Jessup Guide

Researching International Law

I. Introduction which in turn will lead you to other valuable materials. We have
organized this part to reflect the hierarchy of sources of
Conducting research in international law can be a difficult international law as listed in Article 38(1) of the Statute of the
exercise, even for experienced practitioners. The sources of International Court of Justice (“ICJ” or “Court”), and have
international law are vast, and yet, unlike in most domestic legal indicated where to find them on the internet (when possible) and
systems, there is no single code of legal rules or single court how to utilize these sources and materials in your research. We
whose decisions can be relied upon as comprehensive and have also included a list of Fundamental Resources, developed by
binding. Accordingly, a well-thought-out plan of international legal the International Law Students Association (ILSA), to help with
research can be the difference between hours of wasted time your research (see Appendix A).
reviewing unhelpful material and productive targeted research
that provides you with relevant information for your memorials II. Starting to Research: The Jessup
and oral pleadings.
Compromis
Many Jessup competitors do not have access to a well-stocked The first place to begin your research is the Compromis itself.
international law library, but a team can perform well in the Read the Compromis carefully and regularly, and keep a copy of
Jessup even with only a few international law textbooks and it with you at all times during your research, writing of the
access to the internet (recognizing, of course, that some Jessup memorial and oral pleadings practice. It contains many important
competitors do not even have reliable access to the internet). To factual details and subtleties that are easily overlooked, and also
give all teams a fair opportunity to access at least some of the frames the legal issues you will need to research. Take careful
research necessary for drafting memorials and oral pleadings, note of which conventions and treaties are applicable to each
shortly after the Compromis is released the International Law party and, also, whether there are any fictional agreements
Students Association (“ILSA”) distributes a package of Basic between the two parties.
Materials consisting of key treaties, articles and other materials
that are specifically relevant to the current Compromis. Every For more information on working with the Jessup Compromis,
team must use these materials extensively, but not exclusively. see the “Working with the Jessup Compromis” section of the
The Basic Materials are not comprehensive and you are expected White & Case Jessup Guide.
to look to other international law sources and materials.
III. Article 38(1) of the Statute of the
Keep in mind that the legal issues in the Jessup Compromis
change every year; this will affect what sources and materials
International Court of Justice
your team relies on for research. In some years, human rights Article 38(1) of the Statute of the ICJ, which every Jessup
and state responsibility are the most prominent themes; in other competitor should commit to memory, sets out the sources of
years the law of the sea and international investment law are the international law that the Court uses when making its decision.
focus of the Compromis. The issues will vary in each Jessup It states:
Compromis, but the need to adopt a rigorous methodology of
research is always present. “The Court, whose function is to decide in accordancewith
international law such disputes as are submitted to it, shall apply:
This part of the White & Case Jessup Guide provides guidance
to Jessup teams conducting international legal research. It is (a) International conventions, whether general or particular,
establishing rules expressly recognized by the
not intended to be comprehensive, but will help you devise
contesting states;
a research plan of primary and secondary sources to consult,
(b) International custom, as evidence of a general practice 1. Charter of the United Nations
accepted as law; The Charter of the United Nations sets out the governing
principles and functions of the main bodies of the United
(c) The general principles of law recognized by civilized nations;
Nations. The duties of the General Assembly, Security Council,
(d) Subject to the provisions of Article 59, judicial decisions and Economic and Social Council, Trusteeship Council, International
the teachings of the most highly qualified publicists of the Court of Justice and the Secretariat are listed, and the Charter
various nations, as subsidiary means for the determination is generally considered to be binding upon all United Nations
of rules of law.” member states, although debates exist over the meaning
of specific articles.The Charter is available online at
While some scholars and international lawyers might disagree, www.un.org/aboutun/charter/index.html.
the prevailing view is that this list outlines a hierarchy of
importance; that is, treaties will generally be thought of as more
2. Vienna Convention on the Law of Treaties
important than customary international law, while customary
international law will be more important than “general principles The Vienna Convention on the Law of Treaties (“VCLT”) was
of law,” and so forth. drafted in 1969 and entered into force in 1980. The VCLT codified
long-standing practices regarding treaty interpretation and
Article 38(1) is repeatedly referred to by Jessup judges, so compliance, and, for this reason, many if not all of its provisions
every competitor should have a thorough understanding of each are considered to be customary international law, binding upon
source of international law and its relative importance. Below all states regardless of ratification. Often-cited provisions in the
is a brief description of each category, with examples and VCLT include Article 19 (Formulation of reservations), Article 26
suggestions for research. (Pacta sunt servanda), Article 31 (General rule of interpretation)
and Article 32 (Supplementary means of interpretation). Article
A. Treaties and International Conventions 32 may be employed when citation of the preparatory work
(travaux-preparatoires) of a treaty is necessary to ascertain the
Each year, the Jessup Compromis either refers directly to or
meaning of a certain provision.
involves the application of international treaties and conventions
(it is common in the Jessup that one disputant state will be The Jessup Compromis almost always involves one or more of
party to a particular treaty while the other is not). Conventions the provisions of the VCLT, so all competitors should be
that are commonly applicable to one or both parties in the intimately familiar with this document. The VCLT is available
Jessup Competition include the Universal Declaration of Human online at http://untreaty.un.org/ilc/texts/instruments/english/
Rights, the United Nations Charter, the Vienna Convention on conventions/1_1_1969.pdf.
the Law of Treaties, the Vienna Convention on Diplomatic
Relations, the International Covenant on Civil and Political Rights
3. Universal Declaration of Human Rights
and the International Covenant on Economic, Social and Cultural
Rights. The Statute of the ICJ itself will often be directly relevant, The Universal Declaration of Human Rights (“UDHR”) was
especially if there is an issue regarding jurisdiction of the Court. adopted in 1948 by a resolution of the United Nations General
Assembly. There is some debate over whether the rights listed
Most international conventions and other important international in the UDHR are binding upon United Nations member states,
treaties are available on the United Nations Treaty Series or whether they constitute customary international law. This
(“UNTS”) website (http://treaties.un.org). This database is controversy will often be relevant in years when the Jessup
notable for its breadth and scope and also tracks the status of Compromis involves human rights, and, when it does, the
signature and ratification of various treaties and conventions, as UDHR is a critical source of law for all competitors. The
well as reservations/declarations of the parties. The UNTS Declaration is available online in dozens of languages at www.
should be constantly consulted during your preparation for the un.org/en/documents/udhr.
memorials and oral rounds.
4. International Covenant on Civil and Political Rights
The conventions discussed below are by no means
and International Covenant on Economic, Social
comprehensive, but they will provide guidance to those
and Cultural Rights
treaties that are typically relevant to the Jessup Competition
year after year. The International Covenant on Civil and Political Rights
(“ICCPR”) and the International Covenant on Economic, Social

