Legal Research Center
For Professor Vargas International Environmental Law Resources Fall 2007
LRC Reference Desk: (619) 260-4612 lrcrefer@sandiego.edu
Melissa Fung, Foreign & International Specialist University of San Diego Legal Research Center Tel: (619) 260-4734 mfung@sandiego.edu
Judith Lihosit, Instruction & Outreach Specialist University of San Diego Legal Research Center Tel: (619) 260-4752 jlihosit@sandiego.edu
What we will cover
How to find materials at the LRC (and elsewhere too) Basic print resources dealing with IEL Sources of IEL Research guides and other online resources to help you do your research
How to find materials at the LRC (and elsewhere too)
Searching the catalogs
Sally: The Legal Research Center’s online catalog (SALLY) is an index to materials held at the LRC and the Main Library (Copley) Remember that Sally can be used to find not just materials in our print collection, but it also provides direct access to materials in our subscription databases, and it also links to websites! You can link to Sally off of the LRC’s webpage, or by going directly to: http://sally.sandiego.edu
Searching the catalogs
Circuit Catalog: Because USD is a member of a library consortium called the Circuit, you can search the catalogs of and borrow materials from any of the member libraries which include SDSU, UCSD, CSU San Marcos, and the San Diego County Library System. As you can imagine, this greatly increases the universe of materials that are accessible to you! Access: You can link to the Circuit catalog through Sally (click on the hyperlinked Circuit logo) or go to: http://circuit.sdsu.edu
Searching the catalogs
Interlibrary Loan (ILL): But that’s not all! If you’re looking for an item and can’t find it in Sally or the Circuit, then come ask a reference librarian if it can be interlibrary-loaned from a participating member of a worldwide network of libraries.
Databases & Indexes that Can Help you Find Journal & News Articles
Full-text databases
Lexis-Nexis: Law Reviews & Journals (Lawrev) Westlaw: Journals & Law Reviews (JLR)
Hein-Online is a database that contains digital (PDF) images of law reviews from U.S. law schools. Although it doesn’t allow for fancy Boolean searching, it provides coverage back to the first issue of all journals. Access: through the “Legal Research Database” button through our home page or go to: http://www.sandiego.edu/lrc/database/ SSRN provides access to abstracts and full-text articles for working papers and journals whose publishers SSRN has agreements with. You can search for abstracts without charge, and this is a good place to check to see what research is currently being conducted. Also, once you locate an article or working paper, you can frequently find a full-text version available through the author’s website. Contact a reference librarian if you do want to download an article that requires a fee.
Access: to search the database, go to: http://www.ssrn.com/
Useful journal indexes
Legal Resource Index (LRI) is an index to articles from more than 850 journals from the United States, Canada, Great Britain, New Zealand, and Australia, including law reviews, bar association journals, and legal newspapers. Coverage begins with 1980. Access: either Westlaw or Lexis-Nexis (identifier is LRI).
LegalTrac™ indexes around 875 titles including major law reviews, legal newspapers, bar association journals and international legal journals. Accessible only from on-campus computers. Access: through the “Legal Research Database” button through our home page or go to: http://www.sandiego.edu/lrc/database/
Index to Foreign Legal Periodicals a multilingual index to articles and book reviews appearing in approximately 520 legal journals published worldwide. Access: Print (Call Number Ref K33 .I32) Legal Journals Index References to or abstracts of articles from more than 430 legal journals published in the United Kingdom and other European countries or covering topics pertaining to the laws of the European Union and its member states. Coverage begins with 1986 Access: Westlaw (LJI)
Copley databases
What they are: in addition to the databases that the LRC subscribes to, you also have access to Copley’s multi-disciplinary databases, where you can search through abstracts and full-text articles of journals in the area of sociology, psychology, humanities, science, etc. Access: through Sally, or go to: http://marian.sandiego.edu/alldbs.htm
Key Print Resources to Help You Research Your Paper Topic
Key Print Resources to Help You Research Your Paper Topic
Agenda 21 and the UNCED Proceedings LRC Reading Room K 3585.4 I5753
Basic Documents of International Environmental Law / Harold Hohmann, ed. LRC Reading Room K 3583 .B37 1992 Benedict on Admiralty, 7th ed. (Bender) LRC Reading Room KF 1112 .K687 & online via LEXIS
Documents in International Environmental Law / Sands et al., eds. LRC Reading Room K 3583 D63 1994
Foreign law: current sources of codes and basic legislation in jurisdictions of the world / Thomas H. Reynolds & Arturo A. Flores LRC Reference K38 .R48
International Environment Reporter (BNA) LRC Reading Room K 3585.4 .I56
International Environmental Law: Basic Instruments and References, 1992-1999 / Edith B. Weiss LRC Reading Room K 3583 .W45 Environmental Law Reporter: A Project of the Environmental Law Institute LRC Reading Room KF 3775.A6 E61 & online via LEXIS
International Environmental Law, 3d. / Alexandre Kiss & Dinah Shelton LRC Reading Room KF 3785.4 .K574
Key Print Resources to Help You Research Your Paper Topic (cont.)
