Feliz Dieciocho, Chile!

Secretary of State, Hillary Rodham Clinton, also sends her congratulations to Chile today, on its 199th anniversary of independence. 

Not only is Chile know for its wines, but it is also one of the top five legal publishers in Latin America. Our Country-by-Country page contains several Chilean legal research guides to help you get started. Additionally, if you venture down to the Lower East Side, head to LC Call Number KHF where you can have a look at our Chilean legal collection, including current Chilean laws and the Civil Code of Chile in English. You can browse the collection in Morris.  Look at the Latin American Journals & Serials page for a quick glance at our holdings in Chile.  We even have a few Chilean DVDs.

Legal databases containing Chilean legal material include vLex and InterAm (subscription databases) and SciELO (open access).

Of course, for additional research assistance, please contanct the reference department.

Que lo pases bien!

The just-released Treaties in Force 2009 publication by the U.S. Department of State will tell you what bilateral and mulitlateral treaties to which the United States is a party are currently in force.  This is an annual publication also available in print and on HeinOnline (subscription database available to Yale community only).

Treaty research can be complicated so there are plenty of research guides and databases to help with your research.  You will find them on our Foreign and International Research Resources page.

Our very own Zachary D. Kaufman, YLS JD Candidate '09, will be giving a book talk this Friday, April 17, 2009, at 4:00pm, in the Law Library's L3 Periodical Reading Room.  Zach, an Olin Fellow and editor-in-chief of the Yale Law & Policy Review edited After Genocide: Transitional Justice, Post-Conflict Reconstruction, and Reconciliation in Rwanda and Beyond with Philip Clark, research fellow at the Centre for Socio-Legal Studies, University of Oxford, and co-founder of Oxford Transitional Justice Research.

In After Genocide, published by Columbia University Press, ". . . leading scholars and practitioners analyze the political, legal, and regional impact of events in post-genocide Rwanda within the broader themes of transitional justice, reconstruction, and reconciliation."

The book includes ". . . chapters from Rwandan academics and practitioners, such as Tom Ndahiro, Solomon Nsabiyera Gasana, and Jean Baptiste Kayigamba—all of whom are also survivors of the 1994 genocide—and draws on their personal experiences. After Genocide constitutes the most comprehensive survey to date of issues related to post-genocide Rwanda and transitional justice."  Read a more complete description of the book.

After Genocide is not on our shelves yet, but it will be very soon!

On a related note, to start researching the domestic law of Rwanda, begin with our Country-by-Country guide.  A nice portal to Rwandan legislation is Lexadin's World Law Guide.  Also, a simple Morris "Call Number" search for Rwanda -- KTD --will return a list of titles that have been assigned to Rwandan law.  Other human rights materials related to Rwanda are found elsewhere in the library collection.  A Morris Subject Heading" search, human rights rwanda, will return more resources cataloged primarily under human rights rather than strictly Rwandan law.

The Institute of Advanced Legal Studies has released a new easy-to-use treaty index: FIT, the Flare Index to Treaties.

FIT is searchable by any one or a combination of the following:

• keywords drawn from the official, popular and alternative titles which have been used for each treaty
• additional keywords relevant to the subject matter or organisations associated with the treaty
• the date on which the treaty was concluded
• the place where the treaty was concluded

For example, a free-text search for "genocide" will redirect you to the Convention on the Prevention and Punishment of the Crime of Genocide.  When you click on the Convention, you'll discover that the treaty was concluded on 9/12/1958 in New York, and is published at 78 UNTS 277 (and many other places).  There are also several links that will take you to the full-text of the convention.

For more resources related to treaty research, including a drafting history (travaux preparatoires) research guide and an annotated list of databases, see the Yale Foreign and International Resources page.

The Law Library is testing Westlaw China, a new database with primary and secondary sources on China laws:

http://www.westlawchina.com/login.php

The trial user ID and password can be found in YLS Inside Research Sites under Library Database Passwords. 

The State Deparment recently began publishing online the Treaties and Other International Acts Series (TIAS).  This website is open-access and a work-in-progress. As of today there are only treaties from the years 1996 - 1998.  The treaties are available in pdf.

You can find scanned pdfs of the TIAS print volumes on HeinOnline from 1982 - 1996.

The print volumes of TIAS are available on L1 (KZ235.32 .U55) and, like the online State Department version, have only been released up to 1998.