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and Cultural Rights (“ICESCR”) are twin treaties that were investment treaties are of great importance. The United Nations
adopted in 1966 and entered into force in 1976. Generally Conference on Trade and Development provides information and
stated, the ICCPR contains the rights that a state must refrain links to the more than 2,000 bilateral investment treaties
from violating, while the ICESCR sets out rights that a state currently in force (www.unctad.org).
must provide for its citizens. In addition to the debate as to what
provisions of these treaties, if any, constitute customary
international law (a common theme in the Jessup Competition),
there is also debate as to the binding nature of the ICESCR
relative to the ICCPR. The ICESCR requires affirmative state
action that may be difficult for states to implement in practice.
These and other legal debates with respect to the ICCPR and
ICESCR mean that you will have to work hard to gather enough
research to show a particular provision of either convention
constitutes customary international law. In years when the
Compromis deals with human rights, the ICCPR and ICESCR are
almost always directly relevant.

The ICCPR and the ICESCR, as well as other important human

rights treaties, are available online at www2.ohchr.org/english/law.
Judges at the 2009 Georgian Jessup Competition
5. Other Important Conventions
B. Customary International Law
In years past, the Jessup Compromis has dealt with the United
Nations Convention on the Law of the Sea (“UNCLOS”), which Customary international law is a body of law which is binding
can be found at www.un.org/depts/los/index.htm. on all states, whether or not the law is codified in treaties or
has been agreed to by states.
Diplomatic and consular relations and the immunities of
international organizations are often the focus of the Jessup
1. Elements of Custom
Competition. The Vienna Convention on Diplomatic Relations
(“VCDR”), Vienna Convention on Consular Relations (“VCCR”) Rules of customary international law arise from (1) consistent
and the Convention on the Privileges and Immunities of the and widespread state practice and (2) a sense of legal obligation
United Nations are particularly relevant and are available on on the part of states (opinio juris). It is important to note that
the United Nations treaty website at http://treaties.un.org. both factors must be present in order for such norms to qualify
as custom (although some scholars suggest that opinio juris
The Jessup Compromis from time to time deals with may be implied from consistent and widespread state practice
international trade and investment law issues (for example, and need not always be proven separately). Jessup memorials
expropriation of foreign investment, most favored nation must always refer to these elements of custom and seek to
treatment), although the legal questions are typically framed as provide convincing evidence to prove or disprove a rule of
questions of customary international law rather than the custom. During oral pleadings, Jessup judges will often ask
application of specific trade and investment treaties. competitors detailed questions about state practice and opinio
Nonetheless, certain multilateral commercial conventions may juris, so every Jessup competitor should be prepared to engage
be important for your research, including, for example, the in an extensive and substantive discussion on the nature of
United Nations Commission on International Trade Law customary international law.
(“UNCITRAL”) Model Law on International Commercial
Arbitration (www.uncitral.org/uncitral/en/uncitral_texts/ Proving that a particular norm is customary international law
arbitration/1985Model_arbitration.html) and the Convention on can be difficult, and you will need to support any assertion that
the Recognition and Enforcement of Foreign Arbitral Awards a norm is customary international law with multiple sources.
(“New York Convention”) (www.uncitral.org/uncitral/en/uncitral_ For example, in the Best Respondent Memorial—Baxter Award
texts/arbitration/NYConvention.html). Given the rising Winner for “The Case Concerning The Mairi Maru” (2005),
prominence of investor-state arbitration, bilateral and multilateral the team presented the following argument:

Researching International Law White & Case | 3

 “Despite common usage of the term, this Court must Canada (www.international.gc.ca), France (www.diplomatie.
apply the definition of piracy set out under customary gouv.fr), China (www.fmprc.gov.cn), India (www.meaindia.nic.
international law. That definition is codified identically in/) and Russia (www.mid.ru).
in the Geneva Convention on the High Seas and the
United Nations Convention on the Law of the Sea. Research and advocacy organizations also publish commentary
Both agreements reflect customary international law on state practice on specific issues (for example, Human Rights
with respect to all matters related to this dispute.” Watch and Amnesty International). The International Committee
of the Red Cross (www.icrc.org) publishes Customary
The footnote to the last sentence above contained both the International Humanitarian Law, which is an indispensible
conventions listed as well as judicial decisions and treatises resource for evidence of state practice with respect to
supporting the contention that the conventions reflect international humanitarian law (a favorite Jessup topic). The
customary international law: International Law Association (www.ila-hq.org) is also an
excellent source for studies on various international legal topics.
“3. See High Seas Convention, supra note 1, Preamble;
Case Concerning Delimitation of the Maritime Boundary The resolutions of international organizations (such as the
of the Gulf of Maine Area (Can. v. US), 1984 I.C.J. 246, General Assembly of the United Nations) may also be used as
294; Case Concerning the Continental Shelf (Libya v. evidence of customary international law. UN General Assembly
Malta), 1985 I.C.J. 13, 30; Case Concerning the Arbitral resolutions and the resolutions of other UN bodies are available
Award of 31 July 1989 (Guinea-Bissau v. Sen.), at www.un.org. When considering whether to use such
1990 I.C.J. 64, 72, (separate opinion of Judge Evensen); resolutions as evidence of custom, you need to research
Case Concerning Passage through the Great Belt (Fin. v. whether they have been endorsed by a large number of states,
Den.), 1991 I.C.J. 12, 13; Restatement (Third) of Foreign whether the resolution was adopted with or without a vote and
Relations Law of the United States, Part V, Introductory whether the legal principles contained in the resolution have
Note [hereinafter Restatement of Foreign Relations].” been previously stated in other resolutions. These are important
considerations because they go towards the “widespread state
Among the most widely accepted customary norms are those practice” and opinio juris requirements of custom. When making
that are considered “peremptory,” or jus cogens, meaning rules written or oral arguments, the more resolutions or comments
that are binding upon all states and no derogation is permitted, from an international organization you can point to that cite a
by treaty or otherwise. Examples of jus cogens include the particular principle of law, the stronger your argument that the
prohibition on maritime piracy, slavery and genocide. principle is customary international law.

2. Identifying State Practice and Opinio Juris As will be explained further below, a great source of research
There is no single way to find evidence of state practice, and the is always the International Law Commission (“ILC”) at
sources and materials to consult will depend on the subject www.un.org/law/ilc. The ILC includes in its annual reports to
matter of the customary rule sought to be proven or disproven. the General Assembly draft articles codifying principles that
However, Jessup competitors are expected to make the effort to it considers to be customary international law (See Section E
research the typical sources of evidence to prove customary below). State commentary to such draft articles under
international law: diplomatic correspondence, policy statements consideration can also be used as evidence of state practice.
and press releases by states, opinions of Ministry of Foreign
Finally, an often overlooked research resource that has only
Affairs (or other state government) legal advisors and official
become easily accessible in recent years are the written
rules and procedures adopted by national governments (for
submissions by states appearing in cases before the ICJ, many
example, military manuals).
of which are available on the Court’s website (www.icj-cij.org). The
A first step is to consult the websites of states’ foreign Memorials themselves are, of course, not evidence of custom.
ministries in order to find statements and policies on current However, if you look carefully at the footnotes in the Memorials
events and the status of various treaties. States which provide submitted by the disputant states, you might find a wealth of
substantive documentation on their websites include the United evidence your Jessup team can rely on as well. Depending on the
States (www.state.gov), the United Kingdom (www.fco.gov.uk), rule of custom sought to be proven, you may find that the
disputant states have done much of the work for you.

4 | White & Case Researching International Law

3. National Legislation and Judicial Decisions negotiation of a treaty may indicate that a principle has not yet
If enough countries have adopted similar legislation setting out risen to the level of custom. Finally, state reservations to treaties
a particular rule (for example, “polluter pays”), this may be used should also be considered.
not only as evidence of state practice, but that states feel legally
Jessup competitors are often required to argue that a particular
obligated to implement such rule (i.e., opinio juris). Similarly, if
treaty rule is also a codification of customary international law
there are widespread judicial rulings that find the existence of
(be careful not to argue that the entire treaty, as opposed to a
the same legal rule (for example, “duty to consult” with respect
particular provision, constitutes custom—this is almost never
to use of international watercourses), such decisions may be
true). This issue often arises with respect to treaties like the
used as evidence to prove custom.
VCLT, the Geneva Conventions, the Convention Against Torture,
Accessing national legislation and domestic court rulings has UNCLOS and the ICCPR/ICESCR. When conducting your
become easier because of the internet. Some online resources research into whether a particular treaty provision also qualifies
are provided in Part IV. as a rule of customary international law, consider the following:
whether the relevant principle is accepted by a large number
and variety of states (and possibly included in more than one
4. Counter-arguments to a Claim of Customary
international treaty); whether the principle is applied in the same
International Law
way and for the same purpose by states and whether the
Jessup teams are often required to argue that a particular rule principle has been practiced for a long period of time, regardless
is not customary international law. When conducting research of the treaty date. Focus your research on these questions and
for such “negative” evidence, focus on finding conflicting legal your arguments will be enhanced significantly.
theories from qualified publicists or conflicting judicial decisions
on the status of a principle as customary international law. Look
C. General Principles of Law
for “persistent objectors,” i.e., states that constantly refuse to
acknowledge or comply with the rule principle in question—this The “general principles of law recognized by civilized nations”
may undermine an argument that a particular rule constitutes as set out in Article 38(1)(c) of the ICJ Statute is traditionally
considered to include such broad legal concepts as good faith,
custom, or at the very least may exempt the persistent estoppel, equity, proportionality and res judicata—fundamental
concepts that are found in every municipal legal system.
“General principles of law” may also refer to those general
principles that emerge out of international relations, as opposed
to national domestic legal systems (for example, “sovereign
equality of states” and “non-intervention” are often referred to
as “general principles of law”).

Researching “general principles of law” usually overlaps with

the same sources as those for customary international law. With
respect to those general principles of law from domestic legal
systems, they are often referred to and identified in national
codes or judicial decisions, particularly those of a state’s highest
court. For example, in the Best Respondent Memorial for “The
Case Concerning The Mairi Maru” (2005), the team stated that:
The 2009 White & Case Polish Jessup Competition before an “[The] ‘polluter pays’ principle has been recognized as a
oral round ‘general principle of international law.’ (180) International
jurisprudence supports this contention, especially the
Trail Smelter, Lac Lanoux, Corfu Channel and Gut Dam
objector(s) from the application of that rule. Jessup teams
cases. (181) The OECD encourages nations to mplement
should also consult, when they are available, the travaux-
the ‘polluter pays’ principle in domestic regulation, (182)
preparatoires (preparatory work) for the treaties. Long
a directive widely followed. (183)”
negotiations or lack of agreement among states during the

Researching International Law White & Case | 5

The footnotes to this paragraph include several national Investment Disputes will be relevant for a Jessup Problem
legal codes: involving international investment law.

“183. See, e.g., Cass. civ., 15 Jun. 1972, D. 1973 312, A brief summary of the main international courts most often
note Michel Despax (Fr.); General Principles of the Civil relevant for the Jessup are described below.
Law of the People’s Republic of China, art. 124; RS 814,
8 Oct. 1971, arts. 36(1), 36(4) (Switz.).” 1. International Court of Justice
The laws and high court decisions of many countries are The ICJ was established in 1945 by the Charter of the United
increasingly available on the internet (see Part IV). Additionally, Nations and is the principal judicial organ of the United Nations.
Professor Bin Cheng’s treatise, General Principles of Law as Only states may submit legal disputes to the Court, although
Applied by International Courts and Tribunals (Cambridge, 2006) United Nations organs and other agencies may request advisory
is a comprehensive authority on arbitral and judicial decisions opinions on legal issues. The Court’s decisions in contentious
that have relied upon general principles. cases are binding upon the two state parties involved, but
advisory opinions are nonbinding.

The ICJ’s website (www.icj-cij.org) is comprehensive and

generally easy to navigate. On the left side of the homepage is
a navigation bar: “The Court” contains procedural and other
information about the ICJ, and “Cases” gives you the option of
narrowing your search to either contentious cases or advisory
proceedings. The cases are listed chronologically, with the most
recent decisions (or pending cases) near the top of the page.
Written pleadings and transcripts of oral hearings are sometimes
available on the ICJ website and can be quite useful. Commonly-
cited ICJ cases in the Jessup Competition include the Corfu
Channel case, the Nicaragua case and the Arrest Warrant of 11
April 2000 case.

