
concerning-cybersecurity-and)
Thomas Haine, A Legal Framework for Drone Attacks in Pakistan; The Witherspoon Institute.
January 26, 2010. (http://www.thepublicdiscourse.com/2010/01/1126)
Harold Koh, State Department of State Legal Advisor, speech on International Law and
Cyberwarfare
(http://opiniojuris.org/2012/09/19/harold-koh-on-international-law-in-cyberspace/)
Sept. 18, 2012 speech at the U.S. Cyber Command Inter-Agency Legal Conference.
InfoWar Monitor, Tracking Cyberpower (http://www.infowar-monitor.net/)
International Human Rights and Conflict Resolution Clinic (Stanford Law School) and Global
Justice Clinic (NYU School of Law), Living Under Drones: Death, Injury, and Trauma to Civilians
from US Drone Practices in Pakistan, September, 2012. (http://livingunderdrones.org/)
David Kaye, International Law Issues in the Department of Justice White Paper on Targeted Killing.
ASIL Insights, February. 15, 2013.
(http://www.asil.org/insights/volume/17/issue/8/international-law-issues-department-justice-
white-paper-targeted-killing)
Patrick Lin, Maxwell Mehlman and Keith Abney, Enhanced Warfighters: Risks, Ethics and Policy,
The Greenwall Foundation, January 2013. (http://ethics.calpoly.edu/Greenwall_report.pdf)
Gary E. Marchant, et. al. International Governance of Autonomous Military Robots.

46

Mary Ellen O’Connell, Lawful Use of Combat Drones. Congress of the United States House of
Representatives Subcommittee on National Security and Foreign Affairs, Hearing: Rise of the
Drones II: Examining the Legality of Unmanned Targeting, Washington, D.C., 2010, April 28,
2010. (http://www.fas.org/irp/congress/2010_hr/042810oconnell.pdf)
Remarks of President Barak Obama on Drone Warfare, May 23, 2013.

(http://www.whitehouse.gov/the-press-office/2013/05/23/remarks-president-barack-obama)
Michael Schmitt, Precision Attack and International Humanitarian Law. 859 Int’l Rev. of the Red
Cross 455, 455-66, (2005) ( http://www.icrc.org/eng/resources/international-review/index.jsp)
Talinn Manual on the International Law Applicable to Cyber Warfare

(http://issuu.com/nato_ccd_coe/docs/tallinnmanual?e=5903855/1802381)
Unofficial compilation of opinions of a group of independent IHL experts.
Jeffrey S. Thurnher, The Law That Applies to Autonomous Weapon Systems, ASIL Insights,
January 18, 2013. (http://www.asil.org/insights/volume/17/issue/4/law-applies-autonomous-
weapon-systems)
Page last updated, May 4 2015.
47

e-RG
International Intellectual
Property Law
Jonathan Franklin *
This page was last updated February 8, 2013.
T
levels.

2
I. Introduction
II. Overview
III. Research Guides and Bibliographies
a. International Intellectual Property Law
b. International Patent Law
i. Public Health and IP
ii. Agriculture, Plant Varieties, and IP
c. International Copyright Law
i. Art, Cultural Property, and IP
d. International Trademark Law
e. Trade and IP
f. Arbitration, Mediation, and IP
g. Traditional Knowledge and IP
h. Geographical Indications
IV. General Search Strategies
V. Primary Sources
VI. Primary National Legislation and Decisions
VII. Recommended Link sites
VIII. Selected Non-Governmental Organizations
IX. Electronic Current Awareness
3
I. Introduction
International intellectual property law is a patchwork area of intersecting multilateral and bilateral
agreements and their resulting harmonization of national laws. It has become an increasingly
important and frequently litigated area, particularly in the patent, copyright, and trademark arenas.
In addition, in the past few decades, there have been louder calls for the protection of domain
names, databases, software, and traditional knowledge. Many of these cutting edge intellectual
property issues are addressed on an international level through the World Intellectual Property
Organization (WIPO). Along with new forms of protection, the trend towards globalization in the
trade arena has had a direct effect on the harmonization of national intellectual property laws
through the World Trade Organization (WTO) and regional trade organizations. With increased
interest in international intellectual property law, there are now numerous high quality electronic
resources that cover various facets of this ever-changing area.
II. Overview
Intellectual Property is a frequently used term without a particularly concrete definition. For the
purposes of this guide, it will be defined as products of the mind. Such products could be the trade
name “McDonalds”, a treatise on economics, a database of soup recipes, an invention to sort DNA
strands, or the design of a restaurant. Intellectual property law concerns itself with the protection of
these products. The most common forms of protection are patent, copyright, trademark, and trade
secret law. Other areas of intellectual property law include rights of publicity, moral rights,
misappropriation, unfair competition, geographic indications of origin, database protection,
licensing, trade dress, plant variety protection, integrated circuit protection, and paracopyright
(including laws that prohibit circumventing anti-piracy technology).
One important note is that often physical property contains, within it, intellectual property. A
machine might be based on a patented idea or a book might have copyrighted text. As such,
intellectual property laws often define both what can and cannot be done with the intellectual
property itself and what one can do with a copy of that property that you lawfully possess.
In doing international intellectual property research, one will often see terms such as “neighboring
rights” (sound recording performances and other works seen as needing less protection than
copyright in civil law countries) and “industrial property” (patents and trademarks as distinguished
from copyrights, neighboring rights, and other methods of protecting artistic works). For the
purposes of this guide, these terms are all subsumed under the term intellectual property.
The most important international agreements in intellectual property law are listed here. Many of
them are available in multiple formats, including Microsoft Word, PDF, and HTML. In addition,
4
the links below link to the main pages for those treaties, rather than the HTML texts so that the
reader can also find related protocols, notifications and signatories.
● Agreement on Trade-Related Aspects of Intellectual Property Rights

("TRIPS")(http://www.wto.org/english/docs_e/legal_e/legal_e.htm#TRIPs)
● Berne Convention for the Protection of Literary and Artistic Works

(http://www.wipo.int/treaties/en/ip/berne/index.html)
● Hague Agreement Concerning the Deposit of Industrial Designs

(http://www.wipo.int/hague/en/legal_texts/)
● International Convention for the Protection of New Varieties of

Plants(http://www.upov.int/en/publications/conventions/index.html)
● Madrid Agreement Concerning the International Registration of Trademark

(http://www.wipo.int/madrid/en/legal_texts/)
● Paris Convention for the Protection of Industrial Property

(http://www.wipo.int/treaties/en/ip/paris/index.html)
● Patent Cooperation Treaty (http://www.wipo.int/pct/en/texts/index.htm)
● Trademark Law Treaty (http://www.wipo.int/treaties/en/ip/tlt/index.html)
● Universal Copyright Convention (http://portal.unesco.org/en/)
For other substantive, registration and classification treaties, see the treaty sections at the World
Intellectual Property Organization (WIPO) (http://www.wipo.int/clea/en/index.jsp), IPRsonline
(http://www.iprsonline.org/legalinstruments/international.htm), the Compleat World Copyright
Web site (http://www.compilerpress.ca/CW/multi_i.htm) and the intellectual property page at the
Electronic Information System for International Law (EISIL) (http://www.eisil.org/). For bilateral
treaties, one of the best sources is
IPRsonline(http://www.iprsonline.org/legalinstruments/bilateral.htm).
The focus of this Chapter is international law. Although it includes references to national domestic
law (foreign law) and comparative law sources, other sites comprehensively cover national domestic
law, such as WIPO’s Collection of Laws for Electronic Access
(CLEA)(http://www.wipo.int/clea/en/index.jsp) (which is also referred to as WIPO Lex) or
UNESCO’s Collection of National Copyright Laws(http://portal.unesco.org/culture/en/). For
additional web sites that compile national intellectual property laws and decisions, see the relevant
5
section below. Practical Law Company’s Cross-border: Intellectual Property & Technology
(http://us.practicallaw.com/about/cross-border-intellectual-property-technology) provides a
substantial list of country comparisons touching on intellectual property law.
Patent and trademark searches themselves are outside the scope of this legally-oriented guide, but for
links to patent, trademark, and other filing databases, a good starting point is the WIPO GOLD
(http://www.wipo.int/wipogold/en/). For Patent Cooperation Treaty data, statistics, and filings, see
PatentScope (http://www.wipo.int/patentscope/en/) with e-mail updates
here(http://www.wipo.int/patentscope/en/updates.html). For European patent searching, start with
espacenet (http://www.espacenet.com/). For descriptions of International Trademark Classifications
see the section in WIPO below or this web site(http://www.naming.com/icclasses.html). For a global
directory of copyright and industrial property offices, here is the Directory of Intellectual Property
Offices (http://www.wipo.int/directory/en/urls.jsp). Here is another great starting point
(http://www.ip-links.de/) for national patent and trademark offices.
III. Research Guides and Bibliographies
Why reinvent the wheel? Although treaties, national domestic laws, and panel decisions are often
essential for research in international intellectual property, here are a few sites with excellent
discussions of international intellectual property topics as well as links to excellent print and
electronic resources. It is important to note that print sources are often better than electronic ones
for getting a sense of a specific area of law.
a. International Intellectual Property Law
Columbia University Law Library, Andrew Larrick, International Intellectual Property

(http://library.law.columbia.edu/guides/International_intellectual_property) includes a discussion of
the nexus of foreign and international intellectual property law and offers bibliographic resources
and additional information for citing the major intellectual property treaties.
Eldis Intellectual Property Rights Resource Guide (http://www.eldis.org/go/topics/resource-

guides/trade-policy/intellectual-property-rights) includes thousands of free articles ranging from
scholarly to journalistic. Its search engine makes it quite useful when seeking information on a
particularly narrow area of law.
The Max Planck Institute for Intellectual Property, Competition, and Tax Law
(http://www.ip.mpg.de/en/pub/news.cfm) includes anOpinions section of the web site
(http://www.ip.mpg.de/en/pub/publications/opinions.cfm) with articles written by noted scholars.
Peace Palace Library, Intellectual Property, (http://www.peacepalacelibrary.nl/research-
6
guides/national-law/intellectual-property/) includes a vast amount of content under the grey tabs

above the text box. The site has bibliographies, new titles, and numerous links to highly relevant
sources.
WIPO Intellectual Property Handbook: Policy, Law, and Use (http://www.wipo.int/about-

ip/en/iprm/) is an excellent primer in both intellectual property and the role of WIPO in the area.
b. International Patent Law
Foreign and International Patent Law Research Guide

(http://lawlibraryguides.bu.edu/content.php?pid=173684&sid=1686142) from Boston University
covers many of the major sources of print and electronic materials on international patent law. The
print recommendations can be supplemented with a search of your local library’s catalog.
Introduction to International/Comparative Patent Law

(http://libguides.wmitchell.edu/IntPatentLaw) - is quite unassuming because the introductory page
is quite brief. Don’t miss the tabs in green across the middle of the page because that is where the
content is. This site covers primary and secondary sources as well as specific Lexis and Westlaw
databases applicable to the area.
i. Public Health and IP
Commission on Intellectual Property Rights, Innovation, and Public Health, Public Health,
Innovation and Intellectual Property Rights
(http://www.who.int/intellectualproperty/report/en/index.html) is a 218 page report exploring the
nexus of these three areas, notably from a public health perspective, as opposed to the trade
perspective of the volume above.
Harvard University’s Center for International Development

(http://www.hks.harvard.edu/centers/cid) includes a web site section with numerous high-level
articles on biotechnology and international intellectual property
rights(http://www.cid.harvard.edu/cidtrade/issues/iprpaper.html).
WTO, WIPO, and WHO, Promoting Access to Medical Technologies and Innovation:
Intersections between public health, intellectual property and trade
(http://www.wipo.int/export/sites/www/freepublications/en/global_challenges/628/wipo_pub_628.p
df) This collaborative volume explores a wide range of topics, from traditional knowledge to public
health issues. The table of contents provides an excellent guide to topics in the area.
ii. Agriculture, Plant Varieties, and IP
7
IUCN Environmental Law Programme, Gerald Moore and Witold Tymowski, Explanatory Guides
to the International Treaty on Plant Genetic Resources for Food and Agriculture
(http://data.iucn.org/dbtw-wpd/edocs/EPLP-057.pdf) covers all the nuances of the Treaty in far
more depth than most other sources. It includes practical points as well as excellent background.
National Agricultural Law Center, International Agricultural Law and Organizations

(http://nationalaglawcenter.org/readingrooms/internationallaw/) serves as a clearinghouse on the
topic. It is particularly useful because of the precise scope of much of the content. It also links to
case law and bibliographies on the topic.
c. International Copyright Law
Compleat World Copyright web site (http://www.compilerpress.ca/CW/index.htm) organizes

articles on the web by major copyright scholars by author, country, institute, and journal.
University of Iowa College of Law Library, Foreign, Comparative, and International Copyright
Materials, (http://libguides.law.uiowa.edu/content.php?pid=255321&sid=2108125) is an excellent
guide with links to not only treaties and print sources, but also relevant specialized journals.
i. Art, Cultural Property, and IP
DePaul University College of Law, Center for Art, Museum, & Cultural Heritage Law, Cultural
Heritage Law Internet Resources
(http://www.law.depaul.edu/centers_institutes/art_museum/internet_resources.asp) includes
primarily cultural property and cultural heritage links, but also includes blogs and other online
resources that cover international art law topics that touch on intellectual property.
Georgetown Law Library, Art Law Research Guide

(http://www.law.georgetown.edu/library/research/guides/artlaw.cfm) includes some United States-
specific content, but also a substantial number of international links and references.
HG.org, Global Legal Resources, Art and Culture Law, (http://www.hg.org/art.html) does an
excellent job of looking at both foreign and international regional art law issues, including relevant
links to publications, organizations, and articles.
Peace Palace Library, Cultural Heritage, (http://www.peacepalacelibrary.nl/research-guides/public-

international-law-special-topics/cultural-heritage/) is an extraordinarily rich repository of content.
Much of it is hidden, under the grey tabs right above the text. The site includes an extensive
bibliography, new titles, databases, blogs and numerous other links.
8
d. International Trademark Law
Vicenç Feliú, International Trademark Law - The Madrid

System(http://www.nyulawglobal.org/globalex/International_Trademark_Law.htm) provides a brief
look at the practical aspects of the Madrid Protocol and includes a selective bibliography.
International Center for Trade and Sustainable Development (ICTSD) and United Nations
Conference on Trade and Development (UNCTAD), IPRsonline.org, General Resources on IPRs
(http://www.iprsonline.org/resources/iprs.htm) includes online reports, articles, and web sites from
1989. It also subject indexing to limit searches to narrower topics, including traditional knowledge,
biodiversity, and human rights.
e. Trade and IP
University of California, Hastings College of the Law Library, Introduction to TRIPs,

(http://librarysource.uchastings.edu/library/guides/foreign-and-international-research/intl-prop-
trips.html) includes bibliographies of books, articles, and documents related to intellectual property,
world trade, the TRIPS Agreement, regional, and national issues.
Graham Dutfield, Literature Survey on Intellectual Property Rights and Sustainable Human
Development(http://www.iprsonline.org/unctadictsd/docs/GDutfield_LiteratureSurveyOnIP_April2
003.pdf) is a 115-page bibliography covering intellectual property rights and sustainable human
development compiled in April 2003.
f. Arbitration, Mediation, and IP
WIPO, WIPO Arbitration and Mediation Center, (http://www.wipo.int/amc/en/) includes answers

to frequently asked questions, sample clauses, and a discussion of mediation in the case of film, art,
and domain name disputes.
Peace Palace Library, Settlement of International Disputes

(http://www.peacepalacelibrary.nl/research-guides/settlement-of-international-disputes/) is a
launchpad for three different pathfinders that cover international arbitration, the International
Court of Justice, and international dispute settlement. Each of the three has extensive bibliographies
and aggregations of links.
g. Traditional Knowledge and IP
KivuNature, A Guide to Traditional Knowledge Resources (http://www.kivu.com/?page_id=354)

includes a vast number of links to books and articles on traditional knowledge, primarily from the
9
perspective of indigenous peoples. It also includes links to websites of indigenous peoples that touch
on traditional knowledge.
WIPO, Traditional Knowledge, Genetic Resources, and Traditional Cultural Expressions/Folklore

(http://www.wipo.int/tk/en/igc/index.html) is the first page of a vast storehouse of information on
traditional knowledge as well as the repository for the documents of the WIPO Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore.
h. Geographical Indications
Food and Agriculture Organization, Linking People, Places, and Products,

(http://www.fao.org/docrep/013/i1760e/i1760e.pdf) is an exhaustive look at geographic indications.
The 189 page document includes case studies and analysis in addition to covering all the basics of
the area.
International Trade Centre, Guide to Geographical Indications, (http://www.intracen.org/Guide-to-

Geographical-Indications-Linking-Products-and-their-Origins/), is a tome on the topic of
geographical indications. It includes the basics as well as statistics and charts supporting the pro-
business perspective of the publication.
IV. General Search Strategies
For the purposes of this guide, there are two goals of research. The first goal is to find a specific
document or set of documents. The other seeks background information on a topic. The former goal
is better suited to electronic research and techniques if the source is comparatively recent. Many of
the links below link to multilateral agreements, preparatory documents, and in some cases, national
laws and cases. Most major treaties and agreements are online and freely accessible. If you are
seeking a pre-1990 document other than a major agreement, a good place to start is with a print
source that gives a citation to where the document appears in print. Footnotes in academic journal
articles can be of particular use in finding such citations. For more recent documents, or more
important older documents, using a search engine such as Google (http://www.google.com) might
help find the document. When using Google or any other search engine, it is important to check the
source of the document. The first step is to note the final three letters in the main address, such as
whether the domain you are at ends with ".com", ".org", or ".edu". In many cases ".int", ".gov",
".org", and ".edu" are considered more reliable domains than ".com" domains, in part because they
are not commercial ventures. In addition, do not rely on the text of a document found on the
Internet in a legal proceeding unless it was from a particularly trusted source. It is possible the
document was poorly scanned, the text was not compared to the original source, the version posted
was an outdated draft, or that document has numerous other flaws.
10
When seeking background information on a topic, it is often best to start with print sources. If you
have a local library, some time checking their catalog and reading the book or articles they have can
get you the answer faster than searching the Internet. One useful research strategy is to set a fixed
time for Internet research. If you have not found the answer in that period, try a local library or
bookstore. Often hours can be spent on the Internet fruitlessly searching for something that is not
there.
When looking for books, one way to narrow your search is to use subject headings. If you are
interested in recent international trademark law, limiting the subject to including the word
TRADEMARK will help quickly narrow your search. As different countries often use different terms
for specific legal constructs, such as trademark, if you are seeking books in a non-US database, it
would make sense to first determine the likely subject headings for the books you are seeking in the
local language and legal terminology.
When looking for periodical articles, there are several ways to start your search. Although searching
with Google(http://www.google.com) or another search engine is one way to find articles, often a
better way is to use a commercial periodical index. The benefit of both the print and online indexes
is that an editor has described what topics the article covers. When using an online index, the first
step is to determine what terms best define the topic and then use those index terms as part of the
search. Since most legal periodical articles are indexed in general indexes, the same databases can be
used for research on a variety of topics. One starting point for finding legal periodical articles using
indexes is the ASIL Guide to Electronic Resources for International Law: International
Environmental Law Chapter (http://www.asil.org/env1.cfm).
Once one relevant book, article, or bibliography (print or electronic) is found, the footnotes therein
will likely lead to additional useful materials. If you are using the Internet to find relevant articles or
books on a narrow topic and you do not have access to a commercial legal periodical index, another
way to approach the same challenge is to go to a search engine and enter your search terms along
with the word “bibliography” or “resources.”
V. Primary Sources
The major sources of international intellectual property law are treaties and other international
agreements. As with many other legal areas, intellectual property is touched on by agreements on
patents, trademarks, copyright, trade, antitrust, licensing practices, civil procedure, and other areas.
In addition to treaties, other sources of international law that touch on intellectual property include
customary law, general principles of law, judicial decisions, and the teachings of the most highly
qualified publicists of the various nations (Article 38 of the Statute of the International Court of
Justice (http://www.icj-cij.org/documents/).
11
a. Internet Sources
A. The United Nations (UN)
The United Nations is a huge family of interlocking international organizations with frequent
overlaps within areas of substantive law, such as intellectual property. Several organizations within
the United Nations work in areas that directly affect international treatment of intellectual property.
The primary three organizations are the World Intellectual Property Organization (WIPO), the UN
Educational, Scientific, & Cultural Organization (UNESCO), and the UN Conference on Trade
and Development (UNCTAD). Additional UN Specialized Agencies that have an interest in
intellectual property laws include the International Telecommunications Union (ITU), the UN
Food and Agriculture Organization (FAO), and the International Union for the Protection of New
Varieties of Plants (UPOV). Many of these agencies have an extensive presence on the Internet,
including the texts of treaties, working papers, and related documents. For a gateway to all the UN
organizations, the best place to start is the Official Web Site Locator for the United Nations System
of Organizations (http://www.unsystem.org/). The relevant UN entities listed below are organized
with the most IP content-rich sites first and more basic links for the more tangentially-related sites
later. For a deeper discussion of United Nations electronic resources in general, see the ASIL Guide
to Electronic Resources for International Law: United Nations Chapter
(http://www.asil.org/un1.cfm).
B. World Intellectual Property Organization (WIPO)
Within the United Nations, the most relevant organization is almost certainly the World Intellectual
Property Organization(http://www.wipo.int/portal/index.html.en), an organization that has existed
under various names for over 100 years, but only became part of the UN as a specialized agency in
1974. It was established by the Convention Establishing the World Intellectual Property
Organization (WIPO)(http://www.wipo.int/treaties/en/convention/index.html). The member states
of WIPO are listed at the WIPO web site (http://www.wipo.int/members/en/). Their web site has a
wealth of information, including numerous intellectual property treaty
texts(http://www.wipo.int/treaties/en/) such as the WTO-WIPO Cooperation
Agreement(http://www.wto.org/english/tratop_e/trips_e/wtowip_e.htm) and the Patent
Cooperation Treaty(http://www.wipo.int/pct/en/texts/index.htm). For practical content on fees,
forms and statistics related to the Patent Cooperation Treaty, there is a dedicated part of the WIPO
web site (http://www.wipo.int/patentscope/en/).
Patent and trademark classifications are discussed at http://www.wipo.int/classifications/en/, notably

the latest International Patent Classification,(http://web2.wipo.int/ipcpub/), earlier editions, and the
International Classification for Industrial Designs under the Locarno
12
Agreement(http://www.wipo.int/classifications/nivilo/locarno/index.htm). For a concordance

between International Patent Classification and United States Patent Classification, see the United
States Patent and Trademark Office's
concordance(http://www.uspto.gov/web/patents/classification/). The same site
(http://www.uspto.gov/web/patents/classification/) also includes conversion between the United
States industrial design protection classification and the Locarno classification
scheme(http://www.wipo.int/classifications/nivilo/locarno/index.htm).
WIPO has also established an Arbitration and Mediation Center

(http://www.wipo.int/amc/en/index.html). The web site includes WIPO Arbitration Rules
(http://www.wipo.int/amc/en/arbitration/rules/index.html) and WIPO Mediation
Rules(http://www.wipo.int/amc/en/mediation/rules/index.html). This site also includes lists of
arbitrators and mediators, recommended contract clauses, and in the case of arbitration, distinct
WIPO Expedited Rules (http://www.wipo.int/amc/en/arbitration/expedited-rules/index.html). For
those with cases before WIPO, they have the WIPO Electronic Case Facility
(ECAF)(http://www.wipo.int/amc/en/ecaf/introduction.jsp).
The WIPO web site is also an excellent source of information and position papers on traditional
knowledge(http://www.wipo.int/tk/en/index.html) and on Internet domain name issues
(http://www.wipo.int/amc/en/index.html). WIPO is one of a few Uniform Domain Name Dispute
Resolution Policy (UDRP) service providers. The WIPO decisions are posted on their web site
(http://www.wipo.int/amc/en/domains/decisions.html). Commercial sources for WIPO decisions
include LEXIS: trdmrk;wipodd (2000-) and WESTLAW: udrp-arb (2000-). There are other UDRP
service providers, and they are all administered by the Internet Corporation for Assigned Names and
Numbers (ICANN) (http://www.icann.org/) also more fully discussed below.
WIPO is also a tremendous resource for national intellectual property laws, most notably with
Collection of Laws for Electronic Access (CLEA) (http://www.wipo.int/clea/en/). Another national
domestic resource the WIPO web site offers is the Directory of Intellectual Property Offices
(http://www.wipo.int/directory/en/urls.jsp).
Finally, although largely beyond the scope of this article, the WIPO web site has the vast
Intellectual Property Digital Library (IPDL)(http://www.wipo.int/ipdl/en/index.jsp), which includes
a searchable database of works submitted under various WIPO treaties including PCT (Patents),
Madrid (Trademarks), Hague (Industrial Designs), Article 6ter (State Emblems, Official Hallmarks,
and Emblems of Intergovernmental Organizations). The contents of the IPDL are spelled out on
this excellent scope page (http://www.wipo.int/ipdl/en/resources/content.jsp)
13
C. United Nations Educational, Scientific, and Cultural Organization (UNESCO)
Unlike WIPO, United Nations Educational, Scientific and Cultural Organization (UNESCO)
(http://www.unesco.org/new/en/unesco/) was a specialized agency of the UN from the UN’s
inception in 1945. UNESCO has an extremely broad scope, from rebuilding classrooms in
devastated countries to preserving cultural sites around the world. At the same time, since the
protection of culture is within UNESCO’s scope, it touches on museums, arts, world heritage, and
copyright. Copyright issues within UNESCO are dealt with in the Culture Sector’s Division of Arts
and Cultural Enterprise. UNESCO’s involvement in copyright goes back to the 1952 Universal
Copyright Convention (http://www.unesco.org/culture/en).
More recently, UNESCO’s focus has been on digital technologies and preventing piracy, particularly
through education and public awareness campaigns. UNESCO’s web site includes a wide array of
legal instruments (http://portal.unesco.org/culture/en/). Of particular interest to IP researchers,
beyond the legal instruments is the UNESCO e-Copyright Bulletin, offered in five languages,
(http://portal.unesco.org/culture/en/) and the splendid Collection of National Copyright Laws
(http://portal.unesco.org/culture/en/).
In addition, UNESCO has a publishing arm and has started publishing e-books, the first of which is
Copyright-Engine of Developmentby Ralph Oman (http://portal.unesco.org/culture/en/).
Additional UNESCO publications on copyright and neighboring rights are available here
(http://www.unesco.org/new/en/unesco/resources/online-materials/publications/unesdoc-database/).
D. United Nations Conference on Trade and Development (UNCTAD)
Established in 1964, the United Nations Conference on Trade and Development (UNCTAD)
(http://unctad.org/en/Pages/Home.aspx) has the goal of integrating the developed and less developed
countries of the world into the global economy. As such, it has a very useful intellectual property
portal on intellectual property rights and sustainable development called IPRsonline
(http://www.iprsonline.org/). This site includes links to guides on various IP rights, IP proposals
submitted to the WTO, discussion papers, and links to texts of regional free trade agreements. Some
of the materials appear to come from the International Centre for Trade and Sustainable
Development (ICTSD) (http://ictsd.org), an independent non-governmental organization.
E. United Nations Food and Agriculture Organization (FAO)
Along with UNESCO, the United Nations’s Food and Agriculture Organization
(http://www.fao.org/index_en.htm) was founded as part of the UN’s inception in 1945. Although
largely focused on issues related to hunger, its pronouncements also affect intellectual property,
particularly in the area of biotechnology and agriculture, including genetically modified organisms
14
(GMOs). An FAO conference approved the International Treaty on Plant Genetic Resources for
Food and Agriculture (http://www.planttreaty.org/content/texts-treaty-official-versions) through
Resolution 3/2001 and now has the 40 signatories required for implementation. The FAO also
drafted its predecessor, the 1983 International Undertaking on Plant Genetic Resources for Food
and Agriculture (http://www.fao.org/ag//CGRFA/iu.htm). In collaboration with the Consultative
Group on International Agricultural Research (CGIAR) (http://www.cgiar.org/), the FAO offers an
easy way of searching the FAO and related sites called Info Finder
(http://waicent.fao.org/cgiar/home_form.asp).
F. International Union for the Protection of New Varieties of Plants (UPOV)
The International Union for the Protection of New Varieties of Plants (UPOV)
(http://www.upov.org/index_en.html) is an inter-governmental organization (IGO) within the
structure of the UN, established as part of the International Convention for the Protection of New
Varieties of Plants, (http://www.upov.org/en/publications/conventions/index.html) in 1961. The
UPOV web site(http://www.upov.org/index_en.html) includes meeting schedules, position papers,
news of accessions to the UPOV Convention, statistics, and a list of technical and legal publications
for sale. Of particular interest is the National Plant Variety Protection Laws page
(http://www.upov.org/en/publications/npvlaws/index.htm) that includes the texts of national and
EU laws on the topic.
G. United Nations Environment Program (UNEP) Secretariat of the Convention on

Biological Diversity (CBD)
The Secretariat of the Convention on Biological Diversity (http://www.cbd.int/default.shtml) was

formed under the auspices of the United Nations in 1992 as part of the implementation of the
Convention on Biological Diversity(http://www.cbd.int/convention/convention.shtml). The web
site touches on intellectual property in the contexts of access to genetic resources, traditional
knowledge, and genetic use restriction technologies. The primary content of the web site is Decisions
of the Conference of the Parties (http://www.cbd.int/decisions) and official documents
(http://www.cbd.int/information/library.shtml).
H. International Telecommunications Union (ITU)
The International Telecommunications Union (ITU) (http://www.itu.int/en/pages/default.aspx) is

almost 140 years old and became a UN specialized agency in 1947. It deals with technological and
policy issues related to global telecommunications networks and services, including radio, television,
cellular, broadband, and other spectrum issues. While it is not as directly related to intellectual
property as some of the organizations discussed above, the web site does include a fair amount of
15
technical information and such expertise is useful in supplementing the legal pronouncements of the
WIPO and others.
I. United Nations Economic Commission for Europe (UNECE)
The United Nations Economic Commission for Europe (UNECE) (http://www.unece.org/) was set
up in 1947 by the UN Economic and Social Council (ECOSOC) (http://www.un.org/en/ecosoc/)
as one of the five UN regional commissions. As such, UNECE’s goal is greater regional economic
integration. The other four regional commissions for
development(http://www.un.org/en/development/index.shtml) have less focus on intellectual
property issues.
J. World Health Organization (WHO)
The World Health Organization (WHO) (http://www.who.int/en/) was one of the original UN
specialized agencies, set up in 1948. Within the WHO, there is a more recent interest in the
relationship between intellectual property and health. In 2003, the World Health Assembly
established the Commission on Intellectual Property Rights, Innovation and Health
(CIPIH)(http://www.who.int/intellectualproperty/en/). The CIPIH web site includes a section
dedicated to recent studies(http://www.who.int/intellectualproperty/studies/en/) as well as related
World Health Assembly documents(http://www.who.int/intellectualproperty/documents/en/).
2. Other International Organizations
A. World Trade Organization (WTO)
The World Trade Organization (WTO) (http://www.wto.org/) is an autonomous intergovernmental

body under the aegis of the UN. Its goal is the creation of rules of trade between nations and groups
of nations (such as the European Union). The WTO was founded in 1995 as part of the Marrakesh
Agreement Establishing the World Trade
Organization(http://www.wto.org/english/docs_e/legal_e/legal_e.htm). The 1995 Marrakesh
Agreement was negotiated during the Uruguay Round which took place between 1986 and 1994.
The WTO currently has 146 member nations and regional organizations. It serves numerous
functions including administering the Uruguay Round trade agreements, facilitating trade dispute
resolution, and surveying member nation trade policies.
Although the WTO’s scope is far broader than just intellectual property, a substantial portion of its
work involves the Trade-Related Aspects of Intellectual Property Rights (TRIPS)
(http://www.wto.org/english/docs_e/legal_e/27-trips.pdf), an Annex to the Marrakesh Agreement.
The TRIPS agreement is so important that there is a separate TRIPS section on the WTO web
16
site(http://www.wto.org/english/tratop_e/trips_e/trips_e.htm). TRIPS addresses how to protect

intellectual property through baseline levels of legal protection, how countries should enforce those
rights, and how to settle disputes between WTO members. The heart of the WTO web site for
primary sources is the On-line Documents Database
(http://www.wto.org/english/docs_e/ddf_e/ddf_e.htm). Another essential resource on the WTO
web site is the list of panel, appeal, and arbitration
rulings(http://www.wto.org/english/tratop_e/dispu_e/distabase_e.htm). These reports are also
available on LEXIS: ITRADE;WTODS (1996-) and WESTLAW: WTO-DEC (1996-).
In addition to the TRIPS Agreement, the WTO has more recently promulgated the Doha
Ministerial Declaration(http://www.wto.org/english/thewto_e/minist_e/min01_e/min01_e.htm)
which, in part, discusses world trade, less developed countries, and the pharmaceuticals sector,
particularly as they relate to patent and patent licensing issues. Information about subsequent
implementation of the Doha Ministerial Declaration can be found here
(http://www.wto.org/english/tratop_e/dda_e/dda_e.htm).
Due to the complexity of determining the relationship between WTO and WIPO, there is a separate
WTO-WIPO Cooperation
Agreement(http://www.wto.org/english/tratop_e/trips_e/wtowip_e.htm).
B. Internet Corporation for Assigned Names and Numbers (ICANN)
The Internet Corporation for Assigned Names and Numbers (ICANN) (http://www.icann.org) is an
international non-profit organization responsible for, among other things, Internet domain name
management. It was founded in 1998 based on ideas set out in US Department of Commerce policy
documents. ICANN is most directly related to intellectual property when there is a conflict between
a registered Internet domain name and trademark holder of a related mark. For such disputes,
ICANN has a Uniform Domain-Name Dispute Resolution Policy (UDRP)
(http://www.icann.org/en/help/dndr/udrp) and Rules for the
Policy(http://www.icann.org/en/help/dndr/udrp/rules). To arbitrate these disputes, ICANN
maintains a list of Approved Dispute Resolution Service Providers
(http://www.icann.org/en/help/dndr/udrp/providers) (one of which is WIPO). The decisions and
proceedings of each service provider are available at their separate sites linked to by ICANN
(http://www.icann.org/en/help/dndr/udrp/providers). In addition, ICANN itself offers aggregated
searches (http://www.icann.org/en/help/dndr/udrp/proceedings). They are also available on
WESTLAW: udrp-arb (2000-).
C. Organisation for Economic Co-operation and Development (OECD)
17
The Organisation for Economic Co-operation and Development (OECD) (http://www.oecd.org/) is

an organization of thirty member nations committed to democracy and market economies. It grew
out of the post-World War II Marshall Plan as a way of distributing aid for the rebuilding of
Europe. The OECD has a Directorate for Science, Technology, and
Industry(http://www.oecd.org/department/) that investigates how intellectual property rights and
models affect economic development. The OECD conducts ministerial conferences, workshops, and
seminars on a wide range of topics, from publicly funded research to patent policy.
D. Hague Conference on Private International Law (Hague Conference)
The Hague Conference on Private International Law (Hague Conference)

