Tag Archives: International Law

When Does a Subpoena for Documents in a Foreign or International Tribunal Require Personal Jurisdiction?

21 Wednesday Feb 2018

Posted by in Discovery, International Law, Requests for Production

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Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The Subpoena Target, posted by Gilbert A. Samberg, Mintz Levin Cohn Ferris Glovsky and Popeo PC, Lexology Blog

http://bit.ly/2FbbE5e

When someone mentions a subpoena for documents, most of us think of a subpoena duces tecum under Fed. R. Civ. P. 45. Title 28 U.S.C. § 1782 also is used to subpoena documents, but in cases involving a foreign or international tribunal. How easy is it to meet that standard?

This post explains the three threshold standards and how the Second Circuit Court handled it. -CCE

Beginner’s Guide to U.S. Treaties.

21 Friday Nov 2014

Posted by in International Law, Native American Law, Treaties

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U.S. Treaties: A Beginner’s Guide, co-authored by Barbara Bavis and Robert Brammer, In Custodia Legis, Law Librarians of Congress

http://blogs.loc.gov/law/2014/11/u-s-treaties-a-beginners-guide/

Article II, Section 2 of the U.S. Constitution states that the President ‘shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…. ‘ An early attempt by the President and Senate to negotiate the exercise of this power provided an interesting anecdote. According to the Senate Historical Office, on August 22, 1789, President Washington traveled to the Senate to submit a treaty concerning Native American Indian Tribes. While the President waited, the Senate decided to postpone consideration of the treaty rather than debate the questions in front of the President. According to Maclay’s Journal an irritated, President Washington exclaimed, “This defeats every purpose of my coming here!” and resolved to submit subsequent treaty communications to the Senate in writing. To learn more about the development of the treaty power and its application, please refer to the United States Constitution: Analysis and Interpretation’s discussion of Article II, Section 2.

There are several options for researchers trying to find copies of treaties to which the United States is or was a party. In fact, we were inspired to write this post by the new Treaties digital collection added to the Law Library of Congress website. As of now, the digital collection includes a digital copy of the first four volumes of Charles I. Bevans’s Treaties and Other International Agreements of the United States of America, 1776-1949, which includes copies of the English version (or English translation) of multilateral treaties to which the United States was a party. Digital copies of the remaining volumes (5-12), which include the bilateral treaties to which the United States was a party during this period, will be added in the near future.

The Treaties page also links to the United States Department of State’s Treaties and Other International Acts webpage, which includes PDF copies of the ‘executed English-language original of [each published international] agreement and certain other key documents’ for published international agreements entered into from 1996 to the present. The Treaties and Other International Acts series (also known as TIAS), which is ‘the official print publication format for treaties and agreements that have entered into force for [the] U.S.,’ was published by the Government Printing Office in paper form from 1945 to 2006, but is now available online. . . .

A Collection of Online International Law Sources.

26 Monday May 2014

Posted by in International Law

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Electronic Information System for International Law

http://www.eisil.org/

International Law Institute

http://www.ili.org/

International Law, HierosGamos.org

http://www.hg.org/international-law.html

and International Law Articles, HierosGamos.org

http://www.hg.org/law-articles-international-law.asp

International Law, Cornell Legal Information Institute

http://www.law.cornell.edu/wex/international_law

Duke Journal of Comparative and International Law

http://scholarship.law.duke.edu/djcil/

Sources of International Law, Northwestern Law, Pritzker Legal Resource Center

http://www.law.northwestern.edu/library/research/international/gettingstarted/sourcesofintllaw/

European Journal of International Law.

