Title: An Introduction to Treaty Research U'S' Practice in International Law'
1An Introduction to Treaty Research U.S.
Practice in International Law.
- January 21, 2004
- International ALR Spring 2004
2DEFINITIONS TYPES OF TREATIES
- Treaties and Conventions are formal agreements
b/n countries constitute one of the major
sources of international law. - Bilateral treaties are made between two
countries. - Multilateral treaties are initiated and developed
between more than two nations.
3Treaty Development
- 1648 Peace Treaties of Westphalia
(http//www.yale.edu/lawweb/avalon/westphal.htm)
were the first modern treaties. - 1648-end of 19th century heads of state and
foreign ministers negotiated treaties primarily
to prevent war and to promote commerce. - 20th century heads of state and foreign
ministers expanded the subject matter of
treaties. - Today some treaties not only establish rights
and obligations of nations, but also create
rights for individuals.
4Treaty Effect in the U.S.
- Article VI of the U.S. Constitution Treaties,
like federal statutes, are the supreme law of
the land, and are binding on all judges
Meaning treaties statutes have the same legal
effect one can supersede or abrogate the other.
5I. Treaty Process
- Adoption Nations conclude their treaty
negotiations and agree on a treatys text. - Signature Representatives of participating
nations sign or initial a treaty. NOTE Today,
signature often does not equal consent of a
nation to be legally bound by a treaty.
6II. Treaty Process
- Ratification Definitive consent to be bound.
Applies to nations that negotiated the treaty and
signed the text. - 1. International component Treaty text
often requires an exchange of ratification
instruments among contracting nations, or a
deposit of ratification instruments with a
depository. - 2. Domestic component A Nations municipal
rules apply.
7III. Treaty Process
- Accession Consent to be bound. This principle
applies to nations that did not originally
negotiate and sign the treaty, but now wish to
abide by the agreement. - NOTE A treaty often specifies the means by which
nations may accede to the agreement. Nations
will have their own domestic constitutional rules
on accession.
8Questions to Ask When Beginning your Treaty
Research
- Is the U.S. a party to the treaty?
- Is it a bilateral treaty (b/n only two
countries), or are there more signatories
(multilateral)? - Is the treaty still in force? Has it been
amended? - Are you trying to determine whether a treaty even
exists, rather than trying to find one you
already know about? - Austs Modern Treaty Law Practice (KZ1301.A93
2000).
9Typical Steps in Research of a US Treaty
- Finding the authoritative text of the treaty.
- Determining whether it is in force with what
parties and reservations. - Interpreting the treaty, including its
legislative history judicial interpretations. - Verifying updating its current status.
10Research Guides
- ASIL Guide to Electronic Resources for
International Law Treaties - http//www.asil.org/
resource/treaty1.htm . - Marci Hoffman, Researching U.S. Treaties and
Agreements - http//www.llrx.com/features/ustreaty
.htm . - Lyonette Louis-Jacques, Fundamentals of Treaty
Research U.S. and Non-U.S. - http//www.lib.uchic
ago.edu/llou/treaties.html . - Stefanie Weigmann, Researching Non-U.S. Treaties
- http//www.llrx.com/features/non_ustreaty.htm.
11History of the Forms of Publication for Intl Law
- Until 1950, treaties appeared regularly after
proclamation in volumes of the Statutes at Large. - Beginning in 1950, treaties and other executive
agreements have been published in a separate
chronological series, called the U.S. Treaties
Other Intl Agreements (U.S.T.). - Prior to publication in U.S.T., treaties are
published in slip form in the Treaties and Other
International Acts Series (TIAS).
12Finding a Treaty Before Publication
- Before ratification publication in TIAS, the
text of a treaty or agreement is usually issued
on the date of signing in a Dept of State press
release early source Senate Treaty Docs.. - Department of State Bulletin (http//www.state.gov
/press/). - Senate Treaty Actions - http//www.senate.gov/page
layout/legislative/one_item_and_teasers/trty_act.h
tm - Treaty Actions (Dept of State)-
http//www.state.gov/s/l/c3428.htm .
13Other Sources of Treaty Publication
- International Legal Materials (ILM) (ASIL)(Law
Per./HeinOnline). - U.S.C./U.S.C.A. print important treaties
following relevant statutory provisions (also,
annotated code provides annotations of
decisions). - U.S.C.S. includes treaties in an
administrative rules of procedure volume.
14For Treaty Research Before 1950 (Retrospective
Treaty Coverage)
- Bevans, Treaties Other International Agreements
of the United States (1776-1949). - Compilations of Treaties in Statutes at Large
(v.8, v.18, v.64). - Yales Avalon Project (http//www.yale.edu/lawweb/
avalon/avalon.htm ). Multilaterals Page-
http//www.yale.edu/lawweb/avalon/intdip/usmulti/m
ultimen.htm .
15Questions Answered by Treaty Indexes?
- Who are the treaty parties?
- Is the treaty in force?
- What are, or where can one find, RUDs.
16Need to Know More Than a Treatys Text Working
Papers, Reservations, Understandings, and
Declarations (RUDs)
- Treatys Working Papers Legislative History,
drafts, drafting history, travaux preparatoires
(research guides treatises might provide). - RUDs- When a nation-state signs, ratifies, or
accedes to a treaty, the nation-state may make a
unilateral reservation to exclude, or to change
the legal effect of, certain treaty provisions.