(http://www.hcch.net/index_en.php), founded in 1893 and made permanent in 1955, is an
intergovernmental organization dedicated to unifying private international law. As such, it deals with
an extraordinarily wide range of private international law issues. Among them is a Convention on
Choice of Court Agreements(http://www.hcch.net/index_en.php?act=conventions.text&cid=98)
that covers issues related to the international licensing of intellectual property. The Convention has
not yet entered into force anywhere.
E. Trilateral Co-operation
In 1983, the United States Patent and Trademark Office, the Japanese Patent Office, and the
European Patent Office started a joint venture to coordinate aspects of their administrative
functions. It has more recently been working towards developing a worldwide patent-granting
system. As part of the Trilateral Co-operation, the three offices have recently created a new Trilateral
Web Site(http://www.trilateral.net/). Not all the content related to the Trilateral Co-operation is on
the main web site.
To facilitate data exchanges between the three offices, the three patent offices developed the
Common Application Format (CAF)(http://www.trilateral.net/projects/pct/CAF.html). The online
version also includes Annex I: Common Requirements for All Types of Documents
(http://www.trilateral.net/projects/pct/CAF/annex1.pdf) and Annex II: Comparative Table of
Examples for Each Type of the Applications
(http://www.trilateral.net/projects/pct/CAF/annex2.pdf)
3. Regional Organizations
International organizations with their ambitions of global intellectual property harmonization face
extreme challenges due to the diversity of nations, their differing economic situations, and their
multitude of legal histories. Regional organizations, which are often groups of similarly-situated
nations, are often in a better position to bridge national legal differences in intellectual property laws
18
in ways that international organizations and wide-ranging multilateral treaties cannot.
A. Regional Africa
i. African Intellectual Property Organization (OAPI)
The African Intellectual Property Organization (OAPI) (http://www.oapi.int) was created by the
1977 Bangui Agreement(http://www.wipo.int/wipolex/en/other_treaties/details.jsp?treaty_id=227)
and includes 16 primarily French-speaking African nations seeking to harmonize their industrial
property systems. Up until 1962, many of the member nations were governed by French patent law.
From 1962 to 1977, a slightly different group of nations was governed by the Libreville Agreement.
OAPI is linked to ARIPO, the other major African regional IP organization, and WIPO through the
Quadtripartite Agreement (http://www.wipo.int/africa/en/partners_org/quadripartite/index.html).
ii. African Regional Industrial Property Organization (ARIPO)
African Regional Industrial Property Organization (ARIPO) (http://www.aripo.org/), created by the

1976 Lusaka Agreement (http://www.wipo.int/wipolex/en/other_treaties/), is composed of many of
the English-speaking African countries. ARIPO was formed to coordinate the industrial property
systems of the members. The Harare Protocol(http://www.wipo.int/wipolex/en/other_treaties/)
governs patents and industrial designs. The Banjul
Protocol(http://www.wipo.int/wipolex/en/other_treaties/) governs trademarks. ARIPO is linked to
OAPI, the other major African regional IP organization, and WIPO through the Quadtripartite
Agreement (http://www.wipo.int/africa/en/partners_org/quadripartite/index.html).
iii. Pan-African IP Office (PAIPO)
As of early February 2013, the African Union is moving ahead with the merging of OAPI and
ARIPO into PAIPO. It is unclear how quickly the process of merging will proceed. There are
substantial hurdles ahead and no website exists as of now.
B. Regional - Asia
i. Asia-Pacific Economic Cooperation (APEC)
Asia-Pacific Economic Cooperation (APEC) (http://www.apec.org/) is a 21 member regional free

trade association not based on any treaty or agreement. Its primary goals since its establishment in
1989 are related to trade and economic development, including tariff reduction. One of the groups
within APEC is the APEC Intellectual Property Rights Experts Group (APEC-
IPEG)(http://www.apecipeg.org/) which helps countries with TRIPS implementation. APEC-IPEG
also has discussed harmonization of IP issues such as protection of traditional knowledge including
19
genetic resources.
ii. Association of Southeast Asian Nations (ASEAN)
The Association of Southeast Asian Nations (ASEAN) (http://www.asean.org/), founded in 1967, is

a broad organization of ten member nations of Southeast Asia. They have developed the ASEAN
Framework Agreement on Intellectual Property Cooperation(http://www.asean.org/asean/asean-
summit/) . To determine each member country’s TRIPS compliance, the ASEAN web site has a
national compliance chart
(http://www.asean.org/images/2012/Economic/sectoral_aem/service/agreement/). ASEAN also
coordinated with European organizations in the EC-ASEAN Intellectual Property Rights
Cooperation Programme (ECAP III) (http://www.ecap-project.org/).
C. Regional – Americas
i. Organization of the American States (OAS)
The Organization of American States (OAS) (http://www.oas.org/en/) is a regional organization

formed in 1948 by the Charter of the Organization of American States
(http://www.oas.org/en/about/who_we_are.asp). It now has 35 member nations dedicated to a wide
range of goals, including promoting democracy, furthering the peace process, and defending human
rights. In 1995, the OAS formed the Trade Unit (http://www.sice.oas.org) that addresses free trade
issues in the region. The Trade Unit has a specialized intellectual property webpage
(http://www.sice.oas.org/int_prop/int_prop_e.asp) with links to national
legislation(http://www.sice.oas.org/int_prop/ipnale.asp) and national intellectual property
authorities (http://www.sice.oas.org/int_prop/ip_dir.asp). The OAS web site also includes a webpage
(http://www.sice.oas.org/tpd/ftaa/ftaa_e.asp) about the Free Trade Agreement of the Americas
(FTAA), which includes intellectual property. The FTAA is discussed separately below.
ii. Common Market of the South – Mercado Sur (MERCOSUR)
MERCOSUR/MERCOSUL (http://www.mercosur.int/), formed in 1991, is a group of four South

American countries committed to forming a common market based on the Treaty of Asuncion.
Member states have adopted the Protocol for Harmonization of Intellectual Property Rights,
Trademarks, and Origins (http://www.sice.oas.org/Trade/MRCSRS/Decisions/dec0895.asp) (in
Spanish). Other MERCOSUR documents are available on the main web site
(http://www.mercosur.int/) in Spanish and Portuguese.
iii. North American Free Trade Agreement (NAFTA) Secretariat
20
The North American Free Trade Agreement (NAFTA) Secretariat (http://www.nafta-sec-

alena.org/en/view.aspx?x=202) was formed as part of the North American Free Trade Agreement
(NAFTA) (http://www.nafta-sec-alena.org/en/view.aspx?x=343) which came into effect in 1994 with
three member states. NAFTA includes the elimination of trade barriers and the creation of a dispute
resolution system. The main web site (http://www.nafta-sec-alena.org/en/view.aspx) includes the
Status of the Dispute Settlement Proceedings(http://www.nafta-sec-alena.org/en/StatusReport.aspx)
and Panel Decisions and Reports (http://www.nafta-sec-
alena.org/en/DecisionsAndReports.aspx?x=312). Although so far the vast majority of the reported
disputes involve goods rather than intellectual property, intellectual property is within the scope of
NAFTA. NAFTA Panel Review Decisions are also available commercially on LEXIS: intlaw;nafdec
(1995-) and WESTLAW: nafta-bip (1995-).
iv. Free Trade Area of the Americas (FTAA)
The Free Trade Area of the Americas (FTAA) (http://www.ftaa-alca.org/alca_e.asp) is an ongoing

project to create a large free trade zone in the Western Hemisphere. It includes negotiations
regarding intellectual property rights (http://www.ftaa-alca.org/ftaadraft02/draft_e.asp#IP). The
FTAA web site includes FTAA directives (http://www.ftaa-alca.org/ngroups/ngprop_e.asp) andlinks
to national intellectual property legislation (http://www.ftaa-alca.org/IntProp/ipnatleg_e.asp).
v. Caribbean Community and Common Market (CARICOM)
The Caribbean Community and Common Market (CARICOM) (http://www.caricom.org/) is a

regional organization with goals of free trade and integration among Caribbean nations. Although
the process started long before, CARICOM came into its current incarnation in 1973. Article IX of
Protocol III amending the Treaty establishing the Caribbean Community includes the addition of
Article 44 to the Treaty, covering the Protection of Intellectual Property Rights
(http://www.caricom.org/jsp/secretariat/legal_instruments/). Other CARICOM laws and cases are
available at http://www.caricomlaw.org/ (http://www.caricomlaw.org/).
vi. Andean Community
The Andean Community (http://www.comunidadandina.org/endex.htm) is a group of countries in

northwestern South America that have formed a free trade zone based on the 1969 Cartagena
Agreement(http://www.comunidadandina.org/ingles/normativa/ande_trie1.htm). The web site
includes treaties and protocols(http://www.comunidadandina.org/ingles/treaties.htm). As the
Cartagena Agreement includes harmonization of intellectual property laws, the web site also includes
Decisions of the Community (http://www.comunidadandina.org/ingles/treaties.htm), which will
occasionally address intellectual property issues.
21
D. Regional – Europe/Eurasian
i. European Union (EU)
The European Union (EU) (http://europa.eu/index_en.htm) is a regional organization created in

1958. The EU has numerous goals, including harmonization of internal laws, reduction of internal
barriers, creation of a common external tariff, issuance of a common currency, and facilitation of free
movement within the EU.
There are numerous areas within the EU’s goals that touch on intellectual property, but the most
important is the one dedicated to harmonizing internal EU laws, the Internal Market
(http://ec.europa.eu/internal_market/index_en.htm). This site divides intellectual property into
industrial property (patents and trademarks) and copyright (copyright and neighboring rights).
Industrial property (http://ec.europa.eu/internal_market/indprop/index_en.htm) includes a special
section on the latest news(http://ec.europa.eu/internal_market/indprop/news/index_en.htm). The
copyright section has a similar structure with a main page
(http://ec.europa.eu/internal_market/copyright/documents/index_en.htm) and the latest
news(http://ec.europa.eu/internal_market/copyright/news/index_en.htm). Other parts of the
Internal Market page(http://ec.europa.eu/internal_market/index_en.htm) link to pages on data
protection, e-commerce, and unfair competition. The broader EU site also includes EU intellectual
property policies (http://europa.eu/scadplus/leg/en/s06020.htm) and covers EU intellectual property
and trade issues (http://ec.europa.eu/trade/creating-opportunities/trade-topics/intellectual-
property/index_en.htm).
Other parts of the EU web site include EU intellectual property legislation in force (http://eur-
lex.europa.eu/en/repert/1720.htm), the official texts of EU copyright documents
(http://ec.europa.eu/internal_market/copyright/documents/documents_en.htm) and notice of
failure to implement EU copyright directives
(http://ec.europa.eu/internal_market/copyright/infringements/index_en.htm).
Finally, within the EU is a harmonized process for registering EU trademarks and

designs(http://oami.europa.eu/ows/rw/pages/index.en.do). On October 1, 2004, the EU joined the
Madrid Protocol http://www.wipo.int/madrid/en/legal_texts/trtdocs_wo016.html), so community
trademarks can now be the basis for international trademark applications. It is relevant to note when
searching for information about trademarks that some countries spell it "trademark", while others
spell it "trade mark". When researching trademarks in the EU, it is worth starting with the
substantial Frequently Asked Questions concerning the Community trade mark
system(http://oami.europa.eu/ows/rw/pages/CTM/FAQ/FAQ.en.do). The Office for
Harmonization in the Internal Market (OHIM) site also includes publications
22
(http://oami.europa.eu/ows/rw/pages/OHIM/OHIMPublications.en.do) as well as the Community

Trade Marks Bulletin (http://oami.europa.eu/ows/rw/pages/CTM/CTMBulletinList.en.do) and
National Law Relating to the Community Trade
Mark(http://oami.europa.eu/ows/rw/pages/CTM/legalReferences/nationalLaw.en.do). The site also
includes the searchable Community Trade Mark Consultation Service
(http://oami.europa.eu/ows/rw/pages/QPLUS/databases/searchCTM.en.do) for searching registered
marks, and the Refused Trademarks, Opposition Decisions, Cancellation Decisions, and Boards of
Appeal Decisions(http://oami.europa.eu/ows/rw/pages/CTM/caseLaw/caseLaw.en.do). Along with
trademarks, OHIM also oversees the registration of European Community designs. For more
information on European Community designs, there are sections on legal
texts(http://oami.europa.eu/ows/rw/pages/RCD/legalReferences/legalReferences.en.do) and design
case law(http://oami.europa.eu/ows/rw/pages/RCD/caseLaw/caseLaw.en.do)
To the extent that a case regarding intellectual property arises within the EU, rather than in a
national court, the place to check would be the European Court of Justice (ECJ) web site
(http://curia.europa.eu/en/content/juris/index.htm).
ii. United Nations Economic Commission for Europe (UNECE)
iii. European Patent Office (EPO)
The European Patent Office (EPO) (http://www.epo.org/index.html) was created by the1973

European Patent Convention, subsequently revised with the revised version coming into force
December 13, 2007 (http://www.epo.org/law-practice/legal-texts/epc.html). The original
Convention created a uniform patent system within Europe. The EPO is also part of the Trilateral
Cooperation along with the US Patent and Trademark Office and the Japanese Patent Office. The
EPO web site includes Decisions of the Boards of
Appeals(http://www.epo.org/patents/appeals.html). The Decisions of the Enlarged Board of Appeal
are available here(http://www.epo.org/patents/appeals/eba-decisions.html). EPO Decisions are also
available on LEXIS: PATENT;EPOBOA (1979-) and WESTLAW: EPO-RPTS (1979-).
iv. Eurasian Patent Organization (EAPO)
The Eurasian Patent Organization (EAPO) (http://www.eapo.org/eng/ea/) was created in 1996 by

the Eurasian Patent Convention(http://www.eapo.org/eng/ea/documents/konvenci.html), due to the
need for such an organization after the fall of the Soviet Union in 1991. The EAPO web site
includes news in English (http://www.eapo.org/eng/news/index.html) as well as information on how
to get a Eurasian patent (http://www.eapo.org/pdf/HowToGet_ENG_2009-1.pdf) and related
documents(http://www.eapo.org/eng/ea/documents/).
23
b. Other Electronic Sources of Primary Law
There are numerous other electronic sources of primary law. Below are just a few of the more reliable
and comprehensive free and commercial electronic sources. Due to the rapid change in electronic
products, the list below is not intended as a detailed description of the products, but more as a
pointer to potentially relevant resources.
Bloomberg BNA's Intellectual Property Library (http://iplaw.bna.com/iprc/) is a commercial

subscription based service with primary sources that are very recent and legal intellectual property
reporting from around the world.
Hein Online (http://www.heinonline.org) is a commercial subscription database with a vast number

of multilateral treaties to which the US is a party
(http://www.heinonline.org/HOL/Index?collection=ustreaties) as well as International Legal
Materials (ILM)(http://heinonline.org/HOL/Index?index=journals/intlm&collection=fijournals) .
Institute for Information Law at the University of Amsterdam, (http://www.ivir.nl/index-

english.html) offers a collection of European cases revolving around the sui generis European
database right (http://www.ivir.nl/files/database/index.html).
International Legal Materials (http://www.asil.org/ilm.cfm) is a bi-monthly print publication of the

American Society of International Law that includes recent major international documents. ILM is
also available on LEXIS (INTLAW; ILM and ILMTY from 1975) and WESTLAW from 1980
(ILM).
LEXIS (http://www.lexis.com) is a commercial aggregation of databases that includes thousands of

news and law files. It is referred to above in the relevant sections and often has decisions of
international tribunals and other dispute resolution panel reports. It has topical arrangements of its
databases, so the most useful will likely be listed in LEXIS (COPYRT, PATENT, and TRDMRK
libraries and US treaties database (INTLAW;USTRTY), which includes US treaties in force back to
1783.
The Multilaterals Project (http://www.thecre.com/fedlaw/legal20/multilaterals.htm) at the Tufts

University's Fletcher School of Law and Diplomacy is a free web site that includes the texts of
international multilateral conventions and other instruments. It includes searching by subject, date,
and full-text.
Oceana, TIARA U.S. Treaties Researcher Database (http://www.oceanalaw.com/) is a commercial

product that includes all US treaties from 1783 – 1990, and a wide array of post-1990 treaties. It is
searchable in numerous ways and includes intellectual property treaties.
24
Readex AccessUN (http://infoweb.newsbank.com) is a subscription-based product with access

restricted to subscribers. It indexes a vast number of UN documents, including reports, Official
Records, draft resolutions, the United Nations Treaty Series (UNTS), and much more.
United Nations Treaty Collection (http://treaties.un.org/) is a commercial product from the United
Nations. It includes electronic versions of the Status of Multilateral Treaties Deposited with the
Secretary-General of the United Nations (and those deposited with the League of Nations) along
with various bilateral treaties. The database is searchable by numerous criteria. The licensing
agreement for this Collection used to be particularly strict, but has recently been revised.
WESTLAW (http://www.westlaw.com) is a commercial aggregation of databases, quite similar to

LEXIS. It brings together a vast number of legal and news databases and includes a wide array of
treaties and decisions, as well as secondary sources on international intellectual property.
WESTLAW also includes Derwent World Patents Legal (DWPL), Patents Throughout the World
(PATWORLD), TRADEMARKSCAN - European Community (IP-EC) and
TRADEMARKSCAN - International Register (IP-WIPO).
For additional information on finding treaties in electronic format, see ASIL Guide to Electronic
Resources for International Law: Treaties Chapter (http://www.asil.org/treaty1.cfm).
VI. Primary National Legislation and Decisions
Along with the superb sources above, notably WIPO’s CLEA (http://www.wipo.int/clea/en/) and
UNESCO’s Collection of National Copyright Laws (http://portal.unesco.org/culture/en/), there are
several other excellent sources for national intellectual property legislation.
University of Alicante, International Portal of the University of Alicante on Intellectual Property &
Information Society (http://www.uaipit.com/en/index.php)
World Legal Information Institute (http://www.worldlii.org/catalog/315.html)
For a more official source for a particular jurisdiction’s laws, it is often worth checking the official
web site(s) of the jurisdiction or a print compilation of national intellectual property laws.
VII. Recommended Link sites
Instead of making hundreds of bookmarks for relevant sites, try starting with this ERG or one of the
following sites. Each one includes hundreds of international intellectual property links.
v. Bezold & Sozien, IP-Links (http://www.ip-firm.de/index.htm) links to German/European IP

news, laws, regulations, documents, and European Court of Justice IP decisions.
25
Phillips, Ormonde & Fitzpatrick, IPMenu (http://www.iplawlink.com/ipmenu/default.htm) links to

numerous international intellectual property web sites. It is organized topically with annotations,
headines, intellectual property conferences, and other practical information.
Pierce Law’s IP Mall, General Sources of IP (http://ipmall.info/hosted_resources/fplchome.asp).

This site includes the Global Directory of International Resources
(http://ipmall.org/web_resources/record_request_pb_05.php) and Traditional Knowledge Online
(http://www.traditionalknowledge.info/).
TRIPSagreement.com includes an excellent bibliography of books and articles related to TRIPS

(http://www.tripsagreement.net/)
UNCTAD's links are at IPRs, Trade and Sustainble Development

(http://www.iprsonline.org/links/index.htm).
VIII. Selected Non-Governmental Organizations
● International Association for the Protection of Intellectual Property

(https://www.aippi.org/)
● International Chamber of Commerce (http://www.iccwbo.org/about-icc/policy-

commissions/intellectual-property/)
● International Federation of Library Associations and Institutions:

(http://www.ifla.org/)
● International Federation of Reproduction Rights Organisations

(http://www.ifrro.org/)
● International Intellectual Property Alliance (http://www.iipa.com/)
● International Intellectual Property Institute (http://iipi.org/)
● International Trademark Association (http://www.inta.org/)
IX. Electronic Current Awareness
Franklin Pierce Law Center, IP News Blog (http://www.ipmall.info/)
Douglas Isenberg, GigaLaw.com Daily News (http://gigalaw.blogspot.com/)
Law.com, IP Law Practice Center (http://www.law.com/jsp/iplawandbusiness/index.jsp)
26
PA Axel H. Horn, IP Law and Practice (http://www.ipjur.com/blog2/)
Intellectual Property Watch (http://www.ip-watch.org/) has reporters in Geneva and around the
world and is an excellent source of news about WIPO and other breaking international intellectual
property news.
WIPO Magazine (http://www.wipo.int/wipo_magazine/en/) is a bimonthy magazine with articles of

interest to both practitioners and academics.
Bloomberg BNA’s World Intellectual Property Report (http://www.bna.com/world-intellectual-

property-report-p6798/) offers up-to-date news from countries around
*
In 1999, Jonathan Franklin joined the Gallagher Law Library as Assistant Librarian for Library
Services and was promoted to Associate Law Librarian in 2001. In addition to managing the library
administration and circulation departments and sharing in reference duties, he is now responsible for
database selection, licensing, and instructional technology planning for the law school. Jonathan also
has written articles on information licensing and international law issues as well as having taught a
course at the law school on Preservation of Indigenous Cultural Heritage.
He earned his A.B., A.M. Anthropology and J.D. degrees from Stanford University and M.Libr.
with a Certificate in Law Librarianship from the University of Washington. Prior to the University
of Washington, he spent five years as an reference librarian and foreign law selector at the University
of Michigan Law Library. In law school, he was a Senior Editor of the Stanford Environmental Law
Journal and a Note Editor for the Stanford Law Review.
He is a member of the American Association of Law Libraries.
27
e- R G

International

Organizations

Anne Burnett

This page was last updated March 31, 2015

.

T
levels.

2
.

I. Scope of This Chapter

II. Preliminary Definitions

III. Research Basics

IV. Representative IGOs Online

V. Representative NGOs Online

I. Scope of This Chapter

This chapter of the ASIL ERG provides:

• a brief introduction to the concepts of "intergovernmental organizations" and "non-
governmental organizations"

• discussion of electronic resources helpful in researching international organizations

• links to the Websites of representative intergovernmental and non-governmental
organizations providing electronic access to their documents and other publications

Although no guide to researching international organizations would be complete without reference
to the United Nations (UN), researchers are directed to the chapter in the ASIL ERG devoted to
the UN (http://asil.org/sites/default/files/ERG_UN.pdf) for a thorough discussion of researching
the UN and its specialized agencies.

II. Preliminary Definitions

a. Intergovernmental Organization (IGO)

An "association of States established by and based upon a treaty, which pursues common aims
and which has its own special organs to fulfil particular functions within the organization." -
from Encyclopedia of Public International Law. The Universal Postal Union
(http://www.upu.int/), established in 1874 by the Treaty of Bern, is one of the oldest IGOs. As a
legal entity with international legal status, an IGO can enter into agreements with other IGOs or
3
.
nation states. The most well-known IGO is the United Nations (http://www.un.org/).

Most IGOs have a legislative body, creating legal acts such as resolutions and directives that bind
the IGO under international law. An example is the United Nations General Assembly
(http://www.un.org/ga/), which serves as the major deliberative body of the UN.

IGOs may include a dispute resolution mechanism to resolve conflicts between Member States. The
International Court of Justice (http://www.icj-cij.org/) serves this role for the UN.

In addition, many IGOs have an executive body (often called a secretariat) to facilitate the IGO’s
operations. For example, the UN Secretariat (http://www.un.org/documents/st.htm) carries out
the day-to-day operations of the UN.

b. Non-governmental Organization (NGO)

An international organization consisting of non-governmental representatives and individuals, a
characteristic which distinguishes it from intergovernmental organizations (IGO) which consist
primarily or wholly of governmental representatives. NGOs have no international legal status and
therefore do not enter into treaties or other international agreements, although they may promote
such agreements. The United Nations Charter provides for the UN Economic & Social Council
to arrange for consultations with NGOs, and some NGOs exercise considerable influence, e.g.,
the International Committee of the Red Cross (http://www.icrc.org/), Amnesty International
(http://www.amnesty.org/), Greenpeace (http://www.greenpeace.org/) and Oxfam
(http://www.oxfam.org/).

III. Research Basics

a. Online Library Catalogs

When searching online library catalogs for materials on international organizations, try the
following Library of Congress subject headings: INTERGOVERNMENTAL COOPERATION,
INTERNATIONAL AGENCIES, INTERNATIONAL ORGANIZATION, NON-
GOVERNMENTAL ORGANIZATIONS, REGIONALISM (INTERNATIONAL
ORGANIZATION), or search by individual organization name: ORGANIZATION FOR
SECURITY AND COOPERATION IN EUROPE or WORLD TRADE ORGANIZATION.

Try utilizing the online catalog's KEYWORD search function for the most flexible
searching options.

In addition to searching your local law library's online catalog, you can search for materials in other
4
.
libraries by using WorldCat, a merged electronic catalog of thousands of libraries from around the
world. WorldCat (http://www.oclc.org/us/en/worldcat/default.htm) contains over a billion records.
In addition to providing bibliographic information, WorldCat lists the libraries holding the item.

b. Web Searching

Many international organizations produce a variety of documents, ranging from treaties facilitated
by IGOs to reports issued by NGOs. The Web is proving to be a rich source for these documents,
although access and coverage vary widely from one organization to the next. See Representative
IGOs, infra, and Representative NGOs, infra, for examples of international organizations
providing access to documents via the Web.

When searching the Web for the sites of international organizations, utilize the advanced features
on search engines to limit your results to sites ending in the domain name .int which is reserved for
organizations established by international treaties between or among national governments. For
example, in Google Advanced Search mode (http://www.google.com/advanced_search), enter .int
in the domain box to limit your results. Keep in mind, however, that some international
organizations have eschewed the .int domain (e.g., http://www.un.org and http://europa.eu), and
limiting the domain may result in the unintentional exclusion of these important entities from the
search results.
Intergovernmental Organization Search Engine

(http://www.google.com/coop/cse?cx=006748068166572874491%3A55ez0c3j3ey) This
customized search engine within Google searches across hundreds of IGO Web sites
simultaneously. It is a project of the International Documents Taskforce of the American Library
Association's Government Documents Roundtable (ALA GODORT).

Non-governmental Organizations Search
(http://www.google.com/cse/home?cx=012681683249965267634%3Aq4g16p05-ao). Also a
project of the ALA GODORT International Documents Taskforce, this Google-driven search
engine searches across selected NGO Web sites.

c. Periodicals

Periodical articles are particularly useful in researching current issues regarding international
organizations. In addition, articles can provide useful overviews of the subject as well as citations to
relevant primary and secondary sources. Numerous tools index periodicals containing articles about
international organizations. In addition, selected full-text periodicals are now available on the Web.
5
ASIL Insights Online is also available both on the ASIL Web site (http://www.asil.org/insights)
and as a free email service. Concise, unbiased essays outline the international law issues behind
current events.

International Organization (http://journals.cambridge.org/action/displayJournal?jid=INO)
Currently published by the Cambridge University Press on behalf of the International
Organization Foundation. The site provides tables of contents and abstracts for issues from 1947
(volume 1) to present. Full-text access is provided to subscribers, while non-subscribers can
purchase access on a per-article basis. In addition, the site allows readers to register for free email
delivery of the tables of contents. Additional full-text articles are available on Westlaw from 1983
(INOG database).

Journal of International Affairs (http://jia.sipa.columbia.edu/) Published by the School of
International & Public Affairs at Columbia University. Selected articles are available in full text
on the JIA site. Full-text articles are available on Westlaw beginning in 2000 (JIAF database).

International Legal Materials (http://www.asil.org/resources/international-legal-materials) Along
with the full texts of important treaties and agreements, judicial and arbitral decisions, and
national legislation, International Legal Materials (ILM) provides the text of selected international
organizations' resolutions and other documents. Available on Lexis beginning with volume 1
(1962) in the INTLAW/ILM file. Selected coverage in Westlaw begins with volume 19 (1980) in
the ILM database. Westlaw also provides indexing of ILM from 1962 to present in the
International Legal Materials Cumulative Index (ILM- INDX database). View the tables of
contents for all back issues and purchase individual articles at JSTOR
(http://www.jstor.org/action/showPublication?journalCode=amerjintelaw).

d. Periodical Indexes

Index to Legal Periodicals & Books (http://www.ebscohost.com/academic/index-to-legal-
periodicals-and-books-full-text) The Index to Legal Periodicals & Books (ILP) (H.W. Wilson
Co.) is a subscription index providing citations to articles in legal periodicals covering all areas of
jurisprudence, including international law. ILP includes records for periodicals back to 1982 plus
the full text of over 325 periodicals dating back to 1994. Subscribers to the ILP Retrospective have
access to records from 1908 to 1981.

Relevant subject headings in ILP include: INTERNATIONAL ORGANIZATION, NON-
GOVERNMENTAL ORGANIZATIONS and individual agency name, e.g. UNITED
NATIONS or WORLD TRADE ORGANIZATION.
6
.

Index to Foreign Legal Periodicals (http://www.law.berkeley.edu/library/iflp/) The Index to
Foreign Legal Periodicals (IFLP) (University of California Press for the American Association of
Law Libraries), indexes legal periodicals covering international law (public and private),
comparative law, and municipal law of countries other than the United States, United Kingdom,
Canada and Australia. Published in print since 1960, the IFLP is available from 1985 online
through Hein Online.
Relevant subject headings in IFLP include INTERNATIONAL ORGANIZATIONS,

NONGOVERNMENTAL ORGANIZATIONS, and individual agency name, e.g.,
ORGANIZATION OF AFRICAN UNITY or UNITED NATIONS.

LegalTrac/LRI (http://titlelist.galegroup.com/titlelist/LT/pdf)

LegalTrac/Legal Resource Index (LRI) (Gale Group) indexes over 800 English language legal
periodicals with coverage back to the late 1970s. Although this subscription service mostly provides
bibliographic information and some abstracts, the database also includes selected full-text articles.
It is available in CD-ROM and on the Web under the title LegalTrac. Online, LRI can be found
on LEXIS (LAWREV/LGLIND) and WESTLAW (LRI) if the subscriber also subscribes to the
CD- ROM or Web version.

Relevant subject headings in LegalTrac/LRI include: INTERNATIONAL AGENCIES,
INTERNATIONAL OFFICIALS AND EMPLOYEES, INTERNATIONAL
ORGANIZATION, NON-GOVERNMENTAL ORGANIZATIONS, and UNITED
NATIONS.

PAIS International (http://www.proquest.com/en-US/catalogs/databases/detail/pais-set-c.shtml)

The Public Affairs Information Service (PAIS) International (CSA) indexes public policy
literature, including periodicals, books, government documents and reports, international agency
publications, and internet material in six languages. The references are in English, and many entries
include brief contents notes. PAIS International is available via subscription on ProQuest
(http://www.proquest.com/en-US/catalogs/databases/detail/pais-set-c.shtml). The Archives
database indexes materials dating back to 1915.

Relevant subject headings in PAIS International include INTERNATIONAL AGENCIES,
INTERNATIONAL ORGANIZATION, REGIONAL ORGANIZATIONS, and individual
agency name, e.g., INTERNATIONAL MARITIME ORGANIZATION or ASSOCIATION
OF SOUTH EAST ASIAN NATIONS.

7
.
e. Directories and Research Guides

Electronic Information System for International Law (EISIL) (the International
Organizations section is linked from http://www.eisil.org/)

EISIL links to primary documents, such as treaties and other international instruments.
Additional information is provided on each instrument, including print citations and relevant
dates. EISIL will also guide users to the "best sites" for certain topical areas or kinds of research:
Websites that have been examined by experts and measured against certain standards, such as
currency, stability, authenticity, and comprehensiveness. EISIL additionally provides links to
recommended research guides that assist researchers in exploring their topics of interest more
widely. The database is browseable through a broad framework of subject areas as well as

International Organizations Links (http://www.usip.org/publications/international-organizations)

This United States Institute of Peace site provides an alphabetical list of links to
international organizations.

Comprehensive List of IGOs (http://www.library.northwestern.edu/libraries-
collections/evanston- campus/government-information/international-documents/list-igos)

This Northwestern University resource provides an extensive list of links to all IGO Web sites
that the staff can find.
Inter-Governmental Organizations (IGOs) Research Guide

(http://guides.library.duke.edu/igo_guide)
This guide includes links to IGO-related statistics, documents, a select bibliography and a
customized IGO search engine.

NGO Links (http://www.ngo.org/links/)
Organized alphabetically and by broad subject.
Non-governmental Organizations Research Guide

(http://library.duke.edu/research/subject/guides/ngo_guide/)

This guide provides tips on searching for NGO publications as well as a selective list of some of
the larger and more influential NGOs focusing on either sustainable development, human rights,
or women in development. Also find a customized search engine for searching selected NGO
8
.
sites.

The Yearbook of International Organizations Online (http://www.uia.be/node/52)

In addition to providing directory information for thousands of international organizations, this
subscription database profiles each organization, including its purpose, history, publications,
personnel, technical and regional commissions, and consultative and working relationships with
other organizations (including hyperlinks to the entries for the other organizations). Its
publisher, the Union of International Associations (http://www.uia.be/), provides limited free
access to some of the databases and also provides a free IGO Search Engine
(http://www.uia.org/igosearch) facilitating access to the sites of over 3000 IGOs.
f. Additional Resources
ASIL International Organizations Interest Group (http://www.asil.org/community/international-

organizations)
This Interest Group strives to create a strong and mutually supportive group of scholars and
practitioners who seek common understanding of the evolving multilateral order.

The International Law in Brief blog (http://www.asil.org/blogs/ilib) from the American Society
of International Law provides analytical abstracts of significant documents reflective of the
broad, contemporary nature of international law, including many relevant to the work and
study of international organizations.

Columbia International Affairs Online (CIAO) (http://ciaonet.org/) A subscription database,
CIAO provides the full text of many international affairs publications, including an occasional
papers series from numerous NGOs.

INTL-DOC is an e-mail listserv designed to facilitate the exchange of information concerning
the publication and information dissemination policies of IGOs. Commercial and IGO
publishers as well as IGO depository liaisons all participate on INTL-DOC making it a valuable
resource for international document researchers and librarians. Currently, over 400 participants
from five continents participate in the INTL-DOC listserv. More information available at
http://www.ala.org/ala/godort/taskforces/internationaldocuments/intldoc.htm.

