International Law Research Resources
A research guide to selected sources in public international law available at the Burns Law Library.
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Introduction
The third source of international law as enumerated in Article 38 are "general principles of law" recognized by "civilized" nations. The Guide to International Legal Research states that "this traditional naturalist approach provides a basis for decision when other sources offer no guidance, yet it is unclear what these general principles of law are. Thus, locating these general principles in the course of legal research is extremely difficult. They could be general principles of justice, natural law, analogies to private law, principles of comparative law, or general conceptions of international law."
The Guide suggests that the "best documentation of these legal principles is found in textbooks, general surveys or manuals, treatises, classics, and encyclopedias."
General principles of law are used primarily as "gap fillers" when treaties or customary international law do not provide a rule of decision. It has been suggested by scholars that as new treaties and customary law develop to address areas of international concern not previously covered, the significance of general principles will fade as these gaps in international law are filled.
Treatises on General Principles of Law
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General Principles of Law - the Role of the Judiciary by
Call Number: SL2 K3367 .G46 2015This book examines the role played by domestic and international judges in the "flexibilization" of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions. -
General Principles of Law as Applied by International Courts and Tribunals by
Call Number: Reserve (1st floor) KZ3225.C44 A35 2006The municipal codes of well over a dozen countries expressly provide for the application of the general principles of law in the absence of specific legal provisions or of custom, and the Statute of the International Court of Justice stipulates that 'the general principles of law recognised by civilised nations' constitute one of the sources of international law to be applied by the Court; but the exact meaning and scope of this section of the Statute have always been a subject of controversy amongst international lawyers. In this printing of his classic 1953 work, Professor Bin Cheng inquires into the practical application of these principles by international courts and tribunals since the beginning of modern international arbitration with the Jay Treaty of 1794, and presents them as a coherent body of fundamental principles that in fact furnish the international legal system with its juridical basis. -
General Principles of Law in the Decisions of International Criminal Courts and Tribunals by
Call Number: SL1 KZ7230 .R35 2008 (Also available online)International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged subsidiary nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning. -
The Sources of International Law by
Call Number: KZ1279 .T45 2019This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law.
Databases for Foreign Legal Materials
- Foreign Law GuideForeign Law Guide (FLG) offers relevant information on sources of foreign law, including complete bibliographic citations to legislation, the existence of English translations and selected references to secondary sources in one virtual destination. Approximately 190 jurisdictions are systemically covered and updated by a global team of experts. (Use: Tips for Effective Browsing & Searching.)
- International Law Reports (vLexJustis)A comprehensive collection of decisions of international courts, including the International Law Reports, and arbitrators as well as judgments of national courts (in English translation) on important international law issues. Coverage is 1920 to date.
- Lexis+ International: AllContent for over 150 countries and the European Union. (Use: Lexis+ Help.)
- LexisLibrary Halsbury's Laws/ LexisLibrary LegislationProvides online access to UK statutes as well as Halsbury's Laws, the premier UK legal encyclopedia. (Use: Help Topics for Lexis Library.)
- vLexJustisFull-text access to legislation, case law, books, journals, contracts, and forms from 140 countries. Updated daily. (Use: vLexJustis Help Center.)
- Westlaw Global Practical LawCollections of essential Practical Law resources across jurisdictions organized around major practice areas such as Antitrust & Competition, Intellectual Property & Technology, and Litigation & Dispute Resolution.
Websites for Foreign Legal Materials
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GlobalexA free electronic legal publication dedicated to international and foreign law research. The guides and articles published are written by scholars well known in their respective fields and are recommended as a legal resource by universities, library schools, and legal training courses.
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Government Gazettes OnlineThis website attempts to list all online government gazettes and their characteristics to aid researchers. A description of the contents and coverage are included for each gazette. Anyone wishing to do further research on foreign law will find useful resources in the bibliography.
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Library of Congress Guide to Law Online: NationsAn annotated guide to sources of information on government and law available online (where available) for most the world's countries. It includes selected links to useful and reliable sites for legal information.
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World Legal Information Institute (WorldLII)A member of the Free Access to Law movement, WorldLII is a directory of over 1800 databases from 123 jurisdictions via 14 Legal Information Institutes to all manner of foreign and international law worldwide.
