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Global Affairs, International Relations and Politics

Cases

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:

  • Case Name and Citation: A unique identifier for the case, essential for referencing and retrieving the decision.
  • Court and Date: The specific international court or tribunal (e.g., International Court of Justice, European Court of Human Rights) that heard the case and the date of the decision, providing context for the legal and political landscape at the time.
  • Headnote: A summary of the key legal issues, facts, and principles involved in the case, allowing you to quickly assess its relevance to your research.
  • The Judgement: The full text of the court's or tribunal's decision, including the reasoning behind the decision, the legal principles applied, and the interpretation of relevant international laws and treaties.

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:

  • All England Law Reports (All ER) (1558-)
  • Annual Digest and Reports of Public International Law Cases (1919-49)
  • European Court Reports (ECR) (consists of Reports of cases before the Courts of Justice and the Court of first Instance, Part 1: Court of Justice, Part 2: Court of First Instance and European Court Reports: Reports of European community staff cases) (1954-2002; 2010-)
  • European Human Rights Reports (EHRR) (1993-2005)
  • International Court of Justice. Pleadings, oral arguments and documents (ICJ Pleadings) (1947-82)
  • International Court of Justice. Reports of Judgments, Advisory Opinions and Orders (ICJ Reports) (1948-)
  • International Human Rights Reports (IHHR) (1994-)
  • International Law Reports (1950-)
  • Law Times Reports (1875-1921)
  • World Court Reports (1922-42)

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:

  • Establishing Precedent: Cases that introduce new legal principles, clarify existing international laws, or significantly change the interpretation of international law are often reported. These decisions have a broader impact and serve as guiding authority for future cases.
  • Public Interest: Cases involving significant international disputes, human rights violations, or high-profile states or organisations are often reported to inform the public and maintain transparency in the international legal system.
  • Novelty or Complexity: Cases that involve novel or complex legal issues in international law, such as emerging areas like cyber warfare or climate change-related disputes, may be reported to provide guidance to legal professionals, policymakers, and judges in future similar cases.

Why Some Cases Are Not Reported:

  • Routine or Repetitive: Many cases involve routine application of established international legal principles and do not offer new insights or contribute significantly to the development of international law.
  • Factual Variations: Cases that turn on their unique facts or circumstances may not be considered sufficiently relevant to wider legal principles to warrant publication.
  • Limited Resources: Law reporting requires resources and editorial discretion*. Not all cases can be reported due to limitations in time, resources, and the prioritisation of cases with broader significance.

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:

  • Case Citations: Unreported cases are usually cited with a neutral citation, which includes the year, court, and case number (e.g., ICJ, 2023, Case No. XX/YY). You can use this citation to search for the case in legal databases like Westlaw, LexisNexis, or HeinOnline.
  • Court Websites: Some international courts and tribunals publish unreported judgements on their websites. Check the website of the relevant court or tribunal to see if the case you are looking for is available.
  • Legal Databases: Legal databases often contain a wider range of cases than traditional law reports, including unreported cases. You can search these databases using keywords, case names, or neutral citations.

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".

How To Find Case Law

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:

  • BAILII (British and Irish Legal Information Institute): This free resource provides access to a wide range of UK legal materials, including judgements from various courts. You can search for cases by keyword, party name, or citation.

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:

  • Start with your research question: Clearly define the specific legal issue or topic you are interested in. This will help you narrow down your search and identify the most relevant cases.
  • Use keywords and Boolean operators: Combine keywords related to your topic with Boolean operators (AND, OR, NOT) to refine your search. For example, you could search for "human rights" AND "extradition" AND "UK" to find cases dealing with human rights issues in extradition cases in the UK.
  • Consult secondary sources: Legal textbooks, academic articles, and legal commentaries can often point you towards relevant case law.
  • Check the case's status: Make sure the case you find is still 'good law' and hasn't been overruled or reversed by a higher court.

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:

  • Westlaw and LexisNexis: These major legal databases offer extensive coverage of international case law, including decisions from the International Court of Justice (ICJ), the European Court of Human Rights (ECHR), and other international and regional courts and tribunals. They also provide access to international treaties, conventions, and other legal documents relevant to international relations and politics.
  • HeinOnline's Law Journal Library: This comprehensive database provides access to a vast collection of international law materials, particularly American and Canadian, as well as academic articles and commentaries on international law.
  • International Court of Justice (ICJ) Website: The official website of the ICJ provides access to the full text of its judgments, advisory opinions, and other documents, offering a primary source for researching international law cases.

Official Websites of International Courts and Tribunals:

  • European Court of Human Rights (ECHR): The ECHR website provides access to its judgements, decisions, and other documents, making it a valuable resource for researching human rights law and its application in Europe.
  • Permanent Court of Arbitration (PCA): The PCA website offers information on its cases, arbitral awards, and other publications, providing insights into international arbitration and dispute resolution.
  • World Trade Organization (WTO) Dispute Settlement Body: The WTO website provides access to the decisions and reports of its Dispute Settlement Body, which resolves trade disputes between member states.

Library Resources:

  • Library Search: Search your university library's catalog 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 international law cases.
  • Ask a Librarian: Your academic librarian can assist you in navigating the library's resources and finding relevant case law databases or publications.

Other Resources:

  • UN Audiovisual Library of International Law (AVL): This online platform provides access to videos of lectures, presentations, and interviews with international law experts, as well as case summaries and other educational resources.
  • WorldLII (World Legal Information Institute): This free resource provides access to legal materials from countries around the world, including the decisions of some international courts and tribunals.
  • CommonLII (Commonwealth Legal Information Institute): This free resource focuses on legal materials from Commonwealth countries, including the decisions of some regional and national courts that deal with international law issues.