IV. Representative IGOs Online

Note: the IGOs listed here were selected as representative of different types of IGOs (regional,
9
.
topical, UN-related) and because they provide electronic access to their documents and other
publications; for access to additional IGO sites, please see the Union of International Associations'
IGO Search Engine (http://www.uia.be/s/or/en/igo).

a. Council of Europe (http://www.coe.int/)

The Council of Europe (CoE) was established in 1949 by the Statute of the Council of Europe .
Although its aims cover a broad array of European affairs, major areas of focus include the
protection of human rights and democracy, adherence to the rule of law, promotion of a European
identity, and development of solutions to societal problems. With current membership numbering
47 countries (including all European Union countries), the CoE produces a wide variety of
documents, many of which are available electronically.

The database of European treaties at http://conventions.coe.int provides a complete list of
treaties and a list of treaties by subject matter as well as allowing for searching by key word,
subject matter, date, or European Treaty Series number.

Committee of Ministers documents (treaties, decisions, declarations, resolutions,
recommendations, reports, speeches) at http://www.coe.int/T/CM/documentIndex_en.asp.

European Court of Human Rights (ECHR) materials (text of the European Convention on Human
Rights, rules of court, pending cases, list of recent judgments) at http://www.echr.coe.int/.

Human Rights Documentation database (HUDOC) at http://hudoc.echr.coe.int/ provides access
to the case law of the ECHR, the former European Commission of Human Rights, and the
Committee of Ministers.)

Commissioner for Human Rights at http://www.coe.int/en/web/commissioner/home provides
text of reports, opinions, recommendations, and other documents (speeches, addresses)

Parliamentary Assembly provides documents, reports of debates, adopted texts, and agendas

Congress of Local and Regional Authorities texts at
http://www.coe.int/t/congress/texts/adoptedTexts_en.asp provides access to adopted texts,
including draft conventions, recommendations, resolutions, opinions, and final declarations

The site of the Secretary General at http://www.coe.int/T/SECRETARYGENERAL/SG/
includes speeches, press releases, and reports

b. International Atomic Energy Agency (http://www.iaea.org/)

A specialized agency within the United Nations, the International Atomic Energy Association
10
.
(IAEA) serves as an intergovernmental forum for scientific and technical cooperation in the nuclear
field. Established in 1957 by the Statute of the International Atomic Energy Agency
(http://www.iaea.org/About/statute.html), the IAEA now has over 160 Member States. The IAEA
official Website provides the texts of the following materials:

General Conference - the highest policy-making body of the IAEA

International Conventions and Agreements
(http://www.iaea.org/Publications/Documents/Conventions/)

Information Circulars (http://www.iaea.org/Publications/Documents/Infcircs/)
Reports and Reviews (http://www.iaea.org/Publications/Reports/)
Periodicals (http://www.iaea.org/Publications/Magazines/) - includes (IAEA Bulletin,

IAEA Factsheets, ITER Newsletter, Nuclear Fusion Journal

Press Materials (http://www.iaea.org/newscenter) -including Director General statements,
press releases, daily news review, newsbriefs

c. North Atlantic Treaty Organisation (http://www.nato.int/)

The North Atlantic Treaty Organisation (NATO) is an alliance of Member States working
collectively to ensure joint security through political and military cooperation. The founding
agreement is the North Atlantic Treaty
(http://www.nato.int/cps/en/natolive/official_texts_17120.htm). NATO military personnel come
from all member countries. The NATO site includes:

Official Texts (http://www.nato.int/cps/en/natolive/official_texts.htm) - formal
agreements, ministerial communiques, key policy documents

Press Releases and other news at (http://www.nato.int/cps/en/natolive/news_room.htm)

d. United Nations (http://www.un.org/)

Because of its importance and size, this Guide devotes a separate chapter to the United Nations
(UN). The United Nations chapter (http://www.asil.org/sites/default/files/ERG_UN.pdf)
provides access points to the expansive UN system but also discusses specific areas such as
international law and treaties. The chapter pinpoints Web resources developed by various UN
organs such as UN Commission on International Trade Law (UNCITRAL) and UN High
Commissioner for Refugees (UNHCR). In addition, the chapter provides links to research guides
11
.
developed at Yale, Stanford, Harvard and other institutions. Finally, the chapter identifies various
commercial online or CD-ROM sources for UN materials.

e. World Trade Organization (http://www.wto.org/)

The World Trade Organization (WTO) deals with the global rules of trade between nations.
Created in 1995 by the Agreement Establishing the World Trade Organization
(http://www.wto.org/english/docs_e/legal_e/final_e.htm), the WTO is the successor to the
General Agreement on Tariffs and Trade (GATT) and supports the multilateral trading system
established under the GATT. The WTO Website provides extensive coverage of its
documentation at the following access points:

Official Documents at http://www.wto.org/english/docs_e/docs_e.htm including the Agreement
Establishing the WTO and over 100,000 other official documents.

Documents Online at https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S005.aspx provides a
searchable and browsable database of the official documentation of the WTO from 1995 to present
along with selected material from 1986-1994. Documents are available in both PDF and Word.
The Documents Online database includes a descriptive bibliographic record for every document.

Panel and Appellate Body Reports are downloadable in PDF or Word at
http://www.wto.org/english/tratop_e/dispu_e/distab_e.htm

V. Representative NGOs Online

Note: the NGOs listed here were selected as representative of the many NGOs existing
(addressing issues such as health, environment, humanitarian aid, poverty, and human rights) and
because they provide good electronic access to their documents and other publications (e.g.,
treaties on a specific topic). The NGO Global Network provides a list of NGOs associated with
the United Nations at http://www.ngo.org/links/.

a. Amnesty International (http://www.amnesty.org/)

Amnesty International (AI) works to promote human rights as set forth in the Universal
Declaration of Human Rights and other international human rights documents. Their work
focuses on freeing prisoners of conscience, abolishing the death penalty and torture, ensuring fair
and prompt trials for political prisoners, and "disappearances" and political executions. The site
provides access to Annual Reports, News Releases, and research documents searchable by content
type, topic, region/country, or resource type.
12
.

b. CARE (http://www.care.org)

Created in 1945 to provide emergency assistance in Europe, CARE International delivers relief
assistance and works to end global poverty through sustainable development. The CARE
Newsroom (http://www.careusa.org/newsroom/) serves as a central site for access to a variety of
publications, including:

Current Press Releases linked from http://www.care.org/newsroom/index.asp?

Annual Reports
(http://www.care.org/newsroom/publications/annualreports/index.asp)
http://www.care.org/newsroom/publications
(http://www.care.org/features/specialreports.asp)

c. International Campaign to Ban Landmines (http://www.icbl.org/)

Winner of the 1997 Nobel Peace Prize, the International Campaign to Ban Landmines (ICBL)
works toward a ban on the use of antipersonnel landmines and cluster munitions worldwide. The
organization works toward universal adoption of both the Mine Ban Treaty and the Clusters
Munition Convention. In addition, the ICBL advocates for increased resources for victim
assistance and demining operations. The ICBL provides excellent access to ICBL publications as
well as the text or citation information for many documents on landmines:

The Treaties page (http://www.icbl.org/index.php/icbl/Treaties) provides access to the full text of
both international agreements in multiple languages. Records of the Meetings of the States
Parties to the Mine Ban Treaty are available at http://www.icbl.org/en-gb/the-treaty/treaty-
meetings/meetings-of-states-parties.aspx. The Signatories to the Cluster Munitions Convention
are listed at http://www.stopclustermunitions.org/en-gb/the-treaty/treaty-status.aspx.

The Landmine and Cluster Munition Monitor (http://www.the-monitor.org/index.php)
produces several research products including the annual Landmine Monitor and Cluster
Munition reports, as well as factsheets and maps.

d. International Committee of the Red Cross (http://www.icrc.org/)

Established in 1863, the International Committee of the Red Cross (ICRC) serves a humanitarian
mission to protect the lives and dignity of victims of war and internal violence and to provide
13
.
them with assistance. Although listed here as an NGO, the ICRC has entered into agreements
with more than 50 nations recognizing the ICRC as an international legal entity and granting it
the privileges and immunities normally enjoyed by IGOs.

The War and Law pages (https://www.icrc.org/en/war-and-law) discuss international
humanitarian law and the work of the ICRC.

IHL Database (http://www.icrc.org/ihl) provides access to the text of treaties and documents as well
as information regarding signatories and parties.

National Implementation Database at http://www.icrc.org/ihl-nat includes data on
the implementation of humanitarian law at the national level.

International Review of the Red Cross (http://www.icrc.org/eng/review) quarterly journal on
international humanitarian law and policy.

e. World Wildlife Federation (http://www.panda.org)

Founded in 1961, the World Wildlife Federation (WWF) works to halt the degradation of the
environment by conserving biodiversity, ensuring the use of renewable and sustainable natural
resources, and promoting the reduction of pollution and wasteful consumption. WWF’s
Website provides access to a variety of materials, including:

Publications & Resource Materials (reports, studies, status updates)
at http://wwf.panda.org/about_our_earth/all_publications/

News (news stories, press releases, features) at http://www.panda.org/wwf_news/

*
Anne Burnett is the Foreign & International Law Librarian at the University of Georgia School of
Law and teaches courses in International Legal Research and Advanced Legal Research.

She earned a B.A. degree from the University of Nevada, a J.D. degree from the University of
Georgia School of Law, and an M.L.I.S. degree from the University of Texas at Austin. Prior to
returning to the University of Georgia, she was a reference librarian at the University of Arkansas
Law Library, deputy legislative counsel for the Nevada legislature, and a judicial law clerk in Reno,
Nevada. While a law student, she served as Editor-in-Chief of the Georgia Journal of International &
Comparative Law. She is admitted to the state bars of California and Nevada, and she is a member
of the American Association of Law Libraries, the American Bar Association, and the American
Society of International Law.
14
e-RG
I nternational Piracy
D ouglas Guilfoyle *

This page was last updated July 31, 2014.

T
his electronic resource guide, often called the ERG, has been
published online by the American Society of International Law
(ASIL) since 1997. Since then it has been systematically
updated and continuously expanded. The chapter format of the
ERG is designed to be used by students, teachers, practitioners and
researchers as a self-guided tour of relevant, quality, up-to-date online
resources covering important areas of international law. The ERG also
serves as a ready-made teaching tool at graduate and undergraduate
levels.
The narrative format of the ERG is complemented and

augmented by EISIL (Electronic Information System for International
Law), a free online database that organizes and provides links to, and
useful information on, web resources from the full spectrum of
international law. EISIL's subject-organized format and expert-
provided content also enhances its potential as teaching tool.
2


I. Introduction
II. Historical Context
III. Treaties
IV. United Nations
V. International Maritime Organization
VI. National Legislation
VII. National Court Decisions
VIII. Contact Group on Piracy off the Coast of Somalia
IX. Oceans Beyond Piracy
X. International Chamber of Shipping
XI. International Chamber of Commerce
XII. ReCAAP
XIII. Other Documents
I. Introduction
The phenomenon of high seas piracy in the twenty-first century has produced a voluminous
literature in a short period. Nonetheless, a number of key phases and trends can be identified. In
the period 2004–2006 the major cause of concern for maritime piracy was in the Straits of
Malacca and Singapore between Indonesia, Malaysia and Singapore. A number of factors
contributed to the decline of piracy in this region thereafter. These included the Boxing Day
tsunami of 2004 (credited with destroying many of the small craft local pirates relied upon),
3


peace in Aceh province and an increase in law-enforcement cooperation among the affected
littoral states encouraged by the International Maritime Organization. Much of the “piracy” in
this region actually occurs within territorial waters and is not therefore piracy in the strict
international law sense.
From 2003-2004 onward, there was a significant increase in pirate attacks off Somalia. This form
of piracy focused on hijacking vessels and holding the crews to ransom. The boom in Somali
hostage-taking piracy resulted from several factors: the development of an efficient business
model and supportive local infrastructure; a collapse in government and policing in Puntland, the
region of Somalia where most piracy is based; and a shift towards the use of mother ships
allowing Somali pirates to attack further out to sea.1 This generated an unprecedented
international response, seeing the deployment of numerous national and multinational naval
missions to the region. The activities of Somali pirates, however, also proved highly adaptable.
As the Gulf of Aden became better patrolled, Somali pirates proved themselves capable of
capturing vessels far out into the Indian Ocean instead. Successful Somali pirate attacks rapidly
escalated in 2009 before dramatically declining over the course of 2012 to reach negligible levels
in 2013.
This rise and fall is attributable to a number of factors. International cooperation in response to
Somali piracy has been remarkable. A variety of national and multinational missions patrol the
high risk waters of the Indian Ocean, including missions organized under NATO and European
Union. These efforts are informally coordinated by a number of processes, most prominently the
multi-naval shared awareness and deconfliction (SHADE) meetings. Well-documented roles
have also been played in the region by the Contact Group on Piracy off the Coast of Somalia, the
United Nations Office on Drugs and Crime and the International Maritime Organization – among
many others – in building coastal state law enforcement and prosecution capacity. Such efforts
have increasingly led to direct engagement with the government of Somalia and authorities in
various territorial entities within Somalia (principally Puntland and Somaliland). This probably
represents the most concerted international effort to stabilize the country since the collapse of the
Barre regime in 1991. A series of Security Council resolutions (stretching from resolution 1814
in 2008 to resolution 2125 in 2013) has provided a backdrop to these efforts. These resolutions
have, inter alia, provided the legal basis for counter-piracy operations within Somalia’s territorial
sea and within its land territory.

1
See: D. Guilfoyle, Somali Pirates as Agents of Change in International Law-making and Organisation, 1(3)
Cambridge Journal of International and Comparative Law 81, 84 (2012).
4


Nonetheless, perhaps one of the most effective measures in curtailing the success of Somali
pirates has been improved shipboard security. This has been promoted through the shipping
industry itself with the cooperation of various other actors including the International Maritime
organization. Measures to enhance shipboard security have principally taken the form of a
document called Best Management Practices2 which provides guidance on the means of making
a ship more resistant to pirate attack. A related, and controversial, development has been the
increasing use of private contracted armed security personnel to guard against pirate attack and
(less frequently) the deployment of marines by a flag State to serve as Vessel Protection
Detachments (VPDs). The use of VPDs sparked a major incident between India and Italy in the
Enrica Lexie incident of 2012 when Italian marines shot Indian fishermen, having mistaken them
for pirates.
With the relative decline of Somali piracy since 2012, there has been increasing interest in
maritime violence and piracy off West Africa and particularly Nigeria. However, much of this
activity occurs either in territorial waters or internal waters and is therefore not strictly piracy as
defined by international law. The origins of much of maritime violence in the Gulf of Guinea lie
with various insurgent and secessionist movements in Nigeria, and usually involve stealing
cargoes from oil tankers rather than ransoming crews as hostages. (However, two Americans
were kidnapped off the coast of Nigeria from an oil platform supply vessel in 2013.)
A lively debate has also resurfaced in the literature as to whether political protestors can ever be
considered “pirates”. This was particularly prompted by the holding in Cetacean Research
Institute v. Sea Shepherd Conservation Society3 that violent actions on the high seas directed
from one vessel against another can constitute piracy irrespective of motive.
II. Historical Context
One of the difficulties in discussing the history of the law of piracy is the lack of consistency in
the use of the term, a question comprehensively studied by Alfred Rubin.4 In short, there is little

2
BMP 4: Best Management Practices for Protection Against Somali Based Piracy (2011), available at
http://www.mschoa.org/docs/public-documents/bmp4_low_res_sep_5_2011.pdf.
3
United States Court of Appeals for the Ninth Circuit, No. 12-35266, Amended Opinion of May 24, 2013, 107 AJIL
666 (2013), http://cdn.ca9.uscourts.gov/datastore/general/2013/05/24/12-35266_Amended_Opinion.pdf.
4
Alfred P. Rubin, The Law of Piracy, revised 2nd ed., Brill (1998). The first edition was published in 1988 as
volume 63 of the U.S. Naval War College International Law Studies, available at http://usnwc.edu/Research---
Gaming/International-Law/New-International-Law-Studies-(Blue-Book)-Series/International-Law-Blue-Book-
5


consistency among the sources as to whether the term pirate is being used: as a mere term of
rhetorical condemnation; to distinguish other legal categories (such as privateers or insurgents);
to refer to a crime at international law; or to refer to a crime at national or municipal law.
At the beginning of the twenty-first century piracy is best considered a national law crime for
which international law provides a permissive rule of jurisdiction. Certainly, the response to
Somali piracy has been one of prosecution before national courts under modern statutory
enactments. There has been no serious attempt to establish an international piracy tribunal. There
has been some judicial interest at the national level in enquiring into the meaning of piracy at
international law if only to examine the compatibility of national laws and prosecutions with the
provisions of UNCLOS.5 However, it appears generally accepted that the function of the
international law of piracy is now to permit prosecutions by forum States lacking any
conventional nexus to the crime rather than to directly criminalize conduct under international
law in the manner of, for example, war crimes.
Historically, the picture is much more confused. Many treatments of the subject tend to conflate
very distinct historical époques and practices without appreciating that the concept of piracy may
have different meanings in different times or places. For example, while Cicero is often quoted
for the proposition that “pirates are the enemy of all mankind” it is quite clear that in ancient
Rome piracy was not a crime per se. It was, rather, a special branch of the laws of war. Similarly,
the meaning of piracy in the 17th, 18th and 19th centuries was bound up in very different ways
with the laws of war. Broadly, the question was one of state sanction. At a time before States
generally had large standing navies, it was convenient for major powers to have a body of
licensed privateers that they could incorporate into navies in times of war. Thus, a privateer was
a state-licensed actor. It was a defense to a charge of robbery on the high seas (piracy) that one
held a valid commission from a State (see, for example, US v. Hutchings6 and US v. Klintock).7
Codification efforts in the twentieth century were intended to impose some sort of order on the
chaos caused by divergent expert opinion and the lack of jurisprudence resulting from the

Articles.aspx?Volume=63 and http://archive.org/details/lawofpiracy63rubi.
5
For example in US v. Ali, 718 F.3d 929 (D.C. Cir. 2013), the court held that the US assertion of jurisdiction over
those who aid and abet piracy from within a State’s territorial jurisdiction is permissible as it falls within the
universal jurisdiction over acts of “intentionally facilitating” piracy granted under Art. 101(c), UNCLOS, available
at http://www.cadc.uscourts.gov/internet/opinions.nsf/16778EF07896FFB085257B8700507F47/$file/12-3056-
1440653.pdf.
6
Brunner, Col. Cas. 489; 2 Wheeler, Cr. Cas. 543 (Circuit Court of Virginia, 1817).
7
18 U.S. 144 (1820), available at http://supreme.justia.com/cases/federal/us/18/144/case.html.
6


relatively few piracy cases decided before national courts. Broadly, this codification effort
involved three phases. First, the League of Nations Committee of Experts for the Progressive
Codification of International Law examined the question in 1926. Ambassador Matsuda prepared
a brief set of draft articles (lacking footnotes or scholarly references) for discussion, which
provoked numerous government responses and a brief debate in and report from the Committee
of Experts itself, before the topic was dropped as not being of sufficient practical interest. The
report nonetheless had an influence on the Harvard Research in International Law draft
convention on piracy in 1932 (accompanied by a voluminous commentary consisting in the main
of extensive quotes from commentators and primary sources).
The Harvard Research in turn influenced the International Law Commission’s draft articles on
the high seas, initially produced by special rapporteur J.P.A. François. These draft articles were
largely reproduced in first the Geneva Convention on the High Seas 1958 and then the UN
Convention on the Law of the Sea 1982. While the latter is now generally accepted as stating the
applicable customary international law as regards both the definition of piracy and the extent of
permissible action by States to repress it, looking to the work of the ILC (or the Harvard
Research, or the League of Nations) for the original meaning of the terms used may often be an
exercise in frustration because the intended meaning of the key terms may vary between
codifiers. That is, it is not always apparent that each successive codification effort fully
appreciated the intentions of previous codifiers or the choices or distinctions made. Any
codification effort, in particular, has to be understood against the legal controversies of the day
which obviously vary greatly over time. Nonetheless, any historical analysis of the treaty texts
usually begins with these sources.
III. Treaties
Several treaties with wide international acceptance have relevance to piracy:
International Convention against the Taking of Hostages (1979)
http://www.un.org/en/sc/ctc/docs/conventions/Conv5.pdf
UN Convention on the Law of the Sea (1982), articles 58(2), 100-107, 110
http://www.un.org/depts/los/convention_agreements/convention_overview_conventio
n.htm
7


Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation (1988) and its 2005 Protocol
http://www.un.org/en/sc/ctc/docs/conventions/Conv8.pdf
The consolidated text of the 1988 SUA Convention as modified by the 2005 Protocol
is available at:
https://www.unodc.org/tldb/en/2005_Cons_Version_Conv_and_Prot_Maritime_Navi
gation.html
IV. United Nations
Unless otherwise noted, all documents in this section may be found at:
http://www.un.org/depts/los/piracy/piracy_documents.htm
A. Security Council Resolutions
Since 2008, the UN Security Council has adopted a number of resolutions that relate
to international piracy. The most relevant resolutions: (Note – Resolutions 2018 and
2039 address piracy in the Gulf of Guinea; the remainder deal with piracy off the
coast of Somalia)
1816 2 Jun 2008
1838 7 Oct 2008
1846 2 Dec 2008
1851 16 Dec 2008
1897 30 Nov 2009
1918 27 Apr 2010
1950 23 Nov 2010
1976 11 Apr 2011
2015 24 Oct 2011
8


2018 31 Oct 2011
2020 22 Nov 2011
2039 29 Feb 2012
2077 21 Nov 2012
2125 18 Nov 2013*
* http://www.un.org/en/sc/documents/resolutions/2012.shtml
B. Statements of the UN Security Council President:
S/PRST/2010/16 25 Aug 2010*
S/PRST/2012/24 19 Nov 2012
* http://un.org/en/sc/documents/statements/2010.shtml
C. Letters from the UN Secretary-General to the Security Council:
S/2011/30 25 Jan 2011
Attachment: Report of the Special Adviser to the Secretary-General
on Legal Issues Related to Piracy off the Coast of Somalia
S/2012/45 19 Jan 2012
Attachment: Report of the United Nations Assessment Mission on Piracy in the
Gulf of Guinea
S/2012/177 26 Mar 2012
9


Attachment: Compilation of Information from Member States on
Measures They Have Taken to Criminalize Piracy
D. Reports of the UN Secretary-General:
S/2010/394 26 Jul 2010
S/2010/556 27 Oct 2010
S/2011/360 15 Jun 2011
S/2011/662 25 Oct 2011
S/2012/50 20 Jan 2012
S/2012/783 22 Oct 2012*
S/2013/623 21 Oct 2013
* http://www.un.org/en/sc/documents/sgreports/2012.shtml
V. International Maritime Organization
Piracy and Armed Robbery against Ships
Unless otherwise noted, all documents in this section may be found at:
http://www.imo.org/OurWork/Security/PiracyArmedRobbery/Pages/Default.aspx
A. General Guidance
MSC.1/Circ.1233 15 Jun 2007
CL2933 23 Dec 2008
10


MSC.1/Circ.1302 16 Apr 2009
MSC.1/Circ.1332 16 Jun 2009
MSC.1/Circ.1334 23 Jun 2009
MSC.1/Circ.1333 26 Jun 2009
SN.1/Circ.281 3 Aug 2009
Res.A.1025(26) 18 Jan 2010
MSC.1/Circ.1390 9 Dec 2010
CL3164 14 Feb. 2011
CL3180 17 May 2011*
Res.MSC.324(89) 20 May 2011
MSC.1/Circ.1404 23 May 2011
MSC.1/Circ.1339 14 Sep 2011
Res.A.1044(27) 20 Dec 2011
MSC.1/Circ.1444 25 May 2012
CL3394 15 Aug 2013
* http://www.un.org/depts./los/piracy/circular_letter_3180.pdf
B. Private Armed Security
Circulars of the Maritime Safety Committee providing interim guidance on the use of
privately contracted armed security personnel:
MSC-FAL.1/Circ.2 22 Sep 2011
MSC.1/Circ.1405/Rev.2 25 May 2012
MSC.1/Circ.1406/Rev.2 25 May 2012
11


MSC.1/Circ.1408/Rev.1 25 May 2012
MSC.1/Circ.1443 25 May 2012
Responses by States to questionnaire on requirements related to privately contracted

armed security personnel.
C. Long-Range Identification and Tracking (LRIT) Information Distribution

Facility (IDF)
A secure satellite-based system for tracking ships.
D. Piracy Reports
Monthly reports on acts of piracy and armed robbery against ships.
E. Djibouti Code of Conduct
Code of Conduct Concerning the Repression of Piracy and Armed Robbery

against Ships in the Western Indian Ocean and the Gulf of Aden; adopted 29 Jan
2009.
F. Code of Conduct for West and Central Africa
Code of Conduct concerning the prevention of piracy, armed robbery against

ships and illicit maritime activity; adopted 25 Jun 2013.
VI. National Legislation
For a database on national legislation maintained by the United Nations Division for
Ocean Affairs and the Law of the Sea, see:
http://www.un.org/depts/los/piracy/piracy_national_legislation.htm
12


VII. National Court Decisions
The United Nations Interregional Crime and Justice Research Institute (UNICRI)
maintains a database on maritime piracy cases in domestic courts:
http://www.unicri.it/
VIII. Contact Group on Piracy off the Coast of Somalia
The CGPCS was established 14 Jan 2009 pursuant to UN Security Council

Resolution 1851 to coordinate actions to prevent piracy off the coast of Somalia. It
includes over 60 countries and organizations.
http://www.thecgpcs.org/
See the New York Declaration, signed by members of the CGPCS 9 Sep 2009.
IX. Oceans Beyond Piracy
OBP is a project of the One Earth Future Foundation, a non-profit organization in the
United States. It seeks to develop a response to maritime piracy through stakeholder
involvement.
http://oceansbeyondpiracy.org/
X. International Chamber of Shipping
An international trade association for merchant ship owners and operators.
http://www.ics-shipping.org/
XI. International Chamber of Commerce
13


The ICC’s Commercial Crime Services (CCS) includes the International Maritime
Bureau, which manages the IMB Piracy Reporting Centre.
http://www.icc-ccs.org/piracy-reporting-centre
XII. ReCAAP
The roles of the Regional Cooperation Agreement on Combating Piracy and Armed
Robbery against Ships in Asia (ReCAAP) Information Sharing Centre, Singapore,
include exchanging information among Contracting Parties on incidents of piracy and
armed robbery as well as support for capacity building efforts of Contracting Parties
and for cooperative arrangements.
http://www.recaap.org
XIII. Other Documents
Council of Europe Parliamentary Assembly Resolution 1722, adopted 28 Apr 2010:

Piracy – A Crime and a Challenge to Democracies
http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta10/ERES1722.ht
m
House of Commons Foreign Affairs Committee Report on Piracy off the Coast of
Somalia, 20 Dec 2011
http://www.publications.parliament.uk/pa/cm201012/cmselect/cmfaff/1318/1318.pdf
Second Istanbul Conference on Somalia Final Declaration, issued 1 June 2012
http://mfa.gov.tr/the-second-instanbul--conference-on-somalia_-final-declaration_-1-
June-2012_-istanbul.en.mfa
14


Final Statement of the Second High-Level Public-Private Counter-Piracy Conference,

issued in Dubai 28 Jun 2012
http://piracy-law.com/2012/06/29/in-brief-second-international-counter-piracy-
conference-concludes-in-dubai/
Last updated July 2014

*
Douglas Guilfoyle is a Reader in Law at the Faculty of Laws,
University College London where he teaches public international law,
the international law of the sea and international criminal law. He is the
author of Shipping Interdiction and the Law of the Sea (Cambridge
University Press 2009) and numerous articles on maritime security and
law enforcement, naval warfare and Somali piracy. He has acted as a
consultant on piracy issues to the Contact Group on Piracy off the Coast
of Somalia (Working Group 2), the Foreign Affairs Committee of the
House of Commons and the UN Office on Drugs and Crime. He holds a
PhD and LLM from the University of Cambridge, where he was a Gates
Scholar, and undergraduate degrees in law and history from the
Australian National University. Prior to graduate study he worked as a
litigation solicitor and as a judge’s associate in Australia.
15

e-RG
Law of the Sea

Barbara Bean*
Updated April 27, 2015


T

format and expert-provided content also enhances its potential as a teaching tool.
I. Introduction
2


II. Brief History

III. Global Treaties
A. United Nations Convention on the Law of the Sea (UNCLOS)
B. 1994 Implementation Agreement
C. 1995 Fish Stocks Agreement
IV. Preparatory Work
A. International Law Commission
B. Law of the Sea Conferences
V. Sources of Treaties and International Agreements
VI. International Organizations
VII. Case Law/Settlement of Disputes
VIII. Conservation and Management of the Living Resources of the High Seas
A. International Law Commission International Agreements
B. Preparatory Work
C. International Organizations
D. Regional Fishery Management Organizations
IX. Regional Seas
X. Zones of the Sea
A. Specialized Bodies Created by UNCLOS
B. National Laws
A. Online catalogs
B. Treatises and yearbooks
C. Legal periodicals
D. Legal periodical indexes
E. Free sources of scholarly articles
F. Research guides
G. Current Awareness
I. INTRODUCTION
3


This chapter of the ASIL Guide to Electronic Resources for International Law provides a guide to the
electronic resources available to research the law of the sea. The types of resources covered emphasize
internet sites, but also include library catalogs and on-line subscription and commercial services. The
emphasis here is on English-language sources. General search strategies for conducting research in
this area are included in Section XI.
II. BRIEF HISTORY
For centuries, the law of sea was based on the concept of freedom of the seas, with nations' control
of the oceans limited to narrow bands adjacent to their coasts. It was primarily based on customary
law; international agreements were likely to involve a small number of states or cover a particular
region. By the middle of the twentieth century, as the nations increased their capability to engage in
long range fishing and commercial extraction, concerns arose about pollution and the exhaustibility
of ocean resources. In addition, the concept of freedom of the seas was eroding, as many nations had
asserted sovereignty over wider areas, claiming rights to the resources of the continental shelf and the
water above. It became necessary to develop a treaty-based regime for ocean governance. A series of
United Nations conferences on the law of the sea, convened in 1958, 1960 and 1973-1982,
produced a number of treaty agreements and the Third Conference culminated in the adoption in
1982 of a comprehensive treaty instrument, the United Nations Convention on the Law of Sea.
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) creates a comprehensive
regime governing the rights of nations with respect to the world's oceans. The convention addresses
a number of topics, including economic zones of the sea, the continental shelf, rights to the deep
seabed, navigational rights in territorial and high seas, conservation and management of the living
resources of the sea, protection and preservation of the marine environment, and others. Procedures
for the resolution of disputes are included. The convention is comprised of 320 articles and nine
annexes. In addition, two other agreements that supplement UNCLOS have been adopted: The
Agreement Relating to the Implementation of Part XI of the United Nations Convention on the
Law of the Sea of 10 December 1982 and The United Nations Agreement for the Implementation
of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982
Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks.
In addition to the global agreements, ocean law is controlled by a number of regional and specialized
treaty instruments, covering topics such as the peaceful use of the sea, maritime space, conservation
and management of living resources, protection of the marine environment, communications, illegal
activities and the governance of regional seas.
III. GLOBAL TREATIES
A. United Nations Convention on the Law of the Sea (UNCLOS)
4


(http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf)
The Convention is comprised of the following eighteen Parts (containing 320 articles) and nine
Annexes (containing 125 articles).
● Part I. - Introduction: Use of Terms and Scope

● Part II. - Territorial Sea and Contiguous Zone
● Part III. - Straits Used for International Navigation
● Part IV. - Archipelagic States
● Part V. - Exclusive Economic Zone
● Part VI. - Continental Shelf
● Part VII. - High Seas (including Conservation and Management of the Living
Resources of the High Seas)
● Part VIII. - Regime of Islands
● Part IX. - Enclosed or Semi-enclosed Seas
● Part X. - Right of Access of Land-locked States to and from the Sea and Freedom
of Transit
● Part XI. - The Area
● Part XII. - Protection and Preservation of the Marine Environment
● Part XIII. - Marine Scientific Research
● Part XIV. - Development and transfer of Marine Technology
● Part XV. - Settlement of Disputes
● Part XVI. - General Provisions
● Part XVII. - Final Provisions
● Annex I. - Highly Migratory Species
● Annex II. - Commission on the Limits of the Continental Shelf
● Annex III. - Basic Conditions of Prospecting, Exploration and Exploitation
● Annex IV. - Statute of the Enterprise
● Annex V. - Conciliation
● Annex VI. - Statute of the International Tribunal for the Law of the Sea
● Annex VII. - Arbitration
● Annex VIII. - Special Arbitration
● Annex IX. - Participation by International Organizations
Two additional Agreements, concluded in 1994 and 1995, have as their aim the implementation of
certain provisions of UNCLOS and are subject to the dispute settlement provisions of UNCLOS.
B. Agreement Relating to the Implementation of Part XI of the United Nations

Convention on the Law of the Sea of 10 December 1982
(http://treaties.un.org/doc/Publication/UNTS/Volume%201836/volume-1836-I-31364-
5


English.pdf)
C. Agreement for the Implementation of the Provisions of the United Nations

Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (the
“1995 Fish Stocks Agreement”)
(http://www.un.org/Depts/los/convention_agreements/convention_overview_fish_stocks.ht
m).
Additional information about the procedural history of the Convention and additional
agreements may be found in the Historic Archives section of the United Nations Audiovisual
Library of International Law. Materials about legal instruments covered in the Historic
Archives section include an introduction to the instrument by an international law scholar or
practitioner with special expertise on the subject, information on its procedural history and
related documents, as well as the text and status of the instrument. It is accompanied by
audiovisual materials, as available, relating to the negotiation and adoption of the instrument
at meetings or diplomatic conferences. http://www.un.org/law/avl/
IV. PREPARATORY WORK
A. International Law Commission (http://www.un.org/law/ilc/index.htm). The International Law

Commission (ILC), created in 1948, was charged with advancing the codification of international
law. The Commission selected the regimes of the high seas and the territorial sea as topics for high
priority. The ILC website, under the Topic “Law of International Spaces”, provides access to the full
text of final drafts, reports, and conventions on topics selected for codification, including the regime
of the high seas and the regime of the territorial seas. Materials available on the ILC website include
analytical guides and summaries of the Commission’s work, reports adopted by the Commission, the
1958 treaty instruments concluded under the auspices of the United Nations on the basis of prior
drafts prepared by the Commission and the Official Records of the 1958 United Nations
Conference on the Law of the Sea. Materials related to the topic of Historic Waters and the related
topic of Transboundary Aquifers (considered by the Commission but discontinued) may also be
found on the website.
B. Law of the Sea Conferences
United Nations Diplomatic Conferences (http://www.un.org/law/diplomaticconferences/ ). This

website provides access to the official records of The United Nations diplomatic conferences
convoked by United Nations General Assembly resolution for the negotiation of treaties. Access to
records of the Law of the Sea Conferences is included. The collection of proceedings is searchable.
6


1958 United Nations Conference on the Law of the Sea (First Conference)
(http://www.un.org/law/diplomaticconferences/). The First United Nations Conference on the Law
of the Sea, convened in Geneva in 1958, focused on developing rules that addressed states’ rights
and duties with respect to zones of the seas – territorial seas, continental shelf and high seas.
Additional information about the 1958 Geneva Conventions on the Law of the Sea, including
procedural history and selected preparatory documents, may be found in the Historic Archives
section of the United Nations Audiovisual Library of International Law. http://www.un.org/law/avl/
The Conference produced four treaty agreements, with continuing relevance today:
• The Convention on the Territorial Sea and the Contiguous Zone (entered into force
on 10 September 1964)
http://www.ecolex.org/ecolex/ledge/view/RecordDetails;DIDPFDSIjsessionid=8C91
D93593B243ABFAB620BFA0DC89D1?id=TRE-000143&index=treaties
(available in English, Spanish and French)
• The Convention on the High Seas (entered into force on 30 September 1962)
http://www.ecolex.org/ecolex/ledge/view/RecordDetails;DIDPFDSIjsessionid=A3A4
F3A20319484F63E84908F778D494?id=TRE-000144&index=treaties
• The Convention on Fishing and Conservation of the Living Resources of the High
Seas (entered into force on 20 March 1966)
• The Convention on the Continental Shelf (entered into force on 10 June 1964)
• In addition, an Optional Protocol of Signature Concerning the Compulsory

Settlement of Disputes was adopted, which entered into force on 30 September
1962.
http://legal.un.org/ilc/texts/instruments/english/conventions/8_1_1958_optional_pr
otocol.pdf
7


1960 United Nations Conference on the Law of the Sea (Second Conference)
(http://legal.un.org/diplomaticconferences/lawofthesea-1960/lawofthesea-1960.html). The Second
United Nations Conference on the Law of the Sea convened to consider the topics of the breadth of
the territorial sea and fishery limits, which had not been agreed upon in the 1958 Conventions. No
new agreements were concluded at the Conference.
United Nations Conference on the Law of the Sea, 1973-1982 (Third Conference)
(http://legal.un.org/diplomaticconferences/lawofthesea-1982/lawofthesea-1982.html). Meeting in
eleven sessions held during the period 1973 – 1982, the Third United Nations Conference on the
Law of the Sea, on 10 December 1982, adopted the United Nations Convention on the Law of the
Sea. The United Nations Convention on the Law of the Sea entered into force twelve months after
the deposit of the sixtieth instrument of ratification, on 16 November 1994. Additional information
about the 1982 Convention on the Law of the Sea, including lectures, procedural history and
selected preparatory documents, may be found at the Audiovisual Library of International Law.
http://www.un.org/law/avl/
V. SOURCES OF TREATIES AND INTERNATIONAL AGREEMENTS
For additional guidance on conducting treaty research, it is helpful to consult a research guide.
Prepared by librarians, these guides provide an overview of the research process, as well as suggested
resources to conduct research. A guide to treaty research may be found at the Dag Hammarskjöld
Library at the United Nations (http://research.un.org/en/docs/law/treaties). Many law schools have
prepared excellent research guides as well, but the researcher should keep mind that references in
those guides to print resources are to those found in the law school’s own collection (although such
resources are typically widely held). With that caveat, an example is the Guide to Treaty Research
prepared and maintained by the librarians at Columbia Law School
(http://library.law.columbia.edu/guides/Guide_to_Treaty_Research).
United Nations Treaty Collection (http://treaties.un.org) This searchable database contains the
United Nations Treaty Series (UNTS) and League of Nations Treaty Series, the Multilateral Treaties
Deposited with the Secretary-General and other useful treaty-related resources. There are a number
of search options: the advanced search feature allows searching by type of agreement, date of
signature, place of conclusion, entry into force, names of the parties and other criteria.
The Multilaterals Project at the Fletcher School of Law & Diplomacy (http://fletcher.archive.tusm-
oit.org/multilaterals). This project made the full text of international conventions and other
instruments available electronically. The selective list of treaties dates back to 1899 and can be
searched by subject or chronologically. Although the site has been archived and is no longer
updated, the collection of Marine and Coastal conventions, dating back to 1911, can be found at
http://fletcher.archive.tusm-oit.org/multilaterals/marine.html
8


Center for International Earth Science Information Network (CIESIN) (http://www.ciesin.org).