A Jessup team preparing for an oral round in the

2. Permanent Court of International Justice
2009  White & Case Russian Jessup Competition
The Permanent Court of International Justice (“PCIJ”) was the
predecessor of the ICJ and was established in 1922, as provided
D. Judicial Decisions in the Covenant on the League of Nations. The PCIJ was the first
The International Court of Justice is not bound by precedent tribunal with general jurisdiction and several of its decisions,
(see Article 59 of the ICJ Statute). However, its own decisions such as the Case of the S.S. Lotus, Mavrommatis Palestine
and the decisions of other courts and arbitral tribunals may be Concessions and Legal Status of Eastern Greenland are still
used by the Court as persuasive authority. cited by the ICJ in its judgements. These PJIC rulings are almost
always relevant for the Jessup Competition. The PCIJ was
Which courts and arbitral tribunals are relevant for a particular dissolved in 1946 after the Charter of the United Nations
legal issue will depend on the subject matter of the Compromis. provided for the establishment of the ICJ. The PCIJ’s decisions
For example, if the Compromis involves issues of indigenous and reports are available on the ICJ’s website. On the left side of
rights, domestic court decisions from countries such as the homepage is a tab titled “Permanent Court of International
Australia, New Zealand and Canada may be helpful, since those Justice.” Once you click this tab, there are instructions on how to
countries have significant indigenous populations. If you are find specific cases and reports from the PCIJ.
looking for authority on crimes against humanity or broader
issues in international law, the ICJ itself or the international ad
3. European Court of Human Rights
hoc tribunals (such as the ICTY and ICTR—see below) will be
more useful. Decisions of arbitral tribunals established under the The European Court of Human Rights (“ECHR”) was established
auspices of the International Centre for Settlement of in 1959, following the adoption of the Convention for the
Protection of Human Rights and Fundamental Freedoms in the

6 | White & Case Researching International Law

Council of Europe in 1953. The ECHR is a permanent court and humanity and war crimes in Rwanda and neighboring states
has jurisdiction over states alleged to have committed violations during the 1990s.
of rights contained in the Convention. Unlike the ICJ, the ECHR
accepts cases brought by individuals as well as states. The ICTR website is http://69.94.11.53/. The structure is different
from that of the ICTY website. The website’s front page provides
Even though its rulings are based upon a regional human rights a choice of viewing the website in English, French or Kinyarwanda.
treaty, the decisions of the ECHR are still important persuasive Once you choose a language, you enter the main website. On the
authority in the area of international human rights law and are a left side are various headings: “About the Tribunal” will take you to
key source for Jessup competitors when the Compromis information about the ICTR and its establishment. The Statute of
involves human rights. the ICTR, the Security Council resolution establishing it and other
procedural documents are available under the heading “Basic
The ECHR’s website is www.echr.coe.int. Everything on the Legal Texts.” To search for cases, click on the heading “Cases,” and
ECHR’s website is available in English and French, and the then “Status of Cases.” This will lead you to a page where you will
homepage has links to “The Court” which provides background see all of the indictments and judgments listed alphabetically
information about the ECHR. There is also a “Case-Law” button according to the current status of the cases. For example,
that leads you to the ECHR’s “HUDOC” search engine, in which documents relating to the Akayesu and Nahimana cases
you can input information about the case (title, quotations, can be found under “Completed Cases.”
respondent state, application number, etc.) in order to find the
full text of the case. Documents from both pending and
6. International Military Tribunal
completed cases are available, as well as advisory opinions
and resolutions. The International Military Tribunal was convened in 1945 in
order to try the most prominent members of the Nazi
leadership in Germany. It is the best-known of the tribunals
4. International Criminal Tribunal for the
Former Yugoslavia established following World War II and it is considered the
beginning of the development of international criminal law.
The International Criminal Tribunal for the Former Yugoslavia Decisions from the International Military Tribunal can be
(“ICTY”) was established in 1993 by United Nations Security located by the names of the officials indicted at
Council Resolution 827. The ICTY has jurisdiction over individuals www.yale.edu/lawweb/avalon/imt/proc/judcont.htm.
alleged to have committed four categories of crimes in the
former Yugoslavia during the ethnic conflicts of the 1990s:
7. Inter-American Court of Human Rights
genocide, crimes against humanity, war crimes and grave
breaches of the Geneva Conventions. The Inter-American Court of Human Rights (“IACHR”) was
established in 1979 for the purpose of implementing and
The ICTY website is www.un.org/icty. The website’s home page enforcing the American Convention on Human Rights. The
contains information about the ICTY under the heading “ICTY at Convention has been ratified by twenty-five North and South
a glance.” The Statute of the ICTY and other procedural American states and is therefore binding upon those states. The
documents are available under the heading “Basic legal IACHR has jurisdiction over human rights violations committed
documents.” To search for cases, click on “ICTY Cases and by states-party to the Convention, and cases may be referred to
Judgments.” You can search for cases either by the case it by either the Inter-American Commission on Human Rights
numbers (if you already have a citation for the case you are (another organ of the Organization of American States dedicated
looking for) or by the name of the accused. Searching by name to the protection of human rights) or by other states-party.
can make the process easier, especially when looking for the
well-known ICTY cases (for example, Tadic, Karadzic or Krstic). The IACHR’s website is www.corteidh.or.cr/index.cfm, and is
available in English and Spanish. The homepage contains
5. International Criminal Tribunal for Rwanda headings across the top: “Information” provides background
information on the court, and “Jurisprudence” has links to the
The International Criminal Tribunal for Rwanda (“ICTR”), similar “Decisions and Judgments” and “Advisory Opinions.” The cases
to the ICTY, was established in 1994 by a United Nations under both sections are listed chronologically, with the most
Security Council resolution. The ICTR has jurisdiction over recent cases at the bottom of the page. The “Jurisprudence”
individuals alleged to have committed genocide, crimes against

