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EiPro Additional Style Instructions for Authors | February 2017 1 Additional Style Instructions for the Max Planck Encyclopedia of International Procedural Law Published under the Auspices of the Max Planck Institute Luxembourg for Procedural Law under the Direction of Professor Hélène Ruiz Fabri Table of Contents I. General Style (Text and Bibliography) 1. Abbreviations 2. Authors’ names 3. Capitalization, general 4. Capitalization in titles 5. Capitalization of proper nouns and their abbreviations 6. Cross-references to other articles 7. Currencies 8. Dates 9. Emphasis 10. Foreign legal terms 11. Gender-specific pronouns for ships and countries 12. Hyphens and Dashes 13. Italics 14. Judges 15. Measurements, units of 16. Meridians 17. Non-English/non-Roman alphabets 18. Non-English- language articles, books and documents 19. Numbers 20. Parentheses and brackets 21. Parenthetical remarks 22. Quotation marks 23. Spelling: Words with more than one British English spelling 24. Time II. Citations, quotations, references: General 25. Citation, position 26. Citation of documents within the text 27. Exceptional documents that need not be included in the Bibliography 28. Citation of journals, yearbooks, and other periodicals: Abbreviation of their titles 29. Citation of sub-sections (articles, paragraphs, etc) of statutes, treaties, and other legal materials 30. Citation of treaties: Differentiation of treaties with same title 31. Pinpoint references, general 32. Quotations, general 33. Quotations in foreign languages, translation into English

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EiPro Additional Style Instructions for Authors | February 2017

1

Additional Style Instructions for the

Max Planck Encyclopedia of International Procedural Law

Published under the Auspices of the Max Planck Institute Luxembourg for Procedural Law under the Direction of Professor Hélène Ruiz Fabri

Table of Contents I. General Style (Text and Bibliography)

1. Abbreviations 2. Authors’ names 3. Capitalization, general 4. Capitalization in titles 5. Capitalization of proper nouns and their abbreviations 6. Cross-references to other articles 7. Currencies 8. Dates 9. Emphasis 10. Foreign legal terms 11. Gender-specific pronouns for ships and countries 12. Hyphens and Dashes 13. Italics 14. Judges 15. Measurements, units of 16. Meridians 17. Non-English/non-Roman alphabets 18. Non-English- language articles, books and documents 19. Numbers 20. Parentheses and brackets 21. Parenthetical remarks 22. Quotation marks 23. Spelling: Words with more than one British English spelling 24. Time

II. Citations, quotations, references: General

25. Citation, position 26. Citation of documents within the text 27. Exceptional documents that need not be included in the Bibliography 28. Citation of journals, yearbooks, and other periodicals: Abbreviation of their titles 29. Citation of sub-sections (articles, paragraphs, etc) of statutes, treaties, and other legal

materials 30. Citation of treaties: Differentiation of treaties with same title 31. Pinpoint references, general 32. Quotations, general 33. Quotations in foreign languages, translation into English

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III. Citations, quotations, references: Books and articles 34. Citation of articles published in journals and of chapters in edited books: Indication of pages 35. Citation of books and articles within the text 36. Citation of books and articles: Subtitles 37. Citation of books: Books that are edited by UN-bodies 38. Citation of books: Books that are published as part of a series 39. Citation of books: Constitutions of the Countries of the World 40. Citation of books: Law commentaries 41. Citation of books: Multi-volume books 42. Citation of books: Oppenheim 43. Citation of books: Publishing houses 44. Citation of books: Place of publication 45. Citation of books: Revised / edited books 46. Citation of books: Reprinted books 47. Citation of books: Single chapters 48. Citation of books: Translated works

IV. Citations, quotations, references: Case law

49. Citation of cases: African Commission on Human and Peoples’ Rights 50. Citation of cases: Arbitration cases published in RIAA 51. Citation of cases: ECJ/CJEU and CFI/GC 52. Citation of cases: European Commission of Human Rights 53. Citation of cases: ECtHR Decisions 54. Citation of cases: Eritrea-Ethiopia Claims Commission 55. Citation of cases: ICJ cases, case names: ‘v’ and ‘/’ 56. Citation of cases: ICJ Pleadings 57. Citation of cases: ICSID Decisions 58. Citation of cases: ICTY 59. Citation of cases: Identical titles 60. Citation of cases: Inter-American Commission on Human Rights 61. Citation of cases: Inter-American Court of Human Rights 62. Citation of cases: Multiple claimants or defendants; first names 63. Citation of cases: NAFTA 64. Citation of cases: National cases 65. Citation of cases: PCIJ cases 66. Citation of cases: Separate, dissenting, etc opinions 67. Citation of cases: Specification of the type of judicial decision 68. Citation of cases: WTO Panels and Appellate Body