CIESIN is part of Columbia University's Earth Institute. This center focuses on applying
information technology to interdisciplinary data, information, and research problems related to
human interactions in the environment. CIESIN's website contains the text of more than 140
international environmental agreements, including agreements relating to the use of the sea,
searchable through the Environmental Treaties and Resource Indicators (ENTRI) System.
(http://sedac.ciesin.columbia.edu/entri/index.jsp).
The Electronic Information System for International Law (EISIL) (www.eisil.org). EISIL is a
searchable database of links to international law information available on the Web, including
treaties. EISIL is developed and maintained by ASIL, and covers the entire field of international law.
EISIL's materials are arranged according to subject; treaties relating to the law of the sea may be
found in the International Environmental Law and International Air, Space and Water categories.
EISIL provides additional information about the treaties: such as legal citation, date of entry into
force, and a brief description of the scope and significance of each instrument.
HeinOnline (http://www.heinonline.org/). HeinOnline is a subscription database providing access

to PDF versions of treaties. The United Nations Treaty Series and League of Nations Treaty Series
are contained in the United Nations Law Collection. Treaties to which the United States is a party
may be found in the U.S. Treaties and Agreements library.
VI. INTERNATIONAL ORGANIZATIONS
United Nations Division for Ocean Affairs and the Law of the Sea (UNCLOS)
(http://www.un.org/Depts/los/index.htm). The Division serves as the secretariat of the United
Nations Convention on the Law of the Sea. The site provides access to the Convention and related
agreements, General Assembly reports and other documents, bodies established by the Convention,
dispute settlement materials, and links to ocean related materials.
UN Oceans (http://www.unoceans.org/). The Oceans and Coastal Areas Network (subsequently

named "UN-Oceans") was created to enhance cooperation and coordination among secretariats of
the international organizations concerned with ocean related activities. It is composed of the relevant
programs, entities and specialized agencies of the UN system and the secretariats of the relevant
international conventions, including the International Seabed Authority and the Convention on
Biological Diversity. The Inter-agency Activities page on the UN-Oceans website includes links to
the Atlas of the Oceans (http://www.oceansatlas.org/), the Global Programme of Action for the
Protection of the Marine Environment (http://www.gpa.unep.org/) and the International Coral Reef
Initiative (http://www.icriforum.org/).
International Maritime Organization (IMO) (http://www.imo.org). IMO is a specialized agency of

the United Nations responsible for improving maritime safety and preventing pollution from ships.
9


It serves as the repository for treaties related to maritime safety, marine pollution, liability and
compensation and other conventions dealing with shipping Summaries of and ratification
information about IMO conventions can be found at the IMO website; full texts are seldom
available and may often be located by using the UN treaty database or by navigating to the Maritime
Matters section of EISIL (http://www.eisil.org/index.php?sid=650785963&cat=51&t=sub_pages).
World Meteorological Organization (WMO) (http://www.wmo.ch) WMO is the specialized agency

of the United Nations for meteorology (weather, climate and water), operational hydrology and
related geophysical sciences. The WMO is charged with providing leadership in international
cooperation in weather, climate, hydrology, water resources and related environmental issues. Its
policy-making body, the World Meteorological Congress, meets every four years. The WMO's
Secretariat includes publication and distribution of WMO publications among its duties. The
WMO website includes WMO statements, long-term plans, and announcements.
Intergovernmental Oceanographic Commission of UNESCO (http://ioc-unesco.org/) The

Intergovernmental Oceanographic Commission (IOC) of UNESCO focuses on marine science and
provides member states of the United Nations with a mechanism for global cooperation in the study
of the ocean, through the sharing of knowledge, information and technology and through the
coordination of national programs. The site contains links to IOC activities in the areas of marine
environmental protection; fisheries and ecosystems; climate change; ocean observing and
monitoring; coastal area management; data and information management and disaster mitigation.
United Nations Environment Programme (UNEP) (http://www.unep.org/) UNEP is the designated

authority of the United Nations system in environmental issues at the global and regional level. Its
mandate is to act as a catalyst, advocate, educator and facilitator to promote the wise use and
sustainable development of the global environment. To accomplish this, UNEP works with a wide
range of partners, including United Nations entities, international organizations, national
governments, non-governmental organizations, the private sector and civil society.
UNEP activities in marine and coastal areas include the Global Programme of Action for the
Protection of the Marine Environment from Land Based Activities (http://www.gpa.unep.org/ ), the
Global International Waters Assessment (http://www.unep.org/dewa/giwa/), the Small Island
Developing States Network (http://www.sidsnet.org/), the International Coral Reef Action Network
(http://www.icran.org/), the World Conservation Monitoring Center (http://www.unep-
wcmc.org/), Earthwatch (http://www.earthwatch.org/), and the Regional Seas Programme
(http://www.unep.org/regionalseas/).
VII. CASE LAW/SETTLEMENT OF DISPUTES
The mechanism established by UNCLOS provides for four alternative means for the settlement of
disputes: the International Tribunal for the Law of the Sea, the International Court of Justice, an
10


arbitral tribunal constituted in accordance with Annex VII to the Convention, and a special arbitral
tribunal constituted in accordance with Annex VIII to the Convention.
A State Party is free to choose one or more of these means by a written declaration to be made under
article 287 of the Convention and deposited with the Secretary-General of the United Nations
(http://www.itlos.org/fileadmin/itlos/documents/basic_texts/298_declarations_June_2011_english.p
df).
If the parties to a dispute have not accepted the same settlement procedure, the dispute may be
submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree.
International Court of Justice (ICJ) (http://www.icj-cij.org/) The ICJ, also known as the World
Court, is located in The Hague, Netherlands. Established in 1945 to replace the Permanent Court of
International Justice, it is the principal judicial body of the United Nations. The Court is composed
of 15 judges and its role is to settle contentious cases (disputes between states) and give advisory
opinions (at the request of selected UN bodies). All ICJ judgments delivered since the Court’s
inception are listed, along with information on the background of the Court, its current docket,
procedures, jurisdiction, and rules.
International Tribunal for the Law of the Sea (ITLOS) (http://www.itlos.org/) Located in Hamburg,
Germany, the Tribunal is an independent judicial body established in 1994 by UNCLOS to
adjudicate disputes arising out of the interpretation and application of the Convention. The
Tribunal is composed of 21 independent members and is open to States Parties to the Convention
and, in certain cases, to entities other than States Parties (such as international organizations and
natural or legal persons). All ITLOS judgments are listed, along with information on the
background of the Tribunal, its current docket, procedures, jurisdiction, and rules. Special
chambers of the Tribunal are the Seabed Disputes Chamber (having jurisdiction in disputes with
respect to activities in the International Seabed Area), the Chamber for Fisheries Disputes (available
to deal with disputes concerning the conservation and management of marine living resources), and
the Chamber for Marine Environment Disputes (available to deal with disputes relating to the
protection and preservation of the marine environment which parties may agree to submit to it).
The Statute of the International Tribunal for the Law of the Sea
(http://www.un.org/depts/los/convention_agreements/texts/unclos/annex6.htm) is contained in
Annex VI of UNCLOS.
VIII. CONSERVATION AND MANAGEMENT OF THE LIVING RESOURCES OF THE

HIGH SEAS
A. International Agreements
The conservation and management of the living resources of the high seas are addressed in Section 2
of Part VII of UNCLOS. Article 116 confirms the right to fish on the high seas; Articles 117
11


through 119 address the duties of states to adopt conservation measures and cooperate in the
conservation and management of the living resources of the high seas, and Article 120 addresses
marine mammals.
In addition to UNCLOS, the 1958 Convention on Fishing and Conservation of the Living
Resources of the High Seas (http://www.ecolex.org/server2.php/libcat/docs/TRE/Full/En/TRE-‐
000141.pdf), and the 1995 Fish Stocks Agreement
http://www.un.org/Depts/los/convention_agreements/convention_overview_fish_stocks.htm),
important global multilateral agreements governing the management of living marine resources
include:
● International Convention for the Regulation of Whaling (http://iwc.int/convention)
● Agreement to Promote Compliance with International Conservation and

Management Measures by Fishing Vessels on the High Seas
(http://www.fao.org/docrep/meeting/003/x3130m/X3130E00.htm)
B. Preparatory Work
Documents prepared at the 1995 United Nations Conference on Straddling Fish Stocks and Highly
Migratory Fish Stocks, which resulted in the implementation of the 1995 Fish Stocks Agreement,
may be found at http://www.un.org/Depts/los/fish_stocks_conference/fish_stocks_conference.htm.
Additional information about this conference may be found in Structure and Process of the 1993-
1995 United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks at
http://www.fao.org/docrep/V9929E/V9929E00.htm.
C. International Organizations
Food and Agriculture Organization – Fisheries and Aquaculture Department

(http://www.fao.org/fishery/en) The Department promotes policies and strategies aimed at
sustainable and responsible development of fisheries and aquaculture in inland and marine waters.
For this purpose, the Department provides discussion fora, information, legal and policy
frameworks, codes and guidelines, options for strategies, scientific advice and training materials. The
website includes the Code of Conduct for Responsible Fisheries
(http://www.fao.org/DOCREP/005/v9878e/v9878e00.htm), adopted by the FAO Conference in
1995 and the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing (IPOA-IUU) (http://www.fao.org/docrep/003/y1224e/y1224e00.HTM),
adopted in 2001.
FISHLEX (http://faolex.fao.org/fishery/index.htm) The website provides access to a series of tables

that summarize the provisions of national legislation and of bilateral and multilateral agreements
12


governing foreign fishing in waters under national jurisdiction. Coastal State Requirements for
Foreign Fishing, previously available in print, are now available electronically. The database can be
searched by maritime delimitations (territorial sea, fishing zone, exclusive economic zone) or by
country (for maritime delimitations, international agreements, conditions of access, framework of
fishing activities and penalties, as well as national legislation governing fishing activities).
FAOLEX (http://faolex.fao.org/faolex/index.htm) FAOLEX is a database containing a collection of

national laws and regulations on food, agriculture, fisheries and renewable natural resources. The
database provides abstracts and indexing information about each text, as well as the full text of most
legislation contained in the database. The collection is searchable by subject, country, keywords, type
of text, and other fields.
D. Regional Fishery Management Organizations
The 1995 Fish Stocks Agreement requires that regional cooperation efforts be undertaken by the
States Parties to the Agreement. A number of regional fishery organizations have been established by
treaty, with the goal of regulating the amount of fish to be harvested on the high seas in the region
and allocating the catch among the nations in the region. The Fisheries and Aquaculture
Department of the FAO promotes the work of the Regional Fishery Bodies
(http://www.fao.org/fishery/rfb/en).
Some of the organizations have management powers; others serve in an advisory capacity.
Organizations with management powers are:
Commission for the Conservation of Antarctic Living Marine Resources (http://www.ccamlr.org/)
● The Convention on the Conservation of Antarctic Marine Living Resources

(http://www.ccamlr.org/en/document/publications/convention-conservation-antarctic-
marine-living-resources) came into force in 1982, as part of the Antarctic Treaty System, in
pursuance of the provisions of Article IX of that Treaty.
Commission for the Conservation of Southern Bluefin Tuna (http://www.ccsbt.org/)
● On 20 May 1994, a voluntary management arrangement among Australia, Japan and

New Zealand was formalized when the Convention for the Conservation of Southern
Bluefin Tuna (http://sedac.ciesin.org/entri/texts/acrc/Bluefin.txt.html), which had been
signed by the three countries in May 1993, came into force.
Western and Central Pacific Fisheries Commission (http://www.wcpfc.int/)
● Convention on the Conservation and Management of High Migratory Fish Stocks in

the Western and Pacific Ocean (http://www.wcpfc.int/key-documents/convention-text),
entered into force in 2004.
13


General Fisheries Commission for the Mediterranean (http://www.gfcm.org/gfcm/en)
● Agreement for the Establishment of the General Fisheries Commission for the
Mediterranean
(http://sedac.ciesin.org/entri/texts/fisheries.council.mediterranean.1949.html), entered into
force September 1949.
Inter-American Tropical Tuna Commission (http://www.iattc.org/HomeENG.htm)
● Convention for the Strengthening of the Inter-American Tropical Tuna Commission

Established by the 1949 Convention between the United States of America and the Republic
of Costa Rica (http://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf) (the
Antigua Convention) entered into force August 2010.
International Baltic Sea Fishery Commission (ceased to function on January 1, 2006).
● Convention on Fishing and Conservation of the Living Resources in the Baltic Sea
and the Belts (http://www.jus.uio.no/english/services/library/treaties/06/6-02/fishing-baltic-
belts.xml )(the Gdansk Convention), signed on 13 September 1973.
International Commission for the Conservation of Atlantic Tunas (http://www.iccat.es/en/)
● International Convention for the Conservation of Atlantic Tunas

(http://www.iccat.int/Documents/Commission/BasicTexts.pdf), entered into force on 21
March 1969.
Indian Ocean Tuna Commission (http://www.iotc.org/English/index.php)
● Agreement for the Establishment of the Indian Ocean Tuna Commission

(http://www.iotc.org/about-iotc/basic-texts)
International Pacific Halibut Commission (http://www.iphc.washington.edu/)
● The International Pacific Halibut Commission (IPHC), originally called the

International Fisheries Commission, was established in 1923 by the Convention for the
Preservation of the Halibut Fishery of the Northern Pacific Ocean between the governments
of Canada and the United States (43 Stat. 1841, TS 701). The Convention was amended in
1930 (TS 837) and 1937 (50 Stat. 1351). A new Convention entered into force in 1953
(222 UNTS 78). When the two countries extended their fishery jurisdictions, a Protocol
Amending the Convention entered into force in 1980 (1273 UNTS 270). The conventions
may be located in commercial databases.
International Whaling Commission (http://iwcoffice.org/)
14


● International Convention for the Regulation of Whaling

(https://iwc.int/convention), entered into force on 10 November 1948.
North Atlantic Salmon Conservation Organization (http://www.nasco.int/index.html)

● The Convention for the Conservation of Salmon in the North Atlantic Ocean
(http://www.nasco.int/convention.html), entered into force on 1 October 1983.
Northwest Atlantic Fisheries Organization (http://www.nafo.int/)

● Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries
(http://www.nafo.int/about/frames/about.html), entered into force on 1 January 1979.
North East Atlantic Fisheries Commission (http://www.neafc.org/)

● “New” Convention on Future Multilateral Co-operation in the North East Atlantic
Fisheries (http://www.neafc.org/basictexts)
North Pacific Anadromous Fish Commission (http://www.npafc.org/new/index.html)

● Convention for the Conservation of Anadromous Stock in the North Pacific Ocean
(http://www.npafc.org/new/publications/HandBook/English%20(page1-44).pdf), entered
into force on 16 February 1993.
Pacific Salmon Commission (http://www.psc.org/)

● Pacific Salmon Treaty (http://www.psc.org/pubs/treaty/treaty.pdf), entered into
force in 1985.
Southeast Atlantic Fisheries Organization (http://www.seafo.org/)

● Convention on the Conservation and management of Fishery Resources in the South
East Atlantic Ocean (http://www.seafo.org/About/Convention-Text), entered into force in
April 1993.
Southwest Indian Ocean Fisheries Commission (http://www.fao.org/fishery/rfb/swiofc/en)
● Resolution and Statute of the Southwest Indian Ocean Fisheries Commission

(ftp://ftp.fao.org/fi/DOCUMENT/safr/swiofc_1_2005/inf4e.pdf)
South Pacific Regional Fisheries Management Organization (http://www.southpacificrfmo.org/)

● Convention on the Conservation and Management of High Seas Fishery Resources
in the South Pacific Ocean (http://www.sprfmo.int/basic-documents/), entered into force on
24 August 2012
15


Western and Central Pacific Fisheries Commission (http://www.wcpfc.int/)

● Convention on the Conservation and Management of High Migratory Fish Stocks in
the Western and Central Pacific Ocean (http://www.wcpfc.int/key-documents/convention-
text), entered into force on 19 June 2004.
IX. REGIONAL SEAS
Regional Seas Programme (http://www.unep.org/regionalseas/). Under the auspices of the United

Nations Environment Programme, the Regional Seas Programme covers 18 regions of the world
with the goal of protecting marine and coastal environments. Many of the programs function
through action plans adopted by the member governments to establish frameworks for protecting
the environment and promoting sustainable development. Fourteen of the Regional Seas
Programmes have adopted legally binding conventions.
Today, more than 140 countries participate in 13 Regional Seas Programmes established under the
auspices of UNEP: Black Sea, Wider Caribbean, East Asian Seas, Eastern Africa, South Asian Seas,
ROPME Sea Area, Mediterranean, North-East Pacific, North-West Pacific, Red Sea and Gulf of
Aden, South-East Pacific, Pacific, and Western Africa. Six of these programs are directly
administered by UNEP. The Regional Seas Programmes function through an Action Plan. In most
cases the Action Plan is supported with a legal framework in the form of a regional Convention and
associated Protocols on specific problems. Furthermore, five partner programs for the Antarctic,
Arctic, Baltic Sea, Caspian Sea and North-East Atlantic Regions are members of the Regional Seas
family.
Antarctic Region (http://www.unep.org/regionalseas/programmes/independent/antarctic/default.asp)
The Antarctic Treaty (http://www.ats.aq/documents/ats/treaty_original.pdf)
Convention on the Conservation of Antarctic Marine Living Resources

(http://www.ccamlr.org/en/document/publications/convention-conservation-antarctic-
marine-living-resources)
Arctic Region (http://www.unep.org/regionalseas/programmes/independent/arctic/default.asp)
No convention
Baltic Sea (http://www.unep.org/regionalseas/programmes/independent/baltic/default.asp)
Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helsinki
Convention)
(http://ec.europa.eu/world/agreements/prepareCreateTreatiesWorkspace/treatiesGeneralData
.do?step=0&redirect=true&treatyId=543)
16


Black Sea (http://www.unep.org/regionalseas/programmes/nonunep/blacksea/default.asp)
Convention on the Protection of the Black Sea Against Pollution (http://www.blacksea-

commission.org/_convention.asp)
Caspian Sea (http://www.unep.org/regionalseas/programmes/independent/caspian/default.asp)
Framework Convention for the Protection of the Marine Environment of the Caspian Sea
(http://www.tehranconvention.org/spip.php?article4)
East Asian Seas (http://www.unep.org/regionalseas/programmes/unpro/eastasian/default.asp)
Action Plan for the Protection and Development of the Marine and Coastal Areas of the East
Asian Region (http://www.cobsea.org/documents/action_plan/ActionPlan1983.pdf)
Eastern Africa (http://www.unep.org/regionalseas/programmes/unpro/easternafrica/default.asp)
Convention for the Protection, Management and Development of the Marine and Coastal
Environment of the Eastern African Region
(http://www.unep.ch/regionalseas/main/eaf/eafconv.html)
Mediterranean (http://www.unep.org/regionalseas/programmes/unpro/mediterranean/default.asp)
Convention for the Protection of the Marine Environment and the Coastal Region of the
Mediterranean (Barcelona Convention) (http://www.unepmap.org/)
North-East Atlantic Region

(http://www.unep.org/regionalseas/programmes/independent/neatlantic/default.asp)
Convention for the Protection of the Marine Environment of the North-East Atlantic
(OSPAR)
(http://www.ospar.org/html_documents/ospar/html/OSPAR_Convention_e_updated_text_
2007.pdf)
North-East Pacific (http://www.unep.org/regionalseas/programmes/nonunep/nepacific/default.asp)
Convention for Cooperation in the Protection and Sustainable Development of the Marine
and Coastal Environment of the Northeast Pacific (Antigua Convention)
(http://www.unep.org/regionalseas/programmes/nonunep/nepacific/instruments/nep_conve
ntion.pdf)
North-West Pacific (http://www.unep.org/regionalseas/programmes/unpro/nwpacific/default.asp)
Action Plan for the Protection, Management and Development of the Marine and Coastal
Environment of the Northwest Pacific Region (http://www.nowpap.org/)
17


Pacific (http://www.unep.org/regionalseas/programmes/nonunep/pacific/default.asp)
Convention for the Protection of Natural Resources and Environment of the South Pacific
Region (Noumea Convention)
(http://sedac.ciesin.org/entri/texts/natural.resources.south.pacific.1986.html)
Red Sea and Gulf of Aden

(http://www.unep.org/regionalseas/programmes/nonunep/redsea/default.asp)
Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment
(Jeddah Convention) (http://www.persga.org/Documents/Doc_62_20090211112825.pdf)
ROPME Sea Area (http://www.unep.org/regionalseas/programmes/nonunep/ropme/default.asp)
Kuwait Regional Convention for Cooperation on the Protection of the Marine Environment
from Pollution (http://ropme.org/uploads/protocols/kuwait_convention.pdf)
South Asian Seas (http://www.unep.org/regionalseas/programmes/nonunep/southasian/default.asp)
No convention. Law of the Sea Convention is regarded as the umbrella convention.
South-East Pacific (http://www.unep.org/regionalseas/programmes/nonunep/sepacific/default.asp)
Convention for the Protection of the Marine Environment and Coastal Areas of the South-
East Pacific (Lima Convention)
(http://sedac.ciesin.org/entri/texts/marine.environment.coastal.south.east.pacific.1981.html)
West and Central Africa

(http://www.unep.org/regionalseas/programmes/unpro/westernafrica/default.asp)
Abidjan Convention for Co-operation in the protection and Development of the Marine and
Coastal Environment of the West and Central African Region
(http://sedac.ciesin.columbia.edu/entri/texts/marine.coastal.west.central.africa.1981.html)
Wider Caribbean (http://www.unep.org/regionalseas/programmes/unpro/caribbean/default.asp)
Convention for the Protection and Development of the Marine Environment of the Wider
Caribbean Region (Cartagena Convention) http://www.cep.unep.org/cartagena-convention
X. ZONES OF THE SEA
18


Several sections of UNCLOS are concerned with delineating the regions of the oceans over which
states may exercise varying degrees of sovereignty. These sections provide a balance of national
control with freedom of use by all nations. The 1994 Agreement relating to the Implementation of
Part XI of the United Nations Convention on the Law of the Sea supplements UNCLOS
(http://www.un.org/depts/los/convention_agreements/convention_overview_part_xi.htm).
A. Specialized Bodies Established by UNCLOS
International Seabed Authority (https://www.isa.org.jm/) The International Seabed Authority is an

autonomous international organization established under the 1982 United Nations Convention on
the Law of the Sea and the 1994 Agreement relating to the Implementation of Part XI of the United
Nations Convention on the Law of the Sea. The website includes information about the organs of
the Authority, and lists of all documents issued by it, with links to full text of selected documents.
Commission on the Limits of the Continental Shelf

(http://www.un.org/depts/los/clcs_new/clcs_home.htm) The Commission on the Limits of the
Continental Shelf was established to facilitate the implementation of UNCLOS in respect of the
establishment of the outer limits of the continental shelf beyond 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured. The responsibilities of the
Commission are set forth in Annex II of UNCLOS. The website includes information about the
Commission and links to documents adopted by the Commission and information and assistance
provided to member states.
B. National Laws
Maritime Zones and Delimitation

(http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/index.htm) The website contains
national legislation of coastal States, as made available to the United Nations. Accordingly, the
website may not reflect developments that have not been brought to the attention of the United
Nations. Whenever possible, the texts are accompanied by illustrative maps. In addition, the website
contains other reference material, such as tables indicating the status of the United Nations
Convention on the Law of the Sea, summary of national claims to maritime jurisdiction, and other
information.
XI. SECONDARY SOURCES
A. Online Catalogs
A good place to begin research is in an online catalog. Many law library online catalogs, especially in
the United States, use the Library of Congress classification system (outline at
http://www.loc.gov/catdir/cpso/lcco/). Possible subject headings to use when searching for law of the
sea materials include: Law of the Sea; Maritime Law; Marine Resources; Conservation and
19


Development; Fisheries – International Cooperation; Economic Zones (Law of the Sea). Titles of
treaties and names of international organizations are also used as subject headings. WorldCat
(http://www.worldcat.org/) is a global catalog that allows searching of more than 10,000 library
catalogs.
B. Treatises and Yearbooks
Nordquist, United Nations Convention on the Law of the Sea 1982: A Commentary
(http://www.worldcat.org/title/united-nations-convention-on-the-law-of-the-sea-1982-a-
commentary/oclc/11971392&referer=brief_results)
Koers & Oxman, The 1982 Convention on the Law of the Sea: Proceedings, Law of the Sea
Institute Seventeenth Annual Conference (http://www.worldcat.org/title/1982-convention-on-the-
law-of-the-sea-proceedings-law-of-the-sea-institute-seventeenth-annual-
conference/oclc/10777782&referer=brief_results)
International Ocean Institute, Ocean Yearbook (http://www.worldcat.org/title/ocean-

yearbook/oclc/4659410&referer=brief_results)
Colson & Smith, International Maritime Boundaries (http://www.worldcat.org/title/international-

maritime-boundaries/oclc/676607508&referer=brief_results)
Rothwell, Eleferink, Oude, Scott & Stephens, The Oxford Handbook of the Law of the Sea
(https://www.worldcat.org/title/oxford-handbook-of-the-law-of-the-
sea/oclc/889183957&referer=brief_results)
C. Legal Periodicals
Available in print and in subscription databases online, journal articles can often be a rich source of
information on law of the sea issues. Several journals are devoted exclusively to the topic, for
example:
Law of the Sea Bulletin, published by the United Nations Division for Ocean Affairs and the Law of
the Sea. (http://www.un.org/depts/los/doalos_publications/los_bult.htm)
Ocean Development and International Law covers aspects of international and comparative law and
policy concerning the management of ocean use and activities.
(http://www.tandf.co.uk/journals/titles/00908320.asp)
International Tribunal for the Law of the Sea Yearbook provides information about the jurisdiction,
procedure and organization of the Tribunal and also about its composition and activities during the
year. (http://www.brill.nl/default.aspx?partid=227&pid=34690)
The International Journal of Marine and Coastal Law addresses all aspects of marine and coastal law.
20


Includes a Current Legal Developments section. (http://www.brill.nl/estu)
Ocean and Coastal Law Review covers issues of marine resource regulation, coastal zone
management, marine environmental protection, and other topics of importance in the field of ocean
and coastal law. (http://mainelaw.maine.edu/academics/oclj/) D. Legal Periodical Indexes
Current Index to Legal Periodicals (CILP) (http://lib.law.washington.edu/cilp/cilp.html) Weekly

index to very recent periodical literature, published by the Marion Gould Gallagher Law Library,
University of Washington. Also available on Westlaw.
Index to Foreign Legal Periodicals (IFLP) (http://www.law.berkeley.edu/library/iflp/) (Berkeley, CA:

University of California Press for the American Association of Law Libraries). IFLP is a multilingual
index to over 470 journals focusing on international law (public and private), comparative law, and
the municipal law of countries other than common law jurisdictions. The Index to Foreign Legal
Periodicals is now published in both print and electronic formats by the William S. Hein & Co.
Index to Legal Periodicals and Books Full Text (http://www.ebscohost.com/academic/index-to-legal-

periodicals-and-books-full-text)(New York, NY: H.W. Wilson Co.)ILP indexes over 1000 legal
journals from the United States and other common law jurisdictions, with full text coverage of more
than 400 periodicals. Electronic coverage began in 1981; print coverage dates back to 1926.
Aquatic Sciences and Fisheries Abstracts (http://www.fao.org/fishery/asfa/en) Produced through the

cooperative efforts of the international network of ASFA Partners and ProQuest, the database
contains more than 1 million bibliographic references to the world's aquatic science literature
accessioned since 1971.
E. Free Sources of Scholarly Articles
Many law reviews and other scholarly journals have made articles available on their websites.
The Social Science Research Network (SSRN) (http://www.ssrn.com) This research network aims to
disseminate social science research and has a number of specialized research networks in each of the
social sciences. The database is searchable or browseable.
The Berkeley Electronic Press (bepress) (http://www.bepress.com) Publishes peer-reviewed journals,

working papers, and other scholarly information in the fields of social sciences and the sciences.
Bepress is searchable and browseable.
F. Research Guides
International Law of the Sea, University of Washington

(http://lib.law.washington.edu/ref/LOS1.html)
21


Law of the Sea, University of Oregon (http://libweb.uoregon.edu/law/ocean/guides/los.html)
Law of the Sea, University of Iowa (http://libguides.law.uiowa.edu/lawofthesea)
G. Current Awareness
ASIL Insights, the "international law behind the headlines," provide brief, balanced accounts of the
international law issues raised by newsworthy late-breaking events. Insights, which are written as
international law events arise, are distributed to subscribers and posted on the ASIL website
approximately two times a month. (http://www.asil.org/insights)
To remain abreast of current developments, the websites of the international organizations listed in
this chapter are a source of newsletters, current awareness bulletins and papers presented at meetings.
In addition, other organizations track developments in the area.
International Union for the Conservation of Nature (IUCN) Marine and Polar Programme
(http://www.iucn.org/about/work/programmes/marine/)
Center for Oceans Law and Policy (http://www.virginia.edu/colp/)
World Wildlife Fund Marine Programme

(http://wwf.panda.org/what_we_do/how_we_work/conservation/marine/)
Greenpeace Oceans Campaign (http://www.greenpeace.org/international/campaigns/oceans/)
Global Ocean Commission (http://www.globaloceancommission.org/)

*
Barbara Bean
has been a reference librarian at the Michigan State University College of Law since
2004. In addition to providing reference services and research support to students and faculty, she
teaches classroom and online courses in Advanced Legal Research. Prior to becoming a librarian, she
was an attorney specializing in bank financing at Milbank, Tweed, Hadley & McCloy and
O’Melveny and Myers, and served as American counsel to DeBrauw Blackstone Westbroek. She is a
member of the New York and California bars.
Barbara earned her A.B. from Vassar College and her J.D. from Georgetown University Law Center.
She received her M.S.I.S. from the State University of New York at Albany. She is a member of the
American Association of Law Libraries and has been active in the Academic Law Libraries and
Foreign Comparative and International Law special interest sections. She is the author of the
International Environmental Law and International Air, Space and Water categories of the
Electronic Information System for International Law (EISIL). She has also contributed research
22


guides on Transboundary Freshwater Treaties and Other Resources and Researching the Vienna
Convention on Consular Relations Notification Requirements to the Globalex database at the
Hauser Global Law Program at the New York University School of Law.
23

e-RG
Private
International Law
Don Ford *
T
levels.

