research papers on international trade law

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International Trade Law Research Guide

Introduction.

• Secondary Sources: Treatises & Books
• Secondary Sources: Journal Articles
• Subscription Databases
• U.S. Government Agency Resources
• Internatioinal and Inter-Governmental Organization Resources
• Non-Governmental Organization Resources
• From GATT to the WTO: An Overview
• Quick Reference Table with Citations
• Texts and Status of the Agreements
• Negotiating Histories
• Commentaries
• Citations to WTO & GATT Agreements
• WTO Schedules & Tariff Information
• WTO Membership & Accession
• WTO Organization & Decision Making
• WTO & GATT Official Documents
• Dispute Settlement Practice & Procedure
• Dispute Status and Dispute-Related Documents
• Panel & Appellate Body Reports; Arbitration Decisions & Awards
• Citations to Dispute Resolution Materials
• Mega-Regional Trade Agreements: CPTPP & T-TIP
• NAFTA and the USMCA (NAFTA 2.0)
• U.S.-Canada Free Trade Agreement (Superseded by NAFTA)
• Dominican Republic-Central America Free Trade Agreement (CAFTA-DR)
• Other Research Guides & Update History

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The growth of international trade has generated a complex and ever-expanding body of primary law , including treaties and international agreements , national legislation , and trade dispute settlement case law .  This research guide focuses primarily on the multilateral trading system administered by the World Trade Organization .  It also includes information about regional and bilateral trade agreements , particularly those to which the U.S. is a party.  

Key Resources for International Trade Research

See the Subscription Databases page of this research guide for more detailed information about the resources that are briefly described below:

• Boderlex - trade-related news, with a particular focus on trade policy in Europe.  
• International Trade Practice Center - U.S. primary law governing international trade, secondary sources, practitioner tools, and news.  
• TradeLawGuide - tools for interpreting WTO agreements & case law.  
• U.S. International Trade Library - U.S. primary law & compiled legislative histories, congressional hearings, and secondary sources.  
• World Trade Online - trade-related news and current awareness.  
• WorldTradeLaw.net - WTO case law summaries & commentary.  
• WTO Analytical Index - interpretation & application of WTO agreements.  

Research Assistance and Help with Related Topics 

If you need assistance with international trade law research, visit the Research Help page of the Georgetown University Law Library's website. Or contact the Law Library's International and Foreign Law Department by phone (202-662-4195) or by email ( [email protected] ).  Georgetown Law Center students may schedule a one-on-one research consultation with a librarian.

For questions about U.S. customs law and tariffs, consult the Law Library's Customs Law (U.S.) research guide.  For questions about non-U.S. customs law and tariffs, consult the Law Library's Customs Law research guide.

For research involving disputes between foreign investors and host states, consult the Law Library's guide to International Investment Law .  For research involving transnational commercial disputes between private parties, consult the Law Library's guide to  International Commercial Arbitration .  

International Trade

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• Last Updated: Jan 19, 2024 3:46 PM
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• Published: 08 May 2018

International trade and investment law: a new framework for public health and the common good

• Louise Delany ,
• Louise Signal &
• George Thomson   ORCID: orcid.org/0000-0002-3566-9199 1  

BMC Public Health volume  18 , Article number:  602 ( 2018 ) Cite this article

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International trade and investment agreements can have positive outcomes, but also have negative consequences that affect global health and influence fundamental health determinants: poverty, inequality and the environment. This article proposes principles and strategies for designing future international law to attain health and common good objectives.

Basic principles are needed for international trade and investment agreements that are consistent with the common good, public health, and human rights. These principles should reflect the importance of reducing inequalities, along with social and environmental sustainability. Economic growth should be recognised as a means to common good objectives, rather than an end in itself. Our favoured approach is both radical and comprehensive: we describe what this approach would include and outline the strategies for its implementation, the processes and capacity building necessary for its achievement, and related governance and corporate issues.

The comprehensive approach includes significant changes to current models for trade and investment agreements, in particular (i) health, social and environmental objectives would be recognised as legitimate in their own right and implemented accordingly; (ii) changes to dispute-resolution processes, both state-to-state and investor-state; (iii) greater deference to international legal frameworks for health, environmental protection, and human rights; (iv) greater coherence across the international law framework; (v) limitations on investor privileges, and (vi) enforceable corporate responsibilities for contributing to health, environmental, human rights and other common good objectives. We also identify some limited changes that could be considered as an alternative to the proposed comprehensive approach.

Future research is needed to develop a range of model treaties, and on the means by which such treaties and reforms might be achieved. Such research would focus also on complementary institutional reforms relevant to the United Nations and other international agencies. Advocacy by a range of communities is needed for effective change. Reform will require informed debate, determined engagement with decision-makers and stakeholders, and some agreement across health, social and environmental sectors on alternatives.

Conclusions

Current frameworks of international law that govern trade and economic development need radical change, in relation to treaty processes, content, and contexts, to better attain public health objectives.

Peer Review reports

International trade and investment agreements (TIAs) affect global health, equity and justice – the common good. TIAs can have positive benefits but, from a range of health and social good perspectives, also have negative outcomes. This article focuses on ideas for change to such agreements and their institutional contexts, with the aim of achieving public health objectives. Because of this future focus, material in the following sections provides only a brief summary of why change is needed, and does not duplicate the growing literature on the problems for public health arising from TIAs.

For this article, we define TIAs as those agreements relevant to trade, international investment, and international intellectual property law. We define the common good as those benefits that can be shared by all, ‘that promote the full flourishing of everyone in the community. … includes, but is not limited to, public goods’[ 1 ] p.161.

International trade law governs trade in products and services; investment law covers assets; and intellectual property law has rules on what kinds of intellectual property can be protected and for how long. There is an array of TIAs in these areas, with multilateral agreements administered by the World Trade Organization (WTO), and other bilateral and regional agreements outside the WTO framework (often referred to in broad terms as free trade agreements – FTAs).

Several interrelated trends have intensified the significance of TIAs and hence their health implications. Accelerated globalisation, involving developments in transportation, technology and communication, has resulted in the extended reach and complexity of global trade. The character of TIAs has become more comprehensive, with far-reaching implications for nation states. The focus has shifted from that of tariff reduction (although that remains important) to a wide range of measures affecting many aspects of products, services, and investment [ 2 ]. ‘Trade’ and ‘investment’ agreements are tending to merge as instruments of large-scale regional economic governance, [ 3 ] with the overall number of investment-related TIAs now over 3000 [ 4 ].

Current agreements in active development include the Trade in Services Agreement (TiSA) and the Regional Comprehensive Economic Partnership; in addition to the recently signed Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

While this article sketches ways in which TIAs should evolve to recognise health and social objectives, we recognise that giving effect to such changes would require a fundamental philosophical shift in international trade and investment policy. This article offers some directions for TIA designs and processes that are intended to be useful for governments and non-government organisations when rethinking and negotiating TIAs. It does not, however, provide solutions for the wider political questions of achieving such changes.

This following sections outline issues for public health and the common good that are created by TIAs in their wider global, legal and corporate contexts. The principles and framework proposed in the Discussion are intended to help address these issues.

Trade and investment related agreements: Problems for public health and the common good

TIAs have a range of positive and adverse outcomes. They affect up-stream determinants of health, such as poverty and inequality, in complex and much debated ways, [ 5 , 6 , 7 ] p.13 and can increase inequalities between and within countries: ‘the rich can get richer, and the poor poorer.’ [ 8 ] p.8. More specifically, TIAs have implications for (1) state budgets; (2) state governance; (3) achieving common good objectives; (4) developing countries; and (5) specific health concerns in relation to both communicable and noncommunicable disease (NCDs).

State budgets

TIAs affect state budgets as a result of tariff reductions, [ 9 ] (especially for developing countries).

TIAs affect the way that states make or refrain from making policies, limit policy choices, and create contexts that result in unhealthy policies [ 10 ].

Common good objectives

TIAs can detract in some cases from the attainment of social, health, human rights and environmental objectives. Generally trade and investment liberalization can affect ‘power relations, social policies, employment conditions and working conditions’ [ 5 ]. TIAs can affect ‘international and domestic labor markets, …job creation, wage and labor standards, and protections’ [ 11 ]. TIAs can facilitate environment-threatening effects [ 12 , 13 ]. They can influence many other areas including land tenure, [ 14 ] agricultural patterns, [ 15 , 16 ] cultural traditions, privatisation, provision of health services, government procurement, [ 17 ] women’s rights, and rights of indigenous peoples [ 18 ].

While WTO TIAs provide exceptions for health and common good objectives, such exceptions are often ambiguous [ 11 ]. The concept of ‘exception’ frames common good objectives as not core to the TIA, and casts the burden of proof for meeting criteria for such exceptions on common good advocates. These criteria are often difficult to satisfy, leading to uncertain outcomes [ 19 , 20 ] p.12. Many non-WTO TIAs further limit governmental ability to fulfil common good related objectives by allowing investors to take action against states [ 11 ].

Developing countries

Developing countries are generally the most significantly affected by TIAs. While inequalities in global distribution of income and wealth have many causes, they have emerged from a ‘historical process that was pervaded by grievous wrongs’ [ 21 ]. As Pogge argues, the resulting massive poverty is perpetuated by an ‘increasingly dense and influential web of global institutional arrangements’ such as TIAs [ 21 ].

Disease determinants

TIAs have direct consequences for the determinants of both communicable and noncommunicable diseases (NCDs) that arise, in part, from a basic tension between the economic growth imperatives of TIAs and health objectives. TIAs facilitate communicable disease through the global dissemination of products and people; [ 22 ] issues relating to antibiotic resistance are based partly on trade; [ 23 ] and intellectual property law affects the affordability and availability of therapeutic drugs [ 24 ] p.289–95. Efforts to address NCD risk factors can be hindered by the liberalised trade regime facilitated by TIAs. Increased competition and lower prices for consumers from TIAs can be negative for health where there are harmful products, due to increased consumption [ 20 ].

In general terms, TIAs influence NCDs because they shape the environments within which consumers make ‘choices’ on such products as foods, tobacco, and alcohol (for example, food environments) [ 16 , 20 ]. A 2017 review of the effects of TIAs found ‘consistent evidence’ of associations between TIAs and both ‘increased consumption of processed foods and sugar-sweetened beverages’ and ‘higher cardiovascular disease incidence’ [ 25 ]. TIAs may restrict people’s ability to access healthy foods, eg, through impacts on agricultural practices and intellectual property protections [ 16 ]. Increased consumption of products and services with adverse health consequences, facilitated by TIAs, runs counter to health measures intended to reduce that consumption [ 25 , 26 ]. Health measures designed to address NCDs might include packaging and labelling requirements, for example on alcohol containers; licences, such as those for tobacco vendors; and restrictions on advertising, promotion, labelling and product content for some food products [ 16 , 20 ]. Each of these measures can infringe international trade rules [ 26 ].

The wider context of trade and investment related agreements

International trade and investment does not exist in a vacuum, nor do the treaties that set out the relevant rules. Any analysis of how trade and trade law can be re-oriented towards achieving the common good should take account of the global and institutional settings in which TIAs operate, the complexity of international legal frameworks, and the multiple players involved, particularly the corporation.

Global governance and processes

Cooperative action to address the issues for public health from TIAs requires effective structures and processes for global governance. Modifications to current arrangements are needed, as many of the major global organisations prioritise financial activity and economic growth, [ 27 ] while those focused on health and its determinants appear to have less power and are not coordinated [ 28 ] p.112.

Organisations such as the World Trade Organization and the World Bank appear to have emerged as stronger elements in global governance, compared to the United Nations, over the last 60 years. Such governance is increasingly complex, with many aspects and levels [ 29 ]. The World Health Organization (WHO) has not taken a major role in the formation of TIAs or their implementation (although it has had significant influence in relation to international law on access to pharmaceuticals) [ 30 ]. While WHO may be invited to contribute to WTO dispute procedures, it has no right to do so, as made clear in the WTO dispute rules [ 31 ]. These rules state that WTO may seek information from any source related to dispute settlement, and/or set up expert review panels, but these are advisory only.

The imbalance between economic and health priorities has been intensified by the trend away from multilateralism towards bilateral, regional and mega agreements (FTAs). ‘Multilateralism’ is a concept that has normative and political connotations, with some commitment to a rule-based system, principles of universality, and governance by international organisations [ 32 , 33 , 34 ]. In this sense, multilateral agreements differ from regional or preferential trade agreements, even where such agreements have several parties [ 35 , 36 ]. These bilateral and regional agreements are ‘negotiated outside WTO auspices’, may ‘undermine developing country interests’ [ 24 ] p.299 and hence may enforce present power imbalances. As Gostin noted, ‘FTAs enable powerful countries to lock developing countries into agreements that could not be achieved during WTO negotiations’. This may, for instance, include stronger intellectual property protections than those in the equivalent WTO agreements [ 24 ] p.299.

