International law forms an essential part of the legal landscape, particularly in areas such as trade, human rights, environmental protection and conflict resolution. It plays a role in shaping domestic legislation, guiding diplomatic relations, and influencing court decisions within Australia.
Learn about key international legal resources and where to locate them for your research. Whether you're looking at treaties, international court decisions, or the work of major organisations like the United Nations or the International Criminal Court, you'll find reliable sources and understand how to approach international legal research from an Australian perspective.
What is international law?
International law governs the relationships between nations and international entities. It includes:
- Public international law – governs relations between states, international organisations, and individuals e.g. treaties, conventions, UN resolutions.
- Private international law – (also known as conflict of laws) deals with cross-border issues in private disputes e.g. jurisdiction, applicable law in international contracts or family law matters.
In Australia, international law can influence domestic legislation and judicial decisions, but it must be enacted through local legislation to have legal force domestically.
International law sources
International legal materials can be grouped into several key types. These sources form the foundation of international law and include binding agreements between states, decisions from international courts and tribunals, and commentary that helps interpret and apply the law.
- International courts and tribunals – International courts and tribunals resolve legal disputes between states, or between individuals and states, under international law. These bodies interpret treaties, apply customary international law, and issue binding or persuasive decisions.
- International case law – decisions made by international courts and tribunals. While international law does not follow a strict doctrine of precedent like Australian common law, past decisions can be highly influential.
- Treaties – formal agreements between states that are governed by international law. They represent one of the most important sources of international legal obligations. Treaties can cover a broad range of topics including human rights, trade, the environment, and conflict resolution.
- Secondary sources and commentary – sources that help interpret, understand and apply international law.
Treaty:
An agreement involving two or more states that is written in accordance with, and governed by, international law.
- Bilateral treaties involve two states.
- Multilateral treaties involve three or more states.
- A party to a treaty is a state that has agreed to be legally bound by its terms.
Where to find international law sources
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International Court of Justice (The principal judicial body of the United Nations)The Court settles, in accordance with international law, legal disputes submitted to it by States and gives advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies. Provides all judgments and opinions since 1946.
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Permanent Court of ArbitrationOperating since 1902, the court aims to provide a forum for the resolution of international disputes through arbitration and other peaceful means.
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European Court of Human RightsThe ECHR provides access to the case law of the Court, advisory opinions and legal summaries. Judgments cover violations of the European Convention on Human Rights.
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International Criminal Court (ICC)The ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community. Includes information about the court, founding documents, full text access to cases, activity reports, media releases and a "Legal Texts and Tools" guide.
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International Tribunal for the Law of the SeaThis judicial body adjudicates disputes related to the interpretation and application of the Convention. Established by the 1982 United Nations Convention on the Law of the Sea.
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WorldLII International Courts and Tribunals collectionExtensive links to court and tribunals which regularly consider matters of international and regional law.
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European Union Cases via Westlaw InternationalClick European Union under Jurisdictions for access to EU cases, legislation and treaties. Collection includes full-text decisions of the Court of Justice of the European Communities from 1954.
Also includes European Union legislation, treatises, acts, secondary materials and more. -
Foreign & International Law Resources via HeinOnlineOnlineSee ‘Browse Databases by Name’ to access this collection. Includes International Tribunals/Judicial Decisions, reports and cases of the Court of Justice of the European Communities, U.S. Law Digests and notable international yearbooks.
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vLex Justis This link opens in a new windowCase citator for the United Kingdom, Ireland and European Union from 1163 onwards, and select case law from commonwealth countries. Use it to search for cases by keywords, citation, case name, court, judge, legislation title, or words of phrases have been judicially considered. The precedent map provides a visual representation of the treatment of cited and citing cases.
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HeinOnline This link opens in a new windowInternational treaties available in the U.S. International trade database the U.S. Treaties and agreements library. The U.S. Treaties agreement library includes all U.S. treaties, including unpublished treaties. It encompasses notable collections, such as the United States Treaties and other international agreements set (also known as the "Blue set").
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Oxford historical treatiesFull-text historical treaties from 1648 – 1919 available from the regions of Africa, the Americas, Asia, Europe and Oceania. Includes multilateral and bilateral treaties.
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United Nations Treaty collectionFull-text treaties from the UN Treaty series, the League of Nations Treaty series and many more. Includes multilateral and bilateral treaties. Also includes details about depository actions of the Secretary-General in relation to more than 560 multilateral treaties.
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Jurisprudence - Office of the United Nations High Commissioner for Human RightsProvides access to jurisprudence emanating from the United Nations treaty bodies which receive and consider complaints from individuals:
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WorldLII International Courts and Tribunals collectionExtensive links to court and tribunals which regularly consider matters of international and regional law.
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Parry & Grant encyclopaedic dictionary of international lawSearch this classic volume for legal terms used in international law; significant doctrines; prominent cases, decisions and arbitration; important incidents; important judicial figures; treaties and conventions.
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Max Planck encyclopedias of international law (MPEIL)Combines the Encyclopedias of international aw, Encyclopedia of public international law and the Encyclopedia of international procedural law. Includes entries on important legal problems and institutions, and on major international court and tribunal decisions.
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The Oxford handbook of the theory of international lawExplores key questions and debates in international legal theory, providing interpretations of significant historical figures, texts, and theoretical approaches.
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History of international law via HeinOnlineSelect the collection under Browse Databases by Name.
Examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law. -
Oxford scholarly authorities on international lawContains over 180 full-text reference works and treatises published by Oxford University Press, including Oppenheim, and the Oxford commentaries on international law.
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