2
I. Introduction
II. International Organizations
III. International Sale of Goods
IV. International Commercial Arbitration
V. Regional Harmonization
VI. Private International Law in the United States
VII. Private International Law Resources on LEXIS, WESTLAW,

HeinOnline, and International Law In Brief (ILIB)
VIII. Research Guides and Yearbooks
IX. Private International Law Interest Groups & Sections
I. Introduction
Private international law is the body of conventions, model laws, national laws, legal guides, and
other documents and instruments that regulate private relationships across national borders. Private
international law has a dualistic character, balancing international consensus with domestic
recognition and implementation, as well as balancing sovereign actions with those of the private
sector. United States domestic law’s nearest equivalent to private international law would be
interstate “conflict of laws” or “choice of laws.”
This chapter will examine accessible electronic resources maintained by international organizations,
governments, universities and scholarly groups, trade organizations, and commercial information
services. All hypertext links are correct as of the date of last revision.
II. International Organizations
This section describes the principal international organizations involved in private international law.
Each of these organizations maintains an Internet site, which contains information about their
current work and archives earlier documents, as well as status information on their conventions.
3
A. Hague Conference on Private International Law
The Hague Conference on Private International Law (http://www.hcch.net/index_en.php), which

traces its origins to an 1893 conference convened by the Government of the Netherlands, is "the
world organization for cross-border co-operation and commercial matters." It develops conventions
(rather than principles, guidelines and model laws) in various areas of private law, addressing topics
ranging from traditional issues such as choice-of-law rules and jurisdictional rules to contemporary
issues such as intercountry adoption and child abduction. The Hague Conference's structure and
purpose are stated in the Statute of the Hague Conference on Private International Law (entered
into force 15 July 1955) (http://www.hcch.net/index_en.php?act=conventions.text&cid=29).
The Hague Conference Web site contains the full text, status, bibliographic information, and
explanatory reports (where available) about its work, including:
• Convention Abolishing the Requirement of Legalisation for Foreign Public Documents

(Apostille Convention) (http://www.hcch.net/index_en.php?act=conventions.text&cid=41),
concluded at The Hague, 5 October 1961, entered into force 24 January 1965; See also the
helpful Hague Conference online brochure The ABC’s of Apostilles: How to ensure that your
public documents will be recognized abroad (http://www.hcch.net/upload/abc12e.pdf).
• Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or

Commercial Matters (Hague Service Convention)
(http://www.hcch.net/index_en.php?act=conventions.text&cid=17), concluded at The
Hague, 15 November 1965, entered into force 10 February 1969;
• Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (Taking of

Evidence Convention) (http://www.hcch.net/index_en.php?act=conventions.text&cid=82),
concluded at The Hague, 18 March 1970, entered into force 7 October 1972;
• Convention on the Civil Aspects of International Child Abduction (Child Abduction

Convention) (http://www.hcch.net/index_en.php?act=conventions.text&cid=24), concluded
at The Hague, 25 October 1980, entered into force 1 December 1983; and
• Convention on Protection of Children and Co-operation in Respect of Intercountry

Adoption (Hague Adoption Convention)
(http://www.hcch.net/index_en.php?act=conventions.text&cid=69), concluded at The
Hague, 29 May 1993, entered into force 1 May 1995.
The News & Events (http://www.hcch.net/index_en.php?act=events.listing) listing provides current

information on the status of conventions. Archives go back to 1997.
4
The Hague Conference also maintains lists of Central Authorities designated under a number of
conventions (http://www.hcch.net/index_en.php?act=authorities.listing).
B. UNCITRAL
The United Nations Commission for International Trade Law (UNCITRAL)

(http://www.uncitral.org/) was established by a resolution of the UN General Assembly in 1966 (the
resolution is available on "General Assembly Resolutions" page of the UNCITRAL Web site
(http://www.uncitral.org/uncitral/en/GA/resolutions.html). It is the active catalyst for some of the
most significant work in the progressive harmonization of private international law. The
UNCITRAL site contains primary documents and status information about established instruments
such as
• United Nations Convention on Contracts for the International Sale of Goods (CISG)
(http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html),
• Convention on the Limitation Period in the International Sale of Goods

(http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1974Convention_limitation_
period.html), and
• 1958 "New York" Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (the “New York” Convention)
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html).
Most of the UNCITRAL site contents are available in English, French, Spanish, Arabic, Chinese
and Russian - the six official languages of UNCITRAL.
In addition to conventions and similar instruments that are enacted at the international level by
states, UNCITRAL furthers the harmonization of international trade law through the creation of
model laws and legal guides designed to inform domestic legislative drafters. Perhaps the best
example is the UNCITRAL Model Law on the Procurement of Goods, Construction and Services
with Guide to Enactment (1994)
(http://www.uncitral.org/uncitral/en/uncitral_texts/procurement_infrastructure/1994Model.html).
Other UNCITRAL efforts are directed at private commercial parties, such as the well-known
UNCITRAL Arbitration Rules
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1976Arbitration_rules.html) and the
UNCITRAL Notes on Organizing Arbitral Proceedings
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1996Notes_proceedings.html).
The work of UNCITRAL is furthered through six specialized working groups
5
(http://www.uncitral.org/uncitral/en/commission/working_groups.html):
• Working Group I
(http://www.uncitral.org/uncitral/en/commission/working_groups/1Procurement.html)
which has recently completed its work on the UNCITRAL Model Law on Public
Procurement (2011)
(http://www.uncitral.org/uncitral/en/uncitral_texts/procurement_infrastructure/2011Model.
html) and a Draft Guide to the Enactment of the UNCITRAL Model Law on Public
Procurement (2012)
(http://www.uncitral.org/pdf/english/texts/procurem/construction/Final-MU-
CONSOLIDATED-Guide-post-WG-session-may-2012.pdf).
• Working Group II
(http://www.uncitral.org/uncitral/en/commission/working_groups/2Arbitration.html)
currently deals with the topic of international arbitration and conciliation.
• Working Group III

(http://www.uncitral.org/uncitral/commission/working_groups/3Online_Dispute_Resolutio
n.html) currently deals with the online dispute resolution.
• Working Group IV
(http://www.uncitral.org/uncitral/en/commission/working_groups/4Electronic_Commerce.
html) currently deals with the topic of electronic commerce.
• Working Group V
(http://www.uncitral.org/uncitral/en/commission/working_groups/5Insolvency.html)
currently deals with the topic of insolvency law.
• Working Group VI
(http://www.uncitral.org/uncitral/en/commission/working_groups/6Security_Interests.html)
currently deals with the topic of security interests.
Each Working Group section contains drafts and preparatory documents that reflect the progress
towards a finished document.
The UNCITRAL Web site is regularly updated. Persons interested in the work of UNCITRAL may
obtain information regarding commission sessions
(http://www.uncitral.org/uncitral/en/commission/sessions.html), vacancies and internships
(http://www.uncitral.org/uncitral/en/vacancies_internships.html), and technical assistance and
coordination (http://www.uncitral.org/uncitral/en/technical_assistance_coordination.html)
6
programs offered by UNCITRAL.
A useful feature of the UNCITRAL Web site is the Documents and Symbols page
(http://www.uncitral.org/uncitral/en/types_symbols.html) which discusses the types of documents
produced by UNCITRAL and provides an explanation of the document symbols assigned to
UNCITRAL documents. Similarly, the bibliography of recent writings relating to the work of
UNCITRAL (http://www.uncitral.org/uncitral/en/publications/bibliography.html) sets forth
bibliographic references compiled by the Secretariat from 1993 to present, and is now regularly
updated as new material is received. As a general aid, the United Nations Dag Hammarskjöld
Library has a research guide (http://www.un.org/Depts/dhl/resguide/) providing information on
United Nations documents, which is useful when consulting UNCITRAL materials.
Two other features of the UNCITRAL Web site merit discussion.
• The CLOUT (Case Law on UNCITRAL Texts) database,

(http://www.uncitral.org/uncitral/en/case_law.html) provides abstracts and digests of court
decisions and arbitral awards that are relevant to the interpretation or application of
UNCITRAL legal texts, such as the CISG and the UNCITRAL Model Arbitration Law,
prepared by a network of national correspondents. CLOUT Cases are also searchable
(http://www.uncitral.org/clout/showSearchDocument.do?lf=898&lng=en) by parties,
country, CLOUT case number, legislative text, court/arbitral tribunal, and decision date.
The CLOUT system also includes a range of new case law research aids, such as thesauri and
keyword charts. All decisions and arbitral awards stored by the Secretariat will be made
available to the public upon individual request, subject to any copyright restriction attendant
to the decisions and awards.
• Status information, travaux préparatoires, and bibliographies on UNCITRAL instruments

are also available and regularly updated (see individual instruments). Status information
about UNCITRAL Conventions is also available at the United Nations Treaty Collection
(http://treaties.un.org/Home.aspx), under the heading "Status of Treaties (MTDSG)." For a
discussion of other online treaty sources, see ASIL Guide to Electronic Resources for
International Law: Treaties (http://www.asil.org/erg/?page=treaties).
C. International Institute for the Unification of Private Law (UNIDROIT)
UNIDROIT (http://www.unidroit.org/dynasite.cfm). The International Institute for the

Unification of Private Law (UNIDROIT) traces its origins to the League of Nations and is today an
autonomous international organization active in "modernising, harmonising and co-ordinating
private and in particular commercial law as between states and groups of states and to formulate
7
uniform law instruments, principles and rules to achieve those objectives." English and French, the
working languages of UNIDROIT, are both represented on its Internet site, which includes full text
and status information concerning UNIDROIT Conventions such as the:
• 1988 Ottawa Convention on International Financial Leasing

(http://www.unidroit.org/english/conventions/1988leasing/main.htm)
• 1988 Ottawa Convention on International Factoring

(http://www.unidroit.org/english/conventions/1988factoring/main.htm),
• 1995 Rome UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects

(http://www.unidroit.org/english/conventions/1995culturalproperty/main.htm),
• 2001 Cape Town Convention on International Interests in Mobile Equipment

(http://www.unidroit.org/english/conventions/mobile-equipment/main.htm), and
• 2001 Cape Town Protocol to the Convention on International Interests in Mobile

Equipment on Matters Specific to Aircraft Equipment (scroll down below the Convention
entry) (http://www.unidroit.org/english/conventions/mobile-equipment/main.htm#NR1).
One of the best-known accomplishments of UNIDROIT in recent years is the creation of the
UNIDROIT Principles of International Commercial Contracts
(http://www.unidroit.org/english/principles/contracts/main.htm). The Principles represent general
rules of commercial contract law derived from various legal systems, and may be used by private
parties as the law governing their contracts, as a supplementary source to be used in conjunction
with the CISG, and as a codification of lex mercatoria for arbitration.
The UNIDROIT Web site also includes status information on UNIDROIT Conventions
(http://www.unidroit.org/english/implement/i-main.htm), information on current projects
(http://www.unidroit.org/english/workprogramme/main.htm), and Internship or Secondment
opportunities (http://www.unidroit.org/dynasite.cfm?dsmid=90060).
UNILAW (http://www.unidroit.info/program.cfm?menu=subject&file=convention&lang=en) Set

up by UNIDROIT, this database will provide the full text of UNIDROIT instruments, as well as
case law and secondary resources on each instrument. Work has started on the 1956 Convention on
the Contract for the International Carriage of Goods by Road (CMR).
UNIDROIT also publishes a scholarly journal - Uniform Law Review

(http://www.unidroit.org/english/publications/review/main.htm).
8
III. International Sale of Goods
There are a number of Web sites relating to the international sale of goods and UNCITRAL's
Convention on Contracts for the International Sale of Goods (CISG)
(http://www.uncitral.org/pdf/english/texts/sales/cisg/V1056997-CISG-e-book.pdf). A particularly
valuable resource is the Pace database on the CISG (http://cisgw3.law.pace.edu/) produced by the
Pace Law Library and the Pace University School of Law Institute of International Commercial Law.
The database contains the complete annotated table of contents and text of the CISG
(http://cisgw3.law.pace.edu/cisg/text/cisg-toc.html), with hyperlinks from each individual article to
its drafting history, along with interpretive case law and bibliographic references to scholarly writing.
The Web site reports over 2000 cases on the CISG and provides a searchable database
(http://cisgw3.law.pace.edu/cisg/search-cases.html). The Pace database also includes information on
the annual Willem C. Vis International Commercial Arbitration Moot on the CISG
(http://cisgw3.law.pace.edu/vis.html), held in Vienna, and the annual Willem C. Vis (East)
International Commercial Arbitration Moot held in Hong Kong.
An important online resource for international sales law is the UNILEX (http://www.unilex.info/)
collection of case law and bibliographies on the CISG and the UNIDROIT Principles. The
UNILEX database includes both case abstracts and the full text of decisions.
The Autonomous Network of CISG Web Sites (http://cisgw3.law.pace.edu/network.html) links to

other useful CISG Web sites, each focusing on case law from one or more countries in the language
of the host country or region. Some of these Web sites are:
• CISG-online.ch (http://www.globalsaleslaw.org/index.cfm?pageID=28) at the Law Faculty of

the University of Basel, Switzerland, which concentrates on Austrian, German, and Swiss
case law on the CISG;
• CISG-France (http://www.cisg.fr/?lang=fr) database which emphasizes French case law on

the CISG;
• CISG - Spain and Latin America database of the Universidad Carlos III de Madrid
(http://turan.uc3m.es/uc3m/dpto/PR/dppr03/cisg/), which contains the Spanish language
text of the CISG, along with CISG case law from Mexico, Argentina, Spain, and other
countries; and
• CISG-Japan Database (http://www.juris.hokudai.ac.jp/~sono/cisg/eng_index.html) which

includes English digests of Japanese cases and arbitral award on CISG.
9
IV. International Commercial Arbitration
International commercial arbitration is recognized as an important component of private

international law, largely through the wide acceptance of the 1958 "New York" Convention on the
Recognition and Enforcement of Foreign Arbitral Awards
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html). International
commercial arbitration may either be "ad hoc" pursuant to the UNCITRAL Arbitration Rules, or
"institutional," following the rules of arbitration promulgated by private organizations such as the
International Chamber of Commerce (ICC) (http://www.iccwbo.org/), the American Arbitration
Association (AAA), or the London Court of International Arbitration (http://www.lcia.org/), inter
alia. For a detailed guide to international commercial arbitration, see the ASIL Guide to Electronic
Resources for International Law: International Commercial Arbitration
(http://www.asil.org/erg/?page=arb).
The International Court of Arbitration of the ICC (http://www.iccwbo.org/about-

icc/organisation/dispute-resolution-services/icc-international-court-of-arbitration/) is a major source
of expertise in international commercial arbitration. The ICC Web site includes the 1998 revision of
the Rules of Arbitration of the International Chamber of Commerce
(http://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Arbitration/Rules-of-
arbitration/Download-ICC-Rules-of-Arbitration/ICC-Rules-of-Arbitration-in-several-languages/)
and other information on ICC arbitration, including ICC standard clauses for dispute resolution
services (http://www.iccwbo.org/products-and-services/arbitration-and-adr/arbitration/standard-icc-
arbitration-clauses/) and rules on appointing authority (http://www.iccwbo.org/products-and-
services/arbitration-and-adr/appointing-authority/rules-of-icc-as-appointing-authority/), and
arbitration cost calculator (http://www.iccwbo.org/products-and-services/arbitration-and-
adr/arbitration/cost-and-payment/cost-calculator/).
The American Arbitration Association (http://www.adr.org) is the primary private arbitral authority
in the United States. The AAA has promulgated rules and procedures (http://www.adr.org/arb_med)
and serves as an administering body for the arbitration process, including acting as an appointing
authority for arbitrators, if necessary, as well as providing resources needed to commence the ADR
process (http://www.adr.org/fileacase) such as filing and managing cases online, online access to cases
and calendar for neutrals, etc. Like other institutional arbitral bodies, the AAA maintains a Mediator
Profile (http://www.mediatorindex.com/) giving useful information such as field expertise, number
of years as a mediator and number of cases mediated, locale, and language.
ICSID (International Centre for Settlement of Investment Disputes)

(https://icsid.worldbank.org/ICSID/Index.jsp), an autonomous organization with close ties to the
10
World Bank, was established under the Convention on the Settlement of Investment Disputes
between States and Nationals of other States
(https://icsid.worldbank.org/ICSID/StaticFiles/basicdoc/partA.htm). The Web site provides access
to Decisions and awards
(https://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&reqFrom=Main&actionV
al=OnlineAward) and at least excerpts of the legal reasoning of the Tribunal if consent of both
parties to publish awards is not given. It also provides access to a very useful list of bilateral
investment treaties (BITs)
(https://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDPublicationsRH&actionVal=
ViewBilateral&reqFrom=Main)
V. Regional Harmonization
This section describes the principal efforts in harmonizing private law on a regional basis.
A. European Union (EU)
The EU harmonizes the private international law of its member nations through the development of
conventions, directives, and regulations. An initiative to create a European Civil Code is also
underway.
• The Brussels Convention and the Lugano Convention

(http://curia.europa.eu/common/recdoc/convention/en/index.htm) aim to "determine the
international jurisdiction of their courts, to facilitate recognition and to introduce an
expeditious procedure for securing the enforcement of judgments, authentic instruments and
court settlements." (from the Preamble of the Conventions;
http://curia.europa.eu/common/recdoc/convention/en/c-textes/brux.htm). The Lugano
Convention extended the rules on jurisdiction and the enforcement of judgments beyond the
boundaries of the European Union.
• Convention on the Law Applicable to Contractual Obligations (Rome Convention)

(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:41980A0934:EN:NOT)
stipulates that a contract shall be governed by the law chosen by the parties and
demonstrated in the terms of the contract or the circumstances of the case.
• Study Group on a European Civil Code (http://www.sgecc.net/) is a network of academics

from across the EU conducting comparative law research in private law with an aim to
produce a codified set of Principles of European Law for the law of obligations and core
aspects of the law of property. The impetus for their work was two Parliamentary resolutions:
OJ C 158 (28.6.1989), resolution of 26th May 1989, and OJ C 205 (25.7.1994), resolution
11
of 6th May 1994 whereby the European Parliament summoned the legal academic
community to take on the task of the creation of a European Code of Private Law. The Web
site provides their work-in-progress and information on their methodology.
• Commission on European Contract Law: Principles of European Contract Law

(http://frontpage.cbs.dk/law/commission_on_european_contract_law/) Also known as the
Lando Commission, the Commission drafted the Principles of Contract Law which are
intended to be applied as general rules of contract law in the European Communities when
the parties have agreed to incorporate them into their contract or when the parties have
agreed that their contract is to be governed by them.
Other useful Web sites for European harmonization of private law are:
• Institute of European and Comparative Private Law (University of Girona, Spain)

(http://civil.udg.edu/php/index.php?id=139) provides links to international private law
materials, and European private law materials (EU directives, treaties and principles) dealing
with commercial law. It also includes national legal materials from eight European countries,
Canada, and United States.
• European Private Law Forum (European University Institute)

(http://www.eui.eu/DepartmentsAndCentres/Law/ResearchAndTeaching/ResearchThemes/
EPL/EPLForum.aspx) The Forum is concerned with the harmonization of European Private
Law. The web site provides access to the results of and information about the Forum's
research activities.
• Practical Handbook on European Private International Law (European Unon Civil Justice
Program; German Foundation for International Legal Cooperation; Romanian Ministry of
Justice)
(http://ec.europa.eu/justice/civil/files/practical_handbook_eu_international_law_en.pdf).
The Practical Handbook is a primer on European Private International Law, using a black
letter format supplemented with specific illustrations from relevant judicial decisions.
B. Inter-American Specialized Conferences on Private International Law (CIDIPs)
Under the auspices of the Organization of American States, Inter-American Specialized Conferences
on Private International Law (known by the Spanish Acronym as CIDIPs)
(http://www.oas.org/dil/private_international_law.htm) play a central role in the harmonization and
codification of Private International Law in the Western Hemisphere. Six Conferences have been
held in various cities in the Americas:
12
• CIDIP-I (http://www.oas.org/dil/CIDIPI_home.htm) was held in Panama City, Panama in

1975. Six conventions were adopted.
• Seven conventions and one protocol was adopted in CIDIP-II

(http://www.oas.org/dil/CIDIPII_home.htm) held in Montevideo, Uruguay in 1979.
• CIDIP-III (http://www.oas.org/dil/CIDIPIII_home.htm), held in La Paz, Bolivia in 1984,

adopted three conventions and one protocol.
• Held once again in Montevideo, CIDIP-IV (http://www.oas.org/dil/CIDIPIV_home.htm)

in 1989 adopted three conventions.
• CIDIP-V (http://www.oas.org/dil/CIDIPV_home.htm) in Mexico City in 1994 saw the

adoption of two conventions.
• CIDIP-VI (http://www.oas.org/dil/CIDIPVI_home.htm) held in OAS's Headquarters in

Washington, D.C., adopted three instruments.
• CIDIP-VII (http://www.oas.org/dil/CIDIP-VII_home.htm) was convened in June 2003.

Consumer protection and electronic registries are the topics for CIDIP-VII.
The instruments adopted fall into four general categories of private international law:
• applicable law (http://www.oas.org/dil/PrivateIntLaw-studytopics_applicablelaw.htm),
• enforcement and procedural law (http://www.oas.org/dil/PrivateIntLaw-

studytopics_enforcement.htm),
• family law (http://www.oas.org/dil/PrivateIntLaw-studytopics_familylaw.htm), and
• commercial law (http://www.oas.org/dil/PrivateIntLaw-studytopics_commerciallaw.htm).
C. Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA)
OHADA (http://www.ohada.org/) started the legal unification process in Africa in October 1992
with the cooperation of the head of states of sixteen OHADA countries. The first OHADA treaty—
Treaty on the Harmonization of Business Law in Africa
(http://www.ohadalegis.com/anglais/traiteharmonisationgb.htm) - was signed in Mauritius in
October 1993. The OHADA.com Web site (http://www.ohada.com/) disseminates information
regarding the ongoing works of OHADA. In addition to treaties, OHADA is also creating uniform
acts (http://www.ohada.com/actes-uniformes.html), such as the Uniform Act Relating to General
Commercial Law. The treaties and uniform acts are accessible to the general public. The "Case
13
Law," "Doctrine," and "Bibliography" sections are only available to OHADA members.
VI. Private International Law in the United States
The State Department Office of the Assistant Legal Adviser for Private International Law (L/PIL)
(http://www.state.gov/s/l/c3452.htm) has primary responsibility for coordinating US efforts in the
development of private international law. Practitioners, corporate counsels, scholars, and
government attorneys participate in the private international law harmonization process through
membership in the Secretary of State's Advisory Committee on Private International Law,
specialized study groups, and delegations to UNCITRAL, UNIDROIT, the Hague Conference, and
the OAS Inter-American Conferences on Private International Law (CIDIP). L/PIL draws heavily
on the private sector for sectoral expertise and works closely with the National Conference of
Commissioners on Uniform State Laws (NCCUSL) (http://uniformlaws.org/Default.aspx) and
members of the American Law Institute (ALI) (http://www.ali.org/), among others.
The Office of the Legal Adviser (http://www.state.gov/s/l/) maintains a central Web page.
VII. Private International Law on LEXIS, WESTLAW, HeinOnline, in EISIL and

International Law In Brief
The two most widely-accepted commercial legal databases in the United States are LEXIS
(http://www.lexis.com) and WESTLAW (http://www.westlaw.com/).
Both LEXIS and Westlaw include case law and legislation on international commercial law
(primarily from the United States); some treaty materials; European Union materials; information
on GATT and the WTO; international law journals; and ASIL publication International Legal
Materials (ILM) (http://www.asil.org/ilm.cfm).
HeinOnline (http://home.heinonline.org/) has added (Summer 2013) the Parker School of Foreign
& Comparative Law Publications (http://heinonline.org/HeinDocs/ParkerSchool.pdf). The Parker
School materials include, inter alia: Charles Szladits’ Bibliography on Foreign and Comparative Law
Books and Articles in English; American-Australian Private International Law (Zelman Cowen);
America-Belgian Private International Law (Georges van Hecke & Nina Moore Galston); American-
Brazilian Private International Law (Paul Griffith Garland); American-Colombian Private
International Law (Phanor J. Eder); American-Venezuelan Private International Law (Richard S.
Lombard & Nina Moore Galston).
International Law In Brief (ILIB) (http://www.asil.org/ilibmenu.cfm), a publication of The

American Society of International Law (ASIL), is delivered twice a month by email, and frequently
abstracts documents reflecting developments in international law. Subscriptions are free.
14
The Electronic Information System for International Law (EISIL) (http://www.eisil.org/) is an

extensive database of quality international law information available on the web. EISIL is developed
and maintained by the ASIL, and includes sections on International Economic Law and Private
International Law, among others.
VIII. Research Guides and Yearbooks
• Duncan Alford, A Guide on the Harmonization of International Commercial Law

(http://www.nyulawglobal.org/globalex/Unification_Harmonization1.htm) This guide
focuses on the intergovernmental organizations whose purpose is to harmonize commercial
laws, treaties that harmonized commercial law, and research institutes that support it.
• Jean M. Wenger, ASIL Guide to Electronic Resources for International Law: International
Economic Law (http://www.asil.org/iel1.cfm) provides links to important and current
sources of information for international economic law.
• Gloria Miccioli, ASIL Guide to Electronic Resources for International Law: International
Commercial Arbitration (http://www.asil.org/erg/?page=arb)
• Yearbook of Private International Law (Sellier European Law Publishers)

(http://www.sellier.de/pages/en/buecher_s_elp/int_privatrecht/924.newsletter.htm)
• Czech Yearbook of Public & Private International Law (http://www.cyil.eu/) (web access to
selected articles)
• Japanese Yearbook of International Law (http://www.ilajapan.org/jyil/) (web access to

selected articles)
IX. Private International Law Interest Groups and Sections
The Private International Law Interest Group (http://www.asil.org/interest-groups-

view.cfm?groupid=29 ) of The American Society of International Law (ASIL) (http://www.asil.org)
conducts meetings and panels on topics of relevance in private international law, such as Corporate
Codes of Conduct and the CISG.
The American Bar Association (http://www.americanbar.org/aba.html) Section of International Law

(http://www.americanbar.org/groups/international_law.html) has a number of divisions and
committees (http://apps.americanbar.org/intlaw/committees/roster/newroster.html) of interest to
private international lawyers.
Private international law associations, institutes, and resources outside the United States of America
15
include: British Institute of International and Comparative Law (http://www.biicl.org/); Research

Center of Private International Law (CREDIP) (http://ediec.univ-lyon3.fr/gb/research/research-
centers/research-center-of-private-international-law-credip/); Private International Law Association
of Japan (http://www.pilaj.jp/index-e.html); Union Internationale des Avocats (International
Association of Lawyers; web access to selected English editions of Juriste International)
(http://www.uianet.org/en).
*
Don Ford is Foreign, Comparative, and International Law Librarian and Adjunct Faculty Member
at the University of Iowa College of Law.
16
e-RG
Researching Public
International Law
Kelly Vinopal*

This page was last updated May 1, 2015

T

2


I. Introduction
II. Research Approach and Methodology
III. Sources of International Law
A. Treaties
B. Customary International Law
C. Principles of International Law
D. Writings of Publicists
E. Judicial Decisions
F. Non-Legally Binding Instruments
IV. Texts and Journals
V. Institutions and Organizations
VI. Citation Guides and Dictionaries
VII. Research Guides
VIII. Translation Resources
IX. Current Awareness Resources
I. INTRODUCTION
Public international law is traditionally defined as the law between sovereign nation-states,
hereinafter, states, especially within the context of the laws of war, peace and security, and protection
of territories. While these concerns of international law remain paramount among states today, the
classic definition of public international law has expanded to include a more diverse group of
subjects and a broader scope of activities.
3


In addition to states as subjects of international law, other participants engaged in international law
activities and its development include private entities, individuals, and international organizations.
Treaty instruments associated with different actors or subjects of international law include the
following:
● Montevideo Convention on the Rights and Duties of States, December 26, 1933,(
http://avalon.law.yale.edu/20th_century/intam03.asp). Article I of the Convention reads,
“The state as a person of international law should possess the following qualifications: a) a
permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into
relations with other states.”
● Convention for the Amelioration of the Condition of the Wounded in Armies in the
Field. Geneva, August 22, 1864 (http://avalon.law.yale.edu/19th_century/geneva04.asp).
The International Committee of the Red Cross (ICRC) (https://www.icrc.org/eng), is a
private, independent entity created in 1863 to promote international humanitarian laws
under the Geneva Conventions.
● Universal Declaration of Human Rights, December 10, 1948

(http://www.ohchr.org/EN/UDHR/Pages/Introduction.aspx). The Universal Declaration on
Human Rights allows actions invoking international law by individuals other than
representatives of a State.
● Vienna Convention on the Law of Treaties between States and International

Organizations or Between International Organizations, March 21, 1986
(http://legal.un.org/avl/ha/vcltsio/vcltsio.html). This instrument recognizes international
organizations as achieving subject status to enter into treaties.
The traditional definition of international law has also broadened in scope to include additional
topics or branches of international law. As illustrated in the dates of the instruments listed above, the
body of human rights law did not formally develop until after World War II. Recognition of
international organizations having ‘legal personality’ and capacity to enter into treaties is reflected in
the 1986 instrument.
Newer and emerging areas of international law often involve an intersection between two or more
branches of international law, for example, international humanitarian law impacts the protection of
cultural property and environmental law. For detailed research guidance on individual topics of
public and private international law, see other chapters of the Guide (http://www.asil.org/erg/).
The focus of the present chapter of the ASIL Electronic Research Guide is on researching public
international law through its documentation, literature, and other resources.
II. RESEARCH APPROACH AND METHODOLOGY
4


Several unique features distinguish international law research from researching law of domestic legal
systems. These features relate to non-hierarchical legal authority, the interaction of international and
national law, and language considerations.
Non-Hierarchical Authority – Legislative and Judicial
The absence of a central legislative body and hierarchical judicial authority is unique to international
law. The largest international organization is the United Nations (UN) which currently has 193
member states (https://www.un.org/en/). Resolutions and declarations of the UN and other
international organizations are non-legally binding instruments and do not create legal obligations
for States. Additional information about the role of “soft law” instruments in international law
development is provided in section III. F of this chapter.
The jurisprudence of international law consists of case law from a variety of international courts and
tribunals. With the exception of courts like the World Trade Organization (WTO) arbitral chamber
and appellate courts or, the appellate character that may exist in courts of regional institutions like
the European Union (EU), there is no high court in international law. The International Court of
Justice (ICJ), the judicial organ of the United Nations, is named the World Court; however, it is not
a hierarchical or appellate court. The decisions of the ICJ are only binding on the states that have
agreed to its jurisdiction. Still, ICJ decisions, like decisions of other international and national
courts, may be consulted or referenced as persuasive authority.
International Law and National Law
A unique dimension of researching international law relates to the way in which national legal
systems incorporate, implement, or apply international law in their domestic or municipal law.
Thus, in addition to researching resources of international law, research in national law materials
such as legislative acts and judicial decisions may be necessary. For further information on
researching national law, see Section III.B. Customary International Law in this chapter.
Multilateral Perspectives for Multilateral Instruments
Given the multilateral participation of member states in international law, resources and documents
may be available in selected languages only. In the event the researcher is met by language limitations
in accessing certain materials, translations and works from different legal systems and perspectives
must be identified, if available and affordable. Information regarding translations is provided in
section VII. of this chapter.
French has historically been the dominant language used in international relations and diplomacy
and also, documents of international law. Since WWII, English language versions or translations
became more commonplace. Translations for multilateral instruments deposited with the UN are
available in Arabic, Chinese, English, French, Russian, and Spanish.
5


Initial Search Strategy
One general note that applies to researchers new to a particular area of international law is the role of
secondary resources in the research process. Even in an increasingly internet-dominant research
environment, consulting authoritative texts and other secondary resources continues to be an
important and time saving step for several reasons. Secondary resources: 1) provide a solid,
foundational understanding of the subject, 2) identify the principal instruments, significant court
decisions, and other relevant documents in the topic area along with corresponding citation
information, 3) provide discussion and analysis of known customary law, legal principles, and
norms, 4) introduce and define important terms and concepts, and, 5) allow the researcher to
perform online searches more effectively by constructing searches using known terms of art and
alternate search terms.
Information on commentary and secondary texts is provided in is sections III.D. Writings of

Publicists and IV. Texts and Journals.
A general note applicable to the research process is the importance of understanding the scope of a
particular work, dates of coverage, and unique features. A quick review of the explanation of the
resource remains a key part of the research process. For electronic resources consult the “about”
pages for this information.
III. SOURCES OF INTERNATIONAL LAW
Among the objectives member states of the UN outlined in the preamble of the UN Charter
(http://www.un.org/en/documents/charter/), was “to establish conditions under which justice and
respect for the obligations arising from treaties and other sources of international law can be
maintained.” The International Court of Justice (ICJ), the judicial body of the UN, identifies the
sources of international law in the (ICJ) Statute, Article 38 (http://www.icj-cij.org/documents/). The
statute reads as follows:
“The Court, whose function is to decide in accordance with international law such disputes as are
submitted to it, shall apply:
a. international conventions, whether general or particular, establishing rules expressly

recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most
highly qualified publicists of the various nations, as subsidiary means for the determination
of rules of law.”
6


Although the ICJ statute speaks to the sources applied specifically by the World Court and not
necessarily applied by other international courts or arbitral bodies, ICJ Article 38 sources are
commonly referred to when discussing the ‘sources of international law.’
Since the time the ICJ statute was concluded and entered into force in 1945, there has been a
dramatic growth in the development of international organizations and nongovernmental
organizations. In 1948, there were 40 nongovernmental organizations having consultative status
with the United Nations Economic and Social Affairs as compared to over 4,000 in recent years
(http://esa.un.org/coordination/ngo/new/index.asp?page=table2007).
Scholarship provides newer views and perspectives on the sources of international law, for examples
see, Why State Consent Still Matters - Non-State Actors, Treaties, and the Changing Sources of
International Law, in Berkeley Journal of International Law, Vol. 23, pp. 137-174 (2005)
(http://www.heinonline.org). Additional views regarding this topic may be further researched using
the resources identified in section IV, Texts and Journals in this chapter.
Supplemented with the practice of international organizations, the sources of law identified in ICJ
Article 38 provide a useful framework for identifying and describing the resources used in
researching international law. Discussion of the representative resources associated with the sources
of international law follows the table below.
SOURCES AND RESOURCES OF INTERNATIONAL LAW
SOURCES REPRESENTATIVE RESOURCES
Conventions Basic document collections
treaty, convention, agreement, instrument, protocol, Treaty collections and compilations

pact, compact, accord, charter, memorandum of
Websites of treaty depositary
understanding
Customary International Law Codifications of customary international
7