The Frederick K. Cox International Law Center at Case Western Reserve law school has developed an exiting new War Crimes Research Portal.  The portal has four features:

1. the portal contains over a thousand links to websites related to international humanitarian law, arranged alphabetically by subject area and including a summary of the content of each site;
   
   
2. the portal contains the text of over 120 research memoranda on issues pending before the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, and the International Criminal Court.  The memos can be searched by date published, title, or keywords. (Cites to the memos should take the following form: [Author’s name], [Title of Memo], Research Memorandum Prepared for the Office of the Prosecutor of the [Name of Tribunal], [Date].); 
   
   
3. there is a Research Guide to international humanitarian law and tribunals, prepared by the Case Law School Law Library, which includes a bibliography of relevant articles and books, as well as links to international law journals on the Web;
   
   
4. the portal contains "instant analysis" articles, written each month by the members of the American Branch of the International Association of Penal Law, on the hottest topics in international criminal law.

Frederick K. Cox International Law Center also has webcasts available of recent events:

• War Crimes Research Symposium: The International Criminal Court and the Crime of Aggression
  Speakers: M. Cherif Bassiouni, Mark Ellis, Don Ferencz, William Schabas and many more
  http://law.case.edu/lectures/webcast.asp?dt=20080926
  
  
• Klatsky Seminar in Human Rights: The Future of Human Rights
  Speaker Information: Geoffrey Robertson, Queen's Counsel, formerly of the SCSL
  http://law.case.edu/lectures/webcast.asp?dt=20081106

When searching for books on war crimes and humanitarian law in Morris, try searching by the following Subject Headings:

• war crime trials
• war (international law)
• guerillas (international law)

HeinOnline is a subscription database collection available to the Yale community.*

HeinOnline's United Nations Law Collection will allow you to access UN research materials quickly and easily using the Finding Aids available from the collection home page.  The Finding Aids include the ability to:

• Find and retrieve a UN Treaty by entering the UNTS Citation
  
• Search for a UN Treaty by treaty/registration number, country, short title, popular name and more
  
• Search by subject, as all treaties have been assigned a Kavass Subject
  
• Find and link directly to law review articles that cite a UN Treaty

Hein has also developed user guides, video tutorials, FAQ’s, and more.  Training Resources Include:

• Quick Reference Guide (PDF format): http://heinonline.org/HeinDocs/UN_QuickRefGuide.pdf
  
• Video Tutorial: http://www.screencast.com/t/JN7N3S57
  
• United Nations Law Collection Wiki Page: http://heinonline.org/wiki/index.php/HeinOnlineLibSpec:United_Nations

The United Nations Law Collection Wiki page contains links to the Quick Reference Guide, Video Tutorial, FAQs, How-To information, search examples, and more!

Hein further invites users to collaborate and join in discussions via HeinOnline’s 2.0 Community.  Friend Hein on Facebook, collaborate on Hein's Wiki, subscribe to Hein's Blog, watch Hein on YouTube, or follow Hein on Twitter! 

Visit Hein at http://www.heinonline.org/home/training/Educational_Resources.html to find out more about our virtual community. 

*In order to access HeinOnline and other Yale subscription database from off-campus, you must be connected to the Yale network via VPN.

The International Video Law Library is a fantastic place to find, listen to, and watch leading experts in the field discuss substantive international law issues.  Also within the International Video Law Library is the Human Rights Video Library.

Some of the lectures in the library include:

• Thomas Buergenthal, Judge at the International Court of Justice, speaks about reservations to treaties.

• Philippe Kirsch, President of the International Criminal Court,  for an interview in September 2005 in which he introduced himself, and went on to give the historical background of the creation of the International Criminal Court.  President Kirsch then when on to explain how the Court functions, its structure, and finally gave a status report of the Court's activites as of 2005.

• James Crawford , Whewell Professor of International Law, University of Cambridge, considers his time at the UN International Law Commission as part of the Working Group on an International Criminal Court and the drafting of the 1994 Draft Statute for an International Criminal Court. The 1994 ILC Draft was source of the drafting process which ultimately lead to the 1998 Rome Diplomatic Conference and the creation of the International Criminal Court.

• Judge Navanethem Pillay, President of the International Criminal for Rwanda Tribunal (1999 - 2003) and later Judge of the International Criminal Court introduces herself and explains why the Rwanda Tribunal was established.  Judge Pillay speaks about the legacy which the ICTR will leave in respect to the evolution of international jursiprudence, and discusses the means by which the ICTR will finish its work. 

• Christine Chinkin, Professor of International Law at the London School of Economics and Political Science (LSE), discusses the feminist approach to international law.

There are many more.  Enjoy!