Researching International Law White & Case | 7

heading also allows you to search for cases by respondent (the PCA is currently administering more than twenty investment
country. Notably, the “Jurisprudence” heading also provides the arbitrations). The PCA has also administered numerous boundary
orders that the IACHR issues to states to implement their disputes (for example, Eritrea-Ethiopia) and disputes involving the
judgments under “Compliance with Judgment.” Law of the Sea (for example, Ireland v. United Kingdom (the
“MOX Plant Case”)). Jessup competitors should always consult
8. Other International Human Rights Courts the PCA website for useful but often overlooked precedent.
and Tribunals
The PCA’s website (www.pca-cpa.org) contains a tab at the top
Various United Nations human rights bodies provide mechanisms labeled “Cases,” which has a partial list of past and pending
for individuals to file complaints against states with respect to cases, with accompanying documents.
violations of key UN human rights conventions (for example, the
Convention against Torture and the Convention on the Elimination
10. Other Specialized Courts/Tribunals
of Racial Discrimination). Decisions of such bodies may be a
valuable resource to Jessup competitors when the Compromis There are several international tribunals whose rulings may be of
deals with Human Rights and can be found under the “Human great value to Jessup competitors, depending on the subject
Rights Bodies” tab on the Office of the High Commissioner for matter of the Compromis. Any Jessup Problem that deals with
Human Rights website at www.ohchr.org. international investment will require extensive research of the
decisions of the Iran-US Claims Tribunal (www.iusct.org/) and
The International Criminal Court (“ICC”) (www.icc-cpi.int) will arbitral decisions under the auspices of the International Centre
undoubtedly be closely monitored within the international for Settlement of Investment Disputes (www.worldbank.org/
legal community. icsid/). Jessup Problems that deal with international trade will
require research of the decisions of panels at the World Trade
Organization (www.wto.org). If the Jessup Compromis deals
with the law of the sea, the decisions of the International
Tribunal for the Law of the Sea (www.itlos.org) will be crucial.

E. Highly Qualified Publicists

1. Books/Articles
The “teachings of the most highly qualified publicists” can be
found in books and articles by legal scholars. When citing the
work of a publicist as persuasive authority, be cognizant of the
publicist’s standing in the international legal community and the
degree to which the publicist’s views are shared by others.
Scholars who are widely known and respected are more
persuasive than scholars who are less familiar to the Court.
Jessup judges deliberating at the International Rounds
Below is a sample of classic general treatises by highly qualified
publicists that Jessup competitors rely upon every year. They are
9. Permanent Court of Arbitration
an excellent starting place for research on a wide range of legal
The Permanent Court of Arbitration (“PCA”) was established topics, and their bibliographies and footnotes will point you to
in 1899 by the Hague Convention on the Pacific Settlements further and more specific sources.
of International Disputes. The PCA has more than 100 member
states, and provides dispute resolution assistance for cases ……Ian Brownlie, Principles of Public International Law
involving states, state-owned entities, inter-governmental (6th ed. 2003)
organizations and private parties (for example, facilitating
arbitrations, hearing facilities at The Hague). ……Vaughan Lowe, International Law (Oxford, 2007)

The PCA has taken on greater importance in recent years, largely

because of the rise in international investment treaty arbitration

8 | White & Case Researching International Law

……L.Oppenheim, Oppenheim’s International Law, Part 1 and 2 2. International Law Commission
(Robert Jennings and Arthur Watts eds., 9th ed. 1992) Another important source of “teachings of the most highly
qualified publicists” is the work of the International Law
……Malcolm N. Shaw, International Law (5th ed. 2003)
Commission. The ILC was established by resolution of the
UN General Assembly in 1947 for the “promotion of the
Textbooks in other languages can and should be utilized,
progressive development of international law and its
when appropriate:
codification” pursuant to Article 13, paragraph 1 of the UN
……Pierre-Marie Dupuy, Droit International Public (9th ed. 2008) Charter. It is comprised of 34 members elected by the General
Assembly who are drawn from academia, diplomacy,
……Alain Pellet, Droit International Public (7th ed. 2002) government ministries and international organizations.