International Protection of the Environment: Treaties & Related Documents/ Bernd Ruster & Bruno Simma, eds. LRC Reading Room K 3585.4 I575 1975
International Protection of the Environment: Conservation in Sustainable Development (Wolfgang E. Burhenne & Nicholas A. Robinson, editors ; under the auspices of the International Council of Environmental Law. LRC Reading Room K 3585.4 .I5754 1995 (2003 Updates) The Kyoto Protocol: International Climate Policy for the 21st Century / Sebastian Oberthur & Hermann E. Ott LRC Reading Room K 3585 O24 1999 Marine Pollution And The Law Of The Sea / John W. Kindt LRC Reading Room K 3590.4 .K56
Transnational Environmental Law: Lessons i Global Change / Peter H. Sand LRC Reading Room K 3585. S26 Treaties in force: a list of treaties and other international agreements of the United States in force LRC Reading Room KZ 235 T7
United Nations Treaty Series LRC Reading Room KZ 172 U54
Yearbook of International Environmental Law (1991-2003) LRC Reading Room K 3581.2 Y43
Sources of International Environmental Law
Sources of International Environmental Law
Article 38 of the Statute of the ICJ
International Conventions (Treaties) Custom Principles Judicial Decisions and Teachings of the Most Highly Qualified Publicists
Article 38 of the Statute of the International Court of Justice
The Statute of the International Court of Justice, part of the Charter of the United Nations, defines the sources of international law in the following language:
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 contesting 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 of Article 59, 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,
International Conventions
Treaties International agreements Accords Covenants Protocols Conventions
International Custom
National legislation Government statements Restatements of the law Interpretations of international tribunals such as the United Nations, International Court of Justice, and other arbitral bodies
Principles of Law Recognized by Civilized Nations
Acts and declarations of a non-binding nature promulgated by IGOs Comparative law studies looking at how a particular issue is dealt with in a wide range of jurisdictions
Like custom, principles are easily argued but seldom settled by decision
Judicial Decisions
International Court of Justice (ICJ)
1945 to present 1922 to 1945 1954 to present
Permanent Court of International Justice (PCIJ)
European Court of Justice (ECJ)
Judicial Decisions have no binding force “[e]xcept between the parties and in respect of that particular case.” Article 59 of the Statute of the ICJ.
Teachings of the Most Highly Qualified Publicists
Scholarly writings by leading minds regarding how to treat a particular topic or question Treatises, yearbooks, and journals Annotated bibliographies and research guides
Locating International Environmental Law Documents
Locating International Environmental Law Documents
Finding Treaties Finding Custom & Principles Finding Judicial Decisions Finding Teachings of the Most Highly Qualified Publicists
Finding Treaties
Is the U.S. a party to the treaty? Do you know if the treaty is bilateral or multilateral? Do you know the name of the treaty? Do you know the approximate date the treaty was open for ratification or adoption? Are you looking for a citation or full-text?