V. Citations, quotations, references: Others

69. Citation of COE Documents 70. Citation of European treaties 71. Citation of national legislation 72. Citation of OSCE documents 73. Citation of WTO Analytical Index

VI. Cited & Further Bibliography

74. Chronological order 75. Indication of page range 76. Honorific titles

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VII. Cited & Further Documents

77. Alphabetical Order 78. Popular names (informal titles) 79. Translations of documents, non-official 80. Websites

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I. General Style (Text and Bibliography)

1. Abbreviations Abbreviations used in the text have to be introduced: At their

first occurrence, they are to be put in parentheses Once an abbreviation is introduced this abbreviation must be

used in the whole text, except in headings. Do not abbreviate the following expressions:

→ Annex or Annexes → Chapter → Part → Title → Series

Examples: The Additional Protocol (‘AP’) was signed by the States Parties on Thursday. The → International Court of Justice (‘ICJ’) held that the AP was invalid. Conversely, the Mediterranean Court (‘Court’) found the AP to be applicable. The Court challenged the ICJ’s ruling.

2. Authors’ names Follow OSCOLA (available here:

https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_2006.pdf and in particular for international law, here:

https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_2006_citing_international_law.pdf

When abbreviating first names, do not drop any hyphens or apostrophes between them.

If the authors’ names have additional components, do not drop, change or shorten them.

Within citations and the select bibliography, reproduce the name exactly as it was in the respective original publication.

Chinese names: Reverse the typical order of Chinese names—which would place the family name before the given name—so that they read like Western names and then apply OSCOLA.

Examples: U Di Fabio J-P Truyol y Serra and A von Bogdandy J Hu (NOT Hu Jintao)

3. Capitalization, general

Capitalize according to OSCOLA. ‘Court’ may be capitalized if it refers to the ICJ. Additionally, always capitalize: Member States (only in international contexts, not when you

refer to member states of a federal State) States Parties (but not when you refer to the parties to a case

or dispute) Power(s) (where you refer to a group of States known as such

during certain periods of history) Examples: The Allied Powers won the war. The original member states of the United States of America were A, B and C.

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4. Capitalization in titles

The OSCOLA rules on capitalization shall be applied to titles of treaties, resolutions, cases etc, even if the original title uses upper or lower case letters

We do not capitalize the following words in titles: → in particular → between → concerning → regarding → relating → relative → pursuant to → with regard to

Non-English titles are NOT capitalized according to English grammar, but according to the rules applying in the respective language.

Examples: J Djoudi La constatation de l̕ acquiescement implicite au jugement… G Cavaretta La prescrizione nel diritto internazionale privato … JV Louis ‘La personnalité juridique internationale de la Communauté et de l’Union européenne’…

5. Capitalization of proper nouns and their abbreviations

English proper nouns are capitalized. Non-English proper nouns are capitalized according to the rules

of the respective language. If a capitalized abbreviation of a proper noun has been

introduced, capitalize this abbreviation throughout the text. Example: At first, the Convention for the Protection of Children (‘Convention’) was controversial. By now, the Convention has been signed almost universally. As opposed to many other conventions, the Convention was even supported by Evilland. Tribunal de grande instance de la Seine (French Ordinary Court of Original Jurisdiction), Paul Clerget v Banque commerciale pour l’Europe du Nord et Banque du commerce extérieur du Vietnam…

6. Cross-references to other articles

Cross-references to other articles in the EiPro or EPIL Encyclopedia are to be formatted thus:

→ ALL cross references to other articles on the Encyclopedia should have an arrow before them.

→ They should exactly match the title of the document being referenced, although capitals may be changed to fit the grammatical structure of the sentence.

→ They should only appear once within an article. → If the adaptation requires the insertion of words or

letters, put them in brackets and use normal Roman fonts.

→ In case of cross-references to several other articles in a row, put an arrow before each cross-reference and separate them with a semi-colon.