17 Saturday May 2014

Posted by in International Law, Law Journals, References, Research

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European Journal of International Law

http://www.ejil.org/

I was going to try to give you a quick summary of what you’ll find here, but I think this excerpt from “About the EJIL” says it better than I ever could. -CCE

“About the EJIL

Welcome to the website of one of the world’s leading international law journals. The EJIL was established in 1990 by a small group of distinguished scholars based at the European University Institute in Florence. The Journal has grown since then in size, strength and reputation, but the Editors’ original vision remains unchanged and is distinguished by:

  • its European orientation,
  • its emphasis on critical and theoretical approaches,
  • its commitment to publishing contributions from a diverse range of contributors, especially those among the younger generation
  • its continuing interest in the historical origins of the ‘European tradition’ (in the best and broadest sense) in international law.

This website forms an integral part of the European Journal of International Law and full-text articles of all but the most recent issues are available here in the archive. For the current year, one full-text article and abstracts of all the other articles are posted.

Our commitment to linguistic diversity

Originally bilingual, the Journal is now published only in English. While we retain a strong belief in the central importance of linguistic diversity to the continued flourishing of international law, the decision to publish exclusively in English is based on the fact that it enables us to reach the widest possible readership, in view of the ever-growing number of Europeans and others for whom English is the principal second language. At the same time, however, we warmly welcome submissions in French, Spanish, Italian and German. Where resources permit, we will endeavour to translate into English those articles written in other languages that are accepted for publication. . . . [Emphasis added.]

Embassies and Consulates Directory & Search Engine

16 Sunday Mar 2014

Posted by in Embassies and Consulates

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EmbassyWorld – Embassies & Consulates Of The World

http://

Serving the diplomatic community and the online community since 1996, EmbassyWorld is designed to provide a comprehensive list of contact resources for all of the world’s diplomatic offices.  Our goal is to provide an easy-to-navigate directory that is clearly laid out and fully cross-indexed. Our database is searchable via a bi-lateral search engine to search both host location and hosted embassy from dual query boxes.  It is our intention to make finding an embassy easy.  Whether your intent is to travel, renew a passport, seek consulate assistance, or relocate to another nation, we aspire to provide the information you are seeking. We have maps, a growing database of tools to make variance in international standards easily convertible or accessible, as well as information on international relocation, including relocation reports.

Some of the Best, Free Legal Research Guides on the Internet – no, Wikipedia does not count.

23 Wednesday Oct 2013

Posted by in Case Law, Federal Law, Law Journals, Law Libraries, Law Reviews, Legal Directories, Research, State Law, Statutes

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Even when you or your firm have access to Westlaw or Lexis, you may still want or need access to free resources to do your legal research. 

Most, if not all, states provide a free website for state law (e.g., statutes, case law, state constitution, attorney general opinions, etc.). Perhaps the easiest route is to go to that state’s official government website. The state court’s websites use their own search engines – do not expect each to work the same as the others.

Here is another resource that will also lead you to state law: 50 States (http://www.50states.com/). (Click on the state, and scroll down to “Courts” and click on “Judicial System.” 

Below is a selection of websites that provide comprehensive links to state, federal and, in some instances, international law. 

Competitive Intelligence – A Selective Resource Guide – Completely Updated – September 2013, by Sabrina I. Pacifici, LLRX.com  http://www.llrx.com/features/ciguide.htm

How to Use Google Scholar for Legal Research, LawyerTechReview.com 
http://lawyertechreview.com/2011/how-to-use-google-scholar-for-legal-research/

Google Scholar – Guide Review of Google Scholar as a Legal Research Tool, by William Pfeiffer, About.com Law Practice Management
http://abt.cm/aZHa4s

HG.org – Legal Resources – http://www.hg.org/

Cornell University Law School – Legal Information Institute (LII) 
http://www.law.cornell.edu/

Duke Law – Legal Databases & Links –  http://law.duke.edu/lib/lresources

The Public Library of Law – http://www.plol.org/Pages/Search.aspx

George Mason University School of Law – Free Legal Research Sites 
http://www.law.gmu.edu/library/research

Washburn University School of Law
Washlaw – Legal Links and Directories  
http://www.washlaw.edu/directories/index.html

Georgetown Law Library – Free and Low Cost Legal Research Guide –
http://www.law.georgetown.edu/library/research/guides/freelowcost.cfm