Finding Treaties Key Treaties and Agreements
Agenda 21
Agenda 21 is a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, Governments, and Major Groups in every area in which human impacts on the environment http://www.un.org/esa/sustdev/documents/agenda21/index.htm
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes & Their Disposal
The Basel Convention is the broadest and most significant international treaty on hazardous waste. http://www.basel.int/
Convention on Biological Diversity
http://www.biodiv.org
Cartagena Protocol on Biosafety (supplementary agreement to the Convention on Biological Diversity; adopted on January 29, 2000)
http://www.biodiv.org/biosafety/
Finding Treaties Key Treaties and Agreements
Convention on Long-Range Transboundary Air Pollution
The aim of the Convention is that Parties shall endeavour to limit and, as far as possible, gradually reduce and prevent air pollution including long-range transboundary air pollution”; currently has 51 members http://www.unece.org/env/lrtap/
Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES)
http://www.cites.org/index.html
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter
Aimed at preventing marine pollution, this convention “prohibits the dumping of certain hazardous materials, requires a prior special permit for the dumping of a number of other identified materials and a prior general permit for other wastes or matter”) http://www.imo.org/Conventions/contents.asp?topic_id=258&doc_id=681
Convention to Combat Desertification
Desertification is the degradation of land in arid, semi-arid, and dry sub-humid areas) http://www.unccd.int/convention/menu.php
Finding Treaties Key Treaties and Agreements
Kyoto Protocol
This international agreement, which builds on the United Nations Framework Convention on Climate Change, sets legally binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries http://unfccc.int/kyoto_protocol/items/2830.php
Law of the Sea (LOS) (United Nations Convention on the Law of the Sea of 10 December 1982) UNCLOS
http://www.un.org/Depts/los/index.htm
United Nations Environment Programme Ozone Secretariat
Find documents from the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer http://ozone.unep.org/
The Earth Summit
UN Conference on Environment & Development at Rio de Janeiro, June 3-14, 1992; results of the Conference included Agenda 21, the Rio Declartion on Environment & Development, Statement on Forest Principles, the UN Framework Convention on Climate Change, and the UN Convention on Biological Diversity http://www.un.org/esa/sustdev/documents/agenda21/index.htm
Finding Treaties Key Treaties and Agreements
United Nations Framework Convention on Climate Change
http://unfccc.int/2860.phphttp://unfccc.int/2860.php
Stockholm Convention on Persistent Organic Pollutants
http://www.chem.unep.ch/pops/
Stockholm Declaration of the United Nations Conference on the Human Environment
http://www.unep.org/Documents/Default.asp?DocumentID=97
United Nations Treaty Collection
The United Nations Treaty Collection contains treaties and international agreements entered into by member states and registered with the United Nations. http://untreaty.un.org/
World Heritage Convention
The Convention Concerning the Protection of the World Cultural and Natural Heritage is one of the most universal international legal instruments for the protection of the cultural and natural heritage.) http://whc.unesco.org/toc/toc_index.htm
Finding Treaties: IEL Collections
ECOLEX: A Gateway to Environmental Law
Treaties, national legislation, court decisions http://www.ecolex.org/index.php
United Nations Environmental Programme
Full-text of environmental conventions, protocols, and agreements arranged by sub-topic http://www.unep.org/Law/Law_instruments/index.asp
Finding Treaties: IEL Collections
EISIL (Electronic Information System for International Law)
Full text of prominent documents and agreements in International Law including a comprehensive section for International Environmental Law. http://www.eisil.org/
Multilaterals Project
http://fletcher.tufts.edu/multilaterals.html
Finding Custom & Principle
Custom - evidence of a general practice accepted as law General principles of law – as recognized by civilized nations Found in National legislation, UN resolutions, government policy statements, IGO declarations…
Finding Custom & Principle: National Legislation
ECOLEX
http://www.ecolex.org/index.php
Reynolds & Flores, Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World
LRC Reference K38 .R48
Finding Custom & Principle: UN documents
Official Document System of the United Nations (ODS) – 1993 to present
http://documents.un.org/
UNBISNET – 1979 to present
http://unbisnet.un.org
Access UN – 1946 to present
http://infoweb.newsbank.com/?db=UNAD
Finding Cases
International Environment Reporter (BNA)
LRC Reading Room K 3585.4 .I56
Environmental Law Reporter: A Project of the Environmental Law Institute
LRC Reading Room KF 3775.A6 E61 & online via LEXIS
Finding Cases: International Court of Justice
International Court of Justice (ICJ)
http://www.icj-cij.org contains cases since 1947
Westlaw (INT-ICJ)
contains ICJ cases since 1947
Print Resources in the LRC
Fisheries jurisdiction case (United Kingdom of Great Britain and Northern Ireland v. Iceland) LRC Reading Room KZ215 .I58 1974
Finding Cases: European Court of Justice
European Court of Justice
http://curia.europa.eu/
WESTLAW - European Union Case Law (EUCS)
Full text 1954 to present
LexisNexis – CELEX European Union Cases (EURCOM; ECJ)
Full text 1954 to present
Finding Teachings of the Most Highly Qualified Publicists
See in this PowerPoint:
How to Find Materials at the LRC (and Elsewhere Too) Databases and Indexes that Can Help You Find Journal & News Articles Key Print Resources to Help You Research Your Paper Topic
Research Guides and Select Organizational Websites
Research Guides & Select Organizational Websites
ASIL Guide to Electronic Resources for International Law: International Environmental Law (RESEARCH GUIDE) http://www.asil.org/resource/env1.htm
International Wildlife Law Project (ADVOCACY/PUBLIC INTEREST -- contributes to the objective of conserving endangered wildlife species by helping to strengthen international wildlife treaty regimes, regional accords and national legislation that implements international treaty regimes) http://www.internationalwildlifelaw.org/
Center for International Environmental Law (ADVOCACY/PUBLIC INTEREST -- The Center for International Environmental Law (CIEL) is a public interest, not-for-profit environmental law firm founded in 1989 to strengthen international and comparative environmental law and policy. CIEL’s program areas include Climate Change, Biodiversity and Wildlife, Biotechnology, Trade and Sustainable Development, International Financial Institutions, Law and Communities, Persistent Organic Pollutants and Human Rights and the Environment) http://www.ciel.org/
E.B. Williams Library: Environmental Law Web Sites (RESEARCH GUIDE -- Environmental law research guide divided into the following areas: General, Air Pollution, Biodiversity, Climate, Conflict, Hazardous Activities & Chemicals, IGOs, Marine Areas, NGOs, Ozone Layer, Protection of Plants and Animals, Responsibility & Liability, Sustainable Development, Trade, Transboundary Cooperation, Waste, and Water Resources) http://www.ll.georgetown.edu/intl/envirolinks/index.htm E.B. Williams Library: International Environmental Law (RESEARCH GUIDE -- A comprehensive research guide prepared by the Georgetown Law Library International and Foreign Law Department) http://www.ll.georgetown.edu/intl/guides/InternationalEnvironmentalLaw.cfm
Research Guides & Select Organizational Websites (cont.)
Electronic Information System for International Law (RESEARCH GUIDE -- EISIL is a collaborative project created by ASIL. From the EISIL site menu, select the subject area “International Environmental Law.” EISIL links to primary documents (treaties and other international instruments) and recommends sites for topical areas of research. Recommendations are based on site currency, stability, http://www.eisil.org ECOLEX -- A Gateway to Environmental Law (“ECOLEX is an information service on environmental law, operated jointly by FAO, IUCN and UNEP. Its purpose is to build capacity worldwide by providing the most comprehensive possible global source of information on environmental law.”) http://www.ecolex.org
European Court of Justice http://curia.europa.eu/
Foundation for International Environmental Law and Development (ADVOCACY/PUBLIC INTEREST -- FIELD is a non-governmental organization bringing together public international lawyers committed to the promotion of environmental protection and sustainable development through law) http://www.field.org.uk/
Guide to Foreign/International Legal Databases: International Environmental Law (NYU) (RESEARCH GUIDE -- An online research guide to international environmental law information) http://www.law.nyu.edu/library/foreign_intl/intenvironment.html
Research Guides & Select Organizational Websites (cont.)
International Court of Justice The ICJ is the principal judicial organ of the United Nations. Its official Web site contains recent decisions of the Court from 1996 on. http://www.icj-cij.org
International Environmental Law and Policy: A Comprehensive Reference Source (RESEARCH GUIDE -- Provides links to treaties, international organizations and recent developments in international environmental law) http://www.wcl.american.edu/pub/iel/index.html
International Environmental Law Research Centre (ADVOCACY/PUBLIC INTEREST -- The International Environmental Law Research Centre (IELRC) is an independent research organization focusing on international and comparative environmental law issues, with a particular emphasis on India and East Africa) http://www.ielrc.org/
Official Documents of the United Nations (ODS) Includes UN documents issued since 1993 and many published previously. http://documents.un.org/
United Nations Bibliographic Information System (UNBISNET) Provides links to full-text documents in ODS, and includes indexed records for all items published since 1979. http://unbisnet.un.org
United Nations Environment Programme (UNEP) UN portal for environmental law instruments including Multilateral Environmental Agreements, Non-legally Binding Instruments, and National Environmental Legislation http://www.unep.org/Law/Law_instruments/index.asp
Research Guides & Select Organizational Websites (cont.)
WASHLAW WEB ForInt Law – Environmental Law (RESEARCH GUIDE -- A research guide created by the Washburn U. School of Law) http://www.washlaw.edu/forint/alpha/e/environmentallaw.html Multilaterals Project (Fletcher School - Tufts University) http://fletcher.tufts.edu/multilaterals.html
North American Commission for Environmental Cooperation http://www.cec.org/home/ (Select Publications Information Resources) United Nations Environment Programme (UNEP) http://www.unep.org/
UN Dept. of Economic & Social Affairs Division for Sustainable Development http://www.un.org/esa/sustdev/
World Conservation Monitoring Centre (UNEP) http://www.unep-wcmc.org/
We are here to help you!
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Reference Desk Phone: 619-260-4612
http://www.sandiego.edu/lrc/about/hours.php
Ref. Desk E-mail: lrcrefer@sandiego.edu