→ Do not put cross-references within verbatim

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quotations. Examples: This principle was developed by the International Court of Justice in the → Fisheries case The Security Council picked up this issue in its → UNSC Resolution 1404 of 2002.

7. Currencies Currency symbols should be used whenever accompanied by

numerals and spelled out when simply referring to the monetary currency.

Examples: He paid US$4000. The company claimed €120,000 in damages. The salary of the judges was paid in Dutch florins. The Euro is the currency of the Netherlands.

8. Dates Follow OSCOLA ‘Before Current Era’ is abbreviated ‘BCE’. We use this term rather

than ‘Before Christ’.

9. Emphasis If an author wants to emphasize a word, use italics. Do NOT use bold type or quotation marks. Excessive emphasizing should be reduced to a reasonable level.

10. Foreign legal terms Foreign legal terms should be spelled and italicized as they appear in

OSCOLA (7) and in Oxford English Dictionary (OED).

11. Gender-specific pronouns for ships and countries

Do not use ‘she’ and ‘her’ but rather ‘it’ and ‘its’.

12. Hyphens and Dashes

A hyphen (short) is used to make one word out of the two words separated by the hyphen.

An n-dash (medium) indicates a range of numbers, pages, years etc. It may also carry the sense ‘versus’.

An m-dash (long) can be used to enclose a parenthetical remark. Examples: inner-State, decision-making, Secretary-General.

In the years 1990–1995, there were fewer people in the £25,000–£30,000 salary range (Schmidt 3–5). The Franco–Prussian War … ‘Widespread’ indicates the scale of an attack against a civilian population—not an isolated act but large-scale action directed against multiple victims.

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13. Italics We only italicize the following:

1. titles of monographs; 2. case law (see below); 3. foreign legal terms (for exceptions see OSCOLA); 4. words that the author wants to emphasize.

Examples: *N Schrijver, ‘Sovereignty over Natural Resources: Balancing Rights and Duties’ (CUP Cambridge 1997).* *ICJ, Fisheries Case, United Kingdom v Norway, Dissenting Opinion of Judge McNair, 18 December 1951, ICJ Rep 158.* the Prosecutor acting proprio motu

14. Judges If you want to include the information ‘Justice’, ‘Chief Justice’ etc,

follow this format: Examples: Justice Gray, Chief Justice Fuller

15. Measurements, units of

Use your discretion in order to optimize readability. Eg, if there is a single reference to an area, the indication “square kilometres” should be spelled out. If there is a row of measurements, abbreviations might be more suitable.

If you abbreviate units of measurement, use the standard abbreviations provided under the International System of Units which can be found at: http://www.bipm.org/utils/common/pdf/si_brochure_8_en.pdf.

16. Meridians Express the exact location using degrees (°), minutes (’), and seconds

(”) and indicate whether it is the eastern or western hemisphere (E or W).

Example: XYZ is located between the meridians 13° 50’ E and 15° 10’ E.

17. Non-English/non-Roman alphabets

Roman letters of non-English alphabets which do not exist in the English alphabet should be kept (ä, č, ë, ł, ñ, ö, ß, ž, etc). Do not transform them.

Titles, names and words in non-Roman alphabets need to be transliterated, see http://www.loc.gov/catdir/cpso/roman.html.

18. Non-English- language articles, books and documents

When citing a document, an article or a book in a language other than English, always give the document’s full title or name in the original language, keeping the original capitalization. The original language title may be followed by brackets containing its shortened or full-length English title.

Do NOT translate journal titles (eg Le Monde, Zeitschrift zum Stiftungswesen, Annali di diritto internazionale…).

Example: *M Hajji (ed), A b Idris al-Qarafi al-Dhakhira (The Reservoir) (Dar al-gharb al-islami Beirut 1994).*

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19. Numbers Use your reasonable judgment Consistency within the respective contribution is required. Use a decimal point not a comma to separate decimal numbers

from full numbers. Starting with millions, you should rather spell out the numbers as

words. Fractions should be written using their numeric form. Examples: 97.50% $40.80 1.406 billion 126.3 km 2 million 1/2; 3/5; 4/7

20. Parentheses and brackets

For online materials, square brackets are usually used to provide information that will not appear in the text online eg to provide the URL of a source website, which will ensure the link goes to the right place, however if a citation number contains square brackets as part of its format this is fine.

If multiple parentheses and brackets make the text confusing, edit it carefully.

Numbered or lettered sub-sections of the articles of a legal document (statute, convention, etc) are placed in parentheses immediately after the section number.

Some periodicals always have the year in square brackets, some in parentheses. It is fine to keep this format.

Examples: Texttexttext (→ Peace Treaties [1947]). Texttexttext (Art 5 (3) Additional Protocol) Texttext. (Texttext, Council Regulation (EEC) 1017/68 Applying Rules of Competition to Transport [1968] OJ Spec Ed 302, Transport Regulation Art 3].) Texttexttext ((2000) 39 ILM 270).

21. Parenthetical remarks

Parenthetical remarks are words, clauses, or sentences inserted as an explanation, aside, or afterthought into a passage with which they do not necessarily have any grammatical connection.

For parenthetical remarks within the text, we rather use m-dashes (short-cut: Alt GR + hyphen) than round brackets.

A remark at the end of a sentence that the author had put in parentheses can also be separated from the sentence by a comma.

NOTA: Not every clause that an author puts within round brackets is necessarily a parenthetical remark. Often, these clauses are eg relative clauses. In that case, brackets and m-dashes are most times avoidable.

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Examples: ‘The legal principle of sovereign equality (just like so many others before and afterwards—see also Sands 462) was never acknowledged by the ZYXS Member States.’

Can be transformed to ‘The legal principle of sovereign equality—just like so many others before and afterwards (see also Sands 462)—was never acknowledged by the ZYXS Member States.’ ‘texttext (eg texttext).’

Should be transformed to ‘texttext, eg texttext.’ ‘The lease of territory between A and B (which was concluded in 1677) was discontinued after the war.’

Should be transformed to ‘The lease of territory between A and B, which was concluded in 1677, was discontinued after the war.’

22. Quotation marks The following order of quotation marks applies: 1. Single quotation marks (‘…’) and 2. Double quotation marks within single quotation marks (‘…“…”…’) Example: The author writes that ‘the use of ‘’structuralist’’ lenses will not contribute to the analysis’ Quotation marks should only be used if:

→ The author quotes verbatim; → If a certain ‘concept’ is introduced for the first time; → If the author wants to distance himself from a certain

expression he uses. In this case, check whether the deletion of the quotation marks or the italicization would distort the sense.

Examples: The ongoing discussion about the German ‘Unterschicht’ has shown… Being ‘God’s own country’ the USA believes to…

23. Spelling: Words with more than one British English spelling

When there is more than one British English spelling, feel free to use either form, but use it consistently throughout the text. Example: Judgment or Judgement

24. Time Time should be expressed in 12-hour cycles referring to am or pm

with a colon between the hours and minutes.

Example: 6:00 am 4:00 pm

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II. Citations, quotations, references: General

25. Citation, position The citation for a verbatim quotation should be positioned

immediately after the quotation. The citation for a non-verbatim quotation should be provided at the

end of the sentence or at the end of a clause, depending on what part of the sentence the citation refers to.

Punctuation: Either write ‘texttext’ (source). Or ‘texttext.’ (source.) Chose one option and use it consistently throughout the whole text Do not write: ‘texttext.’ (source).

26. Citation of documents within the text

All the documents that are mentioned in the text must be fully cited in the Cited Bibliography section. In the running text, documents should be cited at their first

occurrence with their full official title (and, if applicable, informal title and/or abbreviation) but without the full source. Dates may be included if helpful.

Mark up asterisks and underline need not be used in the running text but must be used in the Bibliography.

Elsewhere in the running text, short titles, informal names or Abbreviations may be used. Note: it must be evident which document is being referred to

Examples: 1. First occurrence in the text: ‘... first came to an agreement in the African Charter on Human and Peoples’ Rights (1981) ([Banjul Charter] [‘AChHPR’]) ...’ or ‘… as stated in the 1981 Banjul Charter (African Charter on Human and Peoples’ Rights [1981] [‘AChHPR’]) …’ 2. Further occurrences within the text: ‘... the Banjul Charter was later modified ...’ or ‘... the 1981 African Charter, however, did not reconcile ...’ or ‘… the AChHPR says …’ 3. Bibliography: African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (Banjul Charter).

27. Exceptional documents that need not be included in the Bibliography

The following documents do not need to be cited with their full title and full source if only mentioned in passing: United Nations Charter Statute of the International Court of Justice League Covenant

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28. Citation of journals, yearbooks, and other periodicals: Abbreviation of their titles

Consult the ‘List of Abbreviations’, here: http://opil.ouplaw.com/staticfiles/MPEPIL%20list%20of%20abbreviations.pdf and follow it. That list precedes all other formatting rules.

If the periodical (journal, yearbook, etc) is not yet included in the list and if it is generally known, well-established, commonly used or regularly cited, you should abbreviate it according to OSCOLA

29. Citation of sub-sections (articles, paragraphs, etc) of statutes, treaties, and other legal materials

In the text articles, paragraphs, etc are always formatted in the same way:

‘Article + number + (number of paragraph) + (letter of subparagraph) + (number or letter of sub-sub-paragraph) + Title of the document.’

Name the respective treaty without inserting before its title the words ‘of the’.

For citing two or more articles etc, use “and”, commas and/or n-dashes.

Examples: As stated in Article 76 (4) (a) (ii) and (iii) UN Convention on the Law of the Sea, etc. This can be seen in Articles 76, 79–83 and 91 UN Convention on the Law of the Sea. Article 7 United Nations Charter (NEVER write: ‘Article 7 of the United Nations Charter’).

In parentheses opt for the abbreviated form (Art or Arts).

Example: As a reaction the conference ended (see Art 76 (4)–(7) UN Convention on the Law of the Sea). Finally, the commission found a solution (Arts 74, 80, 90 UN

Convention on the Law of the Sea).

30. Citation of treaties: Differentiation of treaties with same title

When two or more treaties have the same title keep the treaty name and add the year of the treaty in parentheses.

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31. Pinpoint references, general

Pinpoint references are references to specific pages, paragraphs, sections, or articles of legal documents or academic writing.

Art/Arts are to be capitalized ‘Series’ is to be capitalized when the original title of the respective

collection uses capitals. When pinpointing to paragraphs in cases, legislation, books, etc,

always use ‘para’ or ‘paras’. NEVER put the paragraph number in square brackets instead. The pinpoint reference or the citation always has to state the

beginning page or paragraph and the end page or paragraph. Examples: texttext (see Arts 7–10 United Nations Charter). texttext (UK Court of Appeal, Costello v Chief Constable of Derbyshire Constabulary, Judgment, 2001, paras 1–30).

32. Quotations, general No comments may be inserted into quotations. No cross-references to other documents covered by THE

ENCYCLOPEDIA may be inserted into quotations.

33. Quotations in foreign languages, translation into English

Non-English quotations need to be translated into English. The translation is put into parentheses and also indented.

The source reference (at the end, indented, in parentheses) has to clarify the author of the translation.

As a rule, titles of articles and books are not translated. If a book title in the text needs to be translated for the sake of understanding, try to find out about the title of an already existing published translation before attempting your own translation.

Example: Texttexttext. Hence the parties included the following clarification:

Entre la France et l’Allemagne (Etat Rhéno-Palatin) dans la forêt du Mundat, texttexttext. (Between France and Germany [Land of Rhineland-Palatinate] in Mundat Forest, texttexttext.) (D’Argent 443; translation by the author.)

Or similarly: (D’Argent 443; translation by the editor.)

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III. Citations, quotations, references: Books and articles

34. Citation of articles published in journals and of chapters in edited books: Indication of pages

For chapters in edited books and articles in journals or other periodicals, indicate the beginning and the end page in the Cited or Further Bibliography.

Examples: *S Williams, ‘The Cambodian Extraordinary Chambers: A Dangerous Precedent for International Justice?’ (2004) 53 ICLQ 227–45.* *DL Rothe and JI Ross ‘The State and Transnational Organized Crime: The Case of Small Arms Trafficking’ in F Allum and S Gilmour (eds) Routledge Handbook of Transnational Organized Crime (Taylor & Francis Florence 2012) 391-402.*

35. Citation of books and articles within the text

Use the following format: Author, Date, pinpoint

Example: texttext (Birnie, Boyle, and Redgwell, 2009, 462). If the author’s name is mentioned in the text, do not repeat, but

include ‘at’ in the parentheses.

Example: Lachs put it well (2010, at 115).

36. Citation of books and articles: Subtitles

Articles and books should be cited with both main title and subtitle, separated by a colon

Examples: *G Delaume, ‘The Proper Law of Loans Concluded by International Persons: A Restatement and a Forecast’ (1962) 56 AJIL 63–87.* *N Schrijver, Sovereignty over Natural Resources: Balancing Rights and Duties (CUP Cambridge 1997).*

37. Citation of books: Books that are edited by UN-bodies

Example: *United Nations Conference on Trade and Development (ed), Beyond Conventional Wisdom in Development Policy (United Nations Geneva 2004) UN Doc UNCTAD/EDM/2004/4.*

38. Citation of books: Books that are published as part of a series

If a book has appeared within a series of (regularly or irregularly) published materials (eg ‘Beiträge zum ausländischen öffentlichen Recht und Völkerrecht’):

→ do not cite the name of the series → do not cite the volume number → indicate the title of the book itself.

Example: *S Förster, Internationale Haftungsregeln für schädliche Folgewirkungen gentechnisch veränderter Organismen (Springer Berlin 2007).*

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39. Citation of books: Constitutions of the Countries of the World

Citing the constitutional text itself: The Hashemite Kingdom of Jordan ‘Constitution’ in R Wolfrum and R Grote (eds) Constitutions of the Countries of the World (2007). Citing an editorial comment: R Grote ‘The Hashemite Kingdom of Jordan, Introductory Notes’ in Constitutions of the Countries of the World R Wolfrum and R Grote (eds) iv–x (2007).

40. Citation of books: Law commentaries

Commentaries on laws, statutes, rules, treaties, and conventions should be cited according to the following format:

Examples: *K Hailbronner and E Klein ‘Article 10’ in B Simma (ed), The Charter of the United Nations: A Commentary (2nd edn Beck München 2002) 257–75.* *H Cassan ‘Article 11. Paragraphes 2 et 3’ in JP Cot A Pellet and M Forteau (eds), La Charte des Nations Unies vol 1 (Economica Paris 2005) 661–76.*

41. Citation of books: Multi-volume books

If you refer to a book that is part of a multi-volume book stick to the following format as far as possible

Author + general title of the entire work + vol no + title of the specific volume + (publisher + place of publication + year of publication)

The year of publication should state the year of publication of the

first volume cited followed by an n-dash and the year of publication of the last volume cited.

Examples: In the text: ‘texttexttext’ (Brown, 1992, vol 1, 262) In the Cited Documents: *M Mayer, International Law (Mohr Tübingen 1911–18) vols 1–7.*

42. Citation of books: Oppenheim

Example: *LF Oppenheim Oppenheim’s International Law vol 1 Peace: Introduction and Part 1 (R Jennings and A Watts eds, 9th edn (Longman Harlow 1992).*

43. Citation of books: Publishing houses

Always use the same name for publishing houses, eg Nijhoff (instead of Martinus Nijhoff), Kluwer (instead of Kluwer International etc), Nomos (instead of Nomos Verlagsgesellschaft).

44. Citation of books: Place of publication

Indicate the location of the publisher as it is indicated in the book. Do not translate the names of towns into English yourself. Trust OPAC with the correct indication of locations.

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45. Citation of books: Revised / edited books

If the second (or any further) edition of a book is revised and edited by another than the original author, indicate as follows:

Author of original book + title + (name of editor + ed, no of edn + publisher + place of publication + year of publication)

Example: *H Kelsen, Principles of International Law (RW Tucker ed, 2nd edn Holt Rinehart and Winston New York 1966).*

46. Citation of books: Reprinted books

For reprinted books, stick to the following format: Author + title + (publisher + place of publication + year of publication, reprinted by publisher + place of publication + year of publication).

Example: *LF Oppenheim, The Future of International Law (Clarendon Press Oxford 1921, reprinted by Nijhoff The Hague 2000).*

47. Citation of books: Single chapters

If the author only wants to include a chapter of a book in the bibliography cite the beginning and end page of the relevant chapter.

The title of the chapter does not need to be cited. If the author has indicated it, leave it.

Example: *H Kelsen, ‘UN Resolutions’ in The Law of the United Nations (Stevens London 1950) 805–815.*

48. Citation of books: Translated works

The translator of a book will only be named if he is also the editor of the book. In this case, use (tr) instead of (ed).

Example: *P Birks and G McLeod (tr), The Institutes of Justinian ... ‘Civil Code of the United Arab Emirates’ J Whelan (tr) (Graham&Trotman London 1987).*

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IV. Citations, quotations, references: Case law

49. Citation of cases: African Commission on Human and Peoples’ Rights

Indicate the dates of the decision as completely as possible. Examples: In the text: ACommHPR, Katangese Peoples’ Congress v Zaire, 1995, pinpoint (para and/or page). ACommHPR, Civil Liberties Organization v Nigeria, 1995, pinpoint (para and/or page). In the Cited Documents: *ACommHPR, Katangese Peoples’ Congress v Zaire, Merits, October 1995, Comm No 75/92.* *ACommHPR, Civil Liberties Organization v Nigeria, Merits, 1995, Comm No 129/94.*

50. Citation of cases: Arbitration cases published in RIAA

Examples: In the text: Treves Case, Italy v United States, 1956, pinpoint (para and/or page). In the Cited Documents: *Treves Case, Italy v United States, Decision No 144, 24 September 1956, 14 RIAA 262.*

51. Citation of cases: ECJ/CJEU and CFI/GC

For ECJ/CJEU and CFI/GC Decisions: Follow the same format as other examples provided here.

For Joined Cases:

Examples:Joined Cases 3/76, 4/76 and 6/76, Kramer and ors, Judgment, 14 July 1976, ECLI:EU:C:1976:114. For CJEU/ECJ Opinions and Rulings:

Examples:

In the text:CJEU, Opinion, Competence of the Community to Conclude International Agreements concerning Services and the Protection of Intellectual Property, 2013, pinpoint ECJ, Ruling, Draft Convention of the International Atomic Energy Agency on the Physical Protection of Nuclear Materials, Facilities and Transports, 1978, pinpoint

In the Cited Documents: *CJEU, Competence of the Community to Conclude International

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Agreements concerning Services and the Protection of Intellectual Property, Opinion of the Court, Opinion 1/94, 15 April 2013, ECLI:EU:C:1994:384.* *ECJ, Draft Convention of the International Atomic Energy Agency on the Physical Protection of Nuclear Materials, Facilities and Transports, Ruling delivered pursuant to the third paragraph of Article 103 of the EAEC Treaty, 14 November 1978, Ruling 1/78, ECR 2151, 2165.* For CFI/ CG

Example:

In the text: CFI, ADALAT, Bayer AG v Commission of the European Communities, Judgment, 2000, pinpoint GC, 3F (formerly Specialarbejderforbundet i Danmark) v European Commission, 2011, pinpoint

In the Cited Documents:

*CFI, ADALAT, Bayer AG v Commission of the European Communities, Judgment, Case T-41/96, ECLI:EU:T:2000:242.* * GC, 3F (formerly Specialarbejderforbundet i Danmark) v European Commission, Case T-30/03 RENV, ECLI:EU:T:2011:534. For Opinions of Advocates General:

Example:

In the text:

ECJ, Spain v Council of the European Communities, Opinion of Advocate General Tizzano, 2005, pinpoint

In the Cited Documents: *ECJ, Spain v Council of the European Communities, Opinion of Advocate General Tizzano, 13 January 2005, Case C–91/03 ECLI:EU:C:2005:174.*

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52. Citation of cases: European Commission of Human Rights

Decisions and reports of the European Commission of Human Rights should cite the relevant application number and a reference to the Decisions and Reports of the Commission series.

Where appropriate, reference to earlier decisions of the Commission should be made to the Yearbook of the European Convention on Human Rights, in which the citations follow the following volume and year/s:

1 1956–57 2 1958–59 3 1960 4 1961 5 1962 6 1963 7 1964 8 1965, and so on Examples:

In the text: ECommHR, M & Company v Germany, 1990, pinpoint (page and/or para).

ECommHR, Pfunders Case, Austria v Italy, 1961, pinpoint (page and/or para).

In the Cited Documents: *ECommHR, M & Company v Germany, Admissibility, 9 February 1990, App 13258/87; 64 DR 138.* *ECommHR, Pfunders Case, Austria v Italy, Admissibility, 11 January 1961, App 788/60; 4 YECommHR116.*

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53. Citation of cases: ECtHR Decisions

In the text: ECtHR, name of the case or parties, year, pinpoint (page and/or para). In the Cited Documents: If the case has a Series A number cite

*ECtHR, Name of the case or parties, Procedural stage, Date, Series A, No.*

When citing decisions from 1996 on: *ECtHR, Name of the case or parties, Procedural stage, Date, Report, year-volume, page.* If the case has not yet been published in the official reports: *ECtHR, Name of the case or parties, Procedural stage, Date, App, No. * [http://cmiskp.echr.coe.int/tkp197/default.htm] (date of access). The URL should be outside the asterisk.