In both WTO TIAs and non-WTO TIAs, the present processes of treaty development can inhibit the recognition of health and common good perspectives. This can present barriers even for developed countries in achieving desired outcomes, but the barriers are more acute for developing countries with small economies. There are a number of factors affecting smaller economies as they participate in TIAs, including limited human resources and technical capacity [ 8 ] p.22–23. There are also issues relating to procedural justice in the functioning of the WTO, such as the basic bargaining process itself, which is built on political and economic power [ 8 ] p.27 [ 37 ]. Current TIA dispute resolution mechanisms have particular problems for poorer countries [ 37 ]. The mechanisms require significant resources, including legal assistance, to have any chance of success. This has ‘important implications for the justice of the overall system’ [ 8 ] p.201.

The lack of transparent, open and consultative processes has been noted by a range of official bodies, including a 2015 Australian Senate inquiry, [ 38 ] the European Union, [ 39 ] and the UN Conference on Trade and Development [ 40 ]. Concerns include the secrecy and lack of public participation opportunities in investor-state dispute settlement procedures (some newer TIAs have started to address these problems) [ 40 ].

States can be locked into treaties for long periods without sufficient review or renegotiation ability. While TIAs generally have review clauses, these need to be used effectively for change [ 41 ].

International legal frameworks

The multiplicity of current international legal frameworks means that international law is extremely fragmented, with little clarity around the relationships between various frameworks, and often conflicting norms [ 42 ]. As Carozza states: ‘the systemic incoherence of international law … is widely perceived to be an acute problem, generating many analyses of the fragmentation of international law’ [ 42 ]. A result of this fragmentation and ‘systemic incoherence’ is that international agreements do not satisfactorily set out what should happen where conflicting provisions exist in different frameworks. This is despite the interpretation provisions set out in the Vienna Convention on the Law of Treaties [ 43 ]. While the Convention is of general relevance, [ 44 ] provisions such as Article 31(3)(c) of the Convention are very high level and offer little specific guidance on resolving differences between treaties. In practice, ‘trade treaties are almost always more enforceable than treaties relating to health, human rights, labour, and the environment’ [ 45 ].

Corporate issues

Multinational corporations are key players in international and national policies [ 46 ]. They influence TIAs as major drivers of their architecture and benefit from them. ‘Large corporations ... hold disproportionate power in such agreements, and are the beneficiaries of their rules, which they are able to enforce through new dispute settlement mechanisms’ [ 47 ]. Multinationals influence the content of TIAs (eg, through access to draft treaty texts and lobbying power) and non-WTO TIAs strengthen the power of multinational corporations through the availability of investor-state litigation [ 48 ].

The primary duty of corporations is not to the communities within which they operate, or the broad range of common good objectives, but to their shareholders. The legal nature of the corporation means a degree of inviolability due to its limited liability [ 46 ]. Often there are differences between corporate aims as facilitated by TIAs, and health objectives, with negative implications for public health [ 49 , 50 , 51 , 52 , 53 ]. Attempts to ensure effective control of corporations, so as to ensure some consistency between their behaviour and human rights (including health, social and economic rights) have had, to date, very limited results. This lack of control is indicated by the work on the proposed UN Convention on Business and Human Rights [ 54 ]. Generally, TIAs have given enforceable rights to corporations, without requiring enforceable obligations from them.

The above sections set out specific, systemic, and institutional problems that TIAs, in their global governance contexts, pose for public health and other common good objectives. How can TIAs be redesigned to better align with health objectives?

A number of studies have suggested ways in which some of the negative implications of TIAs could be addressed (eg, [ 55 , 56 , 57 , 58 , 59 ]). In particular, UNCTAD has provided guidelines for reforming the making and implementation of investment treaties [ 60 ]. Their ‘Investment Policy Framework’ suggests ways to protect states’ rights to regulate, and to improve dispute processes [ 61 ]. Smith et al. provide a detailed agenda for action [ 62 ].

This article builds on these and other suggestions to propose a systematic and comprehensive approach to transform TIAs for the common good. It incorporates general principles, a framework for new law, and the identification of institutional, structural and procedural features that would be necessary to support that framework. The approach we suggest would not reject the importance of international trade and the rules for its regulation, but would promote a different and evolved type of TIA that would more effectively recognise multiple common good perspectives.

Suggested principles for trade and investment related treaties

These suggested principles, as well as the following framework, respond to the issues posed by TIAs as outlined in the Background. They would be used as benchmarks to underpin common good perspectives for future TIAs by relevant policy communities, treaty drafters and public health advocates.

The main purpose of the principles is the provision of a succinct ‘checklist’ for evaluating, from a health and common good perspective, the desirability of a particular proposed or current treaty. The principles would help guide decisions on whether to enter into or renew TIAs, of which kind, and in accordance with which processes. The principles would help frame questions, and indicate answers, on the likely effects of specific strategies and provisions embodied in treaty text, to be used perhaps in impact assessments.

A second purpose of the suggested principles is that they could, in some cases, offer ideas for inclusion in introductory treaty text (eg, preambular or purpose provisions). Such inclusion might function as a guide to interpretation, and might also be useful in providing links to other instruments of international law.

The principles below are divided into those: (a) relevant to the processes by which treaties are developed; and (b) those relating to the objectives of the treaties themselves. Further details on how the principles might be operationalised are given later in the article.

Principles for TIA development processes

The essential bases for just and sustainable treaty processes include:

Support for the effective participation of countries and the participation of citizens within these countries in developing policies for TIAs, with special emphasis given to poorer countries and population groups;

Support for multilateralism; that is, an approach that involves a commitment to rule-based principles, and norms of openness and universality, preferably within global governance structures, processes and institutions, rather than regionally based treaties;

Transparent, fair, open and consultative processes for TIA development and implementation;

Recognition, throughout the treaty development process, of the need for provision for, and effective use of, review clauses in TIAs.

Principles for TIA objectives

Explicit incorporation of social, health, human rights, and environmental objectives as core to TIAs, and explicit support for the UN Sustainable Development Goals (SDGs), especially those relevant to:

eliminating poverty

reducing inequalities and redressing power imbalances

protecting and advancing planetary health (‘the health of human civilisation and its underpinning natural systems’ [ 63 ]);

Recognition of economic growth as a means to common good objectives, rather than an end in itself; through for example explicit reference to relevant human rights law, in particular the International Covenant on Economic, Social and Cultural Rights; [ 64 ]

Effective control of international corporations by the international community through international law;

Redressing the specific situations of historically harmed states; [ 65 ] for instance through the provision for special and differentiated treatment for least developed countries. Such ‘special treatment’ could refer not only to orthodox issues such as tariffs, but also specific forms of exceptions and carve outs, and by emphasis on freedom of governmental regulation;

Support for human rights principles, incorporating a collective vision of human rights. That is, explicit recognition that the concept of ‘human rights’ should go beyond traditional individualistic connotations, and envision a ‘collective right to public health – a right applied at the societal level to address underlying determinants of health’ [ 66 ].

A framework for future treaties

We favour a comprehensive approach to designing new TIAs. This responds to the need to implement the SDGs; and to the requirement for fundamental change to promote global health and equity in ways that do not compromise environmental sustainability [ 63 ]. The comprehensive, or ‘planetary’, approach that we favour for TIA design, based on the principles outlined above, would integrate health, environmental and social objectives. Such integration would be the cornerstone of redesigned TIAs that are fit for the twenty-first century.

The comprehensive approach towards redesigning a new framework for TIAs would be buttressed by improved processes for treaty development, enabled in turn by strengthened institutional capacity. New TIA frameworks would require, for effective implementation, governance support from relevant international institutions and attention to issues relating to corporate behaviour.

The following part of our article is structured in eight sections. The first five are: (1) outline of comprehensive approach integrating a range of objectives, (2) strategies to give effect to this approach, (3) necessary processes, (4) capacity building, and (5) governance and corporate issues. Section (6) touches on connections between international law and national law; followed by section (7) which pulls together ideas on enforceability; and then section (8) which briefly notes a more limited approach to redesigning TIAs.

Section 1: Comprehensive approach – A set of common good goals

TIAs would provide for health, environmental and other common good perspectives to be explicitly recognised as core treaty objectives along with economic goals. Treaty chapters would set out how these core objectives would be achieved. Under current TIA frameworks, national measures relating to goals such as environmental protection and public health – while often referred to in preambular treaty statements – are in practice generally permissible only as exceptions. These measures are often difficult to justify in accordance with the current wording of exceptions and their interpretation [ 19 ] ch.8. Reframing such measures as legitimate treaty objectives in their own right, for example, along the lines proposed for environmental objectives by the International Institute for Sustainable Development Model International Agreement on Investment for Sustainable Development , [ 67 ] would help address these difficulties.

Section 2: Strategies to give effect to the comprehensive approach

Strategies to give effect to a set of integrated social and environmental objectives would include some of those proposed by the United Nations Conference on Trade and Development (UNCTAD) [ 68 ], prioritising the needs of developing countries [ 69 ]. Such strategies would cover issues relating to dispute resolution, exceptions, regulatory responsibility and deference to specified health, environmental and human rights agreements.

Dispute resolution

There are two main international methods of TIA dispute resolution. One is that provided in WTO treaties, where only nation states may take action in relation to other states. The other is the method in most non-WTO treaties. This, as well as state-to-state action, allows investors to take action against states through investor-state dispute settlement (ISDS).

Modifications to non-WTO treaties would include either significant change to ISDS or its removal. Concerns about ISDS include process issues, and ‘chilling’ effects due to both process and outcomes [ 70 ]. ‘Chilling’ is government inaction because of potential or real threats of legal action. Modifications to ISDS could involve provision for appeals; a more ‘judicial’ approach to appointing impartial dispute decision makers; greater transparency of dispute decision-making; the ability for the public, NGOs, and relevant sectors to have input to hearings; and published decisions with precedent value [ 68 ] p.147–8.

Some countries have demonstrated that ISDS is not a necessary element of TIAs: one example being the ‘Brazilian’ model which has trade facilitation agreements without ISDS [ 71 ]. An approach that significantly modifies traditional ISDS is included in the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. This is intended to create, for disputes arising under CETA, an Investment Court System including a permanent Appellate Tribunal, with ethical rules such as preventing conflicts of interest (see Articles 8.27 to 8.30) [ 72 ]. This aspect of CETA is not, however, yet in force and is subject to ratification procedures.

The removal of ISDS, rather than its modification, would necessitate reliance on domestic court systems in the country hosting the investment, or some form of state-to-state dispute settlement, [ 73 ] or new mechanisms such as that envisaged for CETA. Other alternatives include a World Investment Court or, as proposed by the OECD, a Multilateral Investment Court [ 74 , 75 , 76 ]. Domestic court solutions are emerging in treaties entered into by South Africa, Brazil and other countries [ 77 ].

Current state-to-state dispute resolution processes, whether those in WTO or non-WTO treaties, may also inadequately reflect health perspectives. Members of dispute resolution bodies tend to have backgrounds in trade and trade law, [ 78 ] and have world views to which health objectives are not central. While input from other disciplines and sectors is permissible, and often sought, there are no requirements in WTO processes to ensure that input from other sectors is obtained and taken into account. Refinements to WTO processes, and state-to-state dispute procedures in non-WTO treaties, could ensure that panellists or Appellate Board members, as well as those involved in state-to-state disputes under FTAs, have an appropriate environmental or health background in relevant cases [ 79 ].

Exceptions and ‘carve outs’

To complement changes to dispute resolution systems, and to give effect to a set of integrated objectives, changes would also be needed in TIA provisions that relate to ‘exceptions’ and ‘carve outs’ for health, social and environmental goals. Ideally, ‘exceptions’ and ‘carve outs’ for such goals would not be needed, given that new TIAs would give equal weight to health, social and environmental goals, along with those relevant to economic growth. However, given that some forms of ‘exceptions’ may continue, we propose that (1) the use of carve outs be expanded to put beyond doubt the exclusion of treaty provisions for some products and services (eg, tobacco, pornography); and (2) the concept of ‘exception’ be replaced by provisions relating to prioritisations of treaty goals, with mechanisms to ascribe priorities between different objectives, for example:

Explicit priority for some specified objectives. At one extreme, health or environmental aims would not require justification and hence would be ‘self-judged’ by the country concerned (following the example of exceptions on security grounds);[ 80 ] Article 10.4

Criteria such as significant mortality and morbidity potential, as well as international targets for reducing relevant mortality and morbidity, as a basis for recognising the primacy of measures conducive to human, animal or plant life and health.

Affirming governmental regulatory responsibility and limiting investor privileges

Current treaties include a range of provisions that are aimed at bolstering the ‘rights’ of investors, effectively reducing the scope for government regulation. Three major and often inter-related examples are provisions for ‘fair and equitable treatment’; ‘expropriation’; and those relating to intellectual property.

