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Transcript
Specialized Legal Research in Foreign and Int’l Law
Spring 2014
_______________________________________________
Course Contact:
Ryan Harrington, Head of Reference; Specialist in Foreign and International Law
203-432-7371
[email protected]
Texts:
Selected readings will be posted on the course website and are listed below.
Grading and Course Requirements:
This course will be composed of lectures and in-class assignments; credit/no credit will be based
on attendance and participation.
Meetings
Fridays, 12:10-2:00PM; RM 108
CLASS 1: January 24, 2014: Beginning your research in Foreign or International Law:
Sources of International Law.
I. Substantive introduction to course and introduction to International law and Article 38(1)
Statute of the International Court of Justice
II. Treaty making process
III. Finding treaties and negotiating documents (travaux préparatoires)
Read: Thomas Buergenthal, Sean D. Murphy, Public International Law in a Nutshell, 4th ed.
(2007). Ch.1 & 2
Marci Hoffman, Robert Berring, International Legal Research in a Nutshell, 1st Ed., 2008.
Ch.1: Introduction and Basic Concepts; Ch.2: Some Basics as You Begin; Chapter 4: Treaties
and International Agreements
Douglas M. Johnston, The Historical Foundations of World Order (2008). Ch.2
Vienna Convention on the Law of Treaties (1969).
GlobalLex Research Guides - À la Recherche des Travaux Préparatoires:
http://www.nyulawglobal.org/globalex/Travaux_Preparatoires1.htm
CLASS 2: January 31, 2014: International Organizations.
I. Introduction to IGOs, especially the United Nations
II. Finding UN documents
1
Read: Marci Hoffman and Robert Berring, International Legal Research in a Nutshell, 1st ed.
2008. Ch.8: United Nations
CLASS 3: February 7, 2014: United Nations.
Guest visitor from the United Nations
CLASS 4: February 14, 2014: International Law and the United States.
I.
Treaties and U.S. Law (incorporation, implementing legislation, executive
agreements, finding aids and official documents)
II.
Customary law research (records of diplomatic correspondence, digests and news)
and general principles of law
Read: Mark W. Janis, An Introduction to International Law, New York: Aspen Publishers, 2003.
Chapter 3: Custom and Other Sources of International law
Marci Hoffman and Robert Berring, International Legal Research in a Nutshell, 1st ed. 2008.
Ch.5: Customary International Law and General Principles of Law
Steps in Treaty Making from Treaties and Other International Agreements: The Role of the
United States Senate (A study prepared for the Committee on Foreign Relations of the United
States Senate by the Congressional Research Service, Library of Congress) 2001 http://morris.law.yale.edu/record=b861790~S1a%22 (no need to review the entire document, just
the flowchart uploaded to the course site)
Medellin v. Texas, 552 U.S. 491 (2008) (discussion of self-executing and non-self-executing
treaties).
CLASS 5: February 21, 2014. International Judicial Decisions and “Teachings of the Most
Highly Qualified Publicists”
I.
Finding case law from international judicial Bodies
II.
Secondary Sources
Read: Yuval Shany, The Competing Jurisdictions of International Courts and Tribunals (2003).
Introduction: International Law at a Time of Transformation: The Proliferation of International
Courts and Tribunals. ebook: http://morris.law.yale.edu/record=b1034626~S1
The Project on International Courts and Tribunals: The International Judiciary in Context
(August 2001): http://www.pict-pcti.org/publications/synoptic_chart/synoptic_chart2.pdf (the
information is a bit outdated but still a nice overview of the international courts and tribunals)
Marci Hoffman and Robert Berring, International Legal Research in a Nutshell, 1st ed. 2008.
Ch.6: International Case Law
2
CLASS 6: February 28, 2014: Foreign & Comparative Law. Instructor: Evelyn Ma
I.
Conducting Foreign Law Research – primary and secondary sources
a. Using examples from various countries
b. Integrating comparative legal research
Read: Marci Hoffman and Robert Berring, International Legal Research in a Nutshell, 1st ed.
2008. Ch.3: Foreign and Comparative Law
James P. Apple & Robert P. Deyling (1994), A Primer on the Civil Law System
CLASS 7: March 7, 2014: The Intersection of Public and Private International Law.
I.
Private International Law
II.
Dispute Resolution in International Law
a. International Arbitration
b. Permanent Court of Arbitration (for disputes involving states)
III.
Other Subjects as Determined
3