Treaty Search

• Treaties are agreements between or among sovereign States.

• Treaties have other names: agreements, covenants, conventions, charters, protocols, declarations, memoranda of understanding, modus vivendi and exchange of notes.

• Bilateral and Multilateral Treaties • Self executing v. Non-self executing

– Trade treaties (self executing)– Human Rights (non-self executing)

• Executive agreements (U.S.).

Treaty Search Process

• Information on signatories, ratifications, and reservations– Example: Kyoto Treaty – International Covenant on Civil and Political Rights

(ICCPR) Article 6 (5)• 5. Sentence of death shall not be imposed for crimes

committed by persons below eighteen years of age and shall not be carried out on pregnant women.

• Legislative History • Judicial Interpretations • Effective Date, Validity

International & Foreign Law Search, Liu

3

Finding treaties to which U.S. is a party

1950

Statutes At LargeU.S.T. (KZ235.3.U55) official

1945

T.I.A.S. (KZ235.32 .U54)

U.S.T.: United States Treaties and Other International Agreements

T.I.A.S.: Treaties and Other International Acts Series

Bevans: Treaties and Other International Agreements of the United States

1778

Bevans (with an index)(KZ236 1776b )

20 yr

9 yr Presen

t

International & Foreign Law Search, Liu

4

Finding treaties to which U.S. is a party

1950

Statutes At LargeU.S.T. (KZ235.3.U55) official

1945

T.I.A.S. (KZ235.32 .U54)

U.S.T.: United States Treaties and Other International Agreements

T.I.A.S.: Treaties and Other International Acts Series

Bevans: Treaties and Other International Agreements of the United States

1778

Bevans (with an index)(KZ236 1776b )

20 yr

9 yr

Hein’s UST Current Services (1990-date) microfiche

Consolidated Treaties & Int’l Agreements (1990-date) print

Heinonline Treaty Library

ILM (1962-date) in print

Presen

t

Sources for Treaty Search

• UST, TIAS, Bevans, Statutes At Large• Westlaw (USTREATIES)• LexisNexis (USTRTY) • International Law Materials (ILM) (Selected Treaties)• USCA and USCS (a few important treaties) • Bevans: Treaties and Other International Agreement of

the U.S. of America, 1776-1949• Websites

– UN Texts of Recently Deposited Multilateral Treaties – UN Treaty Collection (Law Library Subscription)– State Dept. Treaty in Force– Thomas (Treaties Section)

• Hein online (Law Library Subscription)

Indexes

• State Dept. Treaty in Force (Annually)– Also in Print (Reference)– Hein on Line

• Commercial indexes: – Kavass: Guide to the United States Treaties in Force

(Hein on Line)– In print: Kavass, Current Treaty Index-United States

Treaty Index Consolidation (KZ 235.U54 C.2)

• UN Treaty Series Database • Westlaw and Lexis (Boolean Search)

Verification and Updating

State Dept. Treaty in Force

State Dept. Treaty Actions

UN Treaty Collection (Status Search, signatory, ratification, reservation etc.)

Special Session on North Korea • 1. Whether has NK breached international law? If yes, what law?

Why is NK obligated not to develop nuclear bombs, while some other nations have already had such weapons?

• 2. What could have been done to prevent the "provocative test"? • 3. What recourses can the concerned parties (U.S., China, Russia,

Japan and South Korea) take to punish NK? • 4. Why is it difficult for China to cut off food and energy aid to NK

even after the test? • 5. What options does the U.S. have to deal with this issue? • 6. How would Republicans and Democrats react to the test in next

few weeks? Is any impact of the provocative test on the upcoming election in November?

Research Method

• Where to start? – Primary Sources? – Secondary Sources?

• The value of news analysis– Accurate? – In-depth? – Comprehensive?

• The value of scholarly writings

UN Charter Chapter 7 and the Power of the Security Council

• Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

• Article 40 In order to prevent an aggravation of the situation, the Security Council may,

before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

• Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

• Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

The Security Council (1)

• Membership in 2006

The Council is composed of five permanent members — China, France, Russian Federation, the United Kingdom and the United States — and ten non-permament members (with year of term's end):

• Argentina (2006)Greece (2006)Qatar (2007)Congo (Republic of the) (2007)Japan (2006)Slovakia (2007)Denmark (2006)Peru (2007)United Republic of Tanzania (2006)Ghana (2007)

The Security Council 2• The Presidency of the Security Council is held in turn by the

members of the Security Council in the English alphabetical order of their names. Each President holds office for one calendar month.

• Ten non-permament members, elected by the General Assembly for two-year terms and not eligible for immediate re-election. The number of non-permanent members was increased from six to ten by an amendment of the Charter which came into force in 1965.

• Each Council member has one vote. Decisions on procedural matters are made by an affirmative vote of at least nine of the 15 members. Decisions on substantive matters require nine votes, including the concurring votes of all five permanent members. This is the rule of "great Power unanimity", often referred to as the "veto" power.

Nuclear Non Proliferation Treaty

• Opened for signature in 1968, the Treaty entered into force in 1970. A total of 187 parties have joined the Treaty, including the five nuclear-weapon States.

• The Treaty establishes a safeguards system under the responsibility of the International Atomic Energy Agency (IAEA).

• Article VIII, paragraph 3, provides a review of the operation of the Treaty every five years.

Non Proliferation Treaty

• First pillar: non-proliferation

• Second pillar: disarmament

• Third pillar: the right to peacefully use nuclear technology

The comprehensive Nuclear Test-Ban Treaty

• The Treaty was opened for signature on 24 September 1996 and it will remain open for signature until its entry into force, in accordance with article XI.

•

China’s Options

• Major provider of food and fuel

• Loss of face

• Delicate relations with the U.S.