‘Fair and equitable treatment’ (FET) provisions often include commitments to fulfil ‘legitimate expectations’ for investors. FET is an important ground for litigation that is often successful for investors, and can be a major contributor to the ‘regulatory chill’ factor in investment matters. Agreements should exclude commitments to fulfil ‘legitimate expectations’ for investors, or define such expectations more narrowly. This approach has been proposed by UNCTAD, noting a range of options in this area [ 81 ] (p 104–114). One example of a model treaty which arguably accords with one of the UNCTAD options is Canada’s model agreement for the promotion and protection of investments, see Article 6(2) [ 80 ]. The Canada-EU CETA also qualifies what is meant by ‘fair and equitable treatment’, and limits the concept of ‘legitimate expectations’ to situations where a specific promise or representation is made by the State (Article 8.10) [ 72 ]. We consider it may be simpler to exclude provisions relating to ‘fair and equitable treatment’ (as well as ‘legitimate expectations’) altogether from TIAs.

Investment chapters in current TIAs usually have specific sections on expropriation. The chapters can be linked with issues relevant to ‘fair and equitable treatment’ as well as legitimate expectations. While such provisions acknowledge that governments may take regulatory action, even when negative effects on investment may be expected, it is often difficult to distinguish such measures from those which are considered to be indirect expropriation and hence liable to compensation [ 82 ].

We propose that: (1) no governmental action taken in relation to an issue specified in provisions covered in carve outs may be considered as forms of expropriation, direct or indirect; and (2) no governmental action taken in relation to an issue that is prioritised in accordance with the mechanisms proposed above (for ascribing priorities between different objectives) could be considered as any form of expropriation. Alternatively, TIAs could simply exclude altogether the concept of indirect expropriation and focus on explicit definitions of direct appropriation.

Recent treaty development in non-WTO law has seen increased protections for the holders of intellectual property, and often include intellectual property in the definition of investment [ 83 , 84 ]. TIAs that are redesigned for health should limit intellectual property protection for investors.

Deference to other instruments of international law

Redesigned treaties that integrate common good objectives should include provisions to clarify the relationship between TIAs vis-à-vis international health and environmental law. TIAs should refer and defer to other specified international health, environmental and human rights agreements, [ 85 ] eg, the United Nations Convention on the Rights of the Child, and the Framework Convention on Tobacco Control.

Section 3: Treaty development processes

Treaty law does not come into the world of its own accord. The processes by which TIAs are developed should be improved to ensure that common good objectives are fully recognised and to ensure that the interests of the least advantaged are protected.

Improvements would include:

Transparent negotiation processes, greater consultation, participation, and openness to public and legislator scrutiny – eg, through critical points where draft treaty texts are published, as was done by the EU for the Transatlantic Trade and Investment Partnership [ 86 ]. This is, according to the European Commission, to be the rule for all their trade negotiations, as part of active engagement ‘with civil society and the public at large in the context of the civil society dialogues and citizens’ dialogues’ [ 39 ] p.19. Engagement would include public policy papers developed and published at early stages of treaty development, with broad negotiating positions stated (as in the EU) [ 86 ] pp.7–8. While such transparency is essential, it does not itself enable true consultation and participation. This would also require representatives of civil society being engaged in development of draft treaty provisions, negotiation, monitoring of any agreements once implemented and evaluation.

Open development of national treaty positions, perhaps through developing ‘model’ treaty templates, as is done by many countries of the Organization for Economic Co-operation and Development, [ 87 ] p.144 and other states. Examples include the Model Text for the Indian Bilateral Investment Treaty and those developed by regional groups such as the Southern African Development Community Model Bilateral Investment Treaty.

The use during the development of treaty positions of impact assessments that capture a wider range of effects, using tools such as Health Impact Assessments and the UN Global Policy Model [ 88 ]. These would identify, during the negotiations, the advantages and disadvantages that may arise from a specific TIA for different groups in society, along with the potential impacts for health and other common good issues. Treaty audit tools, such as national interest analyses, or health impact assessments, [ 89 ] could identify those groups in society who may suffer disadvantage as a result of a particular TIA (eg, loss of jobs, reduction of wages, increased prices of some products). Such analyses could also identify health outcomes which could be adversely affected (eg, with reference to health services) [ 90 ].

Section 4: Capacity-building and institutional support for treaty development and implementation

Treaty development and implementation requires attention to the many historical and institutional factors that negatively affect achieving health and environmental objectives. This is relevant to both developed and developing countries, but particularly recognises the disadvantages facing developing countries. Most critically, the health, environmental and human rights sectors need an effective place at the TIA negotiating table.

The health community needs greater capacity at all levels - international, regional and state - to enable effective engagement with trade policy and issues relating to TIAs. Health officials in both developing and developed countries need skill development, both in treaty negotiation and in understanding the implications of international law (existing and proposed) for their domestic law. At the international level, the WHO has limited legal in-house capacity, and does not appear to be able to support developing countries to the extent required. Ensuring technical expertise in negotiating and implementing TIAs (especially for developing countries) [ 91 ] should be seen as a required role for both WHO and the WTO.

Improvements would therefore include:

Ensuring greater capacity for health, environmental and human rights engagement in TIA development;

Mandating specific public health, environmental and human rights expertise in WTO technical capacity;

International health funding to support training and capacity building for developing countries in trade and health policy.

Section 5: Global governance and structural issues

Changes in international contexts.

Coherent and effective global governance is needed to support health equity, environmental sustainability, and the implementation of the SDGs. At the most general level, effective global governance for health purposes may require the reform of WHO in order to provide it with greater powers and structures that are more effective [ 92 ]. United Nations (UN) mechanisms are needed to address cross-sector areas of activity. Decisions are also needed on where the UN should provide a global focus for action (following the model of UN action on both HIV/AIDS and NCDs) [ 93 , 94 ]. Attention to global governance structures would also include the reinvigoration of multilateralism (structures, processes, institutions and law), given the potential for non-multilateral approaches to reinforce present power imbalances.

Coherence in the general international law framework is needed. Appropriate hierarchies in international frameworks should be supported, for example, through interpretation invoking the Vienna Convention; [ 44 ] with priority to be given international human rights law vis-à-vis other instruments of international law. New international health law is needed (eg, on alcohol, non-nutritious food). On a more general scale, the proposed Global Health Convention is one model for new law [ 95 ].

Changes relevant to corporations

The successful implementation of new TIAs that would meet health, environmental, human rights and other common good objectives requires attention to corporate structures and behaviour. This is because, along with states, corporations are the main actors in TIAs.

Addressing corporate issues at international and national levels would involve, amongst other things:

An international convention to build on the Ruggie concepts of business responsibilities in relation to human rights, as resolved by the United Nations Human Rights Council in 2014 [ 96 ]. This convention would have binding force, as proposed by 2017 discussions on a new convention; [ 54 , 97 ] and should establish primacy of human rights over TIAs [54 85]. The elements of the October 2017 draft of the new convention include a number of valuable proposals, including the proposed duty of state parties to prepare human rights impact assessments prior to the conclusion of trade and investment agreements (Principles1.2) and some provisions for enforcement; [ 54 ]

Incentives in TIAs for corporate compliance with human rights, health, environmental and other common good objectives, and effective sanctions on corporations for non-compliance;

Action by nation states applicable in their own jurisdictions, for example provision for investor responsibility in state legislation, with conditions attached to corporate investment by foreign investors, and processes to enable individuals and groups to take effective action against corporations.

Section 6: Connections between international and national levels

In accordance with any disadvantages identified by national interest analyses or health impact assessments, nation states should, through their domestic law, counter the identified adverse effects from TIAs as much as possible. Such law would need to come into effect at the same time as the treaty. For example, compensatory taxation measures for disadvantaged groups (such as those whose employment is affected) may be appropriate. National law should require contracts for foreign direct investment to explicitly recognise the responsibility of national governments to regulate for the common good. Foreign direct investment should also be conditional on compliance with stated health or environmental goals, for example, nutritional goals; and national law should stipulate that any breach of such conditions would invalidate any possibility of investor-state litigation.

Section 7: Enforceability

Many concepts proposed in this article are intended in general terms to promote the enforceability of common good objectives vis-à-vis the economic growth objectives of TIAs and the financial interests of corporations. Mechanisms to ensure such enforceability should occur at several levels: through a range of strategies within TIAs; within other legal instruments relating to health and environmental objectives (for example the FCTC and the Paris Agreement); through any convention on the responsibilities of businesses in relation to human rights; and within national legislation. While ideally these mechanisms should interlink, they may also be implemented independently.

In summary, enforceability mechanisms could include:

Assertion in treaty text of the equal weight to be given to common good objectives, and the primacy of human rights law, over pecuniary interests would render it more difficult to initiate dispute procedures involving challenges to common good objectives. Treaty text would further provide that non-compliance with common good objectives would render invalid any possible dispute involving investor rights (under state-to-state rules or ISDS), and render states and investors ineligible for benefits under the relevant TIA;

Other international agreements

Instruments such as the Paris Agreement should specifically provide for the supremacy of climate control objectives versus those relating to economic growth;

Overarching international law

An international convention on business responsibilities in relation to human rights would have its own implementation and enforcement mechanisms. These would include provisions for states to enact disclosure requirements, contractual preferences for corporations with appropriate histories of human rights and environmental compliance; and imposition of criminal liability for breaches of human rights, administrative and monetary sanctions;

National legislation

Many of the ‘elements’ proposed for a convention on business responsibilities and human rights need not await finalisation of such a convention – likely, at best, to be many years away. Hence, national legislation could enact a general framework with which any new TIA entered into by the relevant state would need to comply. Such a framework could include, perhaps, a ‘model’ TIA appropriate to that country. The framework would provide that draft TIAs would (i) need human rights impact assessments; (ii) enable conditions to be attached to corporate investment; (iii) allow individuals and groups to take effective action against corporations; (iv) require contracts for foreign direct investment to explicitly recognise the responsibility of national governments to regulate for the common good, ensuring compliance with stated health or environmental goals; and (v) stipulate that any breach of such conditions would invalidate investor-state litigation and state-to-state dispute resolution procedures.

Section 8: Limited approaches to redesign of TIAs

A limited approach to redesigning TIAs could be adopted in the short term, instead of the proposed comprehensive framework. This limited approach could consist of integrated objectives, strategies to achieve them, and improved processes and capacity building. Individual features that could be implemented on their own might include:

Improvements to dispute resolution – eg, abolition of or modification to ISDS

Reductions in investor protections (eg, those relevant to ‘legitimate expectations’) and rolling back recent increases in investor intellectual property protections

Some deference to other instruments of international law

Greater technical capacity and skill building for health sector involvement in TIAs

A broadened scope for ‘exceptions’ or ‘carve outs’ could ensure less dependence on the present strict ‘necessity’ tests. Revised phrasing for exceptions could recognise that distinctions (such as the use of sustainable production methods) are legitimate for environmental protection.

This more limited approach, based on the adoption of one of more such elements, might address some issues posed by TIAs, but would not succeed in creating the fundamental framework change that we consider is needed.

Current TIAs have multiple adverse implications for health and the common good. Rethinking current frameworks of international law governing trade and economic development is possible, and is necessary to attain public health objectives and help give effect to the SDGs. We have put forward ideas for a comprehensive approach to the redesign of international trade law, consisting of integrated objectives, strategies to achieve them, and improved processes and capacity building. Such redesign would be facilitated by significant changes to global governance; and would address specific issues posed by corporate structures and practices. The redesign of TIAs, and improvements in general international and corporate contexts, should also be mirrored and given effect in national law.

Some of these ideas would be susceptible to a ‘mix and match’ or incremental approach. Nevertheless, we strongly favour a re-envisioning of basic frameworks, as implemented by the comprehensive approach outlined.

We conclude that ‘model’ treaties are needed to demonstrate how new TIA law could look in practice, as well as ideas on how new law might be realised. Research is needed to develop details of the range of models and the institutional underpinnings to ensure their efficacy.

International law that is health promoting, sustainable, and supportive of the SDGs, will require advocacy for real change. Change will require informed debate, determined engagement with decision-makers and other stakeholders, some agreement on alternatives, and the development of alliances between health communities and other groups interested in the common good [ 98 , 99 , 100 ].

Abbreviations

Comprehensive Economic and Trade Agreement

Fair and equitable treatment

Free trade agreement

Health Impact Assessments

Investor-state dispute settlement

Sustainable Development Goals

Trade and investment agreement

United Nations

United Nations Conference on Trade and Development

World Health Organization

World Trade Organization

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Acknowledgements

Many of the ideas in this article came from the work of, and conversations with, a range of experts around the world. We are indebted to them for giving generously of their time and wisdom.

Partial funding was received from a University of Otago Research Grant. The funder was not involved in the design of the study; the collection, analysis, and interpretation of data; or in writing the manuscript.

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Delany, L., Signal, L. & Thomson, G. International trade and investment law: a new framework for public health and the common good. BMC Public Health 18 , 602 (2018). https://doi.org/10.1186/s12889-018-5486-6

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International Trade Law : Research Guide

Introduction, introductory resources on international trade.

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Authorship History

Written by Karin Johnsrud. Updated by Dana Neacșu.