Of course the Yale Law Library has a fantastic print and electronic international law library.  For a list of our electronic international law resources, go to our webpage of Foreign, International and Transnational Law Resources.  Our international law reference books, treatises, looseleafs, and monographs are in the compact and open shelving areas and reading room on L1 as well as the Upper East Side.  The librarians are more than happy to assist you with your international legal research!

The BBC recently reported that the EU and Cuba have formally renewed ties that were severed 5 years ago following "a mass arrest of dissidents." Cuba will now receive 2 million Euros of aid for the hurricanes that swept over the island this summer; aid will increase to 30 million Euros next year.

The Yale Law Library purchases Cuban legal materials whenever possible, in both English and Spanish.  You can find Cuban materials on the Lower East Side (LES), Call No. KGN.  See, for example:

• The Role of the Judiciary in Post-Castro Cuba - KGH2545 .S26 2003
• Instrumentos internacionales sobre derechos humanos ratificados por Cuba - KGN3003 .I57 2001
• La protección del medio ambiente en Cuba - KGN3305 .A67 C66 2005

Of course we also collect interdisciplinary materials involving Cuba and the United States.  Try a Subject Heading search in our Morris catalog:

• Cuba - Foreign Relations - United States; or
• Cuba - Foreign Economic Relations - United States
• When you pull up an item record on Morris, click on any of the Subjects Headings to view other related Subject Headings.  Click again on any of the Subject Headings to find related books.
  

For a compilation of treaties involving Cuba, try another Subject Heading search: Cuba - Foreign Relations - Treaties .  Also check out the new and improved United Nations Treaty Collection database.  It's open-access and easy to search.

We also have a few Cuban DVDs:

• Lucia (1968) by Humberto Solas (one of my all-time favorites!)
• Quien Diablos es Julietta? (1967) by Carlos Marcovich
  
• Check IMDB for reviews: Lucia and Julietta
  

The Avalon Project also has documents pertaining to Cuba, specifically the Cuban Missile Crisis.

The new and improved United Nations Treaty Collection database is up and running.  In this fabulous open-access database, you can find the complete run of the United Nations Treaty Series (UNTS), League of Nations Treaty Series (LoN), Multilateral treaties deposited with the UN, Status of Treaties (MTDSG), Certified True Copies (CTCs) of treaties (pdfs), and  Depositary Notifications (CNs).  There is a UN legal research guide, cumulative index, and more.  The database has been further refined to offer a variety of advanced search features including Popular Name search, Title search, and Participant search.

UNTS is also available in print in the tunnel between L1 and the UES.  You can find all of Yale's subscription-based and some open-access international law databases and resources on our Foreign and International Law Resources page.

Lionel Messi, one of the world's greatest football (i.e. soccer) players at the moment, is caught in the middle of a conflict.  His national squad, Argentina, has called him to play in the Olympics this month.  His club team, Barcelona, who pays his multi-million euro salary, does not want him to go because of Champion's League obligations.  Barcelona has appealed to the Court of Arbitration for Sport (CAS) for a ruling.  Here is the court's summary of the dispute:

The CAS has registered an appeal from FC Barcelona against the decision made by the Single Judge of the FIFA Players' Status Committee regarding the release of players for the Olympic Games. This appeal will be handled together with the appeals filed by FC Schalke 04 and Werder Bremen against the same FIFA decision. The CAS will deliver its final ruling on or before 6 August 2008.

FIFA, the Fédération Internationale de Football Association, the governing body of football, has long contended that players should be released to play with their national teams.  A single judge from the FIFA Players' Status Committee ruled on July 30, 2008 that the clubs must release their players to the national teams.  This ruling was appealed by the clubs to the CAS.

AUGUST 6 UPDATE:  According to Reuters, the Court of Arbitration for Sport has shockingly ruled that club teams may recall their players from their national teams!  Regardless, both FIFA President Sepp Blatter and International Olympic Committee President Jacques Rogge are calling on the clubs to allow their players to remain in China to compete in the Olympics.

Photo of Lionel Messi in his Argentina kit from the Guardian: CAS steps in to stop players heading to Beijing.

The Yale Law Library has quite a few resources pertaining to the Court of Arbitration for sport such as:

• The proceedings before the Court of Arbitration for Sport -  2006 Conference - K3702 .P36 2007
  
• The Court of Arbitration for Sport, 1984 - 2006 - K3702 .C686 2006
• Arbitraje deportivo - K3702 .G66 2006

We also have other titles dealing with various aspects of sports law:

• The regulation of sport in the European Union - KJE6063 .R44X 2007
• Equal play: Title IX and social change - KF4166 .E68X 2007
• The strict liability principle and the human rights of athletes in doping cases - K3702 .S64 2007

There are many sports law journals, too (do a subject heading search in Morris, for example: Sports - law and legislation - united states - periodicals):

• Seton Hall journal of sports and entertainment law - K23 .E83 and Hein Online
  
• The sports lawyers' journal - K23 .P67 and Hein Online
  

The U.S. District Court in the District of Columbia has created a webpage of public information on the Guantanamo Bay cases.  Find the court schedule, court orders and opinions, and press releases and notices.

