RESEARCH IN FOREIGN AND INTERNATIONAL LAW:

A GUIDE TO RESOURCES

GLOBAL AWARENESS:

 Global trends have transformed the world's economy and opened up the international community as never before. International legal research has been enhanced through the explosion of Internet resources. Business and trade interests have become far-reaching for the United States. Foreign legal sources, as they are being published more uniformly, are expanding, making it possible to increase our understanding of other coutnries' legal systems.
Similar to doing U.S. legal research, it is important to start with secondary legal sources, in order to find primary authority, the authoritative law source. Finally, secondary sources are used to evaluate findings, analyze and draw conclusions. The Internet is an important source, but should be used carefully.  The best web sites have authoritative information, are consistent, and are constantly updated.  Print materials and electronic formats of LEXIS or WESTLAW are also basic sources, all of which must be used to do competent, thorough research .

If you have questions or would like to discuss specific topics for research, please contact Nona Beisenherz by e-mail(beisen@loyno.edu), phone  (861-5641) or in the library (317C).

   1.  Public international law or the law that governs relations between and among nations, consists of basic concepts of law drawn from national legal systems as well as customary law (the unwritten tradiitons which are accepted as law).
Participants are not only nations but international organizations and individuals.

Treaties, or international agreements, which stem from the Westphalia treaties of 1648,  form the basis of the primary law source to resolve conflict among nations.  They may involve two nations or multiple parties consisting of nations or groups.
Customary law, which are general practices of states and IGO's and accepted as law.
General principles of law,  which are recognized by nations.

Judicial decisions and scholary writings have played an important role in the interpretation of international agreements in resolution of conflicts.
The documents and processes of International Organizations,  or IGO's play an important role in the modern day process of forming international agreements.

Beginning Research in:    Public International Law
 

   2. Private international law, also known as conflicts of laws, involves private parties of different countries in legal disputes (such as in business or in family law). There is a dual aspect: The private sector is governed by a balance of the sovereign laws of individual countries. However, there are treaties and conventions involved as well. The agreements can take many forms, including conventions, model laws, legal guides and other instruments.

Beginning Research in:   Private International Law

Foreign law is defined as the domestic law of a non U.S. jurisdiction. It takes into account the world's various legal systems. The major systems are:

Civil law:    Based on written legal codes, stemming from the heritage of Roman law, and arrived at through legislation, etc.  Examples are  countries such as France and Germany.
Common Law:  Based on precedents set in court decisions which create the law over time; Australia and Canada are examples.
Mixed systems:    Becoming more prevalent in certain areas of the world. Africa, the Middle East, and Asia are areas affected.
Customary Law :  Very few countries operate under this type of system, however the influences may be strong in the mixing of legal systems.
Muslim Law: System consists of religious law principles based on the Koran.

Comparative law is the scholarly study and evaluation of the differences and  similarities of two or more legal systems, such as between civil-law and common-law countries. It is not in itself a system but rather a method of legal inquiry.
A good illustration of the World Legal Systems can be found at the University of Ottawa  web site through maps, showing how the world is becoming more unified through commonality of laws, while distinctions between systems are becoming blurred.

CURRENT AWARENESS:

Keeping current with international law developments can be a challenge. International organizations have become very good at using press releases and news information to publicize their events. Particular topics are updated in both periodical and Internet sources. Links to news and newspapers are good ways to follow up on research in all of these areas.

GUIDES TO KEEPING CURRENT:

ASIL - E Newsletters

Current Developments, Analysis and Documents are provided. ASIL Insights gives a summary and commentary on current global issues written by experts in the field.  International Law in Brief is an abstact of a current international legal issue.The ASIL newsletter give the full searchable index for AJIL. Recent articles of interest are also listed by topics. It links to:

LLRX - its guide on keeping up with current awareness. Other International law guides are consistently updated for specific information.

Harvard's International Law Issues and News section is an excellent resource for the latest information and documents on global issues.

WWW Virtual Library: International Affairs Resources

The site is maintained at Elizabethtown College in Pennsylvania. It is a section of the WWW Virtual Library featuring a wide range of International Affairs resources. There are 1400 annotated links, chosen for long-term value and high-quality of information. Categories range from "Getting Started on the Web", media sources, regions and countries and topic databases.

Jurist: The Law Professor's Network
Hosted by the University of Pittsburgh School of Law, this site is fully searchable. Its world legal news and international and comparative law sections are excellent.

Current legal periodicals are an excellent source for staying informed of world law developments through the Loyola Law LIbrary's Online Catalog-Research Quick Links:

HeinOnline - Foreign and International Law Resources Database
Legal Trac:

Important Journals for Keeping Current:

American Journal of Comparative Law
American Journal of International Law
European Journal of International Law

LEXIS-NEXIS: International Law Update
WESTLAW: International Law Update
Max-Planck Institute: Index of Articles on Public International Law