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RESEARCH GUIDE SOURCES:General Print Sources:For an overview, more information, and definitions on this complex subject:
Folsom, Ralph Haughwout.
International business transactions in a nutshell / by Ralph H. Folsom, Michael Wallace Gordon, John A. Spanogle Reserve K 3943 .W54 2004Ralph H. Folsom et al., International Trade and Investment in a Nutshell K 3943 .F64 2000The International Lawyer's Deskbook; /Section of International Law and Practice, ABA, 1996. K559 .I57 2002
Dictionary of International Trade; REF HF 1373 .D 53
Journal literature: Contemporary Practice of the United States, annual section in American Journal of International Law.General Internet Sources:Germain's transnational law research : a guide for attorneys / Claire M. Germain.
Ardsley-on-Hudson, NY : Transnational Juris Publications, c1991-
K 85 .G47 1991Loyola Card Catalog: Subjects: Civil litigation (international law)
Conflict of Laws
Jurisdiction (international law)The American Society of International Law (ASIL) provides separate chapters on in-depth research in the following areas: Private International Law by Louise Tsang is a good starting point to gain an understanding of the basic sources.
The new Electronic Information System for International Law (EISIL) has been set up and may be a good starting point for basic research in the following areas: Private International Law, International Economic Law and International Dispute Settlement.The Guide to Foreign and International Legal Databasesat NYU provides a menu of links to guide sites and information sites that can be used as starting points. Eye on International Business Law (LawEye) is an important link for it is a comprehensive set of well-organized sites for areas of International Trade/Commercial Law, Private International Law, and International Commercial Arbitration.Hieros Gamos, the portal to many international law resources, has a Guide to Global Trade Law, which provides extensive links to agreements, country information and other sources of information. It has a link to international Commercial Law sources as well. Especially useful is the Law and Government Resources link to 230 countries with helpful legal guides to the laws of many countries.
Lex Mercatoria, one of the first Internet sites set up, hosted at the University of Oslo Law Faculty, is the most comprehensive web site for information and documents for all areas of private internationl law.
PRIVATE INTERNATIONAL LAW WEB SITES:Hague Conference on Private International Lawof 1902. Issues concerning areas of civil or domestic law, which crossed borders of countries, were the first to be resolved through Hague Conventions. Unification trends in private international law began to take place. The international conventions began evolving into transnational areas of trade, commercial business.
The U.S. government has its Dept of State Private International Law database, helpful in providing guidance and forms in transnational matters. There is a "Background Notes" section contains reports on information about all of the countries with which the U.S. has relations. Agencies such as the U.S. Dept of Commerce and International Trade Administration also provide much information.INTERNATIONAL TRADE:OAS, Department of International Law website devotes a section to Private International Law. The Inter-American Specialized Conferences on Private International Law (CIDIP) has produced 26 international instruments which have been widely accepted and shape private Inter-American law. Treaties and Agreements are available, and include the Inter-American Convention on Letters Rogatory. The OAS plays a central role in harmonizing the private law of the Western hemisphere.
TheWorld Trade Organization is the current system built on the General Agreement on Trade and Tariffs (GATT) which came into effect in 1948. The purpose was to cut tariffs to make markets more accessible across national borders. The old system failed to respond to increasing trade in services and barriers that were created. In 1994, after years of negotiations, the WTO was created. It is the guiding force in setting democratic word trade standards and resolving trade disputes. It is directed by a Ministerial Body, which meets every two years. It provides its member states equal treatment and allows member to set up free trade areas among themselves. The European Free Trade Association (EFTA) and NAFTA are examples. More unifying trends in terms of Multilateral trade agreements are formed globally and regionally through the international organizations involved in trade matters.Dispute resolution is an important aspect of the WTO, and a panel may be set up to resolve conflicts among member states. Panel reports and other documents can be found on its web page
United Nations Commission for International Trade Law ( UNCITRAL), established in 1966, by the U.N., is the core legal body in international trade law and works toward progressive harmonization ofthe law of international trade. Its web site contains a great deal of information, including the CLOUT database, (case law on UNCITRAL texts), as well as other related online sources. It set up the following instruments and maintains the primary documents and status information:
United Nations convention on Contracts for the International Sale of Goods (CISG)
Convention on the LImitation Period in the International Sale of Goods
Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the "New York" convention.
COMMERCIAL LAW:International Institute for the Unification of Private Law (UNIDROIT) studies needs and methods for providing States with uniform rules of private law, particularly commercial law. The database UNILEX is a collection of case law and text of decisions relating to the CISG and UNIDROIT Principles.INTERNATIONAL SALE OF GOODS:UNCITRAL set up the Convention on the International Sale of Goods (CISG). A valuable resource is at the Pace University School of Law Institute of International Commercial Law. The CISG database contains the anotated text of the CISG, along with interpretive case law, as well as scholarly materials and bibliographic references. The Autonomous Network of CISG Web Sites focuses on case law from one or more countries in the language of the host country or region.ARBITRATIONArbitration and its most important treaty, the "New York Convention". has become increasingly important as more private international law issues must be addressed. Multilateral arbitration treaties are the framework for resolving international commercial disputes, as through the International Court of Arbitration of the ICC : The International Chamber of Commerce is the leading arbitral body and an important source for information. The site includes the rules of arbitration as well as general information on arbitration. Harmonization of the international community's interests toward a unified goal is the trend. Trade and Economic-related organizations are becoming key figures in recommending compromise methods among parties involved in transnational disputes.CURRENT AWARENESS:International ADR treaties and conventions have assisted in providing alternative methods of resolving disputes. Foreign arbitral awards are being favored over foreign court judgments and are increasing harmonization trends.
The importance of updating information and keeping current on all international law issues in one's research cannot be over-emphasized. There are a variety of resources, both general and specific, as aids in evaluation and analysis of the topic.
PRIVATE INTERNATIONAL LAW RESOURCES:
The more complete guide which is listed on the Index page provides more resources.