Why research United States treaties?

Public International Law: Traditional definition: The law that governs relations between states. Modern definition: International law consists or 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, ALI Restatement of the Foreign Relations Law of the United States 3d. Sec. 101.

Private International Law: The body of conventions, model laws, legal guides, and other documents and instruments that regulate private relationships across national borders. Private international law has a dualistic character, balancing international consensus with domestic recognition and implementation, as well as balancing sovereign actions with those of the private sector.

International Court of Justice, Article 38 of the Charter (Sources of International Law): International Conventions, whether general or particular, establishing rules expressly recognized by the contesting states.

What is a treaty and how is it made?

Treaties are initiated, drafted and negotiated to agreement by the Executive Branch but require two thirds approval by the Senate. After Senate approval, the treaty is ratified and proclaimed by the President.

Executive Agreements are made with other countries by the President under the authority to conduct foreign affairs. While similar in form and effect to treaties, Executive Agreements do not require the advice and consent of the Senate.

Treaties can be referred to by a number of different names: international conventions, international agreements, covenants, final acts, charters, protocols, pacts, accords, and constitutions Treaties may be bilateral (two parties) or multilateral (between several parties) and a treaty is usually only binding on the parties to the agreement. An agreement "enters into force" when the terms for entry into force as specified in the agreement are met.

What to keep in mind when researching Treaties or Executive Agreements.

Where does one find the full text of the treaty?
How does one determine the status of the treaty? Is it in force?
How does one locate current information on signatories, ratifications, and reservations?
Is there implementing legislation?

How to find a treaty to which the United States is a party.

General Research Guides

1. Cohen, Morris L., Robert C. Berring and Kent C. Olson. How to Find the Law. (9th ed., St.Paul; MN: West, 1989) See chapter 15 "International Law".

2. Jacobstein, Myron J. And Mersky, Roy M. Fundamentals of Legal Research. (6th ed., Westbury, NY: Foundation Press, 1994) See chapter 20 "International Law".

3. ASIL Guide to Electronic Resources for International Law: Treaties, by J. Watson.
http://www.asil.org/resource/treaty1.htm

4. International & Foreign Legal Research: Researching Public International Law: Treaty Sources, by M. Hoffman.
http://www.law.umn.edu/library/tools/pathfinders/treaties.htm

5. Fundamentals of Treaty Research: U.S. and Non-U.S. (Electronic Resources),
by L. Louis-Jacques.
http://www.lib.uchicago.edu/~llou/treaties.html

Finding Aids / Indexes

1. Treaties in Force: The primary use of TIF is verification of the existence of a treaty.

2. A Guide to United States Treaties in Force: An alternative to TIF, access is by a combined subject index as well as by numerical and country index.

3. Kavass, United States Treaty Index: This is one of the best sources for recent treaty information. There is a subject, chronological, and country index.

4. Current Treaty Index: This annual cumulative index lists current treaties and agreements published in slip form in TIAS as well as those treaties without TIAS numbers.

5. Hein's United States Treaty Index on CD-rom: Indexes treaties from 1776 to date. The CD-rom format permits boolean searching including field restrictions, so this is a very flexible tool.

6. Congressional Universe: Indexes Congressional material, including treaty documents,from 1970 to date; is an electronic version of CIS Index and CIS Legislative Histories.

Full Text of Treaties and Other International Agreements

1. Statutes at Large (1789-1950): Treaties were published irregularly in Statutes at Large from 1789 to 1903; starting with volume 37 (1931/32), international agreements were also included. Volume 8 compiles foreign treaties, 1778-1845. Volume 7 compiles Indian treaties, 1778-1845.

2. Bevans, Treaties and Other International Agreement Series (1776-1949): Contains the full text of treaties and agreements and includes a cumulative country and subject index.

3. United States Treaties and Other International Agreements, 1950 to date (U.S.T.): The official source for all U.S. treaties and agreements. There is currently an 8-10 year lag time between ratification and official publication in the U.S.T.

4. Treaties and Other International Acts Series (T.I.A.S.): Slip treaties which are published as individually paginated pamphlets with the pamphlets consecutively numbered.

5. Consolidated Treaties and International Agreements, 1990 to present (CTIA): A current document service, this set seeks to include, within ninety days of release or ratification, newly concluded international agreements, both executive agreements as well as formal treaties, which have been ratified. Includes indices.

6. Oceana's TIARA (Treaties and International Agreements Research Archive): A full text source searchable by a number of fields, i.e. country, subject, date, etc.
http://www.oceanalaw.com

7. Topical compilations, such as: United States Tax Treaties.

Verification and Updating of Treaties

1. Shepard's United States Citations: Pre 1950 treaties are listed by Statutes at Large citations. After 1950 they are listed by U.S.T. or T.I.A.S. number.

2. United States Code Service: "Notes to Uncodified Laws and Treaties" and "International Agreements" are both unnumbered volumes of this service.

3. International Legal Materials: A regular section of this periodical is "Recent Actions Regarding Treaties to which the United States is a Party". It also publishes the full text of selected treaties. Is available on both Lexis and Westlaw.

4. Department of State Dispatch: Reports recent activities of the State Department, including actions on treaties. Also available on Lexis (INTLAW;DSTATE); Westlaw (USDPTSTDI); and the Internet
http://www.state.gov/www/publications/dispatch/index.html

5. United States Senate, Legislative Activities, Treaties:
http://www.senate.gov/pagelayout/legislative/d_three_sections_with_teasers/treaties.htm
This site contains information about treaties received from the President, treaties on the Executive Calendar, treaties approved by the Senate, and listings of other recent treaty status actions, including treaties that were rejected by the Senate or withdrawn by the President, during the current Congress.

6. CCH's Congressional Index: Provides status of pending treaties.

Treaty Interpretation

1. Congressional Record Index: Provides a listing of treaty actions and discussion appearing in the Record under the heading "Treaties" and occasionally under the name of a particular treaty or its subject matter.

2. CIS Index or Congressional Universe: Indexes House and Senate reports, hearings and documents.

3. American International Law Cases: A collection of United States court decisions with a bearing on international law.

Prepared by: Patricia Kasting
Reference Librarian
Deane Law Library
Hofstra University School of Law
April, 1999