State Practice and opinio juris law
Diplomatic notes National gazettes
Foreign policies National statutes, constitutions,

jurisprudence
National implementing legislation
State digests
Official government statements
Websites of state ministry offices
Opinions of legal advisers
Yearbooks of international law
Ratification of treaties & declarations
Websites of International Organizations
Voting behavior of states
General Principles of Law Scholarly writings on legal principles
National laws See resources corresponding to other

sources, especially Customary International
Decisions of national courts
Law
Judicial Decisions Case reports for international courts and

tribunals
Decisions of international courts & tribunals
National and state reports
Decisions of national courts
Institut de Droit International
Writings of Publicists
International Law Association studies
Scholarly writings
International Law Commission
Recueil des Cours
Restatement of Law
Texts and treatises
8


*Non Legally Binding Instruments Documents of International Organizations
declarations
resolutions
guidelines
recommendations
* Source of law not provided under ICJ Art. 38
III. A. TREATIES
Treaties are the most familiar source of international law between two or more sovereign states,
usually consisting of a formal written and signed document. The Treaty of Kadesh or Qadesh 1258
BCE (http://www.reshafim.org.il/ad/egypt/ramses-hattusili-treaty.htm) is recognized as one of the
first written diplomatic peace accords between two leading military powers in Egypt, Hattusili III of
the Hittite Empire and Ramses II of Egypt.
Treaty law making typically proceeds through a series of steps including negotiation, drafting,
adoption, signature, and ratification of the instrument. An officially designated representative of the
government or ministry who serves as a plenipotentiary or agent for the state usually performs these
functions. Article 7 of the Vienna Convention on the Law of Treaties (VCLT)
(http://legal.un.org/avl/ha/vclt/vclt.html) specifies the rules on who can represent a state in the
capacity of concluding and adopting a treaty. The UN Protocol and Liaison Service
(http://www.un.int/protocol/) maintains a list of Heads of State, Government & Ministers for
Foreign Affairs.
Treaties are binding only on the parties who have signed and ratified the treaty. Non-signatories may
consent to treaty obligations by accession to the treaty. Amendments to treaties are in the form of
protocols. Signatories to the original treaty may or may not elect to sign and ratify a later protocol.
Treaty texts consist of numbered articles to define and lay out the obligations of contracting states.
The treaty also specifies the number of states required to ratify the treaty before it is entered-into-
force (EIF). A preamble, introductory note, or chapeau may precede the treaty text; these are
nonbinding elements of the treaty. A codicil and annex may also be appended to the document.
Bilateral Treaties
Bilateral treaties are often contractual agreements between two parties and represent the largest
9


number of agreements between States, as compared to the over 500 multilateral treaties deposited
with the UN. In addition to peace treaties, other concerns featured in bilateral instruments relate to
air transport and Open Skies agreements, bilateral investment treaties (BITs), bilateral tax treaties,
and treaties involving mutual assistance in criminal matters.
Treaty finding tools for locating bilateral instruments are limited. In addition to resources
containing both bilateral and multilateral treaties listed below, researchers may also look to the
foreign ministry website of one of the contracting parties to the treaty. Member states of the UN are
required to deposit treaty texts with the UN Office of the Legal Adviser, so the UN Treaty
Collection database can also be searched. Topic based treaty collections may also be available. For
additional information on researching bilateral treaties, see topic-based chapters of the Guide
(http://www.asil.org/resources/electronic-resource-guide-erg).
Multilateral Treaties
Multilateral treaties may establish a new international organization, institution or regime such as the
European Union (http://eur-lex.europa.eu/homepage.html) or the
International Centre for the Settlement of Investment Disputes (ICSID) Convention

(https://icsid.worldbank.org/ICSID/StaticFiles/basicdoc/basic-en.htm). These instruments may also
be referred to as ‘constitutive’ instruments.
Multilateral treaties also demonstrate support of international norms and rules by looking at
ratification by member states. Examples of treaties receiving broad multilateral support include the
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on Their Destruction (http://legal.un.org/avl/ha/cpusptam/cpusptam.html) and the
Vienna Convention on Diplomatic Relations (http://legal.un.org/avl/ha/vcdr/vcdr.html).
Multilateral agreements, a list of signatories, and status information are usually posted on the website
of the depositary - the custodian of the treaty text and related documentation. Depositaries are
designated by the negotiating states and may be states or international organizations, see Vienna
Convention on the Law of Treaties
(http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf). The UN serves as
depositary for over 500 multilateral treaties (http://treaties.un.org/pages/UNTSOnline.aspx?id=1).
Locating Treaty Texts
Researchers have come to rely on web-based resources for both current and archival documents. This
research practice is especially true for finding multilateral treaties. A number of government,
commercial, and open access treaty resources are available. Please note specific dates of coverage for
each resource.
10


Treaty Resources
League of Nations Treaty Series (http://treaties.un.org/Pages/LONOnline.aspx)

The online League of Nations treaty collection includes treaties registered with the Secretariat of the
League of Nations and published in the print League of Nations Treaty Series. Coverage is from
1920 through 1944.
UN Treaty Series Online Collection (http://treaties.un.org/Pages/UNTSOnline.aspx?id=1)

The treaty database may be searched by popular name, title, and party. Coverage is from 1946 –
present and includes treaties that have entered into force and are registered with the UN Treaty
Office. Unavailability of more recent documents may be due to delays in producing the required
translated treaty texts. In the event the researcher experiences inconsistent or absent search results,
searching alternative government or commercial resources may be necessary to locate the treaty
document.
Monthly Statement of Treaties and International Agreements

(http://treaties.un.org/Pages/MSDatabase.aspx) The Treaty Section of the Office of Legal Affairs of
the Secretariat publishes a monthly list of treaties registered or filed and recorded with the UN
Secretary-General prior to the publication in the UN Treaty Series.
Multilateral Treaties Deposited with the Secretary-General

(http://treaties.un.org/pages/ParticipationStatus.aspx) A database providing status information of
over 500 multilateral treaties organized by topic area. Content may also be searched full text or
using the advanced search template. A list of current treaty texts
(http://treaties.un.org/pages/DB.aspx?path=DB/titles/page1_en.xml&menu=MTDSG) is also
available.
UN Treaty Handbook
(https://treaties.un.org/pages/Publications.aspx?pathpub=Publication/TH/Page1_en.xml)
The Handbook provides an overview to the depositary practice of the Secretary-General and the
registration practice of the United Nations Secretariat. The UN site also has a glossary of treaty
terms and information on key multilateral treaty events.
UN Treaty Reference Guide

(https://treaties.un.org/pages/Overview.aspx?path=overview/treatyRef/page1_en.xml) This UN
guide, includes a brief overview of terminology used in treaty documents of the United Nations
Treaty Collection.
Other Treaty Resources
Avalon Project (http://avalon.law.yale.edu/default.asp) This extensive collection includes treaty

texts, reports, and other important historical documents organized chronologically by date and
event. Coverage of selected texts begins 4000bce.
11


Consolidated Treaty Series (http://www.worldcat.org/title/consolidated-treaty-series/oclc/83656)
This series includes bilateral and multilateral texts from the Treaty of Westphalia in 1648 through
1918.
EISIL - Treaty Collections

The EISIL portal of multilateral treaties is organized by treaty secretariat, international organization
and region. Also see treaties included in specific topic categories in EISIL (http://www.eisil.org).
FLARE Index to Treaties (http://ials.sas.ac.uk/treatyindex.htm) Developed by the Institute of

Advanced Legal Studies, FLARE is a searchable database of citation and other information on
selected significant multilateral (1353 to the present) and bilateral treaties (1353-1815). Information
for each treaty includes the print or Internet source where the full text treaty document is available,
official languages used for the treaty text, and the name of the state or international organization
acting as depositary.
HeinOnline’s United Nations Law Collection (www.heinonline.org) The UNTS and League of
Nations treaties are fully searchable by keyword, popular name, registration number, citation, place
of signature, and other search options. Search results include links to other UN materials available
on HeinOnline.
International Legal Materials (ILM) (www.asil.org/) ILM includes selected bilateral and multilateral
treaty texts including those that have been concluded but not yet entered into force. Coverage is
from 1962 – present. This title is also available on HeinOnline (www.heinonline.org) and JSTOR
(www.jstor.org).
Multilateral Treaty Calendar, Répertoire des Traités Multilatéraux, 1648-1995, by Christian

Wiktor, The Hague: Martinus Nijhoff, 1998 (http://www.worldcat.org/title/multilateral-treaty-
calendar-repertoire-des-traites-multilateraux-1648-1995/oclc/38566310&referer=brief_results).
Provides a chronological listing of treaties with citation to official and authoritative treaty resources.
World Treaty Index (http://worldtreatyindex.com) Coverage includes citation information for

bilateral and multilateral treaties signed between 1945 and 1999. Searches may be completed using
state party name, organization, keyword, and topic.
For a list of frequently cited treaties with corresponding citation information and links to full-text
treaty documents, see Frequently Cited Treaties and Other International Instruments
(http://library.law.umn.edu/researchguides/most-cited.html).
See other chapters of the Guide for treaty collections related to specific topic areas of international
law (http://www.asil.org/erghome.cfm).
12


Codification Projects
International Law Commission (ILC) (http://www.un.org/law/ilc/). The International Law

Commission, established by Statute in 1947, is a subsidiary organ of the United Nations General
Assembly concerned with the ‘promotion of the progressive development of international law and its
codification.’ The Commission is comprised of members from 34 states to identify areas of
international law that have or have not yet fully developed from state practice. For topics selected,
the Commission prepares draft conventions or codifications
(http://legal.un.org/avl/ha/silc/silc.html).
UN Diplomatic Conferences (http://www.un.org/law/diplomaticconferences/) Topics selected for

codification include Law of the Sea, Law of Treaties with Respect of International Organizations,
and the Vienna Conventions on Diplomatic Relations, Consular Relations, and Succession of States
Respecting Treaties. The convention texts are available in Arabic, Chinese, English, French, Russian,
and Spanish.
Texts, Instruments, and Final Reports (http://untreaty.un.org/ilc/texts/texts.htm) Provides access to

draft codifications organized by topics, examples include the Law of Treaties, Law of International
Relations, and many other areas. A Research Guide (http://legal.un.org/ilc/research.htm) provides an
alternative way to locate ILC documents and materials.
Harvard Law School, Research in International Law

(http://www.worldcat.org/oclc/9312904&referer=brief_results) This work is an example of a pre-
ILC codification project. The papers produced from this project spanning 1929-1939 were used by
the International Law Commission in developing the Vienna Conventions on Diplomatic Relations
and Consular Relations. This work is also available on HeinOnline.
For additional background on the ILC and earlier codification projects see Introduction to the ILC
Statute (http://untreaty.un.org/cod/avl/ha/silc/silc.html) and Historical Survey of Development of
International Law and its Codification by International Conferences
(http://untreaty.un.org/ilc/documentation/english/ASIL_1947_study.pdf). A listing of UN
committees and bodies involved in drafting instruments or codification includes links to committee
materials and publications (http://www.un.org/law/lindex.htm).
Secondary texts on codification projects are also available, see especially, James Crawford,
International Law Commission’s Articles on State Responsibility: introduction, text, and
commentaries (http://www.worldcat.org/oclc/48249066&referer=brief_results).
Commentaries and Travaux Preparatoires
The working papers prepared during the drafting and negotiation of treaty instruments for selected
UN instruments may be identified using UN-I-QUE: United Nations Info Quest (http://lib-
13


unique.un.org/DPI/DHL/unique.nsf?Open) or Official Document System (ODS)
(http://www.un.org/en/documents/ods/). Preparatory documents may also be available on the
website of the treaty secretariat or the international organization that sponsored the treaty. The
International Law Commission (ILC) Yearbook has documents prepared on the ILC's work in
drafting specific conventions (http://www.un.org/law/ilc/). See also, Draft Articles on the Law of
Treaties with Commentaries 1966 (http://legal.un.org/ilc/texts/1_1.htm).
Published works on drafting history may also be available, for example, see Shabtai Rosenne’s, The
Law of Treaties; a Guide to the Legislative History of the Vienna Convention
(http://www.worldcat.org/title/law-of-treaties-a-guide-to-the-legislative-history-of-the-vienna-
convention/oclc/127734&referer=brief_results).
Treaty Collections - States
Treaty documents and related information are often posted on the treaty section of the state’s official
website, several examples are provided below.
Australian Treaties Library (http://www.austlii.edu.au/au/other/dfat/) The Department of Foreign

Affairs and Trade of Australia maintains full text of bilateral and multilateral treaties from 1901 to
present. The Library is fully searchable, includes explanatory material, a flow chart of treaty-making
procedures, a list of multilateral treaties under negotiation, a multi-chapter report on Review of the
Treaty-Making Process (http://www.austlii.edu.au/au/
other/dfat/reports/review_treaty_making.html), as well as Australia and International Treaty Making
(http://www.austlii.edu.au/au/other/dfat/reports/aitm1.html).
Czech Republic (http://www.mzv.cz/jnp/cz/) The Ministry of Foreign Affairs of the Czech Republic
features a database of international instruments
(http://www.mzv.cz/jnp/cz/zahranicni_vztahy/mezinarodni_smlouvy/index.html). Information on
foreign relations, diplomatic missions and other topics is available in both Czech and English. Treaty
documents are in Czech.
France - Conventions et Accords Internationaux (http://www.senat.fr/dossiers-

legislatifs/conventions-accords-internationaux.html) Provides the text of bilateral and multilateral
treaties where France is a party.
Israel (http://www.mfa.gov.il/mfa/treaties/multilateralagreements/) The website of the Israeli

Ministry of Foreign Affairs has a searchable database of multilateral treaties. The original official
version of treaty texts is published in "Kitvei Amana," Israel's Official Publication Journal.
Portugal (http://www.gddc.pt/siii/tratados.html) Treaties published in the Official Gazette may be

searched by subject, instrument title, or by countries or international organizations. Coverage is from
1960 to present. In Portuguese.
14


South Africa, African Multilateral Organisations, Treaties, Conventions and Declarations,
(http://www.dfa.gov.za/foreign/Multilateral/africa/index.html) The South African Department of
Foreign Affairs has compiled a collection of treaties, conventions, and declarations related to African
multilateral organizations.
United States (http://www.state.gov/s/l/treaty/index.htm) The website of the Treaty Affairs office of

the US Department of State has information on Treaties and International Agreements (TIAS)
(http://www.state.gov/s/l/treaty/tias/), Treaty Actions, Treaties in Force, and other resources. Before
1950, US treaties approved by the US Senate were published in the U.S. Statutes at Large
(http://memory.loc.gov/ammem/amlaw/lwsl.html). The Treaties section on the website of the US
Senate provides links to several treaty related resources, see especially the Role of the Senate
(http://www.senate.gov/reference/Index/Treaties.htm). Treaty documents are also available on
Congress.gov, the official website for U.S. federal legislative information
(https://www.congress.gov/treaties/about). Researchers may still access Thomas for documents that
have not yet been added to Congress.gov. The HeinOnline Treaties and International Agreements
Library (www.heinonline.org) features an extensive collection of digitized materials related to treaties
where the US is a party. Materials include treaty reporters and compilations, historical diplomatic
papers, secondary texts, and US Department of State publications. Subscription is required.
National Treaty Law and Practice, edited by Duncan B. Hollis, Merritt R. Blakeslee and L.
Benjamin Ederington (http://www.worldcat.org/oclc/57750117&referer=brief_results).
Government legal advisers and treaty experts from 15 nations convened to explore treaties from a
national perspective, that is, “who states authorize to negotiate them, what roles various state
branches of government had in their formation, and what steps states took under their domestic law
to implement them.” Also see the essay, A Comparative Approach to Treaty Law and Practice
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=790926).
Sources of State Practice in International Law, 2nd Revised Edition, edited by Ralph F. Gaebler and
Allison A. Shea (https://www.worldcat.org/title/sources-of-state-practice-in-international-
law/oclc/884588256?referer=di&ht=edition).
Provides information related to treaty implementation and diplomatic activities of jurisdictions
around the world.
III. B. CUSTOMARY INTERNATIONAL LAW
Customary international law includes both state practice and opinio juris, a practice followed by a
state’s belief in its legal obligation to act in ways consistent with the rule of law.
Resources available for researching and identifying evidence of state practice and general principles of
law include compilations of state practice collected by country or subject area, and national law
materials. Due to the variety of publication practices among states in making documents and laws
15


available, an ad hoc research approach is usually required and may involve consulting both print and
electronic, and official and unofficial resources.
Digests and Yearbooks of International Law
Digests and yearbooks consist of a collection of documents, decisions, and legislative developments
related to international law for a particular country or topic. Societies of international law may
produce a journal that functions, in part, as a yearbook or digest of international law developments.
These titles may be released on yearly or more frequent basis. Representative examples of yearbooks
by states, international organizations, and topic are below.
African Yearbook of International Law

(https://www.worldcat.org/oclc/461318163?ht=edition&referer=di)
British Digest of International Law (http://www.worldcat.org/oclc/1575679&referer=brief_results)
German Yearbook of International Law (http://www.gyil.org/)
Netherlands Yearbook of International Law

(http://journals.cambridge.org/action/displayJournal?jid=NYL)
Polish Yearbook of International Law (http://www.inp.pan.pl/pyil/)
Palestine Yearbook of International Law (http://www.brill.com/publications/palestine-yearbook-

international-law)
Revue Hellénique de Droit international (http://www.hiifl.gr/?page_id=691&lang=en)
Digest of United States Practice in International Law (http://www.state.gov/s/l/c8183.htm)
Yearbooks of International Organizations UN Juridical Yearbook

(http://www.un.org/law/UNJuridicalYearbook/index.htm). Includes documentation concerning
legal developments of the UN and related intergovernmental organizations.
Yearbook of International Co-operation on Environment and Development (YBICED)

(http://www.fni.no/projects/ybiced.html)
Yearbook of the United Nations (http://unyearbook.un.org/)
Yearbook of Commercial Arbitration (www.kluwerarbitration.com/). Includes reporting on arbitral

awards and court decisions applying the leading arbitration conventions.
Selected digest and yearbook titles are also available on HeinOnline (www.heinonline.org).
Additional titles may be identified using OCLC WorldCat (www.worldcat.org/advancedsearch).
16


Compilations of State Practice - Topic
Resources collecting state practice on specific subject areas are increasingly available. Examples of
some of the many excellent web-based resources that identify and collect national laws on specific
topics are provided below.
Food Agricultural (FAOLEX) (http://faolex.fao.org) FAO is a database of national laws and

regulations on food, agriculture and renewable natural resources.
International Committee of the Red Cross (ICRC), National Implementation Database

(https://www.icrc.org/ihl-nat). Documents include constitutions, statutes, and case law of states
implementing international humanitarian law. Documents may be located by state and keyword.
English is used throughout the database, but some documents are in French and Spanish.
Sustainable Knowledge Platform (http://sustainabledevelopment.un.org/memberstates.html)

Member States to the Commission on Sustainable Development submit country profiles and
national assessment reports.
NATLEX (http://www.ilo.org/dyn/natlex/natlex_browse.home) The International Labour

Organisation (ILO)’s database provides access to national labor and social security legislation for 196
states.
World Intellectual Property Organization (WIPO) Lex (http://www.wipo.int/wipolex/en/index.jsp)

WIPOLex provides access to national laws, treaties, and other information on intellectual property.
For research guidance on topic-based resources see the specialized chapters of the Guide
(http://www.asil.org/resource/home.cfm).
Other National Law Resources
Researching national legal materials is necessary to identify implementing treaty legislation as well as
domestic judicial decisions concerning international law. Below are some initial resources for
researching common law and civil legal systems.
Foreign Law Guide (http://www.foreignlawguide.com/) Edited by Marci Hoffman, this

subscription-based resource identifies legal sources of codes, constitutions, and other legal materials
for other 170 jurisdictions.
Foreign Ministries (http://botw.org/top/Society/Government/Foreign_Ministries/) Documentation

of official state pronouncements, diplomatic notes and foreign policy, and coverage of developments
in international law and relations are often posted on the websites of government foreign affairs
offices. Links to selected foreign ministry sites is available at this ‘Best of the Web” listing.
17


Global Legal Information Network (GLIN)
As of mid-2014, GLIN is no longer available. Access to primary sources and other content may be
available through the Law Library of Congress, Guide to Law Online.
Globalex (http://www.nyulawglobal.org/globalex/index.html)Hosted by the Hauser Global Law

School Program at NYU School of Law, GlobaLex has research guides identifying primary and
secondary resources on legal systems from around the world.
Government Gazettes Online (http://www-

personal.umich.edu/~graceyor/doctemp/gazettes/index.htm) This resource from the University of
Michigan School of Information Science provides information on and links to official gazettes from
countries throughout the world.
N-Lex (http://eur-lex.europa.eu/n-lex/pri/pri_en.htm) N-Lex is a searchable database of national

laws of the member states of the European Union.
Oxford Constitutions of the World (http://oxcon.ouplaw.com/home/OCW) Formerly part of the

Oceana Law Online platform, this resource provides access to full-text national constitutions.
English-language translations and commentary from leading scholars is also provided.
World Legal Information Institute (WLII) (http://www.worldlii.org/)Provides access to legal

materials from many jurisdictions and regions including Africa, Asia, Australia, and the United
States.
World Legal Systems (University of Ottawa) (http://www.juriglobe.ca/eng/index.php) Provides a

good overview of legal systems throughout the world including civil law, common law, Muslim law,
and mixed legal systems. The site is available in Arabic, Chinese, English, French, Russian and
Spanish.
One approach to quickly identifying resources by jurisdiction is to consult one of the Citation
Guides referenced in this chapter of the Guide.
III. C. GENERAL PRINCIPLES OF LAW
General principles of law derive from state practice and possess a less definable character as compared
to other sources of international law. Classic examples of principles are equity, comity, fairness, and
good faith. Like customary international law, general principles develop over time and their
“identification, appraisal, content, ranking, enforceability, and applicability are the subject of
different scholarly and judicial perceptions,” see, Cherif Bassiouni, A Functional Approach to
General Principles of International Law, Michigan Journal of International Law, Vol. 1, pgs. 768-
818 (1989-1990). As characterized in 1963 by Marjorie Whiteman, a former US legal advisor:
“While international law is comparatively clear and definite in many of its aspects, in others it is
18


unclear and uncertain. It may be that a particular norm or principle, far from being its zenith, may
be either in its ascendancy or in its descendancy as international law. Further, the degree of
acceptance of a particular practice may vary within a particular period. “ See Whiteman, Digest of
International Law, Vol. 1, Preface III (1963)
(http://www.worldcat.org/oclc/4041817&referer=brief_results).
Given the evolving nature of general principles and customary international law, there is a less
discrete set of resources associated with researching this source of international law. Researchers may
look to some of the same resources used to research customary international law, i.e., official
government pronouncements and foreign policies, and ratification of multilateral treaties and
declarations. Scholarly writings on general principles are also an important resource, several titles
appear below.
Cheng, Bin, General Principles of Law Applied by International Courts and Tribunals
(http://www.worldcat.org/oclc/22678749?referer=di&ht=edition)
Schacter, Oscar, Theory and Practice of International Law

(http://www.worldcat.org/title/international-law-in-
theoryandpractice/oclc/22494153&referer=brief_results)
Dolzer, Rudolf and Christoph Schreuer, Principles of International Investment Law

(http://www.worldcat.org/title/principles-of-international-investment-
Additional discussion of principles is available in resources listed in sections IV. Texts and Journals
of this chapter. For guidance on researching topic-based areas of international law, consult the
specialized chapters of the ERG (http://www.asil.org/resource/home.cfm).
III. D. WRITINGS OF PUBLICISTS
The scope of the ICJ source of international law, “writings of publicists” includes authoritative
writings by well-regarded scholars and jurists. In addition to the examples presented below, authors
of some of the classic texts identified in section IV, Text and Treatises of this chapter may be
considered ‘publicists.’ Such writings may continue to be referenced in recent works for how well
the writer embraces a topic and decodes complex and nuanced themes in international law.
Institute of International Law, Institut de Droit International (http://www.idi-iil.org/) Founded in

Belgium in 1873, the Institute is a private, independent organization dedicated to the development
of international law. Information about its members, commissions, and adopted resolutions and
declarations is available. The website is available in English and French; some of the earlier
resolutions are available in French only.
19


International Law Association (http://www.ila-hq.org/) Founded in Brussels in 1873, the
International Law Association (ILA) is an international organization devoted to the study and
development of public and private international law. ILA branches are located throughout the world.
Information about events including the biennial meeting is available from this website. ILA also
makes available the ILA Conference Reports and works of current and former Committees
(http://www.ila-hq.org/en/committees/index.cfm) and study groups (http://www.ila-
hq.org/en/committees/study_groups.cfm).
Recueil des Cours, Collected Courses of the Academy of International Law

(http://www.hagueacademy.nl) Published since 1923, the Recueil des Cours or Collected Courses of
the Hague Academy of International Law contain the lectures presented by international legal
scholars and practitioners at the Peace Palace in The Hague. The Peace Palace Library has an
electronic index of the Courses and is searchable by year, title word, author, and keyword
(http://www.peacepalacelibrary.nl/collection/e-resources/recueil-des-cours/). An electronic version
of the courses is available from the publisher, Brill Martinus Nijhoff
(hagueacademy.brillonline.com/main) and is also covered in HeinOnline’s digital collection
(http://www.heinonline.org).
There are also institutes devoted to studying specific areas of national law. Examples of national
institute projects with an international law focus are listed below.
American Law Institute (ALI) (http://www.ali.org/) The American Law Institute is a scholarly,
independent organization in the United States which is most known for its Restatements of US law
including, The Restatement of the Law on Foreign Relations
(http://www.ali.org/index.cfm?fuseaction=publications.ppage&node_id=33). Tentative drafts are
prepared as part of the drafting cycle of restatements
(http://www.ali.org/index.cfm?fuseaction=projects.drafting). A cumulative supplement of case
citations is released annually. Currently under development is The Restatement of Law on
International Commercial Arbitration
(http://www.ali.org/index.cfm?fuseaction=projects.proj_ip&projectid=20).
European Law Institute (ELI), (http://www.europeanlawinstitute.eu/) Established in 2011, one of

the aims of the European Law Institute is to facilitate research projects on European law involving
collaboration between jurists, academia, and practitioners. Council-approved project results and ELI
Statements are available on the website.
For additional resources, see section V. Other Resources in this chapter.
III. E. JUDICIAL DECISIONS
Judicial decisions are a ‘subsidiary’ source for identifying evidence of customary law under ICJ
Statute Art. 38. International courts may be established by treaty or created ad hoc through
20


agreement between a government and state to adjudicate specific disputes.
Court websites are a reliable resource for locating full text decisions, rules of court, judicial
biographies, current awareness, and other materials. Print reporters may also be available and
researchers may need to consult both formats if there are differences in content, i.e., digest or full
text versions, access to accompanying maps, or other information. Texts featuring commentary on
judicial decisions are also available, for example see, Landmark Cases in International Law by Eric
Heinz and M. Fitzmaurice (http://www.worldcat.org/oclc/22678749?referer=di&ht=edition).
The World Court
The International Court of Justice (ICJ) (http://www.icj-cij.org/), also known as the World Court, is
located in The Hague, Netherlands and was established in 1946 to replace the Permanent Court of
International Justice (PCIJ). The ICJ is the principal judicial body of the UN and hears contentious
cases by states agreeing to its jurisdiction. A majority of the cases involve territorial disputes, though
other substantive areas are represented in its jurisprudence. The Court also issues advisory decisions
at the request of selected UN bodies.
World Court Digest

(http://www.mpil.de/en/pub/research/details/publications/archive/wcd.cfm)
Provided by The Max Planck Institute for Comparative Public Law and International Law, this
resource is a searchable digest of judgments, advisory opinions, and orders of the ICJ. Information
on jurisdiction, procedure, and individual judges of the ICJ is also provided.
Arbitral Courts, Tribunals and Panels
Among the many arbitral courts is the Permanent Court of Arbitration (PCA) (http://www.pca-
cpa.org/) established by the 1899 Convention for the Pacific Settlement of International Disputes.
The PCA provides dispute resolution services to states, organizations, and private parties. For
guidance on researching arbitration and economic law see chapters on International Commercial
Arbitration (http://www.asil.org/resource/arb1.htm) and International Economic Law
(http://www.asil.org/resource/iel1.htm) chapters in this Guide.
International Tribunal of the Law of the Sea (ITLOS) (http://www.itlos.org/) The ITLOS website
contains information about the tribunal established by the UN Convention on the Law of the Sea
(UNCLOS). Proceedings, judgments, basic texts, documents, and news updates are available from
the website. For more detailed research on this topic, see the chapters on the Law of the Sea
(www.asil.org/erg/?page=los) and International Environmental Law in this Guide
(http://www.asil.org/env1.cfm).
Criminal Courts and Military Tribunals
21


The web sites of temporary courts like the International Criminal Tribunal for the Former
Yugoslavia (ICTY) (http://www.un.org/icty/index.html), the International Criminal Tribunal for
Rwanda (ICTR) (http://www.un.org/ictr/) have basic legal documents, judgments, press releases and
information about publications. For more information about international criminal law research see
the International Criminal Law chapter (http://www.asil.org/crim1.cfm) and International
Humanitarian Law (http://www.asil.org/ihl1.cfm) chapters of this Guide.
Human Rights Courts
Cases regarding human rights violations are presented before various regional courts and UN bodies
including the European Court of Human Rights
(http://www.echr.coe.int/Pages/home.aspx?p=home&c=), the Human Rights Committee
(http://www2.ohchr.org/english/bodies/hrc/index.htm), and the Inter-American Court of Human
Rights (http://www.cidh.oas.org/DefaultE.htm). For more detailed information on researching
human rights, see the Human Rights chapter of this Guide (http://www.asil.org /humrts1.cfm).
In addition to individual international court and tribunal web sites, several resources provide
coverage of more than one court.
International Law Reports (ILR) (http://www.justis.com/data-coverage/international-law-

reports.aspx) Prepared at the Lauterpacht Centre for International Law, the ILR includes English
translations of decisions of international courts, arbitral awards, and judgments of national courts.
The collection covers boundary disputes, state and diplomatic immunity, refugee law, and other
areas of dispute settlement. The Annual Digest and Reports of Public International Law Cases, Vol.
1 (1919-22) through Vol. 16 (1949) is the predecessor series to ILR. Subscription is required.
Oxford Reports on International Law (www.oxfordlawreports.com) Coverage includes international

law in domestic courts, human rights law, international investment claims, and other topics. The
Oxford Law Citator provides links to related reports, full text documents, and commentary.
Subscription is required.
WorldLII: International Courts & Tribunals Project (http://www.worldlii.org/int/cases/) WorldLII

is an open access collection of decisions for over 20 international, regional, and multi-national courts
and tribunals. Coverage of decisions for the various courts varies but is usually from the inception of
the court and content is updated regularly.
2. National Courts
Resources on the role of judicial decisions may be found in library catalogs under the following
subject headings: municipal law, domestic law and national law. For resources that provide
information on accessing decisions of domestic courts see the section III.B., Customary International
Law in this chapter of the Guide.
22


Representative texts helpful for background on municipal law include the Role of National Courts in
the International Legal Process in Rosalyn Higgins, International Law and How We Use It,
(http://www.worldcat.org/oclc/28926148&referer=brief_results) and International Decisions in
Domestic Courts, by Thomas Frank and Gregory Fox
Case Reports
International Law in Domestic Courts (ILDC) (http://ildc.oxfordlawreports.com/about#aboutildc)

ILDC is a searchable database of full-text decisions and commentary for over 65 jurisdictions.
Topics include human rights, jurisdiction, the law of treaties, and many others.
Judgments of national courts are also part of the coverage in International Law Reports (ILR)
(http://www.lcil.cam.ac.uk/publications/international-law-reports). An online version of this title is
available on Justis.
III. F. NON-LEGALLY BINDING INSTRUMENTS
Intergovernmental organizations (IGOs) and nongovernmental organizations (NGOs) have an

increasingly visible role in the international law making process. Although the work product of
international organizations is not identified as a source of international law within the framework of
the ICJ Statute, Article 38, the ICJ’s 1949 advisory opinion, Reparations for Injuries Suffered in the
Service of the United Nations, is often referred to as establishing international organizations as actors
having legal personality status and capacity to bring an international claim (http://www.icj-
cij.org/docket/index.php?p1=3&p2=4&code=isun&case=4&k=41).
The practice of international organizations may include amicus court briefs, fieldwork reports, and
development of non-legally binding documents that may serve as precursor documents leading to
treaty instruments. Examples of non-legally binding instruments are provided below.
The Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of
Outer Space, December 13, 1963
(http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/1962(XVIII) is an example of a soft law
instrument that was the basis for the multilateral Outer Space Treaty
(http://untreaty.un.org/cod/avl/ha/tos/tos.html).
The Declaration on the Elimination of All Forms of Discrimination Against Women, November 7,
1967. The declaration served as the basis for the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), December 18, 1979. A chronological listing of these
and other preparatory documents is available on the UN website
(http://www.un.org/womenwatch/daw/cedaw/history.htm).
Helsinki Rules on the Uses of Waters of International Rivers, August 1966
23


(http://www.internationalwaterlaw.org/documents/intldocs/helsinki_rules.html) The Helsinki Rules
on the Uses of International Rivers, adopted by the International Law Association is among the
documents contributing to the development of rules for international law policy
(http://www.internationalwaterlaw.org/documents/intldocs/).
For more detailed research guidance on international organizations see other chapters of the Guide
including International Organizations (http://www.asil.org/intorg1.cfm), European Union,
(http://www.asil.org/eu1.cfm) and United Nations (http://www.asil.org/un1.cfm).
IV. TEXTS AND JOURNALS
Secondary resources are an excellent way to gain a deeper understanding of a particular area or issue
in international law. Journal articles provide useful coverage of new and emerging developments in
international law.
Depending on the researcher’s familiarity with the subject area, texts may be consulted at different
times during the research process. For researcher’s new to a particular area of international law, texts
are especially useful as an initial step in the research process. For experienced practitioners, texts serve
as a repeatedly-used reference resource throughout the research process. Examples of both classic and
contemporary works are listed below.
General Texts
Brownlie, Ian Principles of Public International Law

Cassese, Antonio International Law (http://www.worldcat.org/oclc/46694779&referer=brief_results)
Dupuy, Pierre Marié, Droit International Public

Malanczuk, Pieter, Akehurst’s Modern Introduction to International Law

L. Oppenheim, Oppenheim’s International Law

Shaw, Malcolm, International Law (http://www.worldcat.org/title/international-

Classic texts of international law include: J.L. Brierly, The Law of Nations, Hugo Grotius, De Jure
Belli ac Pacis, and Louis Henkin, How Nations Behave. There are also some wonderful nutshell-style
books that provide the researcher with a brief overview of international law, for example, see David
Bederman, International Law Frameworks and Public International Law by Thomas Buergenthal
24


and Sean Murphy.
For researching historical developments in international law see texts by Nussbaum’s, A Concise
History of International Law, and Jan Hendrick Willem’s, Verzijl International Law in Historical
Perspective (http://www.worldcat.org/oclc/448285&referer=brief_results)
Additional authoritative texts may be found using OCLC WorldCat

(http://www.worldcat.org/advancedsearch). The websites of publisher’s specializing in international
law content are also important sources for identifying new texts and other resources. A
representative list of some of the leading publishers in the field of international law is provided
below.
T.M.C. Asser Press (http://www.asser.nl/)
Brill Martinus Nijhoff (http://www.brill.nl/)
Bruylant (http://www.bruylant.be/)
Cambridge University Press (http://www.cambridge.org/)
Editions A. Pedone (http://www.pedone.info/)
Hart Publishing (http://www.hartpub.co.uk/)
Oxford University Press (www.oup.com)
Wolters Kluwer (http://www.kluwerlawonline.com/)
Digital Collections
Examples of digital collections are listed below.
Gale, The Making of Modern Law (http://www.gale.com/ModernLaw/) The Foreign, Comparative

and International Law archive includes full-text English language legal texts from the 19th and 20th
century. The collection has casebooks, municipal practice manuals, pamphlets, letters and speeches
and other works on international law authored by Grotius, Marten, Vattel, Wharton and many
others.
HeinOnline, Foreign and International Law Resource (FRILD) (http://www.heinonline.org/) This

collection includes a variety of international law resources such as digests, yearbooks, law reviews,
and selected judicial and arbitral reports.
HeinOnline, Legal Classics Library (http://www.heinonline.org) Many earlier legal texts have been
digitized by Hein including Classics of International Law, edited by James Brown Scott.
25


United Nations Audiovisual Library (http://www.un.org/law/avl/) In addition to
audiovisual clips of leading scholars presenting on various topics of international law, there is also a
research library of articles, documents, and other materials.
Festschriften and Liber Amicorum. A published collection of essays written by various authors to
honor a distinguished jurist or memorialize a significant event in international law is referred to as
Liber Amicorum or Festschriften. The following resources help provide access to these collections.
Please note the scope of content and dates of coverage.
The Index of Common Law Festschriften

(http://www.library.auckland.ac.nz/databases/alt/festschrift/) Developed at the University of
Auckland, New Zealand, this database provides article level indexing of over 4,500 essays written in
honor of a distinguished jurist, legal practitioner or scholar. The collection is limited to English
language and selected common law jurisdictions and searchable by subject, essay author or honoree.
Coverage is from 1888-2005.
Index to Foreign Legal Periodicals (IFLP) is available on HeinOnline (http://www.heinonline.org).