International trade is a complicated area of law to research because there are numerous levels of trade organizations and interactions. There are bilateral trade agreements, regional trade agreements and multinational trade agreements. Each of these agreements has its own history, policies and dispute settlement procedures. Trade organizations established under the agreements have separate resources that can be searched. Furthermore, individual countries have their own policies and laws relating to international trade. As an example, the United States Congress must pass legislation enacting international trade agreements before the United States can officially become a party. The national policies have to be researched individually and frequently separately from the resources relating to the international organizations.

The purpose of this guide is to provide an introduction to a variety of the resources available on campus, as well as from the Internet. General introductory resources will be discussed first. Then the guide will proceed through a discussion of the major multilateral trade agreements, regional trade agreements and United Nations trade bodies.

For additional assistance in finding International Trade Law materials at Columbia's Diamond Law Library, please do not hesitate to contact the reference librarians at [email protected] . Consult the the Guide to Columbia Library Services and Policies Research Guide for general information and reference hours.

To see more background and reference works available at Diamond Law Library, including older editions, please try these searches on Pegasus: 

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Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective

Principles of performing foreign economic transactions and contracts.

In the context of complex political and socio-economic processes, that are characterized by the stratification of the property status of various segments of the population, by the growth of customs offenses, by the aggravation of the influence of destabilizing trends on the economic security of the state, the issue of creating an effective state system of customs and legal regulation of foreign economic activity of business entities becomes relevant. The variety of nomenclature of goods transported across the customs border, and the peculiarities of foreign economic operations determines the implementation of customs and legal regulation by a large number of state authorities, each of which, within the limits of their competence, is entitled to issue normative documents in the field of foreign economic activity and provide permits for foreign trade operations. The fulfillment of a foreign trade obligation is subject to both the terms of the agreement and the provisions of the normative sources of international trade law, and the customs of commercial turnover. Among the customs produced by many years of experience in international trade, the customs are distinguished, which have become general provisions, which in the civil doctrine are called the principles of fulfilling obligations. When drawing up an agreement, it is important to establish which state law will govern relations under a specific agreement, since there are significant differences in resolving the same issues in the law of different countries. The foreign trade sale and purchase agreement is the most common legal form of foreign economic agreement, which mediates the relationship between Ukrainian and foreign entrepreneurs. Its development in accordance with the principles of implementation, the development of conditions and obligations of the parties, the implementation requires special knowledge and skills, taking into account the specific features of the external market.

Investment Arbitration and the Chimera of an Ideal Adjudicative Community

Abstract Investment arbitrators – the men and women who adjudicate investor-State disputes – have become an object of study in their own right. Some stakeholders believe that investment arbitration’s institutional design creates perverse economic incentives, leading arbitrators to adopt strategic behaviours and biasing their decision-making processes. The United Nations Commission on International Trade Law is currently considering different models for reshaping the way adjudicators are selected and appointed. The rationale behind this reform seems to be to recruit a brand-new troupe, replete with new faces. But, more worryingly, there seems to be an obsession with the professional profile of adjudicators: prior experience in the field is increasingly perceived as a handicap, and repeat players are to be avoided like the plague. This article examines the evolution of the college of investment arbitrators and enquires about its potential future as a professional community.

Global Values and International Trade Law

Hedge or counterweight new constitutionalism and the role of the canadian charter of rights and freedoms in intellectual property litigation.

This chapter looks at Canadian intellectual property law through a new constitutionalist lens. Over the past few decades, Canada has been the target of several international measures in the area of IP law. The chapter examines these measures through the lens of the theory of new constitutionalism. Doing so suggests that these measures have certain significant similarities: they all seek to use international trade law as a means through which to lock in strong protections for owners under Canada's IP system and to limit the ability of either the Government of Canada or Canadian courts to shape IP laws so as to constrain the exclusive rights of IP owners. Beginning from the position that IP rights ought to ‘serve human values’, the chapter proceeds by considering whether, and to what extent, the Canadian Charter of Rights and Freedoms (Canadian Charter) can produce counter-norms to those promoting strong protection for right-holders that are provided by international trade law. It argues that while the Canadian Charter has traditionally had little impact on Canada's IP system, it can and ought to play a more prominent role in this area by helping to preserve space for the Government of Canada to legislate in the public interest.

The Revitalisation of the Object and Purpose of the TRIPS Agreement

The limited role the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (Arts 7 and 8) have played so far in the interpretation and implementation of its substantive provisions has often been criticised. The WTO Panel and Appellate Body Reports in the ‘Australia—Plain Packaging’ dispute are likely to change this situation for the future as, for the first time, the World Trade Organization (WTO) dispute settlement bodies fully engaged with Arts 7 and 8 to interpret Art 20 relative to the use of trade marks. Reliance on these provisions led the Panel and the Appellate Body to conclude that there are legitimate reasons for which Members may encumber trade mark use. The awakening of these two long dormant provisions could have a fundamental impact in offering the possibility of a more flexible reading of TRIPS. It could indeed secure the adaptability of intellectual property rights to the evolution of economic, technological and social circumstances by guaranteeing a more balanced interpretation of the limitations and exceptions included in the Agreement, for example, as advocated several years ago by a group of international IP scholars in the ‘Declaration on a balanced interpretation of the three-step test’. Furthermore, the use of these two provisions could serve as a gateway for the taking into account of ethical imperatives, supported by international human rights in the interpretation of the TRIPS norms, such as, for example, public health imperatives, crucial in the context of pandemics. Such a reading has been advocated in the past and the ‘Plain Packaging’ reports might lead to a more frequent and welcome reliance on human rights arguments in the context of international trade law.

The Paris Agreement’s Article 6 Market Mechanisms and wto Law

Abstract The article analyses the market-based approaches in Article 6 of the Paris Agreement with respect to their potential interaction with international trade law. It focuses on the international dimension of Article 6 and the tensions associated with international trading of mitigation outcomes (under paragraphs 2–3 of the Article) and emission-reduction units generated through the sustainable development mechanism (paragraphs 4–7). We find that while there are significant normative tensions and legal uncertainties in the relationship between the regimes, international cooperation across the two law- and policy-making arenas could also help to develop new approaches to aligning wto trade law with international climate objectives.

The implication of the precautionary principle on international trade

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

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How to Do Research in International Law? A Basic Guide for Beginners

Jan 25, 2021 | Essays , Online Scholarship

By: Eliav Lieblich *

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Introduction

So, you want to do research in international law? Good choice. But it can be difficult, especially in the very beginning. In this brief guide for students taking their first steps in legal research in international law, I will try to lay down the basics—just enough to nudge you towards the rabbit-hole of research. This guide is about how to think of and frame research questions, primary sources, and secondary sources in the research of international law. Or, to be precise, it is about how I think about these things. It is not about how to write in the technical sense, how to structure your paper, or about research methods (beyond some basic comments). This guide also focuses mostly on questions that are especially pertinent when researching international law. For this reason, it does not address general questions such as how and when to cite authorities, what are relevant academic resources, and so forth.

As you begin your work, you will find that legal research in international law is both similar to and different from legal research in domestic law. Research in international law and domestic law are similar in their basic requirements: 1) you need a research question, 2) you need to understand the problem you are approaching (both in terms of the legal doctrine and its underlying theory), 3) you need a method to answer your question. and 4) you need to rely on primary and secondary sources. Research in international law is different because international law, in its quest to be universal, is practiced everywhere. There is no “single” international law, and for this reason it is an area of law that is almost always contested. Furthermore, international law is not hierarchical unlike most domestic legal systems, and many times, several legal frameworks might apply to one single question ( “ fragmentation ”). [1] Additionally, international law’s sources include customary law, which is notoriously difficult to pinpoint. [2] This makes describing “the law” as an object of research much trickier. This guide attempts to give you the initial tools to navigate this terrain, but rest assured that it is also difficult for experienced researchers.

The guide is structured as follows. Section 2 is about research questions. It first offers a simplified typology of research question, including a few words on theory and method, and then suggests some thoughts about thinking of and framing your question. Section 3 is about secondary and primary sources in the research of international law. It includes some advice about the way to approach international legal scholarship in a world of hegemony and information overflow. The guide then becomes a bit more technical, offering tips about finding primary sources relevant for the research of international law.

A caveat is in order. This guide does not seek to offer the most theoretically robust or comprehensive introduction to international legal research. Rather, it should be viewed as practical advice to help you take your first steps into the field. The guide, of course, reflects my own understanding. Other researchers might approach these issues differently.

I. Research Questions

A. types of research questions: descriptive, normative, and critical.

Finding a research question will be one of the most important and challenging parts of your research. Every research has a question at its foundation. The research question is simply the question that your research seeks to answer. In all fields of legal scholarship, there are basically three families of research questions: 1) descriptive research questions, 2) normative research questions, and 3) critical research questions. Very broadly speaking, descriptive questions seek to tell us something about the legal world as it is . Normative questions ask what ought to be the state of things in relation to law. Critical questions seek to expose the relations between law and power, and, as I explain later, are somewhat in the middle between descriptive and normative questions. In truth, there is a lot of interaction between all three types of questions. But for our sake, we keep it simple, and as a starting point for research, it is better to think about research questions in these terms. Thinking clearly about your research question will help you frame your work, structure your paper, and look for relevant sources.

Descriptive research questions are questions about the state of things as they are. Much of traditional international legal scholarship is descriptive in the sense that it seeks to describe “the law” as it is, whether in abstract (e.g., “what is the content of the Monetary Gold principle in international adjudication?”) or in relation to a specific situation. For instance, in their excellent writing on Yemen , Tom Ruys and Luca Ferro look at the Saudi-led intervention in the Yemeni Civil War and ask whether that intervention is lawful. [3]   From a theoretical standpoint, this type of research can be broadly described as positivist , in the sense that it looks only into legally relevant sources (the lex lata ), as autonomous bodies of knowledge. We can call such questions descriptive doctrinal research questions since they seek to analyze and describe the doctrine from an internal point of view. Of course, some doubt whether it is at all possible to describe authoritatively what the law “is,” beyond very basic statements, without making any normative judgments about what “the law” should be. It could even be said that the mere decision to discuss law as an autonomous sphere is a value-laden choice. These and related critiques have been levelled against doctrinal scholarship for over a century by legal realist and critical approaches, both domestically and internationally. [4] This resulted in the gradual marginalization of such research questions, at least in the United States. Yet, from a global perspective, doctrinal research into international law remains a central strand of research.

Doctrinal questions are not the only type of descriptive research questions. Descriptive questions can also follow the tradition of law and society approaches. This type of research looks at the law from the outside and is mostly interested in law’s interaction with society, rather than in legal doctrine per se . Historically, the emergence of this way of thinking relates to the insight, first articulated by legal realists, that law does not exist in an autonomous sphere and gains meaning only with its actual interaction with society. Research questions of this type might ask whether and when law is effective, how people think about the law, or how judges make decisions. For instance, in her recent book , Anthea Roberts asks whether international law is truly “international” by looking at how it is studied in different parts of the world. [5] This type of scholarship can also seek to explain law from a historical point of view. For example, Eyal Benvenisti and Doreen Lustig inquire into the interests that shaped the origins of modern international humanitarian law (“IHL”) and argue that the law was shaped more by the interests of ruling elites than by humanitarian impulses. [6] For the purposes of this guide, these are socio-legal research questions .

Normative research questions , in general, ask what the law ought to be, whether in general or in a specific instance. For example,  in “The Dispensable Lives of Soldiers,” Gabriella Blum asks what ought to be the rules for the targeting of combatants in armed conflict. [7] As she suggests, these rules should consider the specific threat they pose and not only their legal status as combatants. The difficulty in normative questions—and from my own experience, this is one of the major challenges for students in their first research papers—is that to answer them, we need external parameters for assessing law . In other words, we need a theory on what is considered “good,” in light of which we can present an argument about what the law should be. Otherwise, we run into a classic problem: we cannot draw from facts alone (what law “is”) what ought to be (what law should be). [8] It is here where theory plays a key role. Normative legal theories are there to help us articulate our benchmarks for assessing what law should be. Returning to Blum’s article as an example, she uses insights from ethics to consolidate her point. She argues from an ethical, extra-legal vantage point, that since soldiers’ lives have moral worth, law should be understood in a manner that best reflects this moral idea.

Now, there is a myriad of normative approaches to international law, which I will not address here. A good place to start on theories of international law, including normative ones, is Andrea Bianchi’s excellent and accessible book on international legal theories. [9] Just to give you a sense of things, older natural law theories would simply identify law with morality and would inquire into morality—either as handed down by God or as exposed by reason—in order to ascertain law. [10] In newer scholarship, it is much more common to use ethics as a way to criticize positive law or to read moral standards into the interpretation of law itself —in accordance with the moral theory to which we subscribe. [11] This, for instance, is Ronald Dworkin’s approach , when he urges to interpret law “in its best light.” [12] In international law, for instance, a notable example for such thinking is Thomas Franck’s theory of legitimacy and international law. [13] Franck—although careful not to frame his theory in explicitly moral terms—argues that legal rules should have certain characteristics, such as clarity and coherence, in order to enjoy a “compliance pull” that induces state compliance. If, for example, we were to adopt Franck’s theory, we would assess law in light of his standards of legitimacy.

