General suggestions for evaluating secondary sources on foreign law for authority:
Emory Library Search. Use Emory's library catalog to find treatises, including ebooks. Try searches for "private international law," "conflict of laws," "transnational litigation," or more specific topics like "international sales" or "international family law." Private international law is found in the library around K7040.
Use WorldCat to find treatises in other libraries for interlibrary loan.
Many legal research guides include titles to treatises on international law and foreign law.
Vanderbilt Law Library's Treatise Finders include Private International Law, International Commercial Arbitration, and Transnational Litigation.
Georgetown Law Library Treatise Finders by subject include International Law and International Trade Law.
University of Michigan Law Library Treatise Finders by Subject include International Law, Conflict of Laws, and Comparative Law.
Oxford Bibliographies on International Law include titles in topics within international law
Max Planck Encyclopedias of International Law have articles that include bibliographies of secondary sources.
Elgar Research Reviews include articles on topics including private international law, with recommended readings from treatises and law journals. Search the catalog by topic and "Elgar research review."
UNILEX has Bibliographies on the UNIDROIT principles of International Commercial Contracts and the UN Convention on Contracts for the International Sale of Goods (CISG), with entries by author, treaty/principle article, and subject area.
Pace University's Institute of International Commercial Law has an International Sales Law Bibliography in its CISG Database. Create a free account and log in for access.
The Oxford Legal Research Library database has electronic, searchable versions of major titles in Private International Law (including Cheshire, North, and Fawcett on Private International Law), International Commercial Law, International Commercial Arbitration, and Financial and Banking Law.
Dicey, Morris and Collins on the Conflict of Laws by
Dicey, Morris and Collins provide a leading authority on the conflict of laws. It explains the rules, principles and practice that determine how the law of England & Wales relates to other legal systems. Its commentary, Rules and illustrations, with detailed reference to international conventions, legislation and case law, ensures it remains an indispensable tool for practitioners engaged in cross-border matters.
Cheshire, North and Fawcett: Private International Law by
The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. There is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
Private International Law by
Is Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration.
Substance and Procedure in Private International Law by
When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws.
Codifying Choice of Law Around the World by
Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive country-by-country codification of Private International Law (PrIL) or Conflict of Laws that has taken place in the 50 years from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions. This book provides a horizontal comparison and discussion of these codifications and conventions, firstly by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL.
Choice of Law in International Commercial Contracts by
Although the possibility of making a choice of law in respect of international commercial contracts has become widely accepted, national law still diverges in many respects with regard to the scope and relevance of, and the limitations on, party autonomy, leading to uncertainty in international commercial relations. This book compares the Hague Principles on Choice of Law in International Commercial Contracts (2015) with national, regional, supranational, and international rules on choice of law around the world in order to chronicle the divergent approaches which exist today. The work is introduced by a comprehensive comparative report which sets out the similarities and differences between the featured national, regional, supranational, and international rules, comparing such rules with those of the Hague Principles, thereby initiating a discussion on further harmonization in the field. Another report focuses on the application of the Hague Principles in the context of international commercial arbitration. Finally, examining each jurisdiction in detail, the book presents sixty national and regional article-by-article commentaries on the Hague Principles written by experts from all parts of the world. This dedicated and in-depth global comparative study of national, regional, supranational, and international rules provides a definitive reference guide to the key principles in respect of choice of law for international commercial contracts.
Other treatises on subtopics in private international law:
International Litigation Strategies and Practice by
This book takes a "real world" approach to international litigation practice, providing practical advice that can be readily implemented. Practical skills and strategies required for a practitioner to succeed in this distinctive practice area. Part One discusses the essentials, including communicating with foreign clients, understanding civil law vs. common law systems, and more. Part Two addresses the strategic decisions and practice tools necessary to successfully initiate, defend, and conclude a transnational case. Part Three covers special problems and tribunals.
A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad by
This 2007 book assists the practitioner seeking to enforce a foreign judgment in the United States or a US-rendered judgment abroad in navigating the lack of procedural uniformity that exists and in planning strategies likely to ensure effective enforcement. As a handbook, it provides the practitioner with a framework and resources with which to approach and further research the laws of the relevant state or country. Part Two takes the practitioner through the process of obtaining an overseas jurisdiction's recognition and enforcement of judgments rendered in the United States. Part Three assesses the current trends in the US and in the international trade environment regarding enforcement of judgments which may be made by foreign courts.
Foreign Court Judgments and the United States Legal System by
Foreign Court Judgments and the United States Legal System, edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system. Divided into two Parts entitled Existing Doctrine and the Fourth Restatement, and Statutory Reform of the Law of Recognition and Enforcement, the volume collects a diverse range of topics, including a defense of territorial sovereignty, a consideration of its undergirding doctrine of refusal to recognize or enforce foreign penal and revenue judgments, and an examination of the role of the Supreme Court as the ultimate expositor and interpreter of a federal statute, among many others.
Comparative Recognition and Enforcement by
This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention.
Private International Law and Arbitral Jurisdiction by
International commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation.
The UN Convention on Contracts for the International Sale of Goods by
Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.
A Practical Guide to International Family Law by
As a consequence of the increased mobility of families between different countries, family lawyers are now frequently faced by cases with an international element. Such cases may relate to any of the whole range of family law issues, and the applicable law is often difficult to ascertain. A Practical Guide to International Family Law provides the practitioner with comprehensive coverage of the international elements of the law, presuming a knowledge of the general law of children, ancillary relief, etc.
These databases have articles on private international law and on the law of other countries :
Westlaw: International Journals (including Multi-National) and Secondary Sources on International Law
Lexis: Secondary Materials by country and region and International Law Reviews and Journals
Kluwer Law International Law Journal Library (Hein Online): Journals on international business law and arbitration. Four-year embargo for full text, with indexing for recent years.
International & Non-US Law Journals (Hein Online)
Index to Foreign Legal Periodicals (Hein Online): Index to books and law review articles from other countries, with links to articles available in Hein Online or through other databases available at Emory.
vLex Global: Includes foreign law journals and newspapers (some in English), arranged by country. Jurisdictions in vLex Global from around the world, but largest collections are for Latin America and European countries. See All Jurisdictions, find the jurisdiction you want, then go to Books and Journals.
JSTOR: Full-text, pdf journals, including older volumes. See the Advanced Search to narrow to journals by subject including International Relations, Law, and Public Policy & Administration.
Some specific journals on private international law include:
Journal of Private International Law
Public and Private International Law Bulletin (Istanbul University)
Resources for tracking news on private international law include:
ASIL (American Society of International Law) current awareness resources cover stories on international law:
Global Legal Monitor (Law Library of Congress): A review of major legal news stories from around the world, arranged by topic and jurisdiction. Most articles include Perma.cc links to legislation, jurisprudence, and news stories referenced.
Jurist World Legal News: News stories on foreign courts and legal issues, with links to primary documents and news sites.
News stories on multinational litigation can sometimes be found in the New York Times and the Wall Street Journal. Find instructions for setting up digital access in the library's research guides. Other sources for international news include Westlaw, Lexis, NewsBank, and vLex Global .
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