[Solution]Other International or regional courts and tribunals

Other International or regional courts and tribunals Use the most conventional system of citation. This will appear in the written or electronic report. English Cases…

Other
International or regional courts and tribunals

Use the
most conventional system of citation. This will appear in the written or
electronic report.

English
Cases

English
cases should be cited first by the name of the cases, signified by the parties
and then followed by the series from which they have come. The most
authoritative reports are “The Law Reports,”
but other series include the All England Law reports (ALL ER) and the Weekly
Law Reports (WLR).

e.g. R
v Bow Street Metropolitan Stipendiary ex parte Pinochet Urgarte (No.2) (House
of Lords), 25 November 1998 [2000] 1 AC 61

Note:
this means that the judgment was given by the House of Lords on November 28
1998 and that the report of its is contained in AC (Appeals Cases) for 2000 in
Volume 1 to be found at page 61.

Other
Domestic Jurisdictions

Please
use the most conventional system of citation for cases and legislation. If the
case or legislation is not in English or if it and you have not read the
original, then cite the sources from which you have taken the translation or
the English rendition.

United
Nations Security Council Resolutions

These
should be cited as UNSC followed the number of the resolution and the year in
which the resolution was adopted in brackets:

e.g.
UNSC resolution 242 (1967).

United
Nations General Assembly Resolutions

These
should be cited as UNGA followed by the resolution number and in brackets the
session of the General Assembly (in Roman numerals)in which the resolution was
adopted followed by the year:

e.g.
UNGA resolution 181(II), 1947.

Cross-References

Once
you given the full citation you need not repeat it but you can then use a cross
referencing system. If you referring  in
sequence to the same source the best form is to use Ibid
– – if the page number changes  the
sources remains the same  then insert the
page number – thus “ibid, 26.” Ibid is the shortened
version of the Latin Ididem meaning “the
same place.”

If the
reference is not sequential then either use of shortened from of the citation.
For example:

If the
full citation is Rosalyn Higgins, Problems and Process: International Law
and How to Use It (Oxford: Clarendon Press, 1994) this could be simplified
to: Higgins, Problems and Process.

Quotations

All
quotations must be clearly marked and cited. Short quotations should
appear in text and be in  double
quotations marks such as

Rosalyn
Higgins usefully reminds us that “law
cannot alone achieve justice” and that we cannot ignore social and political
factors.

When
quoting from an author who is themselves quoting that quotation should be
placed in single quotation marks. The example is below

As
Strawson points out “this position was not inconsistent with
colonialism and as Anghie has observed it provided that ‘the international
law… could embark on the next stage of the colonizing process.’ His was to
prove to be a highly conditional policy”

Long
quotations
over 4 lines of text should be separated from the immediate text by a line, and
then

indented
by 3 points – in word this appears under the Home menu under paragraph. When
complete another line should spate the quotation from the next body of text.
For Example:

The
issue of the use of force in international law remains much in contention and
many of the arguments concern the interpretation of the article 51 of the
United Nations charter. This reads:

Nothing in the
present Charter shall impair the inherent right of individual or collective
self-defence if an armed attack occurs against a Member of the United Nations,
until the Security Council has taken measures necessary to maintain international
peace and security. Measure taken by the members in the exercise of
self-defence shall be immediately reported to the Security Council and shall
not in any way affect the authority and responsibility of the Security Council
under the present Charter to take at any time such action as it deems necessary
in order to maintain or restore international peace security.

As can
seen the paragraph provides that states are able to use force to defend
themselves without first seeking the authority of the Security Council. In
addition we should note as the ICJ did in the Nicaragua case that the right of
self-defence does not derive from the Charter but rather from customary
international which the charter does not “impair.”

Note: the
above example contains a quotation from an instrument, the United Nations
Charter that is clearly identified in the text and this does not need a
footnote. If the quotations were from a book or article then it would need to
be cited through a footnote.

The
Purpose of Quotations

Ensure
that quotations are useful and add to the argument that you are making,
illustrate a point or as in example provide the basis for further analysis.
Quotations should not been taken out context. The exact page number(s) of a
quotation is required. If the quotation is itself a quotation you must make
this clear by stating that the quotation is taken from the book or article
where you read it.

Internet Citations

On the
whole the only internet sites that you can rely on to use are official ones, of
the United Nations, the International Court of Justice or those of government.
In other words they are most useful for primary sources, such as a resolution
of the Security Council a judgment or opinion of the ICJ or the text of law or
the statement of a government. When citing journal accessed via electronic data
bases you should use the system described above for articles. For internet
sites other than that you required the full details. This must include the
title of the document (preceded by the author is there is one) the full
internet address and in brackets the date when you last accessed it.

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