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International Law Research: Home

A guide to researching international law at American University Washington College of Law

Research Guides

Included here are both local and outside international law research guides.

Find Research Materials @ Pence Law Library

Use the catalog to search for international law materials.

Subject Searching

Use subject searching to find materials that you are looking for in our catalog. Some of the subjects may be further subdivided into region, country, or subtopic. To search those, click on the basic search and then add the country, region, or subtopic to the search term, separated by a double-dash.

Introduction

This research guide is aimed at helping people navigate the complex world of international law research whether they are taking an international law class, working on the AU International Law Review, working in the International Human Rights Law Clinic, writing a seminar paper or law review article, or just want to explore the area.

What is International Law?

International law is divided into public international law and private international law, with the former being what most people think of as "international law." Traditionally, public international law was defined as the law that governs the relations between nation-states, and was referred to as the law of nations.. A more modern definition expands this to add to nation-states as its subjects, international organizations and, to a more limited extent, even individuals. To quote the Restatement: "International law . . . consists of the rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical." American Law Institute, Restatement of the Foreign Relations Law of the United States (Third) §101 (1987).

Diagram of international law, Image Copyright © 2024 by John Heywood, licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.

Private international law is about international concerns arising from private actors, such as individuals or corporations. It includes jurisdiction, choice-of-law, the law of international business transactions, and procedural issues, including service of process, judicial assistance, and the recognition of decisions and judgments. We have another research guide that covers this area: Hague Conference on Private International Law Research Guide.

There are similar terms often confused with international law: supranational law, transnational law, foreign law, and comparative law.

Supranational law is that law that is superior to domestic law. This is very rare in practice. The best example is that of European Union law in relation to the municipal laws of the EU member states. Other arguable examples include that of UN Security Council decisions and resolutions, as well as World Trade Organization decisions. 

Transnational law is a term coined by Professor & Justice Philip C. Jessup in 1956 to refer to all law that transcends national boundaries. This would include public international law, private international law, supranational law, and domestic law that concerns international issues.

Foreign law is any other country's domestic law (which international lawyers refer to as that country's municipal law, because we have to have a different word for everything, apparently). French law is foreign law to US lawyers, and US law is foreign law to French lawyers.

Foreign law diagram, Image Copyright © 2024 by John Heywood, licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.

Comparative law is just that: a comparative study of two or more different legal systems or their components.

Comparative law diagram, Image Copyright © 2024 by John Heywood, licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.

Sources of International Law

Venn diagram of the 3 sources of international law: treaty, custom,  general principles. They all overlap with each other. Image Copyright © 2024 by John Heywood, licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.The standard statement of the sources of international law is Article 38 (1) of the Statute of the International Court of Justice (ICJ), which is itself a restatement of Article 38 of the Statute of the Permanent Court of International Justice (PCIJ), the ICJ's predecessor. While these statutes technically only apply to cases in these courts, the articles are generally held as the best definition of the sources of international law. Keep in mind that any given norm of international law can be treaty-based, customary, or even a general principle of law, all at the same time.

Article 38

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

a. international conventions, whether general or particular, establishing rules expressly recognized by the contracting states;

b. international custom, as evidence of a general practice accepted as law;

c. the general principles of law recognized by civilized nations;

d. subject to the provisions in Article 59 [which says that decisions of the ICJ are only binding upon parties to that case], judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Getting a Start

Here are a few introductory resources on international law to get you started and give you an overview of the field.