The publication of The Hague Academy of International Law, To promote the “codification” of international law, the ILC
Receuil des Cours (Collected Courses), is a highly respected publishes draft articles setting out what it considers to be rules
collection and invaluable resource for Jessup competitors. Some of customary international law where there has already been
university libraries have the entire collection of books (which go extensive state practice, precedent and doctrine. These draft
back more than 80 years), others have an online subscription articles are accompanied by commentaries, written by a
(www.nijhoffonline.nl/pages/recueil-courses). Given the prestige Special Rapporteur appointed by the ILC, and provide illustrative
of The Hague Academy and those publicists whose lectures are cases and analysis critical to a thorough understanding of the
the basis for the Collected Courses, citations to them are law sought to be codified. One key example of the ILC’s work
especially credible in the Jessup Competition. (and always important for the Jessup) is the Draft Articles on
Responsibility of States for Internationally Wrongful Acts,
Although the Restatement of the Law Third, Foreign Relations of commonly referred to as the “Draft Articles on State
the United States published by the American Law Institute is Responsibility” or simply “Draft Articles.”
specifically applicable to the United States, its sheer breadth and
detail make it a worthwhile resource for any Jessup competitor. Each year the ILC publishes its Yearbook of the International Law
The Encyclopedia of Public International Law, published by the Commission, containing its annual report to the General
Max Planck Institute for Comparative Public Law and Assembly as well as any draft articles and commentaries
International Law, is a comparably invaluable starting point. adopted at its annual plenary session. The Yearbooks are
available on the internet at www.un.org/law/ilc/.
Annual yearbooks of international law—the British Yearbook of
International Law, Netherlands Yearbook of International Law,
Annuaire Français de Droit International, just to name a few—are
also credible academic sources. Law journals are also key
sources; the more prestigious the publication (for example, the
American Journal of International Law), the more credible the
source, in the eyes of Jessup judges.

Articles in journals and yearbooks can be found by conducting

online searches with LexisNexis, Westlaw, or HeinOnline.
Jessup competitors are usually given free access to these
databases (contact the International Law Students Association
for information). Try to consult publications from different
countries and authors from different backgrounds in order to
gain a broad perspective on the topics you are researching and
to avoid being overly influenced by a particular point of view.

2009 Jessup World Champions—Universidad de los

Andes (Colombia)

Researching International Law White & Case | 9

IV. Electronic Resources ……The Lauterpacht Centre for International Law
http://www.lcil.cam.ac.uk/
The internet contains vast resources for researching
international law. The list below is not meant to be Part of the Faculty of Law at Cambridge University, the
comprehensive or exhaustive, but should lead you to many other Lauterpacht Centre for International Law provides topical
important sources for purposes of the Jessup Competition. publications and lecture transcripts.

……American Society of International Law (ASIL) ……List of Guides for Foreign Legal Research
http://www.asil.org/ http://www.law.columbia.edu/library/Research_Guides/
foreign_law/foreignguide
The ASIL website contains the electronic resources below as
well as ASIL publications and transcripts of recent ASIL ……The Max Planck Institute for Comparative Public Law
meetings and speeches.
and International Law
—— ASIL’s Electronic Information System for International Law http://www.mpil.de/ww/en/pub/news.cfm
(EISIL) at http://www.eisil.org/
The Institute is a research center for current developments
EISIL contains a collection of primary documents and and issues in international law, with an Online Public Access
websites organized by area of law. The human rights area Catalogue containing books and articles.
is broken down by subject matter.
……Multilateral Treaties Deposited with the UN Secretary
—— ASIL’s Electronic Resource’s Guide (ERG) General and UN Treaties Database
http://www.asil.org/erghome.cfm
http://untreaty.un.org/
ERG is a thorough, up-to-date research guide organized http://treaties.un.org/
by area of law, including human rights.
The multilateral treaty database website tracks the status of
……Avalon Project at Yale Law School more than 290 treaties drafted under the UN and League of
Nations. It also provides status information and the
http://www.yale.edu/lawweb/avalon/avalon.htm
reservations/declarations of the parties. It is limited to those
This website provides a collection of historical treaties from treaties deposited with the Secretary General.
pre-18th century through the 20th century.
……Tufts Fletcher School Multilaterals Project
……Bayefsky http://fletcher.tufts.edu/multilaterals.html
http://www.bayefsky.com/
This website contains a collection of multilateral conventions
This site is devoted to the UN human rights treaty system and other agreements organized chronologically and by
with complete information on the seven core UN human subject. Most treaties provided here are post-1945.
rights treaties. This site is searchable by subject matter and
……Universityof Minnesota Human Rights Library
links to human rights websites hosted by the UN and by
universities and NGOs. http://www1.umn.edu/humanrts/

……Compilations and Collections of Laws This website contains a collection of human rights treaties and
other international instruments organized by subject matter. It
from Numerous Countries
lists the ratification of human rights treaties organized by
http://www2.lib.uchicago.edu/~llou/foreignlaw. country and bibliographies and links to human rights websites.
html#countries You have the option to search for documents on multiple
human rights sites at once, including Amnesty International
……Constitutions of the World and Human Rights Watch.
http://confinder.richmond.edu/

……Foreign Primary Law on the Web

http://www.law.uh.edu/libraries/fi/foreignlaw.html

10 | White & Case Researching International Law

V. Conclusion
Researching international law can be a frustrating exercise, but it
will also be immensely satisfying if done right. Without a single
source of law to consult, you need to cast a wide net and be
creative in your research. You should take time to think about
the Compromis before you start your legal research and then
conduct enough research so you can start writing your
memorials based on a detailed outline. As with everything
in the Jessup, leave yourself a lot of time, be deliberate
and be strategic.