Normative theories can also be utilitarian. The best known example for such way of thinking, of course, is law and economics . [14] Another family of instrumental normative theories can be roughly described as policy approaches to international law. In the simplest sense, policy approaches ask what the law should be, in terms of its ability to bring about good policy consequences. The New Haven School of International Law, for instance, analyzed international law from the point of a global standard of human dignity. [15] It is safe to say that almost all current scholarship on international law, especially in the United States, utilizes policy approaches, even if not explicitly. [16] To sum this point, when framing normative research questions, we should be aware that at some point, we will need to commit to a yardstick through which to assess our normative conclusions.

Critical research questions inquire into the power relations that shape law or into the relations between law and politics in the broad sense of the term. In this sense, they aim to be descriptive: they seek to describe law as a product of power relations and expose the manner in which law conceals and neutralizes political choices. [17] Like normative scholarship, critical research questions also rely on theories (“ critical theories ”). For example, Martti Koskenniemi seeks to describe how the structure of the international legal argument collapses into politics, using insights from Critical Legal Studies (“CLS”). [18] Aeyal Gross inquires whether  the application of international human rights law might harm rather than benefit Protected Persons in occupied territories, on the basis of theoretical tools from CLS and Legal Realism. [19] Anthony Anghie asks how colonialism shaped the origins of international law, on the basis of postcolonial theory (and specifically in international law, Third World Approaches to International Law). [20] Ntina Tzouvala considers whether and how the 19th century standards of civilization in international law continue to live on in the international system through its capitalist underpinnings, by applying Marxian analysis. [21] From a feminist approach, Fionnuala Ní Aoláin explores what are the gendered aspects of the law of occupation. [22] It should be emphasized that critical research questions are also normative in the deeper sense: by seeking to expose power relations, they imply that something is wrong with law. Some critical research proceeds, after exposing power dynamics, to offer solutions—and some simply conclude that the project of law is a lost cause.

It is crucial to understand that both normative and critical research questions usually have descriptive sub-questions. For instance, Blum’s normative claim is that the current rule on targeting combatants is no longer tenable and should be changed. But to do so, she first has to give a proper account of the current understanding of law. And that is, of course, a descriptive question. The same applies to critical questions. Good critical scholarship should give a valid account of its object of critique. For example, in Tzouvala’s piece, a significant part offers a description of the standards of civilization, before the main critique is applied.

B. A Note about Theory and Methods

The term theory has been used quite liberally in the previous section. Now, there are several ways to understand this term. Here, theory is used in the sense of the general intellectual framework through which we think about law or a certain legal question. It is our view on the world, if you will—the prism through which we analyze or assess a question. The term theory must be distinguished from method . Methods, in legal research, encompass at least two meanings. The first, more common in descriptive socio-legal research, refers to the way in which we seek to find and arrange the information required to answer our question. For instance, if my question is “do judges in international courts cite scholarship from the Global South,” my method would be the manner in which I gather and arrange the data about judges’ citation practices. Do I search all relevant decisions for citations and create a large dataset (empirical quantitative methods)? Do I conduct interviews with prominent judges and extrapolate from their positions (qualitative methods)? Descriptive doctrinal research, too, has its version of methods in this sense. When we analyze treaties, legislation, state practice, or case law, we apply a method of collecting, analyzing, and categorizing this information.

The second manner in which the term method is used, is more pertinent in normative and critical legal research. For example, in an American Journal of International Law symposium on methods in international legal research, “methods” were defined as “the application of a conceptual apparatus or framework—a theory of international law—to the concrete problems faced by the international community”. [23] Meaning, methods are defined here as the way in which we apply theory to specific instances —or in other words, as applied theory.  It is in this sense that you will hear terms like “feminist methods” or “critical methods” used.

In truth, much of legal research—with the exception of certain strands of law and society research—is quite loose in its awareness to methods and in its use of them. This is perhaps because most of us are socialized, in our earliest days as law students, into the general method of doctrinal approaches to law—legal interpretation, case analysis, analogy, and allusions to consideration of “legal policy” in order to solve dilemmas.  The extent to which you will be required to be strict about methods in legal research, would probably differ between instructors and their own backgrounds.

C. Framing and Finding Your Research Question

What is expected from a research question, at least in the initial stage of your work? Of course, this differs between instructors and advisors. Here, I offer some insights that I think are generally applicable, with specific reference to international law.

First, a lot depends on the stage of your studies. In most seminars at the J.D. or LL.B. level, instructors do not necessarily require that your question be entirely novel, in the sense that no one has asked it before. Of course, most instructors value originality and would be happy if you come up with a reasonably original question (provided that you can answer it, but more about that in a bit). On the Master’s or Ph.D. levels, this might be very different. Framing a question that would be “an original contribution to the field” is one of the crucial parts of writing a dissertation at that level.  But since this is a beginners’ guide, do not worry about that.

Second, a research question must be tailored to the scope of your work, or in other words, it must be a question that you can reasonably answer within the space you have been given. Most seminar papers are around 10,000 words, inclusive of footnotes. This length suits a question like “should the duty to take precautionary measures under IHL require risking soldiers’ lives?” but probably not “the legal history of proxy wars during the Cold War.” The unfortunate nature of seminars is that you will usually have very limited time to think of a research question, and since you are new in the field, you would probably have trouble figuring out whether your question fits the scope of your paper.  Most instructors (I hope) would be happy to let you know if your question is too wide.

Third, a research question should be one that you are capable of answering with the skills you have, or with skills—the methodological proficiency –that you have the time to reasonably acquire during your research (whether independently or with the assistance of your instructor). By the time students write seminar papers, most have a reasonable grasp of how to do legal reasoning from an internal-legal point of view and accordingly have the basic skills to answer descriptive doctrinal questions . Concerning most normative and critical research questions, the basic skills required—at least at the level required in seminar papers in most law schools—can be acquired during your research: to me, learning new theories and the ways to apply them is precisely what seminars should be about! The trick is to find the question and the normative or critical approach that you would like to explore. However, things get much trickier if you select a descriptive socio-legal question . These require, sometimes, research methods that most law students do not possess at this stage.  If you are thinking about such questions, consult with your instructor to see whether she can or is willing to instruct you about the method you need.

But wait! We said nothing about how to actually find your research question. Here, I might disappoint you: there is no way around some of the difficulties we encounter when looking for a question. Finding a research question is hard, in particular when you are just starting out and have a limited grasp on the field. In truth, there is no one way—if there is even a way—to find a research question. A research question begins from an idea, and we cannot really control how our ideas emerge. Even the most experienced researchers will probably tell you that they get their ideas serendipitously when taking a shower, walking the dog, or folding the laundry. “Eureka” moments rarely pop-up when we summon them. So rather than attempting to give (a futile) account on a sure-shot way to find your research questions, I suggest ways that might be conducive to spark the creative thought process needed to get a good idea.

First, ask yourself what interests you, in the most intuitive way, in terms of specific fields of international law. If you are enrolled in a thematic course, such as International Trade Law, or International Criminal Law, then this narrows your selection of course. But even within fields, there are numerous sub and sub-sub fields and questions. In international criminal law, for example, there is a world of difference between questions of jurisdiction and theories of punishment. Start by opening a general textbook in the field. Scan the contents. See the types of issues and dilemmas that arise. See what direction triggers your interest. Most textbooks will highlight controversial issues. Ask yourself whether any of these issues both interest you and can be phrased as a research question that conforms to the requirements discussed above.

Second, follow blogs in the field. There are many high quality blogs on international law, which offer good analysis on current events and legal dilemmas. These blogs can help you to map burning and interesting questions.  Leading blogs such as EJIL: Talk! , Just Security , Legal Form , Opinio Juris , and Lawfare are good places to start. For those of you really willing to take the plunge, there is a very vibrant community of international law scholars on Twitter (although it might lead you to question the general sanity of the field). International legal institutions and organizations also maintain active Twitter profiles, and so do states.

Third, it is ok to begin with a somewhat general or imprecise research question, and narrow it down and refine as you go. For instance, let’s assume that you begin with “should the duty to take precautionary measures under IHL require risking soldiers’ lives.” As you read, you will find that there are several different precautions under IHL. Depending on the scope of your research, you might want to refine your question to something like “should the duty to give advance warning to civilians require exposing soldiers to potential harm?” In other words, it is perfectly fine to make adjustments to your question as you go.

Fourth, be proactive in your communications with your instructor. There are different types of instruction on the seminar level, but most instructors would be happy to participate with you in a ping-pong of ideas on your research question—as long as you have done some thinking and come with ideas to discuss, even if these are half-baked.

II. Secondary and Primary Sources in International Legal Research

Once we have the research question, we need information to answer it. This information is found in research sources . In academic research, it is common to differentiate between primary and secondary sources. In simple terms, primary sources comprise raw information or first-hand accounts of something. By way of example, these include diary entries, interviews, questionnaires, archival data, and meeting records. In basic legal research, primary sources can include black letter law, rulings, and so forth. Another way to look at primary sources is that they give you direct, unmediated access to the objective of your research.  Secondary sources, conversely, are writings about primary sources: they interpret primary sources for you. These include primarily academic books, book chapters, and journal articles. Of course, there are dialectics between primary and secondary sources. Sometimes, secondary sources can become primary sources, depending on our perspective. If, for example, I want to write about the international legal philosophy of Hans Kelsen, then Kelsen’s writings become my primary sources. Other people’s writings about Kelsenwould be my secondary sources. Similarly, a judicial decision can be a primary source when we study what the law “is,” but it can also be secondary source when it describes other things, such as facts, opinions, or ideas.

In international law, there is another idiosyncrasy. If we want to know what the law “is,” secondary sources might be considered primary, to an extent, because according to international law itself, “the teachings of the most highly qualified publicists” are subsidiary means to determine the positive law. [24]

B. The Intricacies of Secondary Sources of International Law: Managing Hegemony and Information Overload

Is there something special that we need to know about secondary sources in international legal research? On its face, secondary sources on international law are not much different from such sources in any other field. For this reason, I will not get into questions that are relevant to all fields of research, such as how to account for newspaper stories, the value of Wikipedia for research (very limited), etc. Rather, I will point out some things that are especially important to consider when approaching secondary sources in international law.

First, since international law presumes to apply everywhere, there might be relevant literature on your question in any language you can imagine. At the seminar paper level, most instructors will expect you to rely on literature in languages reasonably accessible to you. In more advanced levels of research, things might be different. As a rule of thumb, if you cannot access writings in at least English or French, your research will unfortunately be limited. Of course, we can criticize this situation in terms of the hegemony it reflects; [25] however, this is the reality as it stands. A possible exception is if your question focuses on the application of law in a specific jurisdiction. But here, too, you will be limited since without access to literature in other languages, your comparative ability will be diminished.

Second—and this is an understatement—there are differing perceptions of international law, both in general and on specific questions, across different legal cultures. Risking pandering to stereotypes, U.S. scholarship tends to be more inclined towards policy approaches to law, while continental European scholarship might be more positivist. [26] Scholarship from the Global South might view law from postcolonial perspectives. It is crucial to be aware of these differences, in the sense that no single perspective can give you the entire picture. This is not to say that you cannot focus on one specific legal culture—depending on your research question—just be aware that you might be getting a particular point of view.

Third, even within a specific legal culture, there are interpretive “camps” on most questions of international law. Very roughly speaking, writers affiliated with state institutions might interpret law in a manner more permissive of state action, while others might be more suspicious of states and approach law from a more restrictive perspective. For instance, in the field of IHL, David Luban identifies “two cultures” of interpretation—military and “humanitarian” lawyers—that differ almost on every legal question. [27] You will find comparable divisions on international trade, investment arbitration, and international environmental law—and in any other field for that matter. Here, too, it is very important to be aware of the “camp” of the author you are reading. You will not get a complete view if all of your secondary sources belong to this or that camp.

Fourth, be aware and critical of hierarchies. Traditionally, secondary sources of international law were organized around major treatises (which are textbooks that deal systematically with an issue), such as Oppenheim’s international law. [28] This tendency derives from the special status that major scholarship enjoys in the formation of international law, as mentioned above. Of course, major “classic” textbooks are still invaluable tools to get into the field and at least to understand its mainstream at a given moment. However, many canonical treatises—to be blunt—have been written by white western men from major empires, with certain perspectives about the world. Often, these writers went in and out of diplomatic service and might be generally uncritical of their states’ legal policies. Many newer versions of these textbooks internalize these critiques and are much better in terms of incorporating diverse authors and views. Nonetheless, in order to get the fuller picture on your question, diversify your sources.

Fifth, and notwithstanding the need to take into account the problem of hierarchies, it is still important to get a good grasp of the “important” writings on your research question, in order to understand the predominant views on the issue. In an age of information overload, this is particularly difficult to do. There are, however, several (imperfect) ways to mitigate this problem. One way to do so is by using Google Scholar and Google Books as entry portals into your subject. These search engines allow you both to search for titles and specific phrases within titles. They are free, simple and fast, and Google Books even allows you to preview most books. Google Scholar and Books also present a citation count for each source. Citation counts refer to the number of times a work has been cited by other authors, which gives you a rough measure of the centrality of the work.  However, Google’s search engines should be taken with a grain of salt. Google is a data-for-profit company, and its effects on academic research have been criticized . [29] The basic problem is that nobody knows how Google arranges its results  and what interests it serves by doing so. In other words, Google creates a new hierarchy of sources, and we do not know exactly how to account for it.

