Overview of Treaty Research

Treaties are international agreements negotiated between sovereign powers and constitute one of the major sources of international law. Article 38(1) of the International Court of Justice Statute indicates that international law consists of or has its basis in international conventions (treaties), international custom, and general principles of law.

The term "treaty" usually is used to refer to an international agreement. However, other terms (such as "act", "charter", "concordat", "covenant", "pact", and "protocol") are used to express the same concept. For some treaties, a country is legally bound at the moment the treaty is signed by an authorized party. However, for the vast majority of treaties there is a subsequent step generally called "ratification". It is the act by which a county makes clear its intent to be legally bound by the treaty.

To ratify a treaty in the United States, for example, it must be signed under the authority of the President, then receive a two-thirds vote in the Senate, and then proclaimed law by the President. This process can take years or even decades.

Once in force, treaties are binding upon all parties signatory to it. Article VI of the U.S. Constitution declares treaties to which the U.S. is a party to be the "supreme law of the land".

Sometimes when doing international legal research, one finds that the agreement in question is not a treaty, but rather a "concession" between a State and foreign national. While not valid as a treaty between States, a concession may nonetheless be an important binding international contract.

There are additional special collections of American Indian and tax treaties that are not included in this guide.

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Searching Online

• Treaties and International Agreements Online
  http://www.oceanalaw.com/main_subject_list.asp (Accessible only at UC Hastings)
  This subscription database published by Oceana is accessible through their website; simply select "International Treaties and Agreements Online" from the menu. It is available only from campus; it can be accessed by two users at a time, so occasionally it may not be available when you try to connect. It provides the full-text of over 11,000 bilateral and multilateral treaties signed by the U.S. from 1783 to the present, plus over 1,800 bilateral tax treaties from 185 countries. Search by full-text, country, subject, or treaty name. This database should be your first step in treaty research if the U.S. is a party.
  
• UNTS
  United Nations Treaty Series (Available to Hastings students, faculty, and staff)
  This subscription database has full-text searching of over 40,000 bilateral and multilateral treaties and includes other UNTS databases as well. The texts of treaties and subsequent actions are in their authentic language(s), along with a translation into English and French, as appropriate.
• LEXIS
  - Basic Documents of International Economics
  - CELEX EU Law: Contain treaties establishing the European Communities, treaties amending or supplementing these treaties, and the accession treaties of new member-states. The database coverage is from the founding treaties forward, if in force after July 1979.
  - US Treaties: Includes over 14,000 U.S treaties from 1776 through January 25, 2002, including unratified treaties from January 1981.
  - U.S. Treaties in Force on Lexis contains the text of the current volume of Treaties in Force (published annually by the Department of State) plus direct links to full-text treaties available on Lexis bearing a Bevans or UST citation.
• WESTLAW
  - The EU-TREATIES database contains the treaties concluded between the Member States, which constitute the legal framework of the European Communities. These include the Founding Treaties, Accession Treaties, Supplementary Treaties, and the Maastricht Treaty.
  - The IEL database contains International Economic Law Documents and an article on "Basic Treaty Research".
  - The USTREATIES database includes complete full-text coverage of international and Native American treaties to which the United States is a party from 1778 to present. Coverage of international treaties begins with volume 8 Statutes at Large (1778) through volume 64 (1949) when United States Treaties and Other International Agreements (U.S.T.) became the official publication. Coverage for U.S.T. begins with volume 1 part 1 and continues through volume 35 part IV (TIAS 10978, 1984). Subsequent treaties and other international agreements published in the Treaties and Other International Acts Series (TIAS) from TIAS No. 10979 forward are also included.
• INTERNET
  For a good listing of the treaties available on the Internet, consult the links listed in the Hastings Law Library's Legal Information on the Internet webpage. This page includes a section dealing specifically with treaty research.

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Finding Treaties by Citation

If the U.S. is a party:

• CTIA
  Consolidated Treaties & International Agreements. Current Document Service: United States. 1991- . (KZ235.5 U55, United Nations Plaza-pageable)
  This service published by Oceana includes newly concluded international agreements and treaties within ninety days of release or ratification. The set begins with treaties issued in 1990. These treaties and agreements are so current that TIAS numbers have not yet been assigned. Each volume includes a country index, list of multilateral agreements, topic index, and list of treaties cited in subsequent treaties.
• TIAS
  Treaties and Other International Acts Series. 1946- .(KZ235.32 U5, United Nations Plaza-pageable)
  These pamphlets, issued by the U.S. Department of State, are the official version of all new international treaties and agreements. The starting number for the series is 1501. Dates of signature, ratification, implementation, and official language are included. The pamphlets are later cumulated in bound volumes in the set entitled United States Treaties and Other International Agreements. Please see Bevans and the Statutes at Large listed below for texts of early treaties. TIAS is also available on WESTLAW (database: USTREATIES).
• UST
  United States Treaties and Other International Agreements. 1950- . (KZ235.3 U55, United Nations Plaza-pageable)
  This annual compilation of Treaties and Other International Acts Series (TIAS) has been the official publication for treaties and other international agreements to which the U.S. is a party since 1950. The arrangement is numerical by TIAS numbers. Each volume has country and subject indexes. The treaties are in English and any other official languages. This is not a good place to look for recent treaties, because it takes many years for the treaties to be published in this set. UST is also available on WESTLAW (database: USTREATIES).
• STAT
  United States Statutes at Large. 1789- (KF50, First Floor Library Stacks)
  This set is the official publication source for U.S. treaties from 1778 to 1950. For the years 1778 - 1845, all treaties are found in volumes 7 and 8. After 1845, treaties are included in parts 2 or 3. Volume 64, Part 3, pages B1107- B1182, contains a cumulative list of all treaties and international agreements contained in volumes 1-64. The list is arranged alphabetically by country and then by topic. Since 1951, the official versions of new treaties and international agreements have been published separately in TIAS.
• Bevans
  Treaties and Other International Agreements of the United States of America 1776 - 1949. (KZ236 U552 B32, United Nations Plaza-pageable))
  This compilation covers the time period before the official set, United States Treaties and Other International Agreements. The set contains only the English text of treaties with some commentary. Volume 3 contains the index. Bevans supersedes Miller and Malloy.
• Miller
  Treaties and Other International Acts of the United States of America. (KZ236 U55 M45, United Nations Plaza-pageable))
  This compilation is arranged chronologically and contains both the English and official language of each treaty. The set covers the years 1776 - 1863.
• Malloy
  Treaties, Conventions, International Acts, Protocols, and Agreements Between the United States of America and Other Powers. 1910-1938. (KZ236 U551 M34, United Nations Plaza-pageable))
  Texts of treaties and agreements in English are provided in this compilation. Volume 4 contains a list of treaties by date and provides citations to the Statutes at Large. The set is named after Malloy; however, volume 3 was compiled by Redmond and volume 4 by Trenwith.
• For Rel
  Foreign Relations of the United States. (KZ233 U55, United Nations Plaza-pageable and Micrographics-pageable)
  These official records of U.S. foreign policy contains reprints of papers of major policy issues. A discussion of the Foreign Relations Series and a list of the volumes available online is available at http://www.state.gov/www/about_state/history/frus.html

If the U.S. may not be a party:

• CTS
  Consolidated Treaty Series. (KZ120 P35, United Nations Plaza-pageable)
  This series includes the texts of world treaties in their original languages in addition to any existing translations in English or French. It covers 1648-1919 and contains a party index and chronological lists.
• ETS
  European Conventions and Agreements. (KJE123 A3 E8, United Nations Plaza-pageable)
  This set is a collection of international treaties concluded within the Council of Europe. The volumes cover treaties from the "European Treaty Series".
• ETS
  European Treaty Series. (KJE123 A3 E81, United Nations Plaza-pageable)
  The text of each treaty is published in separate booklets. In 2003 this became the Council of Europe Treaty Series; on the internet at http://conventions.coe.int.
• LNTS
  Treaty Series; Publications of Treaties and International Engagements Registered with the Secretariat of the League of Nations. (KZ170.5 T74, United Nations Plaza-pageable) [Alternate title is League of Nations Treaty Series.]
  This series contains treaties and international engagements entered into by any member of the League of Nations from 1920-1946. Translation of the original texts into English and French are printed. General indexes cover volumes 1 through 205.
• UNTS
  United Nations Treaty Series. (KZ172 T74, United Nations Plaza-pageable)
  This series contains every treaty and international agreement entered into by any member of the UN after the Charter came into force (Oct. 24, 1945). Treaties are published in their original language or languages with a translation in English and French. Indexes cover volumes 1 through 1650. [You can also search UNTS online (available to Hastings students, faculty and staff).]
• ILM
  International Legal Materials. 1962-current. (KZ64 I58 - Recent: First Floor Library Stacks; Older: United Nations Plaza-pageable)
  This bi-monthly publication provides the texts of selected current treaties. ILM is available on WESTLAW from 1980 (database: ILM) and LEXIS (INTLAW;ILM).
• UKTS or TS
  United Kingdom Treaty Series. (JX636 A58 1892, Micrographics-pageable)
  This set covers United Kingdom treaties from 1892 - 1985. Reel number 31 contains a general index.
• BFSP or BSP
  British and Foreign State Papers. (JX103 A2 Micrographics-pageable)
  Published by Great Britain's Foreign Office, this set includes diplomatic correspondence and treaties from 1812 through 1934.