See Vienna Convention on the Law of Treaties, May
23, 1969, art. 2, 1155 U.N.T.S. 331, 333. - Additionally, when a nation-state signs,
ratifies, or accedes to a treaty, the
nation-state may declare the policy(ies) that the
nation-state intends to follow in applying the
treaty. Henkin, L., FOREIGN AFFAIRS AND THE U.S.
CONST. 180-84.
17Key Treaty Indexes and Finding Tools at Marquette
- Treaties in Force (TIF) (U.S. Dept of State,
1950- )(KZ235.A326). Online - http//www.state.gov
/s/l/c8455.htm. - A Guide to the United States Treaties in Force
(Kavass Sprudzs, 1982- )(KZ235.A327). - United States Treaty Index (Kavass,1991-)
(KZ235.A325). - Current Treaty Index (Kavass Sprudz,1982-)
(KZ235.A325). - TIARA US Treaties Index (Oceana Quick Index is
free). (http//www.oceanalaw.com/). - CCH Congressional Index (USGPO, 1873-)
(KF35.C71).
18I. Full-Text Sources for Treaty Research at
Marquette Law
- Treaties Other International Acts of the United
States of America (H.Miller ed.,
KZ235.32.T74)(1776-1863). - Treaties, Conventions, International Acts,
Protocols, and Agreements Between the USA and
Other Powers (Malloy ed., KZ235.T74)(1776-1937). - Treaties and Other International Agreements of
the U.S. (Bevans, ed., KZ235.A231)(1776-1949). - Treaties and Other International Acts Series
(TIAS) (Dept of State, KZ235.3.U55)(1945-date).
19II. Full-text sources for Treaty Research at
Marquette Law
- Statutes at Large (Stat.)(USGPO,
KF50.U52)(1776-1950). - United States Treaties and Other International
Agreements (U.S.T.)(USPGO, KZ235.3.U55)(1950-prese
nt). - Heins U.S. Treaties and Other Intl Agreements
Current Service (USGPO, KZ235.H45)(1990-present)(m
icrofiche). - TIARA-U.S. Treaties Researcher Database
(OCEANA)(1783-present).
20III. Full-text sources for Treaty Research at
Marquette Law
- (9) CIS Index to Publications of the United
States Congress (CIS, law microfiche)(1970-present
). - (10) International Legal Materials (ASIL, law
periodicals)(1962-present). - (11) Senate Treaty Documents (USGPO,
KF45.T734-microfiche)(1981-present). - (12) Senate Executive Reports (USGPO,
KF30.9-microfiche)(99th Congress- ). - (13) Lexis (U.S. Treaties) Westlaw (USTREATIES).
21Other Sources for Treaty Research (Worldwide
Scope)
- United Nations Treaty Series (U.N.T.S.)(1946-prese
nt), (Microfiche,KZ172.T73)(http//untreaty.un.org
/ENGLISH/series/simpleunts.asp ). - Multilateral Treaties Deposited with the
Secretary-General (http//untreaty.un.org/ENGLISH/
bible/englishinternetbible/bible.asp ). - Rohns World Treaty Index (KZ173.R64)(1900-1980).
- The Major International Treaties of the
Twentieth Century (KZ173.G7451).
22Regional International Organization Collections
of Treaties
- European Union Law Reporter (KJE949.C655).
- Lexis (CELEX-EU, 1951-present) Westlaw
(EU-TREATIES, 1951-present). - EUEUR-Lex (Europa) http//europa.eu.int/eur-lex
/en/search/search_treaties.html . - European Treaty Series (ETS) http//conventions.
coe.int/Treaty/EN/cadreprincipal.htm . - Organization of American States (OAS)
http//www.oas.org . - World Legal Information Institute (WorldLII)
http//www.worldlii.org/catalog/2266.html .
23When the U.S. is not a party to the treaty
- Bowman Harris, Multilateral Treaties Index and
Current Status (Ref.KZ118.B68.M85.1984). - Index to Multilateral Treaties (KZ118.H35 1965)
(16th c.-1960). - Rohns World Treaty Index (KZ173.R64).
- United Nations Treaty Series (Online and
KZ172.T73). - Most commonwealth countries have a treaty series
similar to U.S. E.g. Great Britain Treaty Series,
Australian Treaties Library (http//www.austlii.ed
u.au/au/other/dfat/.
24Determining the Current Status of a Treaty
- Treaty Actions (Dept of State)
http//www.state.gov/s/l/c3428.htm - Thomas http//thomas.loc.gov/home/treaties/treati
es.htm . - Dept of State/Treaty Affairs (202) 647-1345.
- UN Treaties http//untreaty.un.org/ENGLISH/bible/
englishinternetbible/bible.asp . - UN Chronicle (Online via Proquest, 1996-)
- Treaty Section at UN (212) 963-2523.
25Citation Form for Treaties
- Bluebook Rule 21.4 covers citation form for
treaties. - NOTE When the U.S. is a party to a multilateral
treaty, Rule 21.4.5(a)(ii) requires citations to
both a U.S. treaty source and a source published
by an intergovernmental organization.
26Additional Internet Sources
- The Tufts Multilaterals Project -
http//fletcher.tufts.edu/multilaterals.html . - Thomas http//thomas.loc.gov/home/treaties/treat
ies.htm provides the text of treaties (104th
Congress-) and information on the status of
treaties. - United Nations Treaty Collection
http//untreaty.un.org . - The World Bank Law Library - http//www4.worldbank
.org/legal/law_library/treaties.htm .