Festschriften are among the legal publications included in the IFLP. Coverage is from 1960 to
present and is updated regularly.
Public International Law, Concordance of the Festschriften by Peter Macalister-Smith and Joachim
Schwietzke. This index to festschriften is organized by honoree and subject
(http://www.worldcat.org/title/public-international-law-concordance-of-the-festschriften-droit-
international-public-concordance-des-melanges-volkerrecht-
festschriftenkonkordanz/oclc/898172606?ht=edition&referer=di).
Journal Collections
There are several journal collections available for international law content. Note that some journal
titles may have embargo periods that limit access to current content.
HeinOnline (http://heinonline.org/) HeinOnline has an extensive collection of foreign and

international law journal titles. Subscription is required.
Index to Foreign Legal Periodicals (IFLP) (http://www.law.berkeley.edu/library/iflp/) Produced by

the American Association of Law Libraries (AALL) and the Berkeley Law Library, University of
California, IFLP is a multilingual index to articles and book reviews from journals, yearbooks, and
festschriften. Coverage is from 1960 to present and is available on HeinOnline
(http://www.heinonline.org).
26


JSTOR (http://jstor.org) JSTOR hosts a cross-disciplinary collection of scholarly journals in law,
humanities, social sciences, and other areas. Subscription is required.
Lexis (http://www.lexis.com/) and Westlaw (http://westlaw.com) have good collections of general

and international law reviews. Subscription is required. The newer platforms for these resources are
LexisAdvance (http://www.lexisnexis.com/en-us/products/lexis-advance.page) and WestlawNext
(http://legalsolutions.thomsonreuters.com/law-products/westlaw-legal-research), respectively.
Social Science Research Network (SSRN) (http://www.ssrn.com) SSRN features advance publication
of scholarly articles. The Legal Scholarship Network is one of several subject-based repositories
(http://www.ssrn.com/lsn/index.html). Registration is required and some articles may require a
downloading fee.
Educational institutions offering coursework in international law may also publish journals in
specific topic areas. Washington & Lee University maintains an extensive list of Law Journals
(http://lawlib.wlu.edu/LJ/index.aspx?country=All%20Countries&subject=International+Law) from
institutions and organizations around the world.
For information on identifying journal titles unique to a particular area of international law see the
individual chapters of the Guide (http://www.asil.org/erghome.cfm)
V. INSTITUTIONS AND ORGANIZATIONS
Several organizations and institutions sponsor activities, publications, and other resources on
international law. Papers from lectures and course offerings may also be available. The published
proceedings of international conferences and meetings are good resources for discussion of current
developments in international law.
Hague Academy of International Law, (http://www.hagueacademy.nl/) In addition to the Recueil

des Cours, a series of student papers presented at The Hague Academy is available. See the titles
listed under publications Centre for Studies and Research in International Law and International
Relations, Centre d'étude et de recherche de droit international et de relations internationale
(http://www.hagueacademy.nl/?centre-for-studies-and-research-in-international-law-and-
international-relations).
International Law Students Association (ILSA) (http://www.ilsa.org) Information about events

including conferences and the Jessup Competition is available at this web site. ILSA sponsors
publication of The ILSA Journal of International and Comparative Law, the International
Practitioner's Notebook, and ILSA Quarterly. HeinOnline has a Philip C. Jessup Library that
includes the briefs from past year competitions.
Lauterpacht Centre for International Law (http://www.lcil.cam.ac.uk/) In addition to publications
27


like International Law Reports (ILR) (http://www.lcil.cam.ac.uk/publications/), Lauterpacht is well
known for its projects on State Responsibility
(http://www.lcil.cam.ac.uk/projects/the_ilcs_work_on_state_responsibility.php) and Customary
International Humanitarian Law (http://www.lcil.cam.ac.uk/projects/cihl_project.php)
Max Planck Institute for Comparative Public Law and International Law
(http://www.mpil.de/ww/en/pub/research/profile/topics.cfm)
A variety of electronic offerings are available from the Max Planck Institute located in Hamburg,
Germany. See especially, the Encyclopedia of Public International Law
(http://www.mpil.de/ww/en/pub/research/details/publications/institute/epil.cfm), The World Court
Digest, and a Bibliography of Public International Law
(http://www.mpil.de/ww/en/pub/library/catalogues_databases/doc_of_articles/pil.cfm). There is
also the Zeitschrift fur auslandisches offentliches Recht and Volkerrecht (Heidelberg Journal of
International Law) 1929 - ) (http://www.hjil.de/) and the Journal of the History of International
Law (http://www.mpil.de/ww/en/pub/research/details/publications/institute/jhil.cfm).
Peace Palace Library, Bibliotheek Vredespaleis (http://www.peacepalacelibrary.nl/) Several resources

are available from this site which draws from its extensive collection of international law materials
located in The Hague, Netherlands. Useful finding tools include select bibliographies, recent
acquisitions lists, and alerts. The Grotius Collection, named in honor of 17th century international
law scholar Hugo Grotius, is also available. Research guides provide narrative descriptions of
international law topics and link to relevant titles in the Peace Palace library collection.
Swiss Institute for Comparative and International Law (http://www.isdc.ch/en/institut.asp/4-0-

10000-5-4-1/) Publications and other materials are available at this site, searchable in French,
German, Italian, and English.
United Nations, Dag Hammarskjöld Library (http://www.un.org/Depts/dhl/)

The Library's web site provides links to UNBISnet (the UN Bibliographic Information System),
documents alerts, guides, and special subject resources.
WorldCat (http://www.worldcatlibraries.org/)
The Online Computer Library Center (OCLC) in Dublin, Ohio is a nonprofit, membership, library
computer service and research organization. Researchers may search the WorldCat online catalog of
materials held by OCLC member libraries to identify titles located in a particular geographic area.
Societies of International Law
Scholarly and professional organizations often produce publications and sponsor conferences on
international law. Examples include the American Society of International (http://www.asil.org/),
the European Society of International Law (http://www.esil-sedi.eu/), and the Indian Society of
28


International Law (http://www.isil-aca.org/index.htm).
Swiss Institute for Comparative and International Law (http://www.isdc.ch/en/institut.asp/4-0-

10000-5-4-1/) Publications and other materials are available at this site, searchable in French,
German, Italian, and English.
United Nations, Dag Hammarskjöld Library (http://www.un.org/Depts/dhl/) The Library's web site
provides links to UNBISnet (the UN Bibliographic Information System), documents alerts, guides,
and special subject resources.
WorldCat (http://www.worldcatlibraries.org/) The Online Computer Library Center (OCLC) in

Dublin, Ohio is a nonprofit, membership, library computer service and research organization.
Researchers may search the WorldCat online catalog of materials held by OCLC member libraries to
identify titles located in a particular geographic area.
VII. RESEARCH GUIDES
Additional research guides on international law are listed below and are very useful in providing
research guidance and identifying specific titles and resources of interest.
Peace Palace Library Research Guides

(http://www.peacepalacelibrary.nl/research-guides/)
Treaties Research, Johns Hopkins School of Advanced International Studies

(libguides.sais-jhu.edu/content.php?pid=63775&sid=470650)
Researching Customary International Law and Generally Recognized Principles (University of

California – Berkeley) (http://www.law.berkeley.edu/library/classes/iflr/customary.html)
Researching Public International Law (Columbia Law School Arthur W. Diamond Library)
(http://library.law.columbia.edu/guides/Researching_Public_International_Law)
À la Recherche des Travaux Préparatoires: An Approach to Researching the Drafting History of

International Agreements (Globalex)
(http://www.nyulawglobal.org/globalex/Travaux_Preparatoires1.htm)
VI. CITATION GUIDES AND DICTIONARIES
The resources listed in this section require periodic revision to reflect new resources in international
law. Many of these titles are available in both print and electronic format.
Citation Guides
29


In addition to providing guidance on proper citation form for legal writing, these guides also identify
primary and secondary resources for a particular legal system or jurisdiction.
AWLD Guide to Legal Citation (http://www.alwd.org/publications/citation-manual/)

This online citation manual is developed by the Association of Legal Writing Directors (AWLD).
The Bluebook: A Uniform System of Citation (http://www.legalbluebook.com)

Prepared by the law review editorial staffs from several academic institutions in the U.S., the
Bluebook is the leading citation manual for U.S. law schools. Citation form is available for
international materials and jurisdictions throughout the world. An online edition is also available.
Cardiff's Guide to Legal Abbreviations (http://www.legalabbrevs.cardiff.ac.uk/)

This resource provides information on abbreviations for case law reports, periodicals, selected
legislative publications and textbooks for over 295 jurisdictions. English and foreign language legal
publications are covered as well as many international and comparative law titles.
Google Book Search (http://books.google.com/advanced_book_search)

Google Book Search allows the researcher to confirm citation of short passages found in selected
book titles.
Guide to Foreign and International Legal Citation, New York University School of Law,
(http://www.worldcat.org/title/guide-to-foreign-and-international-legal-citations/oclc/610769119)
Formerly known as the International Citation Manual, this guide provides a description of legal
systems for selected countries and identifies websites for legislation, courts, texts, articles, and official
publications. Sections on international organizations and international courts are also included.
Oxford Standard for Citation of Legal Authorities (OSCOLA)

(http://www.law.ox.ac.uk/publications/oscola.php)
Citation of international law is included in OSCOLA 2006.
Dictionaries
The following resources also provide extended explanations of terms in international law as applied
in historical and current contexts.
Boczek, Boleslaw Adam International Law Dictionary

(http://www.worldcat.org/oclc/56111661?referer=di&ht=edition) In addition to in-depth
definitions of international law terms, there is a chronology of international law events, table of
cases, glossary and bibliography of resources.
Fox, James R., ed., Dictionary of International and Comparative Law

30


Grant, John P. and J Craig Barker, Encyclopedic Dictionary of International Law
((http://www.worldcat.org/title/encyclopaedic-dictionary-of-international-
law/oclc/503579127&referer=brief_results). This resource was formerly edited by Clive Parry and
John Grant.
VIII. TRANSLATION RESOURCES
To the extent they are accessible and affordable, it is important for the researcher to seek out official
or authoritative translations of primary and secondary international law documents and texts. Some
publications may include a translated abstract or summary of the document. Another option is to
identify compilations of documents available in selected topic areas that may include translations of
selected materials.
Many of the pre-World War II texts in international law were available in French and may not have
versions available in other languages. Documents of international organizations are often translated
into one or more languages. Texts and other resources of the UN are often available in the six
languages of the UN: Arabic, Chinese, English, French, Russian, and Spanish.
For instances when a translated version of a resource is not available, a researcher may consider
engaging a translation service to perform the translation, though these services are often costly and
very time consuming. Internet-based translation tools provide researchers with a low or no-cost
alternative for translating documents. While these tools may not yet be considered completely
reliable, especially for lengthy analytical pieces, they can be helpful for understanding brief passages
from texts and documents. Some Internet web browsers recognize a web page that is in another
language and conveniently prompt the user to access the browser’s translation tool. Examples of
Internet translation tools include the following:
Bing Translator (https://www.bing.com/translator/)
Google Language Tools (http://www.google.com/language_tools?ht=en)
SDL FreeTranslation (http://www.freetranslation.com/)
Systran (http://www.systransoft.com/)
WorldLingo (http://www.worldlingo.com/en/products_services/worldlingo_translator.html)
Examples of fee-based and open access multilingual dictionaries are listed below.
IATE- Inter-Active Terminology for Europe (http://iate.europa.eu/iatediff)

Administered by the Translation Centre for the Bodies of the European Union, IATE is a
multilingual database of abbreviations and phrases in the languages for member countries of the EU.
31


A diverse range of subject areas includes economic policy, international law and relations, and
international organizations.
Oxford Language Dictionaries (http://www.oxfordlanguagedictionaries.com/)

The Oxford two-way bilingual dictionaries provide translations of words and phrases to and from
English to several different languages including Chinese, French, German, Italian, Russian, and
Spanish. Subscription is required.
Ultralingua (http://www.ultralingua.com/onlinedictionary/dictionary)
French, German, Latin, Portuguese and Spanish are among the languages available for translation of
terms and phrases. Open and subscription-based levels of access are available.
IX. CURRENT AWARENESS RESOURCES
Resources that monitor developments in international law include electronic newsletters, blogs, and
other resources. Most international organizations and international court web sites support an
electronic alert or RSS feature. Book reviews in journals of international law are also good resources
for information on new scholarship. Below are some of the offerings providing international law
content.
ASIL Insights (http://www.asil.org/insights.cfm) Current developments in international law are

featured in this electronic newsletter provided by the American Society of International Law.
Council on Foreign Relations (http://www.cfr.org)

The Council on Foreign Relations provides coverage of new developments in international and
foreign relations.
International Law in Brief (ILIB) (http://www.asil.org/blogs/ilib?blog=81) Developed by the editors

of International Legal Materials, this newsletter includes a brief description of documents associated
with new developments in international law. Content includes treaties, resolutions, judicial
decisions, legislation, and other documents of interest.
International Law Reporter (http://ilreports.blogspot.com/) This blog features updates on new

publications including law journals, yearbooks and newly released texts.
Opinio Juris (http://www.opiniojuris.org/) This blog features frequent posts on current issues in
international law and a searchable archive of prior postings. An extensive list of other international
law blogs is also provided.
To explore a topic in greater depth and detail, consult the specialized chapters of the ERG
(http://www.asil.org/resources/electronic-resource-guide-erg).
32


*
Kelly Vinopal is a Research Librarian at Crowell & Moring, LLP, an international law firm
headquartered in Washington, DC. In 2004-2010 she was the Director of Information Resources
for the American Society of International Law (ASIL) where she oversaw the Society’s collection of
international law materials and electronic resources and was Project Director of the Electronic
Information System for International Law (EISIL) and the ASIL Guide to Electronic Resources for
International Law.
Kelly’s previous positions were Senior Reference Librarian at Dickstein Shapiro and Reference
Librarian at Georgetown University Law Center Library. She has designed and taught seminars in
legal research methods, the Internet, and participated in “AALL Bridge the Gap” programs to
introduce students to practice-oriented research. Through her association with the American
Association of Law Libraries (AALL) and the Librarians Society of Washington, DC (LLSDC) she
has served in various leadership roles and, education and scholarship activities. She received her B.A.
degree from the University of Nebraska – Lincoln and her M.L.I.S. from Texas Woman’s
University. Kelly is also a member of International Association of Law Libraries.
33

e-RG
United Nations
John Heywood
This page was last updated September 27, 2013.
T
levels.

2
I. Introduction
II. Research Approaches and Methodology
III. UN Official Internet Sites
IV. UN Documents and Resolutions
V. International Courts and Tribunals
VI. Bibliographic Resources, Journal Indexes and Databases
VII. Related Associations and Organizations
VIII. Libraries and Research Centers
IX. Research Guides
X. UN Document Numbering and Classification
XI. Other Electronic Resources
XII. Statistics and Other UN Information
XIII. Current Developments Resources
I. Introduction
The United Nations (UN) Chapter of the ASIL Electronic Resources for International Law provides an
overview of resources for performing UN-related research. The increasing availability of primary
source documents and other information on official web sites of the UN has allowed researchers to
conduct a significant amount of current and historical research using the Internet. Because of the
value of secondary resources in providing important background, analysis, and citation information
to access web based materials effectively, some mention of these titles is also included in this chapter.
The United Nations is an international organization formed after World War II in 1945 to promote
international peace, security, and cooperation under the terms of the Charter of the United Nations
(http://www.un.org/en/documents/charter). Originally signed by 51 founding countries, there are
3
currently 193 Member States to the UN Charter (http://www.un.org/en/members). The predecessor

organization to the UN is The League of Nations established in 1919 by the Covenant of the League
of Nations(http://avalon.law.yale.edu/20th_century/leagcov.asp). Additional information on these
founding documents is provided in Section IV of this chapter.
II. Research Approaches and Methodology
UN research requests may involve obtaining a copy of a recent UN resolution, acquiring background
information on the UN’s position on a particular issue, or obtaining information on voting practices
of a particular Member State. Considering which agency or organ may have issued the material is an
important step in accessing the needed information. Like other forms of international legal research,
use of secondary sources will increase the researcher’s awareness and understanding of the organ’s
structure and function and, also likely identify citations to primary documents saving the researcher
time in locating needed material.
Another important component to keep in mind when performing UN research is that given the
UN’s interaction with events in the world, the researcher has numerous sources outside of traditional
legal or UN-specific options to consider. In addition to texts and treatises on the individual organs
or on a particular UN-related subject area, news and public affairs information are also important
research sources. Lastly, attention to currency of documents and other materials is critical when
completing any research project. Documents may be amended or earlier versions may still be of
interest. Although there may be some duplication of effort, a researcher may want to consult several
sources to ensure their work is current as of a particular date.
III. UN Official Internet Sites
The list of official UN websites has grown substantially over the years. The sites listed below are a
limited, representative selection of the most important official sites. These are also good places to
begin researching legal and current affairs issues involving the UN.
A. General
These sites are important sources for learning more about the overall structure of the UN System,
activities of the various organs, and providing background information. Some of these sites are
designed to help direct the researcher to more specific agencies or programs.
1. United Nations Home Page (http://www.un.org/) Maintained by the UN Department of Public

Information, this site is a good starting point if one has not already identified a more specific
information resource. Many of the sources described in this chapter are accessible from the UN’s
Home Page including the UN Documentation Centre (http://www.un.org/en/documents/) for texts
4
of resolutions of the major bodies (the General Assembly, Security Council, Economic and Social
Council, and the Secretariat), and a United Nations Documentation: Research Guide
(http://research.un.org/en/docs/), The UN makes its pages available in the six official languages of
the UN: Arabic, Chinese, English, French, Russian, and Spanish.
2. International Law Page of the UN Home Page (http://www.un.org/en/law/) This page is part of
the official UN Home Page provided by the Department of Public Information, but it is listed
separately here to draw attention to this important section. It leads to materials specifically relevant
to international law, such as UNCITRAL materials (http://www.uncitral.org/), the International
Law Commission(http://www.un.org/law/ilc/index.htm), Oceans and Law of the Sea materials
(http://www.un.org/Depts/los/index.htm), and the International Court of Justice (http://www.icj-
cij.org/).
3. Organization Chart of the United Nations

(http://www.un.org/en/aboutun/structure/org_chart.shtml) This organization chart of UN System
provides a visual listing of and direct links to principal organs, programmes, specialized agencies,
commissions, and related organizations of the UN.
4. United Nations System Directory (http://www.unsceb.org/directory) This comprehensive

content and website finding aid is a great place to start research. This resource initially displays a
directory of official UN and related organization websites arranged structurally. The directory may
also be displayed alphabetically. In addition, the Bookmarks tab displays UN web content
categorized by type (e.g., statistics, annual reports, etc.). Finally, the Social Media tab links to UN
social media feeds (e.g., webcasts, podcasts, Twitter, Facebook, Google+, Flickr, etc.).Available in
English only.
B. UN Treaty Internet Sites
UN Members States are required to register all treaties and international agreements with the
Secretariat, Office of Legal Affairs (UN Charter, Art. 102). In addition to the UN Treaty Database
there are several useful resources provided by the UN Treaty Section of the Office of Legal Affairs.
1. United Nations Treaty Collection (http://treaties.un.org/) The Treaty Collection provides access
to the full text of over 50,000 bilateral and multilateral treaties contained in the United Nations
Treaty Series (UNTS). UN treaty documents contain reservations, declarations, notifications and
objections to particular treaties. Use of a basic or advanced search option is available to search by
subject, participant, or title. Entry into force and registration date, status, and signature and
ratification information is provided.
2. Status of Multilateral Treaties deposited with the Secretary-General
5
(http://treaties.un.org/pages/ParticipationStatus.aspx) Updated daily, this resource provides status

information of over 500 multilateral treaties deposited with the Secretary-General.
3. Treaty Reference Guide

(http://treaties.un.org/Pages/Overview.aspx?path=overview/treatyRef/page1_en.xml) This Guide
contains definitions of key terms used in the UN Treaty Collection and also a glossary of basic terms
relating to treaty actions
(http://treaties.un.org/Pages/Overview.aspx?path=overview/glossary/page1_en.xml).
4. UN Treaty Series Cumulative Index, covering volumes 1-2500

(http://treaties.un.org/Pages/CumulativeIndexes.aspx) Available in English and French. The Official
Record of activities reported to the General Assembly is posted here.
5. Travaux Preparatoires. The drafting or negotiating history associated with a specific UN

Conference is available for selected UN instruments and may be identified using UN-I-QUE:
United Nations Info Quest (http://lib-unique.un.org) or ODS (http://documents.un.org/).
Preparatory documents may also be available on the website of the treaty secretariat or international
organization. The International Law Commission (ILC) Yearbook is one source for documents
prepared in the ILC's work in drafting specific conventions (http://www.un.org/law/ilc/).
Also of interest to the researcher are articles focusing on various developments in UN treaty practice.
A recent example is Some Notable Developments in the Practice of the UN Secretary-General as
Depositary of Multilateral Treaties: Reservations and Declarations, authored by Palitha T.B. Kohona,
Chief, Treaty Section, Office of Legal Affairs, United Nations, 99 AJIL 433 (2005)
(http://www.jstor.org/stable/1562508). Other articles may be identified using Bibliographic
Resources, Journal Indexes and Databases. For more information on treaty research including
resources for non-UN treaties see the Treaties chapter (http://www.asil.org/erg/?page=treaties) of this
Guide.
C. Official UN Sites of Interest by Topic
Another approach to navigating UN resources on the Internet is by topic or subject area.
1. Development (http://www.un.org/en/development/) Includes information on the role of the

various principal organs, regional commissions, and research institutes in advancing this central
mandate of the UN.
2. Global Issues (http://www.un.org/en/globalissues/) Provides an alphabetical list of links, key

documents (primary documents, reports, statistics), events, UN System partnerships, and speeches.
6
3. Human Rights (http://www.un.org/en/rights/) For additional information and guidance on

Human Rights research see the International Human Rights chapter of this Guide
(http://www.asil.org/erg/?page=ihr).
4. Humanitarian Affairs (http://www.un.org/en/humanitarian/) Provides information on refugees,

disaster relief, and other humanitarian assistance.
5. Law of the Sea (http://www.un.org/Depts/los/index.htm) This page contains information from

the Division for Ocean Affairs and the Law of the Sea and includes the Convention on the Law of
the Sea, information related to the convention, such as status, reports, and much more information.
Also see the chapters on the Law of the Sea (http://www.asil.org/erg/?page=los) and International
Environmental Law in the Guide (http://www.asil.org/erg/?page=ienvl)
6. Peace and Security (http://www.un.org/en/peace/) Of particular interest from this page is United
Nations Peacekeeping (http://www.un.org/en/peacekeeping/) and Current Peacekeeping Operations
(http://www.un.org/en/peacekeeping/operations/current.shtml).
IV. UN Documents and Resolutions
The UN Charter, Universal Declarations of Human Rights, Statute of the International Court of
Justice, and various treaties and conventions are among the founding documents of the United
Nations. Researchers should be aware that although many of these documents are available
electronically, the Official Record of a particular governing body, consisting of meeting records,
resolutions and decisions, and reports of major committees remains the official source for citation.
A. Founding Documents
1. Charter of the United Nations (www.un.org/en/documents/charter/) Numerous texts, treatises,

and articles on the UN Charter are available from this website.
a. Repertory of Practice of United Nations Organs http://www.un.org/law/repertory/) Provides a

summary of decisions by the principal organs of the UN. Information and analysis on individual
Articles of the UN Charter is also available.
b. Special Committee on the Charter of the United Nations and on the Strengthening of the Role of
the Organization (http://www.un.org/law/chartercomm/) An Ad Hoc Committee to consider
proposals and suggestions on effective functioning of the UN was established at the end of the 29th
session (1974) of the UN General Assembly. This web site provides information on the Special
Committee, its earlier and current mandate, and provides links to resolutions, instruments, and
reports that are the work product of the Committee. Also see, Report of the Special Committee on the
7
Charter of the United Nations and on the Strengthening of the Role of the Organization, UN Doc.
A/50/33 (1995) and GA Res. 50/52 (Dec. 11, 1995).
c. History of the League of Nations

(http://www.unog.ch/80256EE60057D930/(httpPages)/8C989922E1DBC95980256EF8005048C
A?OpenDocument) This website provides an overview of the events associated with this organization
that preceded the United Nations. The Versailles Peace Treaty
(http://avalon.law.yale.edu/subject_menus/versailles_menu.asp) established the League of Nations
and contains Articles 1-26 of the League of Nations Covenant. Researchers may also now access an
electronic version of The League of Nations Official Journal, Vols. 1-21 (1920-1940) available from
Hein Online (http://www.heinonline.org/HOL/Index?index=journals/leagon).
For a comprehensive analysis of the Charter that also provides extensive annotations to related
sources and useful annexes see, The Charter of the United Nations, A Commentary, 3d ed., by Bruno
Simma, NY: Oxford University Press, 2012. (http://www.worldcat.org/isbn/9780199580156).
2. Universal Declaration of Human Rights (http://www.un.org/en/documents/udhr/) For

additional information and guidance on Human Rights research, see the chapter on Human Rights
of this Guide (http://www.asil.org/erg/?page=ihr).
3. Statute of the Court of the International Court of Justice (ICJ) (http://www.icj-

cij.org/documents/index.php?p1=4&p2=2&p3=0) Signed as part of the UN Charter, the ICJ Statute
also delineates the sources of international law in Art. 38. See Section V of this chapter for
additional information on the ICJ.
B. Documents and Resolutions from the Principal Organs of the UN
The websites provided here serve as a gateway for accessing documents, membership, and other
information from the individual principal organs of the UN. The UN Documentation Centre
(http://www.un.org/en/documents/) serves as a gateway website for access to documents from all of
the active principal organs including the General Assembly, Security Council, Economic and Social
Council, and the Secretariat. The Journal of the United Nations
(http://www.un.org/Docs/journal/En/lateste.pdf) provides information on meetings and activities
for all the UN organs.
1. General Assembly (GA)
8
All 192 member states are represented in this UN body with primary function to address political,
social, and economic issues. It has seven committees to handle specific areas including: 1) political
and security, 2) economic and financial, 3) social, humanitarian, and cultural, 4) trusteeship, 5)
administrative and budgetary, 6) legal and 7) special political.
a. General Assembly (http://www.un.org/en/ga/) GA resolutions

(http://www.un.org/documents/resga.htm) are available from the first session (1946) to the current
session.
b. Sixth Committee (Legal) of the General Assembly (http://www.un.org/en/ga/sixth/) The Sixth

Committee considers legal questions in the General Assembly and is one of the seven main
committees of the GA. This resource includes information on the 52nd session (1977) through the
current session. A selection of early documents appear on the listing of Landmark General Assembly
Documents (http://www.un.org/Depts/dhl/landmark/amajor.htm). For a general description of the
Sixth Committee and its role in the development and codification of international law, see articles
authored by Virginia Morris & M.-Christiane Bourloyannis including The Work of the Sixth
Committee at the Forty-seventh Session of the UN General Assembly, 87 AJIL 306 (1993), available at
http://www.jstor.org/stable/2203826.
c. Voting Records (http://unbisnet.un.org/) Voting records of the General Assembly from its first
session (1946) to the present, are searchable by keyword, by resolution UN Document Symbol, or
by agenda document/item number.
2. Economic and Social Council (ECOSOC) (http://www.un.org/en/ecosoc/) Among its areas of

responsibilities the ECOSOC focuses on international economic and social issues and, cultural and
educational cooperation.
a. ECOSOC Documentation (http://www.un.org/en/ecosoc/docs/docs.shtml) Resolutions, decisions

and other documentation is available from 1946 to present.
b. The Committee on Non-Governmental Organizations (http://csonet.org/) Established in 1946,

the Committee on Non-Governmental Organizations is a standing committee of the ECOSOC
consisting of 19 members. The NGO Section of the Department of Economic and Social Affairs
(DESA) prepares Guidelines for all non-governmental organizations and entities. The Non-
Governmental Organizations (NGO) Database (http://esango.un.org/civilsociety/login.do) is
available from the NGO Liaison Office of the Director-General's Office at UN Office of Geneva
and is searchable by subject or "field of activity." Information about members and year of status is
available in this database.
3. The Security Council (SC) (http://www.un.org/en/sc/) This organ’s primary function regards
9
issues of peace. Of the 15 members, the original five sponsoring members have permanent status:
China (since 1972, The People’s Republic of China; until 1971 the Republic of China [Taiwan]);
France, Great Britain, Russia (until 1991 the USSR) and the United States.
a. Security Council Resolutions (http://www.un.org/en/sc/documents/resolutions/) Resolutions are

available from 1946 to present. Information regarding organization, voting, rules, is also available
from this website.
b. Repertoire of the Practice of the Security Council (http://www.un.org/en/sc/repertoire/) A guide

to the proceedings of the Council from 1946 is provided.
c. Voting Records (http://unbisnet.un.org/) Voting records of the Security Council are searchable by
keyword from the 1st year (1946-) to present.
4. Secretariat and Secretary-General (SG) (http://www.un.org/en/mainbodies/secretariat/) The

Secretariat assumes administrative responsibilities for the principal organs of the UN and also
administers the UN programmes. "The Secretary-General is appointed by the General Assembly on
the recommendation of the Security Council for a five-year, renewable term." Information about
the Secretary-General, daily briefings, statements, and other information on the work and activities
of the Secretary General is available.
a. Secretary-General Documents (http://www.un.org/sg/) Contains links to the Secretary-Generals

speeches as well as the Annual Report of the Secretary-General and related documents.
5. International Court of Justice (ICJ) See Section V, Courts and Tribunals of this chapter for
information on the ICJ.
6. Trusteeship Council (http://www.un.org/en/mainbodies/trusteeship/) Since 1994, the work of the

Council regarding non-self governing territories was no longer needed. The Council no longer holds
meetings.
Another important UN resource for resolutions is the Official Document System of the United
Nations (ODS) (http://documents.un.org) also listed in Section XII, A of this chapter. As of
December 31, 2004 this resource became available as a non-subscription-based UN database. ODS
is a fully searchable electronic repository for UN materials offering full text documents issued since
1993. Resolutions and decisions adopted by the General Assembly, the Security Council, the
Economic and Social Council, and the Trusteeship Council since 1946 are accessible from this
resource.
C. Specialized Agencies
10
Among the agencies that function independently of the UN are: International Labour Union (ILO),
Food and Agriculture Organization (FAO), International Maritime Organization (IMO), World
Health Organization (WHO), World Tourism Organization (UNWTO), World Bank Group,
International Monetary Fund (IMF), International Civil Aeronautics Organization (ICAO),
Universal Postal Union. These organizations have well-developed web sites of their own and should
be consulted for information and resources specific to these organizations. For a more complete
listing and information of specialized agencies see various UN resources listed under Section III, A of
this chapter.
D. Related Organizations
The World Trade Organization (WTO), and the International Atomic Energy Agency (IAEA) are
examples of Related Organizations of the UN. For a more complete listing and information see the
individual organizations website or see various UN resources listed under Section III, A of this
chapter.
E. UN Offices, Departments, and Programmes
Selected offices of the UN are provided below. A more complete listing is available from the general
resources listed under Section III, A of this chapter.
1. Departments of the UN Secretariat (http://www.un.org/en/mainbodies/secretariat/) A master

listing with links to the various Departments is available from this website.
2. United Nations Commission on International Trade Law (UNCITRAL)

(http://www.uncitral.org/) The official UNCITRAL website includes Case Law on UNCITRAL
Texts (CLOUT), which provides abstracts of court decisions and arbitral awards (often unpublished)
relating to the conventions and model laws emanating from the Commission's work. The website
also includes texts of documents beginning with the 28th Session (1995), and selected legal texts
such as UNCITRAL Arbitration Rules and UNCITRAL Conciliation Rules. Available in English,
French, Spanish, Arabic, Russian and Chinese. For further information on international trade see
the chapter on International Economic Law of the Guide (http://www.asil.org/erg/?page=iel).
3. United Nations Office of the High Commissioner for Human Rights (UNHCHR)
(http://www.unhchr.ch/) A key site for research in human rights available in English, French, and
Spanish. For further information and research guidance, see the “Primary Sources” section of the
Human Rights chapter (http://www.asil.org/erg/?page=ihr) of this Guide.
4. United Nations High Commissioner for Refugees (UNHCR) (http://www.unhcr.org) The UN