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Indexes By Subject, Country, or Date

If the U.S. is a party:

• Kavass, Igor. United States Treaty Index: 1776-2000 Consolidation. (KZ235 U54, United Nations Plaza-pageable)
  This set comprehensively indexes all treaties and agreements entered into by the U. S. from 1776 through 2000. The set contains a numerically arranged master guide, a chronological index, country index and subject index.
• Kavass & Sprudzs. Current Treaty Index. (KZ235 U54 C87, United Nations Plaza-pageable)
  Each annual volume provides indexing by number, year, country and subject to US Slip treaties and agreements. Beginning with the 1990-1991 edition, the annual volumes will include unpublished and unnumbered treaties. These volumes supplement the United States Treaty Index 1776 - 2000 Consolidation. The Library has supplements through the current year.
• Kavass & Sprudzs. A Guide to the United States Treaties in Force. (KZ235 T742 - Recent: First Floor Library Stacks)
  Part I provides numerical lists and a subject index for bilateral and multilateral agreements. Part II provides indexing by country and international organizations.
• Treaties in Force. (KZ235 T74 - Recent: First Floor Library Stacks; Older: United Nations Plaza-pageable)
  This publication by the Department of State lists bilateral treaties and agreements listed by country, with subject headings under each entry in Part 1. Part 2 lists multilateral treaties arranged by subject with listings of parties to the agreement. It is also available online.

If the U.S. may not be a party:

• Bowman & Harris. Multilateral Treaties: Index and Current Status. (KZ118 B68 - Reference Collection and United Nations Plaza-pageable)
  This publication contains a chronological list of current treaties, list of other multilateral treaties, a subject index, and a word index. Full references to sources of the text are provided.
• Harvard Law School Library. Index to Multilateral Treaties. (KZ118 H35, United Nations Plaza-pageable)
  This set provides a chronological listing of international treaties to which three or more countries were parties from 1596 to 1963. Subject and regional indexing is also provided. This index is an important source for references to draft treaties whether or not they have been signed.
• Parry & Hopkins. Index of British Treaties 1101 to 1988. (KZ635 P31, United Nations Plaza-pageable)
  Volume 1 contains an index of multilateral treaties by subject, and an index of bilateral treaties by country and subject. Volume 2 contains a chronological list of treaties from 1101 through 1925, volume 3 contains the years 1926 through 1968, and volume 4 contains treaties from 1969 through 1988.
• World Treaty Index. 2nd Edition. (KZ173 R63 1983, United Nations Plaza-pageable)
  Volumes 2 and 3 list treaties in chronological order and provide all the information the index has on that treaty. The index covers the years 1900 through 1980. Volume 4 is a party index and volume 5 is a keyword index.
• Grosek. The Secret Treaties of History. (KZ118 G76 2004, United Nations Plaza-pageable)
  The Secret Treaties of History is the first general index for locating the texts of agreements that nations entered into secretly. It lists and explains 593 secret treaties made from 1521 to 2000 among 110 nations and political entities. Each secret treaty entry in the book includes citations to sources for that treaty's text or at least credible information about it.

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Finding Treaties by Popular Name

If the U.S. is a party:

• Shepard's Acts and Cases by Popular Name. (KF80 S5 1986 Reference Collection or First Floor Library Stacks)
  Several important treaties are listed in this source by treaty name.
• Malloy. Treaties, Conventions, International Acts, Protocols and Agreements Between the United States of America and Other Powers. 1910-1938. (KZ236 U551 M34, United Nations Plaza-pageable)
  Some early treaties are listed by name in the alphabetical index located in volume 4.

If the U.S. may not be a party:

• Bowman and Harris. Multilateral Treaties: Index and Current Status. (KZ118 B68, United Nations Plaza-pageable)
  Treaty names may be found in the word index.
• World Treaty Index. 2nd Edition. (KZ173 R63 1983, United Nations Plaza-pageable)
  The title of a treaty can be found under each significant work of the treaty name in volume 5, Keyword Index.

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What is the Status of the Treaty?

