International law has historically been defined as “the legal system governing the relationships between nations.” Black’s Law Dictionary (8th ed. 2004). In recent years, however, that definition has been expanded to encompass the intricate relationships between nations, international governing bodies, non-governmental organizations, and in some circumstances, individuals. The Restatement of the Law (Third), the Foreign Relations of the United States provides a frequently cited definition of this broader conception of international law, stating that international law consists of
“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.” Rest. 3d, Foreign Relations of the United States, § 101.
The study and research of international law typically takes the form of customary law, international agreement, or a “derivation from general principles common to the major legal systems of the world.” Rest. 3d, Foreign Relations of the United States, § 102. The International Court of Justice takes this same approach; its enabling statute permits the court to look to “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; [and] 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.”
Scope and other resources
This research guide outlines the key international governing bodies, basic primary sources such as treaties, official interpretive materials such as case law, and secondary sources. Depending on your research project, you may wish to start in a few different places. For example, if you are researching a topic that is impacted by a particular international organization, it is often best to start by looking through official materials available from that organization (much of which is likely to be online). Similarly, if you are researching a particular treaty or document, it is often best to start with the text of the document itself and proceed to look at implementing domestic laws.
Note that this guide does not cover what is sometimes called “private international law” (commonly referred to as “international conflict of laws” in the United States). The American Society of International Law maintains an excellent guide to electronic resources related to private international law. This guide also does not explore foreign law, which includes the specific laws of foreign nations. For more resources on foreign and comparative law research, see the LLRX Foreign and Comparative Law Research resource page, available here. For a listing of guides on specific international law topics, see this GLOBALEX page on international legal research.
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