Another way to get a sense of the important writings relating to your question is to look at general, introductory works on your subject. These textbooks usually provide a good overview of the major discussions and dilemmas relating to the fields they cover, and when doing so, they present the central views on these questions. See which writings they discuss and cite. A good place to start, in order to gain access to initial secondary (and sometimes primary) sources on a specific question, is the Max Planck Encyclopedias of International Law or the Oxford Bibliographies of International Law .

Still, always be mindful that the “central views” on a question are not necessarily the best views. For instance, many times, citation practices simply reproduce geographic, institutional, racial, or gendered hierarchy. They are not meaningless, but be critical about them. After you get the “central views” on the question go to more “neutral” search engines such as your library’s general database or commercial databases such as Hein and Westlaw that arrange scholarship in a more transparent manner. One radical suggestion is to visit your library physically (!) and go to the relevant shelf. Libraries are nice, and you will often find titles that you missed in your electronic search.

C. Primary Research Sources of International Law: What are They and Where to Find Them

What are the primary sources for research in international law? The answer, of course, flows from the type of your research question. The sources for doctrinal research questions would generally follow material that would be relevant for the study of the legal sources of international law, namely those found in Article 38(1) of the Statute of the International Court of Justice (“ICJ”): 1) treaties, 2) state practice and opinio juris (as elements of customary law), 3) general principles of law, and 4) as subsidiary means, judicial decisions and scholarly work.

However, even when conducting doctrinal research, not everyone subscribes to an exclusively formalist understanding of legal sources. For instance, there are many forms of formal and informal regulation in various global governance frameworks. Non-binding resolutions of international organizations, for example, and instruments of “soft law” can also be viewed as part of the doctrine, broadly speaking. [30] Additionally, legal realists might argue that whatever is perceived by international actors as authoritative and controlling in specific instances can be analyzed as a legally relevant source. [31] The important takeaway is that the primary sources for doctrinal research follow the author’s approach to the sources relevant for international law, and this changes between legal formalists and realists. This complicates your work, but even as a beginner, you would need to decide which way to go in terms of identifying relevant primary sources. If you are confused about this, consulting with your instructor is probably wise here.

As discussed earlier on, normative and critical research questions tend to have descriptive doctrinal sub-questions. For the doctrinal parts in normative and critical research, the above primary sources are relevant also. The normative and critical parts of such research, conversely, would usually rely on the application to the descriptive findings of theory found in secondary sources (and recall the definition of method as applied theory, suggested in the AJIL symposium). [32]

For socio-legal research questions, primary sources can extend much wider, depending on the specific research method selected. Since the challenges of identifying sources for socio-legal research are not unique in the context of international legal research and require treatment beyond this limited guide, I do not address them here.

After clearing that up (hopefully), we now move to a more technical part: where can we find primary sources for doctrinal research in international law (or doctrinal parts within otherwise non-doctrinal research)? Of course, there are virtually endless options. Here, I seek only to give an overview of some of the best ways to look for such sources, or at least, those that I prefer. Note, that I do not get into the nitty-gritty of each search engine or database, such as how to run searches and where to click. They are usually quite easy to get a handle on, and if not, most law school libraries have very capable personnel to assist in the more technical aspects of things. In the same vein, I do not get into the specifics of document indexing systems of various institutions (see, for instance, here ).

1. Curated Collections of Important Primary Sources

Before delving into specific primary sources and where we can find them, it is good to know that some publications select especially important sources and publish them with commentary. These publications do not include all primary sources, but if you want to search for especially pertinent sources on your subject, they can be helpful. For example, International Legal Materials (“ILM”) is a publication of the American Society of International Law that periodically selects important primary sources, with expert commentary. Although ILM is a very old publication, it is fortunately online, and you can search its database.

2. Treaties and Treaty Bodies

Moving on to treaties. In general, you can access the text of almost every treaty directly from any internet search engine. For comprehensive research, however, the United Nations Treaty Collection (“UN Treaty Collection”) has a sophisticated search page , allowing you to find treaties by title, signatories, dates, and many other categories.  When you click on a treaty, you can also find the list of state parties, including reservations, declarations, etc. Take note of that the UN Treaty Collection includes only treaties registered with the United Nations . The most important treaties are indeed registered. Those that are not might be found in secondary sources, in governmental websites, and so forth. Last, Oxford Historical Treaties is a great source for older treaties.

Treaties can also be found in the homepages of relevant international organizations. For instance, the World Trade Organization website includes all of the organization’s founding agreements and other relevant treaties. Regional organizations, also, mostly follow this practice. The International Committee of the Red Cross (“ICRC”) website has an index of all historical and in-force IHL treaties. These are only examples.

For the purpose of your research, you might want to look at the travaux préparatoires —which include the official negotiation records of the treaty, its drafting history, and other preparatory documents. These are important both to interpret and understand the history and rationales of the treaty. There is no single way in which these records are published. Many times, they can be found in official volumes, whether online or in hardcopy. For example, the travaux of the European Conventions of Human Rights can be found online here . You can find more information about finding travaux at the UN Library on this page .

Many treaties establish organs that oversee their execution or interpret their provisions (“treaty bodies”). These organs, in turn, create their own documents, decisions, and comments. This is a particularly important feature of international human rights law treaties. Luckily, the UN keeps a searchable treaty body database in which you can search for virtually any type of document produced by these bodies. For example, you can find various reports submitted to these bodies by states; you can also find decisions (“jurisprudence”) of treaty bodies, as some of them are empowered to decide on individual and interstate claims.  For more information about research in human rights law, Georgetown Law produced this great guide (on both secondary and primary sources).

3. Judicial Decisions

Judicial decisions constitute important primary sources in international legal research like in any legal research. However, as opposed to domestic jurisdictions, the terrain of international legal tribunals is heavily fragmented. [33]   As you probably know by now, there is no “supreme court of the international community” to which all other courts are subject. Most tribunals are limited in their jurisdiction to a certain subject matter or to a certain group of states or individuals. To make things even more complicated, domestic courts also frequently rule on international legal questions or refer to international law in their decisions. A crucial point when conducting your research is to figure out whether there is an international tribunal that might have jurisdiction over issues relating to your question and whether these issues were addressed in a substantial way by domestic courts.

Fortunately, there are search engines that allow us to search for specific things across many international tribunals and dispute settlement mechanisms. The Oxford Reports on International Law , for instance, allows you to search across virtually all international tribunals and arbitration mechanisms (as well as treaty bodies). It includes not only ICJ rulings, but also rulings and decisions of subject-area specific dispute settlement mechanisms such as the International Tribunal on the Law of the Sea (“ITLOS”) and others. Furthermore, the search engine allows you also to look for domestic rulings that apply international law in many jurisdictions. Be mindful, however, that the database on domestic rulings is not comprehensive, and many times does not include the newest rulings since it takes time for the regional reporters to report them.  The Cambridge Law Reports is another very reputable and established source for international case law and domestic rulings relating to international law.

It should be noted that in addition to these databases, most tribunals have their own websites. Just by way of example, the ICJ , the European Court of Human Rights , the International Criminal Court (“ICC”), and the WTO Dispute Settlement mechanism all have very helpful sites with their own advanced search engines. Similarly, the International Center for Settlement of Investment Disputes (“ICSID”) allows you to search for decisions in investment-state arbitrations. Many other tribunals and dispute settlement arrangements have similar systems.  The added value of the tribunals’ own sites is that they usually include not only decisions, but also oral and written proceedings and other documents of interest for in-depth research. Moreover, it might be that they are updated faster with new decisions.

Note, however, that many questions are never resolved by any tribunal. International law is more of an ongoing process than a system of adjudication, [34] and the fact that a dispute or dilemma has not been formally addressed by courts does not mean that it is not important or that there are no highly relevant primary sources on the issue. Ironically, often the opposite is true: some important questions do not come up for adjudication precisely because actors do not want to risk losing in adjudication.

4. United Nations Documents

Documents produced by the different organs of the UN—as well as by states when interacting in and with the UN—are of special importance for international legal research. Resolutions by the UN Security Council (“UNSC”) can be binding; resolutions by the UN General Assembly might reflect the international consensus, can be declarative of customary international law, or crystallize into binding law as time passes. Reports by the UN Secretary General and by Special Rapporteurs are also important in this sense, not to mention the work of the UN International Law Commission (“ILC”). Letters by states and their statements in various UN fora are also crucial as sources for state practice and opinio juris. Fortunately, The UN’s Official Document System allows you to run searches into the majority of publicly available UN documents.  Additionally, the UN Library provides another, more guided, entry point to the universe of UN documents.

Sometimes, if you know the specific type of document you need, it can be helpful to head to the website of the relevant UN organ. For example, the UNSC ’s site has all of the UNSC’s resolutions, presidential statements, reports and meeting records by year (as well as documents relating to sub-organs such as Sanctions Committees). You can find, for instance, a specific meeting and its full verbatim records (what states said). The same holds for the UN General Assembly , Human Rights Council and other organs of interest. These websites are generally self-explanatory, although they might be clunky sometimes, and the UN tends to move pages around for mysterious reasons. Explore a bit, and you will usually find what you need.

Last, sometimes you would want to get a general picture about how a specific incident, event, or issue was dealt with across the UN in a specific time. The best place to get this information is the Yearbook of the United Nations . Just look in the specific yearbook for the year in which your event of interest took place, and you will find summaries of the discussion of the issue across the UN. A huge bonus is that the yearbooks include an index of documents for each issue or event that you can then retrieve—using the document’s symbol—from the UN’s Official Document System. Note, however, that unfortunately the Yearbook is only published several years after the relevant year. As of 2020, the 2015 Yearbook hasn’t been released yet.

5. Practice and Statements

State practice and statements are important in order to ascertain customary international law, but also to understand general international approaches towards your question. At least for the latter purpose, the same holds with regard to practice and statements by international organizations and NGOs. Now, since state practice and statements can manifest in endless forms—from Twitter rants to official statements by heads of states (which are, nowadays, sometimes one and the same)—there is no one-stop shop for this type of primary source. Much can be found in UN documents, but this is by no means a comprehensive source because a lot of relevant interactions take place outside of the UN.

Nevertheless, some publications and other databases collect important pieces of (mainly state) practice.  Just by way of example, each issue of the American Journal of International Law has a section on contemporary U.S. practice on international law. The U.S. State Department compiles an annual digest on U.S. State Practice, accessible here . German practice in international law can be found here (in English). Some other digests of state practice are listed by the Institute of Advanced Legal Studies library.

Additionally, after you select a research question, it is helpful to run a search and see if there is a subject-matter digest of practice relating to your question. For example, the Journal on the Use of Force and International Law includes, in each issue, a digest of practice on the use of force, divided by regions. The ICRC Customary Law Study website contains an updating database of practice on IHL. But again, these are only examples.

Unfortunately, a lot of relevant material is not compiled or indexed anywhere, and you will have to look for it in other places. Beyond the UN databases, you can find states’ positions in their governmental websites (typically the ministry of foreign affairs). NGO reports can be found in the specific organization’s website. A lot of information can be found in trustworthy media outlets (and we leave the discussion of what is “trustworthy” for another day). The New York Times’ searchable archive is a formidable tool for finding different positions of various actors in relation to current and historical events. For delving deeper, access into institutional archives might be needed.

Furthermore, sometimes, to gain access to relevant practice, you will need to search domestic legislation and rulings, beyond those found in the general databases mentioned above (such as the Oxford databases). Domestic legislation and rulings are especially pertinent when looking for “ general principles of law ,” which form a part of the sources of international law. [35] There is no single way to look for sources in domestic jurisdictions: each jurisdiction has its own system and databases. For instance, for English-speaking jurisdictions, Westlaw and Lexis are leading databases.

Last, nowadays, it is important not to neglect social media. For better or for worse, states and other international actors often share positions (and, ahem, insults) on Twitter. [36] These might also be relevant for your research.

III. Conclusion

All in all, there is no single way to think about any of the issues discussed in this guide. Some researchers will contest many of the definitions and suggestions offered here. This just serves to emphasize that determining the “best” way to approach research has a strong individual component. At least in legal research, beyond strict methodological requirements that might apply in socio-legal research, each researcher develops her own way and understandings as she gains knowledge and experience. I hope that this guide helps you to begin to find your own.

*    Associate Professor, Tel Aviv University Buchmann Faculty of Law.

[1]   See, e.g. , Martti Koskenniemi & Päivi Leino, Fragmentation of International Law? Postmodern Anxieties , 15 Leiden J. Int’l L. 553 (2002).

[2]   Compare Monica Hakimi, Making Sense of Customary International Law , 118 Mich. L. Rev. 1487 (2020) with Kevin Jon Heller, Customary International Law Symposium: The Stubborn Tenacity of Secondary Rules , Opinio Juris (Jul. 7, 2020).

[3]  Tom Ruys & Luca Ferro,  Weathering the Storm: Legality and Legal Implications of the Saudi-Led Military Intervention in Yemen , 65 Int’l & Comp. L.Q. 61 (2016).

[4]  Felix S. Cohen,  Transcendental Nonsense and the Functional Approach , 35 Colum. L. Rev. 809 (1935).

[5]   Anthea Roberts, Is International Law International? (2017).

[6]  Eyal Benvenisti & Doreen Lustig, Monopolizing War: Codifying the Laws of War to Reassert Governmental Authority, 1856–1874 , 31 Eur. J. Int’l L. 127 (2020).

[7]  Gabriella Blum, The Dispensable Lives of Soldiers , 2 J. Leg. Analysis 115 (2010).

[8]  For an explanation, see Scott J. Shapiro, Legality 47–49 (2011).

[9]   Andrea Bianchi, International Law Theories: An Inquiry into Different Ways of Thinking (2016).

[10]   See Emmerich de Vattel, The Law of Nations, bk. I, ch. IV, §§38–39 (Béla Kapossy & Richard Whatmore eds., 2008) (1758).

[11]   See, e.g. , Adil Ahmad Haque, Law and Morality at War (2017).

[12]  Ronald Dworkin, Law’s Empire (1986).

[13]  Thomas M. Franck, Legitimacy in the International System, 82 Am. J. Int’l L. 705 (1988)

[14]  Jeffrey L. Dunoff & Joel P. Trachtman,  Economic Analysis of International Law , 24 Yale J. Int’l L. 1 (1999).

[15]  W. Michael Reisman, The View from the New Haven School of International Law , 86 Am. Soc’y Int’l L. Proc. 118 (1992).

[16]   See Harlan Grant Cohen, Are We (Americans) All International Legal Realists Now?, in Concepts on International Law in Europe and the United States (Chiara Giorgetti & Guglielmo Verdirame, eds., forthcoming), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3025616.

[17]  Martti Koskenniemi, What Is Critical Research in International Law? Celebrating Structuralism , 29 Leiden J. Int’l L. 727 (2016).

[18]  Martti Koskenniemi, The Politics of International Law , 1 Eur. J. Int’l L. 4 (1999).

[19]  Aeyal M. Gross, Human Proportions: Are Human Rights the Emperor’s New Clothes of the International Law of Occupation?,  18 Eur. J. Int’l L. 1 (2007).

[20]  Antony Anghie, Francisco de Vitoria and the Colonial Origins of International Law , 5 Soc. & Leg. Stud. 321 (1996); see also Sundhya Pahuja, The Postcoloniality of International Law , 46 Harv. J. Int’l L. 459 (2005).

[21]  Ntina Tzouvala, Civilization, in Concepts for International Law: Contributions to Disciplinary Thought 83 (Jean d’Aspremont & Sahib Singh eds., 2019).

[22]  Fionnuala Ní Aoláin, The Gender of Occupation , 45 Yale J. Int’l L. 335 (2020).

[23]  Steven R. Ratner & Anne-Marie Slaughter,  Appraising the Methods of International Law: A Prospectus for Readers , 93 Am. J. Int’l L. 291, 292 (1999).

[24]  Statute of the International Court of Justice, Art. 38(1)(d), June 26, 1945, 59 Stat. 1055, 33 U.N.T.S. 933.

[25]   See Justina Uriburu, Between Elitist Conversations and Local Clusters: How Should we Address English-centrism in International Law?, Opinio Juris (Nov. 2, 2020), https://opiniojuris.org/2020/11/02/between-elitist-conversations-and-local-clusters-how-should-we-address-english-centrism-in-international-law/.

[26]   See Cohen, supra note 15. See also William C. Banks & Evan J. Criddle, Customary Constraints on the Use of Force: Article 51 with an American Accent, 29 Leiden J. Int’l L. 67 (2016).

[27]  David Luban, Military Necessity and the Cultures of Military Law , 26 Leiden J. Int’l L. 315 (2013); see also Eyal Benvenisti, The Legal Battle to Define the Law on Transnational Asymmetric Warfare , 20 Duke J. Comp. & Int’l L. 339, 348 (2010).

[28]  1 Lassa Oppenheim, International Law: A Treatise (1912).

[29]  Jake Goldenfein, Sebastian Benthall, Daniel Griffin & Eran Toch, Private Companies and Scholarly Infrastructure — Google Scholar and Academic Autonomy (Oct. 28, 2019), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3476911.

[30]   See, e.g. , Kenneth W. Abbott & Duncan Snidal, Hard and Soft Law in International Governance , 54 Int’l Org. 421 (2000).

[31]  For this type of thinking, see Hakimi, supra note 2.

[32]   See Ratner, supra note 23.

[33] See Koskenniemi, supra note 1.

[34]  Harold Hongju Koh, Is there a “New” New Haven School of International Law? , 32 Yale J. Int’l L. 559 (2007).

[35]   See, e.g. , M. Cherif Bassiouni,  A Functional Approach to “General Principles of International Law” , 11 Mich J. Int’l L. 768 (1990).

[36]  Francis Grimal, Twitter and the jus ad bellum: threats of force and other implications , 6 J. Use of Force & Int’l L. 183 (2019).

Dr. Eliav Lieblich is an Associate Professor at Tel-Aviv University’s Buchmann Faculty of Law. He teaches and researches public international law, with a focus on the laws on the use of force, just war theory, international humanitarian law, and the history and theory of international law. Dr. Lieblich has been awarded two Israel Science Foundations grants, as well as the Alon Fellowship for Outstanding young faculty, awarded by the Council of Higher Education. His scholarship was published, among others, in the European Journal of International Law, the British Yearbook of International Law, and the Hastings Law Journal.

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International Law Research Paper Topics

This page presents a comprehensive collection of international law research paper topics , curated to aid students studying law in their research endeavors. International law is a multifaceted field with diverse areas of study, and this page aims to provide students with an extensive list of topics that can serve as a foundation for their research papers. By exploring these topics, students can delve into various aspects of international law, such as human rights, criminal law, environmental law, trade law, and humanitarian law, among others. This page also offers insights into how to choose compelling international law research paper topics, tips on writing a coherent and impactful paper, and highlights the custom international law research paper writing services provided by iResearchNet. The ultimate goal is to empower students to embark on an enriching and successful academic journey in the realm of international law research.

100 International Law Research Paper Topics

International law encompasses a vast array of subjects, reflecting the intricate and interconnected nature of global affairs. As students of law, exploring these topics can open new horizons and deepen their understanding of how international legal frameworks shape our world. This comprehensive list presents 10 categories, each comprising 10 diverse and thought-provoking international law research paper topics. Whether you are interested in human rights, environmental protection, trade regulations, or armed conflicts, these topics offer a wealth of opportunities for academic exploration and intellectual growth.

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• The Universality of Human Rights: A Global Perspective
• Human Rights and Armed Conflicts: Challenges and Protections
• Gender Equality and Women’s Rights in International Law
• The Role of Non-Governmental Organizations (NGOs) in Promoting Human Rights
• Freedom of Speech and Expression in the Digital Age
• Human Rights Violations and the Responsibility to Protect (R2P)
• Children’s Rights and Child Protection Laws Internationally
• The Right to Asylum: Refugee Protection and International Law
• Combating Human Trafficking: International Legal Frameworks
• Indigenous Peoples’ Rights and Cultural Heritage Preservation
• Climate Change and Global Efforts for Environmental Protection
• Biodiversity Conservation and the Convention on Biological Diversity
• Sustainable Development Goals (SDGs) and Environmental Justice
• Transboundary Pollution and International Liability
• The Role of International Courts and Tribunals in Environmental Disputes
• The Precautionary Principle in International Environmental Law
• Oceans Governance and the Protection of Marine Resources
• International Agreements on Wildlife Conservation and Endangered Species
• Indigenous Peoples and Environmental Rights: Perspectives and Challenges
• The Economics of Environmental Protection: Balancing Trade and Conservation
• World Trade Organization (WTO) and the Multilateral Trading System
• Free Trade Agreements (FTAs) and Regional Economic Integration
• Investor-State Dispute Settlement (ISDS) Mechanisms in Trade Agreements
• Intellectual Property Rights and International Trade
• Trade and Labor Standards: Addressing Social Issues in Global Commerce
• Environmental Protection in International Trade: Conflicts and Synergies
• Trade Remedies: Anti-dumping, Countervailing, and Safeguard Measures
• Trade Liberalization and Economic Development: Case Studies
• Cross-Border E-Commerce and Digital Trade Regulations
• Challenges of Trade in Services: Legal and Regulatory Perspectives
• The International Criminal Court (ICC) and Its Role in Ending Impunity
• Prosecuting War Crimes and Crimes Against Humanity: Legal Challenges
• Genocide Prevention and the Responsibility to Prosecute
• The Evolution of International Criminal Law: From Nuremberg to the ICC
• The Principle of Universal Jurisdiction: Holding Perpetrators Accountable
• Truth and Reconciliation Commissions in Post-Conflict Societies
• The Role of the United Nations in Combating International Crimes
• War Criminals and Refugees: The Intersection of Criminal and Migration Law
• Cyberwarfare and the Application of International Criminal Law
• Combating Terrorism: Legal Approaches and Human Rights Concerns
• The Geneva Conventions and the Protection of War Victims
• Targeted Killings and Drones: The Legal Challenges of Modern Warfare
• The Principle of Proportionality in Armed Conflicts
• War Crimes and Accountability in Non-International Armed Conflicts
• The Protection of Cultural Property in Armed Conflicts
• Autonomous Weapons and the Ethics of Lethal Autonomous Systems (LAS)
• The Role of National Courts in Prosecuting War Crimes
• The Humanitarian Impact of Economic Sanctions and Trade Embargoes
• Children in Armed Conflicts: From Recruitment to Rehabilitation
• Humanitarian Assistance and the Challenges of Providing Aid in Conflict Zones
• Comparative Constitutional Law: Analyzing Different Legal Systems and Their Impact on Global Governance
• The Role of International Law in Shaping Domestic Constitutions
• Constitutional Design and State Building in Post-Conflict Societies
• Human Rights and Constitutional Protections: Assessing the Impact of International Treaties
• Constitutionalism and the Rule of Law: Ensuring Effective Governance in International Relations
• Judicial Independence and the Enforcement of Constitutional Rights in International Contexts
• The Impact of International Institutions on National Constitutions
• The Right to Privacy in the Digital Age: Balancing National Security and Civil Liberties
• Federalism and the Division of Powers in Constitutional Design
• The Role of Constitutional Courts in Protecting Democratic Principles
• Cross-Border Mergers and Acquisitions: Legal and Regulatory Challenges
• International Commercial Arbitration: Enforcement and Recognition of Awards
• Corporate Social Responsibility (CSR) and Multinational Corporations
• Foreign Investment Protection and Bilateral Investment Treaties (BITs)
• International Contract Law and Choice of Law Clauses
• Dispute Resolution in International Trade: Litigation vs. Arbitration
• Intellectual Property Rights and International Business Transactions
• International Trade Law and the World Trade Organization (WTO)
• Corporate Governance and Compliance in International Business
• Environmental and Social Responsibility in International Business
• Double Taxation Treaties: Legal Implications and Challenges
• Transfer Pricing and Base Erosion and Profit Shifting (BEPS)
• Tax Havens and Their Impact on Global Taxation
• Taxation of Digital Economy and E-commerce Transactions
• Taxation of Multinational Corporations: Fairness and Equity Concerns
• Tax Avoidance vs. Tax Evasion: Legal Distinctions and Consequences
• Taxation of Foreign Source Income and Territorial vs. Worldwide Tax Systems
• Developing Countries and International Taxation: Bridging the Gap
• The Role of International Organizations in Shaping Global Tax Policies
• Addressing Tax Challenges Arising from the COVID-19 Pandemic
• The United Nations Convention on the Law of the Sea (UNCLOS) and Its Implementation
• Maritime Boundaries and Dispute Resolution in the South China Sea
• Exclusive Economic Zones (EEZ) and Marine Resource Management
• Freedom of Navigation and Maritime Security in the Indian Ocean
• Environmental Protection in the High Seas: Addressing Pollution and Overfishing
• Piracy and Armed Robbery at Sea: Legal Responses and Jurisdictional Challenges
• Submarine Cables and Cybersecurity in International Waters
• The Role of International Tribunals in Resolving Maritime Disputes
• Deep Sea Mining and the Regulation of Exploitation of Marine Resources
• Indigenous Rights and Traditional Knowledge in Marine Conservation
• Diplomatic Negotiations and Conflict Resolution in International Relations
• The Role of Mediation in Resolving International Disputes
• International Arbitration: Institutional Frameworks and Best Practices
• The Use of Force and Armed Conflict: Legal Perspectives on Peacekeeping
• Compliance with International Court Judgments and Decisions
• The Settlement of Territorial Disputes: Case Studies and Legal Approaches
• The Role of Non-State Actors in International Conflict Resolution
• The Legality of Targeted Sanctions and Economic Coercion
• The Use of International Courts and Tribunals in Human Rights Disputes
• The Role of Regional Organizations in Conflict Mediation and Resolution

In conclusion, the field of international law offers a vast array of research topics that delve into critical global issues, ranging from human rights and environmental protection to trade and business regulations. Scholars and students of law can explore the complexities of international relations, the challenges of cross-border disputes, and the ever-evolving legal frameworks that shape the international community. The comprehensive list of international law research paper topics provided above serves as a starting point for students to delve deeper into their areas of interest and contribute to the understanding and development of international law. Through diligent research and critical analysis, they can further advance the principles of justice, equality, and cooperation on the global stage.

