Case law, also known as jurisprudence or judicial precedent, refers to the body of legal principles and interpretations established through the decisions of courts. While not a primary source of law in all legal systems, it plays a significant role in shaping the interpretation and application of international law, influencing global affairs, and informing political decision-making.
Why Case Law Matters for Your Studies:
Understanding International Law: In international relations and global affairs, case law from international courts and tribunals (e.g., the International Court of Justice, the European Court of Human Rights) provides crucial insights into the interpretation and application of international treaties, customary law, and general principles of law. By studying these cases, you can understand how international law is applied in practice, the evolving nature of legal norms, and the impact of judicial decisions on state behavior.
Analysing International Disputes: Case law can shed light on how international disputes are resolved through legal mechanisms. By examining the arguments, evidence, and decisions in these cases, you can gain a deeper understanding of the legal principles and norms that govern international relations, the role of courts and tribunals in resolving conflicts, and the implications of these decisions for global governance.
Informing Policy and Advocacy: For those interested in careers in diplomacy, international organisations, or advocacy, understanding case law is essential for developing effective policy positions and advocacy strategies. It provides insights into the legal arguments and precedents that can be used to support or challenge specific policy proposals, as well as the potential legal implications of different courses of action.
Research and Analysis: Case law is a valuable resource for research and analysis in global affairs and international relations. By examining relevant cases, you can investigate specific issues (e.g., human rights violations, territorial disputes, trade conflicts), understand the evolution of international law, and assess the effectiveness of legal mechanisms in addressing global challenges.
By understanding the significance of case law and learning how to access and analyse relevant cases, you'll be well-equipped to navigate the complex landscape of international relations and global affairs. This knowledge will not only enhance your academic studies but also prepare you for a wide range of careers in international law, diplomacy, policy analysis, and advocacy.
Law reports are published collections of judicial decisions from courts and tribunals. In the context of international relations and politics, law reports from international courts and tribunals are particularly relevant. These reports typically include:
The Library provides access to case law via several dedicated legal database, including Westlaw, Lexis and HeinOnline. There are also a range of printed law report volumes available in the Law collection. Some titles of relevance to your studies are:
While every legal case contributes to the development of law, not every decision is published in official law reports. This holds true even in the realm of international law.
Reported Cases: These are decisions from international courts and tribunals (e.g., the International Court of Justice, the European Court of Human Rights) deemed significant enough for publication in official law reports. They typically involve novel legal issues, clarify existing international laws, or establish important precedents.
Unreported Cases: These are decisions that are not published in official law reports. While they may be accessible online or through legal databases, they generally hold less persuasive authority than reported cases.
Why Some Cases Are Reported:
Why Some Cases Are Not Reported:
Researching Unreported Cases:
Unreported cases can still be valuable sources of legal information, especially when they deal with similar facts or legal issues to your research. Here's how to find them:
Remember: While unreported cases can be helpful, they generally carry less persuasive authority than reported cases. When using an unreported case, it's important to consider its relevance, the strength of its reasoning, and the specific context of the international court or tribunal that issued the decision.
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* One of your Law Librarian's favourite examples of this is the 1985 case of MacDonald v. Cardle, involving a clown and some rather see-through tights, and the Editorial comment, "This case is reported because the Editor could not resist the temptation".
While international courts and tribunals are crucial for understanding international law, UK case law can also be invaluable for students researching topics in international relations, politics, and global affairs. This is because UK courts often interpret and apply international law principles in domestic cases, providing insights into how international law interacts with national law and policy.
Here are some key resources for finding relevant UK case law with an international focus:
Online Databases:
Westlaw: This comprehensive legal database offers extensive coverage of UK case law, including cases that involve international law issues such as human rights, extradition, international trade, and jurisdiction. It also provides access to international treaties and conventions relevant to UK law.
Lexis: Similar to Westlaw, LexisLibrary provides access to a wide range of UK case law, including those with international dimensions. It also includes legal commentary and analysis that can help you understand the context and implications of specific cases.
Official Government Websites:
The National Archives: The UK's official archive contains a wealth of historical and contemporary legal documents, including treaties, statutes, and some court judgements.
UK Parliament Website: The Parliament website provides access to parliamentary debates, committee reports, and other documents that may discuss or reference relevant case law.
Free Online Resources:
Library Resources:
Library Search: Search using keywords related to your research topic or the specific case you are looking for. You might find books, articles, or other resources that discuss or cite relevant UK case law.
Ask a Librarian: Your academic librarian can assist you in navigating the library's resources and finding relevant case law databases or publications.
Tips for Finding Relevant Case Law:
How to Find International Case Law
Accessing and understanding case law from international courts and tribunals is essential for research in international relations and politics. Here are some key resources for finding relevant cases:
Online Databases:
Official Websites of International Courts and Tribunals:
Library Resources:
Other Resources: