Teaching Two Skills at Once: Strengthening Federal Legislative History and Treaty Interpretation Skills in an Advanced Legal Research Course in International Law

Abstract

Law schools today increasingly devote more of their resources to international legal studies, including study abroad program and international legal institutes or center, and international legal issues are often examined in substantive legal subjects, such as contracts, torts, environmental law, and antitrust. As a result, many law schools have developed international legal research curriculums and even require or recommend international legal research as a course. A very difficult topic for students in an advanced legal research course in international law is the use of travaux preparatoires and treaty interpretation as articulated in the Vienna Convention. Because the processes and controversies surrounding statutory interpretation and treaty interpretation are very similar in the United States and abroad, it makes sense to introduce them at the same time in an international legal research course and strengthen students’ understanding of both topics.