U.S. legal researchers, accustomed to working in a common law system, routinely seek judicial decisions bearing on issues relevant to their matters, and rely on citators in commercial platforms to determine how a case on which they might rely has been treated by subsequent courts (or the legislature). They are likewise comfortable working in a judicial system established by federal, state, and local law, which enjoys power to enforce its decisions, and which typically relies on prior precedent in deciding present cases per the doctrine of stare decisis.
In considering how international courts differ from U.S. courts (or the domestic courts of other nations), and how this might impact one's research strategy, bear the following points in mind:
International courts may hear disputes between states, or between states and private parties, and often handle only particular types of disputes (ex. human rights, trade, certain crimes). Arbitral bodies also increasingly handle disputes that arise between states, or between states and private parties, particular in the realm of investment disputes.
Finding International Court Documents
Unlike case materials from domestic courts, which are oftentimes only available in commercial databases or publications, materials from international courts and tribunals are typically quite accessible.
Using Court Websites: Most international courts publish their decisions on the web, and if searching for content surrounding a particular known matter, the court's own website if often the best resource.
Commercial Databases: Some commercial legal research databases offer coverage of international courts, whether providing primary source documents, or coverage in secondary sources.
This guide provides links to both free and commercial sources of documents produced by several major international courts.
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