advanced legal research - refugee law legal research skills adviser august 2013 office of teaching...
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Advanced Legal Research - Refugee LawLegal Research Skills Adviser
August 2013
Office of Teaching & Learning
Melbourne Law School
Where do I start?
Secondary sources!!!!!!!!
CatalogueUse the keywords to obtain an
understanding of the books in the area
Secondary sources
Text books – they are critical to obtain an understanding of the area of law
Secondary sources
Find articles, periodical and journals in area of law
Australia AGISText booksAustlii
Relevant journals – all in research guide
Refugee Survey Quarterly - a multidisciplinary peer-reviewed journal.
Refugees Magazine - published by the UNHCR: the UN Refugee Agency.
International Journal of Refugee Law - a quarterly publication on refugee law from Oxford University Press.
Journal of Immigrant and Refugee Studies - a multidisciplinary quarterly journal.
Journal of Refugee Studies - a multidisciplinary quarterly journal from Oxford University Press.
European Journal of Migration and Law - a quarterly journal of migration and law.
Australian overview
Halsburys – LexisNexisAu ( search commentary headings)
Laws of Australia - WestlawAu
International law resources
Max Planck Encyclopedia of International Law The updated online edition of the reference work,
Encyclopedia of Public International Law.
International law resources
The Hague Academy Collected Courses Online The Collected Courses Online is an encyclopedic collection on international law - it covers more than 330 volumes, containing over 1200 lectures given by prominent legal specialists over a period of 85 years
Secondary sources
InternationalFull text databases, Lexis , Westlaw and
HeinOnline Indexes with some full text, LegalTrac
Obtain understanding of the local jurisdiction
Foreign Law Guide Selected primary and secondary sources of law for over 170 countries,
including short explanations of their legal systems. Browse by country or search using keywords.
Cases - Australian
Australian Year Book of International Law (annual summaries of refugee law cases in the HCA involving international issues (Hein Online up to 2007)
Use: CaseBase, Firstpoint, LawCite and AustliiRemember you need to find
The authorised versionThe cases it referred toThe cases that have subsequently referred to it
Legislation
TimeBaseFor example
Commonwealth Migration Act 1958, s 36
Migration Regulations 1994 (Cth)For more detail go to Capital
Monitor
UN Documents
UN websites
Hein Online UN documents and links to commentary Eg. 26 UNTS 299
Finding refugee cases
Refugee Case Lawhttp://www.refugeecaselaw.org/National
Sites.aspx
Eg. False travel documents
Finding international cases
InternationalLexisWestlawLawCite (found through Austlii)Justis - UK
Canada
LegislationEg. Immigration and Refugee Protection Act, Lexis- Consolidated Statutes of Canada
Cases Immigration Law Reporter (Westlaw - Directory) - contains the full text of
leading decisions of the Immigration Appeal Board since 1986
Canadian Immigration Case Law (Westlaw) Canadian federal and provincial court decisions relating to immigration, citizenship, and the status of aliens The earliest reported case is from 1840.
Secondary Westlaw – Canadian encyclopedic digest – Vol 15, Title 75 Immigration and
refugees – includes a table of statutes and regulations
Index to Canadian Legal Literature - Westlaw
Canada
http://www.irb-cisr.gc.ca (Immigration Review Board)Some decisionsPolicyProcess
United Kingdom
LegislationEg. Immigration and Asylum Act 1999 (UK)
Justis; Lexis; Westlaw
Cases Westlaw case locator BAILII – Immigration and Asylum case law
Secondary Westlaw – Legal Journal Index
United Kingdom
http://www.justice.gov.uk/tribunals/immigration-asylum (The Asylum Immigration Tribunal)CasesStatistics forms and legislationprocess
USA International comparative law
Restatement of Foreign Relations Law of the United States, Third; - the black letter law and then comments and reporters notes. The reporters notes are only opinion (Westlaw)
Cf. refugee vs aliens
USA
http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html (Board of Immigration Appeals)
http://www.usdoj.gov/eoir Can use DOJ search engine
Indonesia
HukumOnline - Website featuring news and articles about law in Indonesia
Law reform, policy etc
Check Law Reform Commission websites and LawCite (Austlii)
Capital MonitorNews
International law tools
http://untreaty.un.org – good place to start to see if a treaty on a subject or involving a state exists
http://www.eisil.org – created by the American law Society of International Law. It is an open database of authenticated international law materials
http://catalogue.ppl.nl/
http://untreaty.un.org
The United Nations Treaty Series (U.N.T.S) has more than 150,000 international agreements and related documents – use quick linksType in refugee
Status of Multilateral Treaties Deposited with the Secretary-General (need to use to check status of a treaty – only 522 available)
References
Next some useful sites are provided to assist in gathering material.
Eisil
EISIL has been designed as an open database of authenticated primary and other materials across the breadth of international law (www.eisil.org)
Good place to startRefugees, Asylum, Nationality, Displaced, &
Freedom of Movement Refugee Case Law Site
Peace Palace Library
The Peace Palace Library has been collecting books and materials in the field of international law since 1913. A large part of the collection is searchable through our online catalogue (http://catalogue.ppl.nl/)Eg. Refugee and women
Australia
Refugee Review Tribunalhttp://www.mrt-rrt.gov.au/ (decisions via
Austlii)Eg. Women and refugee
- Check CaseBase for Australian cases and subsequent history
References
Lib Guides for Refugee Law and Human Rights
GlobaLex - Researching the Legal Aspects of Asylum Seekers and Refugees in Australia, Canada, and the United Kingdom http://www.nyulawglobal.org/globalex/Legal_aspects_asylum_refugees_Australia_Canada_UK1.htm