Meanwhile, back at the camp, the trial of Osama Bin Laden's driver, Salim Ahmed Hamdan, began about 10 days ago, as reported on NPR.  In 2006, Yale law students worked closely with Mr. Hamdan's lawyer, Neal Katyal, a YLS grad, in his challenge of the use of military commissions; they were victorious.  As a result,  Congress passed the Military Commissions Act of 2006.

Another Guantanamo prisoner, Omar Khadr, has been in the news recently as a result of the release of a videotaped interrogation conducted on the island.  The video was released by Mr. Khadar's defense team, as explained in this story on NPR. An interesting history of Mr. Khadar's life and eventual detention at Guantanamo can be read in a 2006 article in Rolling Stone; a summary of his legal history can be found on Human Rights First.

The U.S. Dept. of Defense, Military Commissions, has a website with court filings and documents pertaining to Mr. Khadr's and Mr. Hamdan's cases, as well as other Guantanamo Bay detainees facing trial.  The Military Commissions Act and Military Commissions Manual can also be found here.

The Yale Law Library has several recently published book on the Military Commissions Act of 2006 and the Guantanamo detainees:

• Honor Bound: Inside the Guantanamo Trials by Kyndra Miller Rotunda (2008)
• Bush, the Detainees, and the Constitution: The Battle over Presidential Power in the War on Terror by Howard Ball (2007)
  
• Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror by Jordan J. Paust (2007)

We also have interesting historical works on military commissions in the U.S.:

• Constitutional Limitation on Trials by Military Commissions by Harold Loeb (1943) (microfiche)
• Military Commissions for the Trial of Citizens: A Letter to the Attorney General of the United States by John H. James, Jr. (1860) (microfiche and MOML)
• An Argument to Establish the Illegality of Military Commissions in the United States, and Especially of the One Organized for the Trial of the Parties Charged with Conspiring to Assassinate the Late President, and Others, Presented to that Commission, on Monday, the 19th of June, 1865 by Reverdy Johnson, one of the counsel of Mrs. Surratt (1865)

There are several online, free research guides pertaining to the Military Commissions Act of 2006:

• Commentary: The Military Commissions Act and Habeas Corpus
• National Security Law Research

In an unprecedented decision the Vatican has granted Paraguayan President-elect Fernando Lugo dispensation of  "all obligations as a priest, as a bishop and as a religious man of the Divine Word" (my translation).  The dispensation by Pope Benedict XVI was formally announced today in Paraguay by Orlando Antonini, Apostalic Nuncio of the Vatican.  Antonini also stated that this decision was reached after several years of research and analysis into Canon Law.

President-elect Lugo resigned from the priesthood in 2006 when he decided to run for president.  His victory in April 2008 ended the 61-year rule of the Partido Colorado in Paraguay.  He will officially take office on August 15, 2008. At the time of his 2006 resignation, he was advised that he might be excommunicated for violating the Vatican's rule against clerical involvement in politics.  Read more...

Yale has a fantastic Canon Law collection located on the LES (Lower East Side) of the library, with current and historical texts in many languages, such as:

• The Canon Law (2002) (a handbook of Catholic Theology)
  
• Die Geschichte der Quellen und Literatur des Canonischen Rechts (1875) (The History of the Sources and Literature of Canon Law (my translation) - a bibliography).
  

• Revista Española de Derecho Canónico
  
• Revue de Droit Canonique. 

There are several excellent, free, online research guides to assist with Canon Law research:

• Canon Law Research Guide
• Comparative Religious Law Research Guide 

There is even a blog dedicated to Canon Law by Prof. Edward N. Peters, J.D., J.C.D., Sacred Heart Seminary in Detroit, MI:

• In Light of the Law

Recently I wrote that The Hague Academy of International Law's Recueil des Cours de l'Academie de la Haye was online with free browsing but at the time the Yale Law Library had not yet purchased a subscription to the full-text. 

Today I am happy to write that we have subscribed and you can now browse, search and access all the full-text articles.

"The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.  All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.

You can also access our complete print collection in the Yale Law Library on L1, Call No. KZ 3092 .R43.