High Commissioner for Refugees provides texts of numerous UN documents pertaining to refugees,
11
country of origin information, statistics, etc. For further information and research guidance, see the
“Primary Sources” section of the Human Rights chapter (http://www.asil.org/erg/?page=ihr) of this
Guide.
5. Oceans and Law of the Sea Materials (http://www.un.org/Depts/los/index.htm) For in-depth

information on researching this area of international law see the Law of the Sea
(http://www.asil.org/erg/?page=los) chapter of the Guide.
V. International Courts and Tribunals
Information on the individual courts and tribunals is available from the respective court’s website.
The website of the Project on International Courts and Tribunals (PICT) contains information on
many of the courts and is listed here first as a general resource for locating information on the
various courts.
Project on International Courts and Tribunals (PICT) (http://www.pict-pcti.org) This web site
provides access to information about the activities of many international courts and tribunals
including: International Court of Justice(ICJ), International Tribunal on the Law of the Sea
(ITLOS), International Criminal Court (ICC), International Criminal Tribunal for the Former
Yugoslavia (ICTY), and International Criminal Tribunal for Rwanda (ICTR). The full-text of
selected cases and decisions from these international courts is also available.
A. The World Court
1. International Court of Justice (ICJ) (http://www.icj-cij.org/) The ICJ, also known as the World
Court, is located in The Hague, Netherlands. Founded in 1946 to replace the Permanent Court of
International Justice (PCIJ), it is the principal judicial body of the United Nations. The Court
consists of 15 judges and its jurisdiction is for contentious cases (disputes between states) and
advisory decisions (at the request of selected UN bodies).
a. History of the PCIJ and ICJ (http://www.icj-cij.org/court/index.php?p1=1&p2=1) Available from

the ICJ website, this resource provides a historical overview of the developments for the pacific
settlement of international disputes that eventually led to the creation of the PCIJ and ICJ.
b. International Court of Justice (ICJ) (http://www.icj-cij.org/) This is the official ICJ website and is
available in English and French. The site contains general information about the Court, basic
documents, decisions, the Court’s docket, and other information. This page provides links to all
cases and advisory opinions referred to the Court since 1946.
c. Statute of the ICJ (http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0) The
12
adoption of the ICJ Statute in 1945 replaced the Statute of the Permanent Court of International
Justice. For an article-by-article analytical comparison of the new Statute with the old, see Manley
O. Hudson, The Twenty-fourth Year of the World Court, 40 AJIL 1, 14 (1946)
(http://www.jstor.org/stable/2193893). Article 38(1) of the Statute established the sources of
international law: international conventions, customary international law, general principles of law
recognized by civilized nations, and judicial decisions and teachings of highly qualified publicists.
d. Rules of Court (http://www.icj-cij.org/documents/index.php?p1=4&p2=3&p3=0)
This resource contains the Rules of Court concerning “the internal judicial practice of the Court and
Other Acts and Documents Concerning the Organization of the Court.”
e. International Law Commission (ILC) (http://www.un.org/law/ilc/) The ILC website provides

access to the full text of final drafts, reports, and conventions on topics selected for codification
including the law of treaties, state succession and diplomatic relations. In addition, researchers
should be aware of the ILC Yearbook which reprints the special rapporteurs reports. Also of interest
are annual survey type articles that highlight the work and activities of the ILC. For example, see
The Fifty-Sixth Session of the International Law Commission by Michael Matheson in 99 AJIL 211
(2005) (http://www.jstor.org/stable/3246099).
f. World Court Digest (http://www.mpil.de/en/pub/research/details/publications/institute/wcd.cfm)

Provided by The Max Planck Institute for Comparative Public Law and International Law, this
resource is an electronic version of the first three volumes of the printed publication of the same
name and a continuation of Fontes Juris Gentium. The text of digested judgments, advisory
opinions, and orders of the International Court of Justice can be searched on areas of international
law including law of treaties, use of force, international organizations, law of the sea, air and space,
human rights, and dispute settlement. Information on jurisdiction, procedure, and individual judges
of the ICJ is also provided.
g. ASIL Insights (http://www.asil.org/insights.cfm) For commentary on the ICJ cases and actions,
see the articles written by international law scholars for ASIL Insights. Regular coverage of the
World Court also appears in articles authored by Manley O. Hudson (PCIJ and ICJ), Leo Gross,
and more recently Pieter Bekker and Daniel Bodansky in the American Journal of International Law.
2. Permanent Court of International Justice (PCIJ) Although the PCIJ was not a part of the League
of Nations there was a close association between the two bodies (see History of the PCIJ and ICJ
(http://www.icj-cij.org/court/index.php?p1=1&p2=1) also listed above. The PCIJ also issued
advisory opinions referred to it by the League of Nations Council or Assembly.
a. Permanent Court of International Justice (PCIJ) Decisions (http://www.icj-
13
cij.org/pcij/index.php?p1=9) Decisions of the Permanent Court of International Justice (PCIJ) from

1922-1946 are reported in various Series (Ser.) and include both the English and French texts.
Judgments, advisory opinions, and acts (Ser. A, B, A/B, and C) provide separate links for contents,
citation, index, correspondence, speeches, and related documents. A useful collection of documents
concerning the organization of the court (Ser. D), a collection of yearbooks (Ser. E), and a
bibliography of works and documents related to the Court are also available (Ser. F). Some of these
pdf documents are over 400 pages in length.
B. International Criminal Courts
1. Coalition for the International Criminal Court (http://www.iccnow.org/) Some basic information
about the court, as well as links to selected documents, including UN publications.
2. International Criminal Court (ICC) (http://www.icc-cpi.int/) This is the official website of the
ICC. The ICC site contains essential court documents, the Official Journal, annual reports, practice
directions and directives, codes of conduct, the court calendar, press releases, as well as the decisions,
judgments, and transcripts from all of the cases.
3. UN Mechanism for International Criminal Tribunals (MICT) (http://www.unmict.org/) The

MICT was created by the UN to carry out a number of the essential functions of the ICTY and
ICTR after they cease operations at the end of their mandates. One of these functions will be to
preserve the archives of both institutions. The branch continuing the work of the ICTR in Arusha,
Tanzania, began operating on 1 July 2012. The branch continuing the work of the ICTY in The
Hague, Netherlands, began operating on 1 July 2013.
4. International Criminal Tribunal for the Former Yugoslavia (ICTY) http://www.icty.org/) The
ICTY was created by the UN Security Council to investigate, prosecute, and punish the crimes
committed in the territory of the former Yugoslavia in the 1990s during and after its breakup. The
ICTY website provides basic legal documents, press releases, judgments, documents from cases, links
to text of the Dayton Peace Agreement. Available in English and French. Westlaw/WestlawNext
also has an ICTY database.
5. International Criminal Tribunal for Rwanda (ICTR) (http://www.unictr.org/) The ICTR was
created by the UN Security Council to investigate, prosecute, and punish the crimes committed in
Rwanda in 1994. The ICTR site contains basic legal documents, judgments, press releases and
information about publications. Available in English and French. Westlaw/WestlawNext also has an
ICTR database.
6. Special Court for Sierra Leone (SCSL) (http://www.sc-sl.org/) The SCSL was created jointly by
the government of Sierra Leone and the UN Security Council to investigate, prosecute, and punish
14
the serious violations of international humanitarian law and Sierra Leonean law committed in the
territory of Sierra Leone since 30 November 1996. The SCSL site contains essential court
documents, annual reports, practice directions and directives, codes of conduct, sentence
enforcement agreements, the court calendar, press releases, video summaries, as well as the decisions,
judgments, and transcripts from all of the cases.
7. Extraordinary Chambers in the Courts of Cambodia (ECCC) (http://www.eccc.gov.kh/en) The

ECCC was created jointly by the government of Cambodia and the UN General Assembly to
investigate, prosecute, and punish senior leaders of Democratic Kampuchea and others most
responsible for the serious crimes committed in Cambodia from 17 April 1975 to 6 January 1979.
The ECCC site contains the essential documents, judicial biographies, structural explanation, and all
of the case decisions and documentation for the trials of the Khmer Rouge.
8. Special Tribunal for Lebanon (STL) (http://www.stl-tsl.org/en/) The STL was created by the UN
Security Council at the request of the government of Lebanon to investigate, prosecute, and punish
the perpetrators of the attack of 14 February 2005 which killed the former Prime Minister of
Lebanon Rafiq Hariri and 22 others. The STL site contains the essential court documents, practice
directions, press releases, rules of court, rules of evidence, and other documentation.
For more information about international criminal law see the International Criminal Law chapter
(http://www.asil.org/erg/?page=icl) of this Guide.
C. Other Courts and Tribunals
1. International Tribunal for the Law of the Sea (ITLOS) (http://www.itlos.org/) This site contains
information about the tribunal, proceedings and judgments (including the application, written and
oral proceedings, order, and the judgment), basic texts and documents, and news. There is a search
engine and a site map. Also see the chapters on the Law of the Sea
(http://www.asil.org/erg/?page=los) and International Environmental Law
(http://www.asil.org/erg/?page=ienvl) in the Guide.
2. United Nations Office of Administration of Justice (UNOAJ) (http://www.un.org/en/oaj/) The

UNOAJ is an independent organ of the UN for matters involving staff members of the UN
Secretariat, associated UN programmes such as UNDP, UNHCR, and IMO, ICAO, and the staff of
the ICJ. It replaced the older UN Administrative Tribunal (UNAT) in 2009, with a two-tiered
judicial system. The UN Dispute Tribunal (UNDT) is the trial level, and the UN Appeals Tribunal
is the appellate level. The UNOAJ site contains helpful information for UN employees with
grievances, as well as the the jurisprudence of the current and former versions of the tribunal.
3. United Nations Reports of International Arbitral Awards, Recueil des sentences arbitrales (RIAA)
15
(http://untreaty.un.org/cod/riaa/index.html) Currently prepared by the UN Codification of the

Office of Legal Affairs, the RIAA Reports includes international decisions between States and
decisions between States and international organizations. Expanded coverage will include decisions
dating back to late eighteenth century. The print version of this reporter may be consulted to view
the maps accompanying selected cases.
VI. Bibliographic Resources, Journal Indexes and Databases
A. UN Resources
1. UN Documentation: International Law (http://research.un.org/en/docs/law) This bibliography

identifies a number of important and useful resources on general issues on international law
including leading texts, yearbooks, compendiums, and reports.
2. UN-I-QUE (United Nations Info Quest) (http://lib-unique.un.org) One of the services provided
by the Dag Hammarskjold Library, provides symbols/sales numbers for selected documents and
publications, although full bibliographic information is not given, from 1946 to present. The
database focuses particularly on documents and publications of a recurrent nature, such as
annual/sessional reports of various bodies, statements in General Debate, etc.
3. UNBISnet UN Bibliographic Information System (http://unbisnet.un.org/) This database

provides for bibliographic searching of the Catalogue of UN publications and documentation
indexed by the United Nations Dag Hammarskjöld Library and the Library of the UN Office at
Geneva, and non-UN publications held in the collection of the Dag Hammarskjöld Library. The
user can also search voting records of resolutions adopted by the General Assembly (from the first
session, 1946-) and Security Council (from the first year, 1946-). Additionally, another file contains
speech citations for the main United Nations organs, the General Assembly (thirty-eighth session,
1983-), the Security Council (thirty-eighth year, 1983-), the Economic and Social Council (1983-)
and the Trusteeship Council (15th special session, 1982-). It is important to note that there is access
to many full-text documents from this database. Full-text resolutions adopted by the General
Assembly, the Economic and Social Council and the Security Council, going back to 1946, are
included. The search forms have been revised recently for more effective searching.
B. Other Journal Indexes and Databases
Given the volume of information available on the Internet for both primary documents and
secondary materials, it is easy to neglect an important resource that is most ideally performed during
the initial stages of a research project. It is possible that someone has written about the same or
similar topic of interest. Journal articles will provide citations to primary materials, identify leading
texts and treatises, and also help flesh out the details of more involved and complex issues.
16
There are several journal indexes and databases that may have some overlap in the journal titles they
include. It is important to be aware of dates of coverage for any particular journal title. A
representative listing of some of the subscription and non-subscription offerings is provided below.
1. Subscription Based Journal Indexes and Databases
One thing to keep in mind when considering the use of subscription-based resources is that you may
have access to them from institutions with which you are associated. Many university, law school,
law firm, and public libraries provide their communities with access to many of these resources.
Check with them for specific URLs you should use in order to have access.
a. HeinOnline (http://heinonline.org/) The database includes full-text access to legal and

international law journals searchable by title, author and citation. HeinOnline is especially useful
for locating older journal articles.
b. Index to Foreign Legal Periodicals (IFLP) (http://heinonline.org/HOL/Index?collection=iflp)

This resource provides article and chapter level indexing from over 550 legal publications worldwide.
Article-level indexing of Yearbooks of international law is also included. Available in various
languages.
c. JSTOR - The Scholarly Journal Archive (http://www.jstor.org/) Provides full text articles from
various scholarly disciplines. JSTOR participants are from numerous universities and organizations
around the world. Among the currently available titles of interest to the researcher of international
law are: American Journal of International Law, American Journal of Comparative Law, Human
Rights Quarterly, International and Comparative Law Quarterly.
d. Public Affairs Information Service (PAIS) (http://www.csa.com/factsheets/pais-set-c.php) Public

Affairs Information Service (PAIS) provides article level indexing from news sources and publications
on issues of global policy.
A more complete listing and description of periodical indexes is available under the “Research
Basics” heading in the International Organizations (http://www.asil.org/erg/?page=io) chapter of the
Guide.
2. Non-Fee Based Journal Indexes
Researchers may use the available indexes to help identify articles on issues of international law.
a. Max Planck Yearbook of the United Nations

(http://www.mpil.de/ww/en/pub/research/details/publications/institute/mpyunl.cfm) Provides the
table of contents and selected full text of articles on developments and activities of the United
17
Nations. Publication began in 1997.
b. Peace Palace Library (http://www.peacepalacelibrary.nl/) The catalog of this extensive collection

of public, private, and municipal international law is searchable by keyword (and by organization),
topic, title, and author. The collection also includes international political and diplomatic history.
A single record may include a variety of information including links to the full text of the article, a
description of the work from the library catalogue, or a table of contents. Search results may also
include links to information on works available outside the Peace Palace Library collection.
c. Public International Law, A Current Bibliography of Books and Articles

(http://www.mpil.de/ww/en/pub/research/details/publications/institute/pil.cfm) Provided by the
Max Planck Institute for Comparative Public Law and International Law since 1975 .
VII. Related Associations and Organizations
A. UN- Specific
1. Academic Council on the United Nations System (ACUNS) (http://acuns.org/) ACUNS is "an
international association of scholars, teachers, practitioners, and others who are active in the work
and study of the United Nations system and international organizations in general." This is an
extensive website with information about the organization, copies of newsletters and other reports,
and links to related sites.
2. Global Policy Forum (GPF) (http://www.globalpolicy.org/) This organization focuses on UN

Security Council issues and reform, the UN financial crisis, and other issues related to social and
economic policy at the global level. The website offers links to documents and data as well as a
number of original papers.
3. United Nations Association of the U.S.A. (http://www.unausa.org/) The UN-USA site provides
information about the organization - its purpose, projects (including Model UN), and texts of press
releases.
4. United Nations University (http://unu.edu/) Provides detailed information about the work and
programs of this international academic organization. Available in English, French, Spanish, and
Chinese.
5. United Nations Watch (http://www.unwatch.org/) United Nations Watch is a Geneva-based

organization "whose mandate is to monitor the performance of the United Nations by the yardstick
of its Charter."
18
B. General
1. American Society of International Law (ASIL) (http://www.asil.org) Several resources of interest

to the researcher of international law are available from this web site including Electronic
Information System for International Law (EISIL) (http://www.eisil.org). EISIL provides links to
legal instruments, useful web sites, and research resources organized under 13 subject areas
including human rights, economic law, and environmental law. An added feature of EISIL is the
"more information" record where you will find citations, a brief description of the document or
resource, and other information. UN resources are available in the International Organizations
section of EISIL.
2. International Studies Association (ISA) (http://www.isanet.org/) While the ISA is not specifically
focused on United Nations matters, some of its activities may be of interest. There are web pages for
international law, international organizations, and other sections, as well as links to web resources
relevant to international studies.
VIII. Libraries and Research Centers
There are many libraries that are designated as official UN Depositary Libraries that receive UN
Documents and Sales Publications. Academic, university, or public libraries that collect
international legal materials also receive UN documents, texts, and related publications of interest.
A. UN-Related Libraries
1. Dag Hammarskjöld Library (http://www.un.org/depts/dhl/)The Library's web pages provide

information about services, collections, bibliographies, and a list of depository libraries.
2. Library of the United Nations Office at Geneva (UNOG) (http://www.unog.ch/) Founded in

1919 as The Library of the League of Nations this site has information on special collections
including the League of Nations Archives. This site is available in French and English.
3. United Nations Depository Libraries (http://www.un.org/depts/dhl/deplib/index.html) A listing

is available by country from this web site of the Dag Hammarskjold Library.
4. United Nations Information Centres (http://unic.un.org/aroundworld/unics/en/index.asp) A

world-wide directory and description of these centres.
B. Other Libraries
Other libraries may be identified through various print and web-based directories. Among the
options a researcher might consider are academic institutions with programs in international law or
19
international relations and, public libraries with federal and state government document collections.
Policies regarding access and use of these collections vary. The catalogs of these collections may be
searchable from the website of the institution or organization.
IX. Research Guides
A representative listing of the many excellent research guides that provide information on both print
and electronic resources is provided here.
A. UN Research Guides
1. United Nations Documentation: International Law (http://research.un.org/en/docs/law) Provides

an excellent overview of researching UN documents and publications for law-related issues.
Available in English, French, Spanish, Arabic, Russian and Chinese.
2. United Nations Documentation: Overview (http://research.un.org/en/docs) This Research Guide

provides information on the types of documents issued by the UN as well as how to locate the
documents in paper or electronic form.
3. United Nations Documentation: UN Resources (http://research.un.org/en/un-resources) This

resource identifies major publications of the organizations comprising the UN system. Available in
English, French, Spanish, Arabic, Russian and Chinese.
4. United Nations Documentation: How to Find UN Documents

(http://research.un.org/en/docs/find) This Research Guide provides information on how to find UN
documents in paper or electronic form.
5. UN Documentation : Research Guide : Training Guides : United Nations

(http://www.un.org/Depts/dhl/resguide/train.htm) Brief, informative, and very worthwhile
PowerPoint presentations on UN electronic resources including ODS, UNBISnet, UN Web Search,
and iSeek are available from the UN Dag Hammarskjold Library. Content, coverage, and research
examples demonstrate how to use the sources effectively and obtain needed information.
B. Other Research Guides
1. United Nations Documents Research (Harvard Law Library)

(http://www.law.harvard.edu/library/research/guides/int_foreign/find-un-docs.html)
2. Research Guides, United Nations (Duke Law Library)

(http://law.duke.edu/lib/researchguides/un)
20
3. Research Guide: The United Nations (Columbia Law Library)

(http://library.law.columbia.edu/guides/United_Nations)
4. Government Documents & Information: United Nations (Yale University)

(http://guides.library.yale.edu/unitednations) The Yale UN research guide is a well-organized guide
to UN resources and research. Some information is specific to Yale, but users everywhere should
find it useful.
X. UN Document Symbols and Classification System
A. Document Symbols
Each principal organ has a unique symbol associated with their documents. For example:
A/- General Assembly
E/- Economic and Social Council
S/- Security Council
ST/- Secretariat
T/- Trusteeship Council
A second series of symbols may appear after the first slash. This designation reflects the sub-body
within the main organ that produced the document. For example:
-/AC/- Ad Hoc Committee or Similar Body
-/C/- Standing, Permanent or Main Committee
-/CN/- Commission
-/CONF/- Conference
-/GC/- Governing Council
Examples of UN document numbering:
Agreement on the Privileges and Immunities of the International Criminal Court, ICC-ASP/1/3, at 215,
and Corr. 1 (2002). In this example, ICC is for International Criminal Court and ASP for Assembly
of State Parties.
21
Commentary on the Norms on the Responsibilities of Transnational Corporations and Other Business
Enterprises with Regard to Human Rights, UN Doc. E/CN.4/Sub.2/2003/38/Rev.2 (2003).
Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the
Role of the Organization, UN Doc. A/50/33 (1995) and GA Res. 50/52 (Dec. 11, 1995)
Rio Declaration on Environment and Development, United Nations Conference on Environment and
Development (UNCED) "Earth Summit" in Rio de Janeiro in June 1992. UN Doc.
A/CONF.151/26 (vol. I).
B. Research Guides
For additional information on document symbols consult the following guides:
1. United Nations Documentation: Document Symbols (http://research.un.org/en/docs/symbols)
2. UN Documentation : Overview (http://research.un.org/en/docs/)
XI. Statistics and Other UN Information
CyberSchoolBus (http://www.un.org/Pubs/CyberSchoolBus/) The CyberSchoolBus is a global

teaching and learning project. It contains a great deal of information about global trends,
information about UN Member States, country and city profiles, statistics, photographs, and
educational modules and activities. See the UN Core Treaties page
(http://www.un.org/cyberschoolbus/treaties/index.asp) which provides "student-friendly versions" of
"the world's most important agreements." Available in English, French, Spanish, Arabic, Russian
and Chinese.
UN Cartographic Section, Maps and Geographic Resources

(http://www.un.org/Depts/Cartographic/english/htmain.htm) A variety of maps listed by country,
peacekeeping mission, non-self governing territories, region, and selected historical events are
available from this web site. Information on related UN geographic resources is also provided.
UN Data (http://data.un.org/) A gateway to statistics from UN agencies searchable by topic area.
UN Documentation Centre (http://www.un.org/en/documents/) In addition to the access provided

to primary documents from the General Assembly, Security Council, ECOSOC, and the Secretariat,
press releases are available for the General Assembly and Security Council. Available in English,
French, Spanish, Arabic, Russian and Chinese.
UN Educational Portal (http://en.unesco.org/themes/education-21st-century) A quick locator for

educational and related resources within the UN system.
22
XII. Other Electronic Resources
A. UN Official Electronic Resources
1. Official Document System of the United Nations (ODS) (http://documents.un.org) This is the
official repository for documents published by the United Nations. It contains the full text of
documents dating back to 1993 in PDF format in all official languages. Documents are stored in
two databases: 1) UN Documentation, which includes documents back to 1993 and, 2) UN
Resolutions, which includes resolutions of the General Assembly, Security Council, Economic and
Social Council and Trusteeship Council since 1946. Previously restricted to registered users only,
access became available to the general public on December 31, 2004.
2. UNBISnet (http://unbisnet.un.org) Full-text resolutions adopted by the General Assembly, the

Economic and Social Council and the Security Council, going back to 1946, are available. The
website is updated daily and provides access to full-text documents.
3. UN Libraries Central Gateway (http://www.un.org/unlibraries/unlibe/index.html) Links to all of

the UN libraries and websites.
4. Libraries, Catalogues, & Publication Services of the UN System

(http://www.unsystem.org/en/libraries/index.html) Another tool to locate all kinds of UN
documents, sales publications, and even non-UN documents is the UNCAPS. This resource
provides a single point of access to library catalogs, indexes and abstract databases, library holdings,
links to full-text resources, and archives. The user can search all of the databases or select individual
ones to search, such as the FAO, UNBIS, WIPO, etc.
5. UN Audiovisual Library of International Law (http://www.un.org/law/avl) The Codification

Division of the UN Office of Legal Affairs hosts a variety of multimedia resources for international
law including audio lectures by scholars and practitioners, film and photos on UN legal instruments,
and a Research Library consisting of treaties, research guides, and scholarly writings.
6. UN Yearbook (http://unyearbook.un.org/) Complete coverage of the Yearbook is available from

1946- current and is both browseable and searchable by year. Possibly one of the easiest ways to
identify the past activities of the UN.
B. Commercial Online Services
The major subscription-based commercial online services have limited primary materials specific to
UN research. Several databases of secondary sources are of interest to the researcher of UN materials.
23
1. HeinOnline (HOL), United Nations Law Collection (www.heinonline.org) This resource allows
searching of UN treaties by parties, citation, date, and subject area. Law review articles that cite a
treaty and are part of HOL's extensive law journal collection are hyperlinked for quick access to the
full text resource. The same linking feature is available for documents in other HOL collections
such as the U.S. Statutes. One feature not found anywhere else is the UNTS and LNTS treaty
citators that allow UN and LN treaties to be found by their UNTS or LNTS citation. The UN Law
Collection includes documents and decisions of other UN bodies: International Tribunal for the
Law of the Sea (ITLOS), International Court of Justice (ICJ), UN Commission on International
Trade (UNCITRAL) and UN Institute for Disarmament Research (UNIDIR). UN Yearbooks, UN
Serials, and the UN Codification and Progressive Development of International Law are also
available.
2. Lexis/Lexis Advance (http://www.lexis.com) Lexis is in the process of migrating from the older
Lexis platform to the newer Lexis Advance platform. As of this writing, not all materials have been
transferred to the new platform, including all of the international materials. The older Lexis provides
electronic access to International Legal Materials, published by the American Society of International
Law. The file can be found in the INTLAW Library as the ILM file. Since ILM focuses on
reproducing the texts of key documents of interest to international law, selected United Nations
documents (e.g., Security Council resolutions) can frequently be found here.
Another Lexis file of considerable interest to United Nations topics is the Federal News Service,
which has been ported to the new Lexis Advance platform. It is under the News facet. While the
Federal News Service covers much more than United Nations developments, searches in it can be
restricted by combining search terms with the search expression "section (united nations)." They
focuses more on summaries of UN news rather than reproduction of documents. Lexis is a very
good source for newspapers, wire services, and magazine articles.
3. Westlaw/WestlawNext (http://www.westlaw.com) Westlaw is in the process of migrating from

the older Westlaw platform to the newer WestlawNext platform. Although, as of this writing, the
international materials have been ported to WestlawNext, they are not organized very well in the
new location. They are listed under International Materials-->Administrative Materials-->Multi-
National.
Westlaw provides in its ILM database an electronic version of International Legal Materials,
published by the American Society of International Law. With its emphasis on reproducing the texts
of selected documents of interest to the international law community, ILM includes the texts of
selected United Nations documents of particular interest including Security Council Resolutions.
24
The full text of the International Court of Justice judgments, opinions, and orders, from their
inception in 1947 to the present is available in Westlaw's INT-ICJ database. Westslaw also has
databases containing documents and judgments from the international tribunals for the former
Yugoslavia (ICTY) and Rwanda (ICTR). WestlawNext provides access to many newspapers,
magazine articles and some foreign and international law (particularly UK, Australia, Canada, and
the EU).
XIII. Current Developments Resources
As mentioned in Section II, Research Approaches, given the role of the UN in international activities
there are numerous resources available to learn more about UN developments. A brief review of
sources that monitor UN activities is provided below.
A. UN News Sources
1. UN Chronicle (http://unchronicle.un.org/) Good source for current information and also

provides information on important resolutions and documents. A print version is also available.
2. UN News Centre (http://www.un.org/News/) Links are provided by the UN Department of

Public Information to recent press releases, press briefings, daily highlights, and other news
publications. This page offers a search mechanism, audio, and current news information. Available
in English, French, Russian, Spanish, and Arabic.
3. UN Wire (http://www.smartbrief.com/un_wire/) The daily news summary covering the United

Nations, global affairs and key international issues. UN Wire is a free service sponsored by the
United Nations Foundation and its sister organization, the Better World Fund. An email alert
service is available.
4. UNIC Latest Headlines (http://www.unicwash.org/LatestHeadlinesFromUN.aspx) The United

Nations Information Center (UNIC) in Washington, DC, collects the latest headlines from the UN.
5. UN Pulse (http://un-library.tumblr.com/) Developed by the United Nations Dag Hammarskjöld

Library, this tumblr blog identifies selected documents, reports, and publications that have been
recently issued, but the UN and others. Archives are available and may be searched. This service
replaces the old UN Pulse blog, which itself replaced Documents Alert.
B. UN Reform
Strengthening the UN (http://www.un.org/en/strengtheningtheun) This website is a portal for the

UN reform process.
25
C. Special Topics - Terrorism
1. Counter-Terrorism Committee (CTC) (http://www.un.org/en/sc/ctc/) Mandated by Security

Council resolution 1373 (2001), this web site provides access to the country reports from Member
States pursuant to this resolution and many other relevant documents and information.
2. UN Action Against Terrorism (http://www.un.org/en/terrorism/) This page provides access to a

variety of information and documents regarding UN actions against terrorism. Documents from the
Security Council and General Assembly are available as well as conventions and declarations. Also
highlighted are the relevant resolutions, presidential statements, and verbatim records.
3. United Nations Treaty Collection - Conventions on Terrorism

(http://treaties.un.org/Pages/DB.aspx?path=DB/studies/page2_en.xml&menu=MTDSG) This is a
listing of all of the major terrorism treaties deposited with the Secretary-General of the UN, with
links to their text in all official languages and to their current status.
D. Other Sources
1. ASIL Insights (http://asil.org/insights.cfm) Various topics of international law are featured in this
electronic newsletter produced by the American Society of International Law. Each issue focuses on
an individual topic, provides some substantive analysis, and includes citation information to primary
source documents and materials.
2. BBC World (http://www.bbc.co.uk/news/world_radio_and_tv/) Provides news coverage of

international events. RSS feeds are also available.
3. Council on Foreign Relations (http://www.cfr.org/) This site features coverage of many current
events, issues, and subject areas including international organizations, international law, peace and
security, and terrorism.
4. International Law in Brief (ILIB) (http://www.asil.org/ilibmenu.cfm) Provided by the editorial

staff of International Legal Materials, this electronic newsletter contains a collection of current
primary documents (treaties, resolutions, and decisions), legislative, and other documents of interest.
Archived issues are also available.
26

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II. TREATIES ESTABLISHING THE EUROPEAN UNION

Rome Treaty Original treaty setting up Council with direct As amended to

Maastricht Treaty on Treaty Establishing The • Brought into Amended by the

Amsterdam Treaty of Treaty on European • free movement of In force but

Nice Treaty of Treaty on European • Looking to In force as of 1

B. The Treaty of Lisbon: the EU Reform Treaty and Its Process

Some changes in the new treaty:

What is the Acquis Communautaire?

III. COMMUNITY ACTS AND SOURCES OF LAW

1. Locating EU Legislation in force

Since March 2013, the new EUR-Lex (http://new.eur-lex.europa.eu/homepage.html?locale=en) runs

The Directory of Community Legislation in Force (http://eur-

The European e-Justice Portal (https://e-justice.europa.eu/home.do?action) is an interface that has

● Vertical Direct Effect:

● Horizontal Direct Effect:

http://curia.europa.eu/jcms/jcms/Jo2_14954/. Alternatively, researchers can select the “EU case-

Sacha Prechal, Directives in EC law (http://www.worldcat.org/title/directives-in-ec-

John Fairhurst, Law of the European Union (http://www.worldcat.org/title/law-of-the-european-

4. National Implementation of Directives

The new and emerging N-Lex, (available at http://eur-lex.europa.eu/n-lex/index_en.htm) is an

EuroVoc (available at http://eurovoc.europa.eu/drupal/) is a search term translation and submission

B. Other acts under the EU Treaty

● Framework decisions: unanimously adopted to be approximations of national laws,

Other Non-binding Instruments

Articles 294-296 of the above-referenced document read as follows:

7. If, within three months of such communication, the European Parliament:

Article 296 (ex Article 253 TEC)

9.5.2008 EN Official Journal of the European Union C 115/175

European Commission green papers

Inter-institutional procedures beginning in 1976 are tracked via Pre-Lex

3. Publication; entry into force

IV. INSTITUTIONS AND POWERS

A. Commission and Directorates General

B. Council of the European Union (different configurations)

D. Economic and Social Committee

E. Committee of the Regions

V. EUROPEAN COURT OF JUSTICE AND CASE LAW

A. The Court of Justice

● The website ECLAS (European Commission Library Catalogue) (

The General Court

"The General Court has jurisdiction to hear:

EU Civil Service Tribunal

The European Court of Justice

may be found via links posted under Court of Justice

Searching for particular cases by topic using keywords or known citations

Example: search the template (http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&) leaving the

Annotations or "notes de doctrine" (http://curia.europa.eu/jcms/jcms/Jo2_7083) are presented in a

B. National case law

European Commercial Cases. London: European Law Centre, 1978-

VI. SELECTED TOPICAL AREAS OF RESEARCH

B. Commercial Regulatory Matters: Competition Policy, Banking and Financial Regulation

D. Health and Consumer Protection

F. Private International Law

The implementation of a harmonized choice of law instrument for non-contractual obligations of

lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0040:0040:EN:PDF) which came into

VII. COMMENTARY AND DATABASES

Mathijsen, P. S. R. F. A Guide to European Union Law: As Amended by the Treaty of Lisbon.

European Research Papers Archive (http://eiop.or.at/erpa/)

Databases charging subscription or access fees:

Lawtel (www.lawtel.com/Login.aspx), Sweet & Maxwell (Thomson) is focused on the integration of

EU Competition Law Online ( http://www.ellispub.com/eu-competition-law-online.html),

Inter-‐American Convention on International Commercial Arbitration

B. International Court of Arbitration (ICA) (http:/www.iccwbo.org/about-‐

C. Permanent Court of Arbitration (PCA) (http://www.pca-‐cpa.org)[In 6 languages];

International Council for Commercial Arbitration (ICCA) (http://www.arbitration-‐icca.org)

The site's "Basic Documents" (http://www.pca-‐cpa.org/showpage.asp?pag_id=1067) page

International Council for Commercial Arbitration (ICCA) (http://www.arbitration-‐

The LCIA Arbitration Rules (http://www.lcia.org/Dispute_Resolution_Services/lcia-‐arbitration-‐

J. Court of Arbitration for Sport (CAS) (http://www.tas-‐cas.org)[French and English]

M. Inter-‐American Commercial Arbitration Commission (IACAC)

The Inter-‐American Commercial Arbitration Commission administers a system for settlement,

V. Arbitral Institutions -‐ Regional

B. European Court of Arbitration (http://cour-‐europe-‐arbitrage.org/index.php?lang=en)

A. WIPO is a leading ICANN-‐accredited domain name dispute resolution provider

Angola (http://academy.goldman.com.pt/legislacao_ANG-‐Das-‐Sociedades.html) Select Lei 16-‐

Dominican Republic (http://camarasantiago.org/images/Leyes/Ley_489-‐08-‐

El Salvador (http://www.elsalvadorleyes.com/blog/?tag=derecho-‐civil) In Spanish.

France http://www.legifrance.gouv.fr/Traductions/en-‐English/Legifrance-‐translations. Scroll

Honduras (http://www.alca-‐ftaa.org/busfac/canal_e.asp#Honduras; select Ley de Conciliacion y

Kyrgyz Republic (http://www.libertas-‐institut.com/de/Mittel-‐