Researching International Law White & Case | 11

Appendix A—Fundamental Resources

This list of Fundamental Resources was compiled by the III. Resources Available from Outside
ILSA Executive Office.
Sources
I. Resources Available from the ILSA Website Online Legal Research
……International Court of Justice cases http://www.icj-cij.
Jessup Research Homepage
org/docket/index.php?p1=3 (organized by year and case
……Research tips and links to resources
type (contentious cases and advisory proceedings); includes
http://www.ilsa.org/jessup/research.php
pending cases)

Video Recordings of Past World Championship Rounds ……Basic documents governing the International Court of
http://www.ilsa.org/merch/dvd.php Justice http://www.icj-cij.org/documents/index.php?p1=4
(includes the UN Charter, the Statute of the Court, and the
……DVD videos (years 2004-2009 are available in DVD format) Rules of Court)
US$40.00
……Database of all treaties in the United Nations Treaty
……VHS videotapes, PAL format (limited years available) Series http://treaties.un.org/Pages/UNTSOnline.aspx?id=1
US$5.00 (searchable by treaty name, participant country, key dates,
and treaty full text)
……VHS videotapes, NTSC format (limited years available)
US$5.00 ……Status of all multilateral treaties deposited with the
UN Secretary-General http://treaties.un.org/Pages/
Basic International Legal Materials Treaties.aspx?id=1&subid=A&lang=en (searchable by
http://www.ilsa.org/jessup/materials.php type of treaty and name of treaty; includes date entered into
force, number of signatories, number of parties, participants
……2010 Jessup Competition Basic Materials List, Batch 1 by country name, and dates of accession, succession,
(October, 2009) and ratification)

……2010 Jessup Competition Basic Materials List, Batch 2 ……Categorized United Nations Documents
(December, 2009) http://www.un.org/en/documents/index.shtml (includes
links to key documents, UN General Assembly sessions
II. Resources Available from the ILSA and resolutions, Security Council meeting records and
Executive Office resolutions, and the Secretary-General’s annual reports;
links are organized by UN body and document type)
Publications
……OfficialDocumentation System of the United Nations
……ILSA Quarterly (most recent issue)
(ODS) http://documents.un.org/ (includes resolutions of the
Free to registered teams
General Assembly, Security Council, Economic and Social
……Bob Beckman’s Introduction to International Law Council and the Trusteeship Council from 1946 onwards;
Free to registered teams includes all types of official United Nations documentation
from 1993 onwards; older documents are added to the
system on a daily basis; documents are searchable by date,
symbol, session, agenda item number, and full text)

12 | White & Case Researching International Law

Appendix A—Fundamental Resources (Cont’d)

……United Nations Documentation Research Training ……Gardiner,Richard, Treaty Interpretation, Oxford University
Guides http://www.un.org/depts/dhl/resguide/train.htm Press (2008)
(includes instructional PowerPoint presentations about how
……Jennings, Robert and Arthur Watts, Oppenheim’s
to retrieve documents using the Official Document System
and the Bibliographic Information System, the journey of International Law: Volume 1 Peace (v. 1), 9th ed., Oxford
documents through the Security Council, and searching the University Press (2008)
UN website)
……Shaw, Malcolm N., International Law, 6th ed., Cambridge
……International Law Commission http://www.un.org/law/ilc/ University Press (2009)
(includes a research section with links to text, intstruments Jessup Collections
and final reports; annual reports; summaries; and an
analytical guide to the Commission's work organized ……Jessup Compendium, a compilation of Competition
by legal issue) Problems and winning memorials from prior years, available
for purchase from HeinOnline.
Mooting and Legal English Guides
http://www.wshein.com/Catalog/Product.aspx?sku=4160
……White & Case Jessup Guide
http://jessup.whitecase.com/newsdetail.aspx?news=2450

……ILSA Guide to International Moot Court Competition,

available from the International Law Institute, US$30.00
http://www.ili.org/publishing/ilsa_guide.htm

……Kee,
Christopher, The Art of Argument—a guide to mooting,
Cambridge University Press

……Wojcik Mark E., Introduction to Legal English: An

Introduction to Legal Terminology, Reasoning, and Writing
in Plain English, 3rd ed., International Law Institute
http://www.ili.org/publishing/l.eng.htm

Treatises and Casebooks on International Law

……Buergenthal, Thomas and Sean Murphy, Public International

Law in a Nutshell, West Publishing (2006)

……Brownlie, Ian, Basic Documents in International Law, 6th

ed., Oxford University Press (2009)

……Brownlie,Ian, Principles of Public International Law, 7th ed.,

Oxford University Press (2008)

……Harris,D.J., Cases and Materials on International Law,

6th ed. Sweet & Maxwell (2004) [7th ed. Forthcoming
(May 31, 2010)]

Researching International Law White & Case | 13

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