If the U.S. is a party:

• Treaties in Force. (KZ235 T74 - Recent: First Floor Library Stacks; Older: United Nations Plaza-pageable)
  This publication by the Department of State lists all U.S. treaties and international agreements in force as of the beginning of each year. This document is also available on the Internet at http://www.state.gov/s/l/38294.htm.
• Legislative Calendar. Foreign Relations Committee, United States Senate. (JK1240 F6 A34, United Nations Plaza-pageable) [Ask at the Reference Desk for the most recent published Calendar]
  A section on treaties provides information on Senate action on treaties. The calendar is useful for legislative history of treaties.
• CCH Congressional Index. (KF49 C6 First Floor Library Stacks)
  The treaty section is useful for finding recent developments regarding the status of treaties not yet approved.
• Unperfected Treaties of the United States of America 1776-1976. (KZ236 U57, United Nations Plaza-pageable)
  These nine volumes include the texts and annotations of treaties which have not entered into force. This is an important set because it often takes years or even decades for a treaty to be ratified, and these treaties can otherwise be difficult to find.
• Assistant Legal Adviser for Treaty Affairs.
  U.S. Dept. of State, Room 5420, 2201 C St. N.W., Washington, D.C. 20520 (202) 647-2044; fax (202) 736-7541.
• Committee on Foreign Relations.
  U.S. Senate, Room 419, Dirksen Senate Office Building (202) 224-3953 or (202) 224-4651.

If the U.S. may not be a party:

• International Legal Materials. 1962-current. (KZ64 I58 - Recent: First Floor Library Stacks; Older: United Nations Plaza-pageable)
  This bi-monthly publication provides the texts of selected current treaties and contains a special section with information on recent actions on treaties. ILM is available on WESTLAW from 1980 (database: ILM) and LEXIS (INTLAW;ILM).
• Multilateral Treaties Deposited with the Secretary General. (KZ171 M861, United Nations Plaza-pageable)
  This publication gives the status, including reservations, of multilateral treaties deposited with the UN. This is updated by the U.N. Treaty Database.
• The Council of Europe Treaty Office maintains a complete list of the Council of Europe's treaties at http://conventions.coe.int/treaty/Commun/ListeTraites.asp?CM=8&CL=ENG.
• Bowman and Harris. Multilateral Treaties: Index and Current Status. (KZ118 B68, United Nations Plaza-pageable)
  Part B of the cumulative supplement gives status information.
• United Nations Treaties Section.
  Room 3200, United Nations Secretariat, New York, NY 10017
  
  • (212)963-7958 if UN Secretariat General acts as depository.
  • (212)963-2523 if UN Secretariat General is not depository.

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Senate Treaty Document or Executive Report

• Serial Set. (Microfiche-pageable)
  The Serial Set contains treaty documents which provide the text of the treaty as transmitted from the executive branch. Beginning with the 97th Congress (1981) treaties have been issued in the Treaty Document Series, for example 97-15 was the fifteenth treaty transmitted in the 97th Congress. Prior to the 97th Congress, treaties were issued in the Senate Executive Document Series and organized by Congress and session numbers with an alphabetical designation. If you do not have the appropriate Serial Set volume number, use the CIS index to obtain more information.
• CIS/Index and Microfiche Collection. 1970- . (Micrographics-pageable)
  Senate Executive Reports and Treaty Documents are indexed in the CIS indexes. The bibliographic information can be used to find the documents in the Serial Set or in conjunction with the CIS microfiche collection.
• CIS Index To US Senate Executive Documents and Reports. 1817-1969. (Micrographics-pageable)
  This index and microfiche collection covers the 15th Congress (1818) through the 91st Congress, 1st Session (1969). In the index look under the formal treaty name, or specific treaty subject terms such as consular treaties. This is also accessible from campus using the LexisNexis Congressional database.

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International Concessions and Other Information

• A Collection of International Concessions and Related Instruments. (K3836.A35 C642 & K3836.AA35 C643, United Nations Plaza-pageable)
  The historical series is thirteen volumes and covers the years 595 through 1529. The contemporary series is seven volumes and covers 1975 through 1978.
• Restatement of the Law, the Foreign Relations of the United States. (KF4651 A5 1987 First Floor Library Stacks)
  Volume 1, Part III covers international agreements.
• U.S. Congress. Senate. Committee on Foreign Relations. Treaties and Other International Agreements: The Role of the United States Senate. (KF4989 A25 2001, United Nations Plaza-pageable)
  This publication is an excellent reference manual. It explains the steps in the process of making a treaty from initiation to modification or termination.
• Zwirn, Jerrold. Congressional Publications: A Research Guide to Legislation, Budgets, and Treaties. (JK1067 Z85, United Nations Plaza-pageable)
  This book discusses treaty publications by reviewing how they are generated in the treaty-making process.

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