Exploring the Range of International Law Research Paper Topics

International law is a complex and dynamic field that governs the interactions between nations and other actors in the global community. As a crucial component of the global legal system, international law encompasses a diverse range of topics that have significant implications for peace, security, human rights, trade, and cooperation among nations. Researching international law research paper topics offers students a unique opportunity to delve into the intricacies of international relations, diplomatic relations, and the role of international organizations in promoting peace and stability.

• The Sources of International Law : This topic explores the various sources of international law, including treaties, customary international law, general principles of law, and decisions of international courts and tribunals. Students can investigate the hierarchy of these sources and their application in resolving disputes between states.
• International Human Rights Law : This area of international law deals with the protection and promotion of human rights on a global scale. Research topics may cover issues like the role of international human rights organizations, the enforcement of human rights treaties, and the impact of human rights violations on international relations.
• International Humanitarian Law : Also known as the law of armed conflict or the law of war, this branch of international law governs the conduct of parties during armed conflicts. Students can explore topics such as the protection of civilians in armed conflicts, the use of force in self-defense, and the prosecution of war crimes.
• International Environmental Law : With growing concerns about climate change and environmental degradation, international environmental law has become increasingly relevant. Research topics may include international agreements on climate change, biodiversity conservation, and the responsibility of states for transboundary environmental harm.
• International Criminal Law : This field focuses on the prosecution of individuals for international crimes, such as genocide, crimes against humanity, and war crimes. Students can investigate the role of international criminal tribunals, the challenges of obtaining evidence in international cases, and the pursuit of justice for victims of international crimes.
• International Trade Law : International trade is essential for global economic development and cooperation. Research topics in this area may cover international trade agreements, dispute settlement mechanisms in trade disputes, and the impact of trade policies on developing nations.
• Law of the Sea : This branch of international law governs the use and protection of the world’s oceans and resources. Students can explore topics such as the rights and responsibilities of states in their maritime zones, the protection of marine biodiversity, and the resolution of disputes over territorial waters.
• International Investment Law : As globalization continues to shape economic relationships, international investment law has gained prominence. Research topics may include the regulation of foreign direct investment, investor-state dispute settlement mechanisms, and the balance between investor rights and host state regulatory powers.
• International Arbitration and Mediation : International dispute resolution is essential for maintaining peaceful relations among states. Students can explore topics such as the effectiveness of international arbitration and mediation in resolving conflicts, the role of international organizations in facilitating dispute resolution, and the enforcement of arbitral awards.
• Cybersecurity and International Law : With the rise of cyber threats and cyber warfare, international law has grappled with issues of cyber sovereignty, cyber espionage, and the application of existing legal principles to cyberspace. Research topics may delve into the challenges of attributing cyber-attacks, the development of international norms for responsible state behavior in cyberspace, and the protection of human rights in the digital age.

In conclusion, international law offers a vast array of research paper topics that reflect the complexities and challenges of the global legal landscape. As students delve into these topics, they gain a deeper understanding of the intricacies of international relations, human rights, trade, and conflict resolution. Exploring the multifaceted nature of international law research allows students to critically analyze the role of law in shaping the conduct of states and the broader international community, fostering a deeper appreciation for the significance of international law in today’s interconnected world.

How to Choose International Law Research Paper Topics

Selecting a compelling and relevant research paper topic is essential to the success of any academic endeavor. In the context of international law, choosing the right research topic requires careful consideration of various factors that can shape the scope and impact of the research. Whether you are a law student, an aspiring international lawyer, or a researcher interested in global legal issues, the following guide provides valuable insights on how to choose international law research paper topics that are engaging, insightful, and contribute meaningfully to the field of international law.

• Identify Your Area of Interest : International law is a vast and diverse field encompassing numerous sub-disciplines, including human rights law, environmental law, international trade law, and more. Start by identifying your specific area of interest within international law. Reflect on the subjects that intrigue you the most and the issues you are passionate about. This will serve as the foundation for selecting a research topic that resonates with your academic and professional aspirations.
• Stay Abreast of Current Developments : International law is constantly evolving to address contemporary global challenges and opportunities. Keeping up to date with current international legal developments, landmark cases, and significant treaties and agreements can provide valuable inspiration for research topics. Consider exploring emerging issues and debates in the field, as these can offer unique opportunities for original research and innovative insights.
• Analyze Relevant Legal Frameworks : International law operates within a complex web of legal frameworks, including treaties, conventions, and customary international law. Analyzing these legal sources can help you identify gaps, contradictions, or areas where further research is needed. Topics that delve into the interpretation and application of international legal instruments can add depth and value to your research.
• Consider Timeliness and Relevance : A relevant and timely research topic is more likely to capture the attention of readers and contribute to ongoing discussions in the field. Consider the significance of your chosen topic in the context of current global events, policy debates, or emerging challenges. Topics that address pressing international issues, such as climate change, human rights violations, or cybersecurity threats, can have a significant impact on both academic and policy circles.
• Review Existing Literature : Conduct a thorough literature review to understand the existing body of research on your chosen topic. This will help you identify gaps in the literature that you can explore in your research. Additionally, reviewing existing studies can provide insights into the methodologies and approaches used by other researchers, informing your own research design.
• Balance Complexity and Feasibility : While it is essential to select a topic that reflects the complexities of international law, it is equally important to ensure that your research is feasible within the scope and limitations of your academic assignment or project. Avoid overly broad or ambitious topics that may be challenging to address comprehensively within the available time and resources.
• Consult with Professors and Experts : Seek guidance and advice from your professors, academic advisors, or experts in the field of international law. They can provide valuable insights into potential research topics, relevant literature, and methodologies. Engaging in discussions with experienced scholars can help refine your research question and add depth to your analysis.
• Focus on Practical Implications : Consider the practical implications of your research topic in the real world. How might your findings impact international relations, legal practices, or policymaking? Research that offers practical solutions to global challenges or sheds light on pressing legal issues can have a more significant impact on the field of international law.
• Address Controversial Issues : International law often involves contentious and complex topics that evoke strong opinions and debates. Embracing controversial issues can lead to thought-provoking research that challenges existing norms and perceptions. However, ensure that you approach such topics with sensitivity and a commitment to unbiased analysis.
• Conduct a Preliminary Study : Before finalizing your research topic, conduct a preliminary study to gather relevant information and assess the availability of data and resources. This will help you determine whether your chosen topic is viable and whether you can access the necessary materials to conduct a comprehensive study.

In conclusion, choosing the right international law research paper topic is a critical step in producing a successful and impactful piece of academic work. By identifying your area of interest, staying informed about current developments, analyzing legal frameworks, and considering the timeliness and relevance of your topic, you can select a research question that is both intellectually stimulating and practically significant. Engage with existing literature, seek guidance from experts, and balance the complexity and feasibility of your research to ensure a rewarding and insightful exploration of international law issues.

How to Write an International Law Research Paper

Writing an international law research paper requires careful planning, rigorous research, and a structured approach to presenting your arguments and findings. Whether you are a law student or a seasoned researcher, mastering the art of academic writing in the field of international law is essential to communicate your ideas effectively and contribute to the broader legal discourse. This section provides a comprehensive guide on how to write an international law research paper, from choosing a suitable research question to crafting a well-organized and persuasive paper.

• Define Your Research Question : The first step in writing an international law research paper is to define a clear and focused research question. Your research question should be specific, relevant, and aligned with your area of interest within international law. It should address a significant legal issue or gap in the literature and demonstrate your research objectives.
• Conduct a Thorough Literature Review : Before diving into your research, conduct a comprehensive literature review to understand the existing scholarship on your chosen topic. This will help you identify key debates, theoretical frameworks, and gaps in the literature that your research can address. A strong literature review serves as the foundation for your research paper and provides context for your study.
• Develop a Well-Structured Outline : Organize your research paper with a clear and logical structure. Create an outline that includes an introduction, literature review, methodology, main body sections, analysis of findings, and conclusion. Each section should flow seamlessly into the next, guiding the reader through your research process.
• Craft a Compelling Introduction : The introduction sets the tone for your research paper and should capture the reader’s attention. Start with a hook or a thought-provoking question related to your research topic. Provide background information on the issue at hand and clearly state your research question and objectives. Conclude the introduction with a strong thesis statement that outlines the main argument of your paper.
• Conduct Rigorous Research : International law research papers require a robust research methodology. Depending on your research question, you may use various methods, such as legal analysis, case studies, empirical research, or comparative analysis. Ensure that you use credible and authoritative sources for your research and cite them properly using the appropriate citation style (e.g., APA, MLA, Chicago).
• Analyze and Present Your Findings : In the main body of your research paper, present your findings and analyze them in-depth. Use a clear and coherent structure to present your arguments and evidence. Use relevant case law, treaties, and legal principles to support your analysis and draw well-reasoned conclusions.
• Address Counterarguments : Acknowledge and address counterarguments to your research findings. Demonstrating that you have considered opposing viewpoints and providing a thoughtful rebuttal strengthens the credibility and persuasiveness of your research.
• Consider Policy Implications : In international law, research often has practical implications for policymakers and legal practitioners. Discuss the potential policy implications of your findings and offer recommendations for addressing the legal issue at hand. This demonstrates the real-world relevance of your research.
• Maintain a Cohesive Writing Style : Use clear and concise language throughout your research paper. Avoid jargon and technical terms that may confuse the reader. Maintain a cohesive writing style, ensuring that each paragraph and section contributes to the overall argument of your paper.
• Write a Strong Conclusion : The conclusion is your opportunity to summarize your key findings, restate your thesis statement, and highlight the significance of your research. Avoid introducing new information in the conclusion and instead, focus on leaving the reader with a lasting impression of your research’s importance and potential impact.
• Edit and Revise : After completing your first draft, take the time to edit and revise your research paper. Check for clarity, coherence, grammar, and proper citation. Consider seeking feedback from peers or professors to gain valuable insights and improve the overall quality of your paper.
• Review Formatting and Citations : Ensure that your research paper adheres to the required formatting guidelines, such as font size, margins, and line spacing. Double-check your citations and references to avoid plagiarism and maintain academic integrity.

By following these steps and guidelines, you can craft a well-structured, persuasive, and impactful international law research paper. Remember to approach your research with curiosity and dedication, as it is through thorough exploration and analysis that you can make meaningful contributions to the field of international law.

iResearchNet’s Custom Research Paper Writing Services

At iResearchNet, we understand the challenges that students and researchers face when tasked with writing a compelling international law research paper. International law is a complex and ever-evolving field, and producing a high-quality research paper requires extensive knowledge, critical thinking skills, and time. To help you overcome these challenges and excel in your academic pursuits, we offer custom international law research paper writing services that cater to your specific needs and requirements.

• Expert Degree-Holding Writers : Our team of writers consists of legal experts with advanced degrees in international law. They have a deep understanding of the complexities of the subject and possess the expertise to deliver well-researched and meticulously crafted research papers.
• Custom Written Works : We believe in providing personalized solutions to each client. When you choose our custom writing services, you can be confident that your research paper will be tailored to your unique research question, instructions, and academic level.
• In-Depth Research : Our writers are skilled in conducting thorough research on a wide range of international law topics. They have access to a vast array of academic resources, legal databases, and scholarly journals to ensure that your research paper is well-grounded in current and authoritative sources.
• Custom Formatting : Our writers are well-versed in different citation styles commonly used in academic writing, including APA, MLA, Chicago/Turabian, and Harvard. They will format your research paper according to your specified style guidelines.
• Top Quality : At iResearchNet, quality is our top priority. We are committed to delivering research papers that meet the highest academic standards and demonstrate critical thinking, analytical skills, and originality.
• Customized Solutions : Whether you need assistance with selecting a research topic, conducting a literature review, or writing specific sections of your paper, our custom solutions cater to your precise requirements.
• Flexible Pricing : We understand that students often have budget constraints. Our pricing is flexible and designed to accommodate various academic levels and deadlines without compromising on quality.
• Short Deadlines : If you are facing a tight deadline, our writers can work efficiently to deliver your custom research paper within as little as 3 hours.
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Our custom international law research paper writing services are designed to empower you in your academic journey. Whether you are a student seeking guidance in writing your research paper or a researcher looking for expert assistance, iResearchNet is your trusted partner in achieving academic success. Let our team of seasoned writers and experts help you unlock the full potential of your international law research and make a meaningful impact in the field.

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