Examples: In the text: ECtHR, Young and ors v United Kingdom, 1981, pinpoint (page and/or para). ECtHR, Osman and Osman v United Kingdom, 1998, pinpoint (page and/or para). ECtHR, Bartik v Russia, 2006, pinpoint (page and/or para). In the Cited Documents: *ECtHR, Young and ors v United Kingdom, Merits and just satisfaction, 13 August 1981, Series A No 44.* *ECtHR, Osman and Osman v United Kingdom, Merits and just satisfaction, 28 October 1998, ECtHR Reports 1998-VIII 3124.* *ECtHR, Bartik v Russia, Merits and just satisfaction, 21 Dec 2006, ECtHR App 55565/00.* [http://cmiskp.echr.coe.int/tkp197/default.htm] (accessed 1 January 2010). The EHRR is not to be cited. Omit the words ‘Case of’. If both parties are cited in the case name, do not drop the name of

the State party. If only the individual is cited within the case name, the name of the State party may be added.

Some ECtHR cases start numbering of paragraphs at each section. If a pinpoint reference is needed for such a case, use the section number together with the paragraph number. Do not cite the page number of the official publication, assuming that most readers use the online documents available at HUDOC. There is also a manual on how to use HUDOC on the indicated webpage.

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54. Citation of cases: Eritrea-Ethiopia Claims Commission

Example: In the text: Eritrea-Ethiopia Claims Commission, Prisoners of War Eritrea’s Claim 17, 2003, pinpoint (page and/or para). In the Cited Documents: *Eritrea-Ethiopia Claims Commission, Prisoners of War Eritrea’s Claim 17, Partial Award, 1 July 2003.* [http://www.pca-cpa.org/ENGLISH/RPC/EECC/ER17.pdf] (accessed 12 April 2006).

55. Citation of cases: ICJ cases, case names: ‘v’ and ‘/’

Omit ‘Case concerning’. It is essential to keep the ‘v’ and ‘/’ as indicated in the original case

document: ‘v’ indicates that the party named first was the first one to hand in the memorial and will be the first one pleading, whereas ‘/’ indicates that the order in which the pleadings will take place has been set by agreement.

If you refer to page numbers always cite the one at the top of the page, never the one at the bottom.

Example: In the text: ICJ, Fisheries Case, United Kingdom v Norway, 1951, pinpoint (page and/or para). In the Cited Documents: *ICJ, Fisheries Case, United Kingdom v Norway, Judgment 18 December 1951, ICJ Rep 116.*

56. Citation of cases: ICJ Pleadings

To cite pleadings, applications, and other documents published in the ICJ Pleadings, include the year.

Example: In the text: ICJ, Pleadings, South-West Africa Cases, Ethiopia v South Africa; Liberia v South Africa, 1966, pinpoint (page and/or para). In the Cited Documents: *ICJ, South-West Africa Cases, Ethiopia v South Africa; Liberia v South Africa, 1966, ICJ Pleadings 42.*

57. Citation of cases: ICSID Decisions

In the text: ICSID, Official Case name, Year, pinpoint. In the Cited Documents: The ICSID website indicates whether the ICSID Rep have published

the complete decision or only an excerpt. In case of complete coverage cite as follows:

ICSID, Case name (additional case information), Procedural stage, Date, ICSID Case number (year of volume) volume number ICSID Rep page number.

In case the ICSID Rep only publishes excerpts cite as follows: ICSID, Case name (additional case information), Procedural

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stage, Date, ICSID Case number (year of volume) volume number ICSID Rep page number (excerpts).

In case the decision is not published in the ICSID Rep refer first to the ICSID Rev/FILJ and second to the ILM.

In case the decision is not published at all cite as follows: ICSID, Case name (additional case information), Procedural stage, Date, ICSID Case number.

Examples: In the text: ICSID, Ceskoslovenska Obchodni Banka, AS v Slovak Republic, 1999, pinpoint (page and/or para). ICSID, Klöckner Industrie-Anlagen GmbH v Cameroon, 1994, pinpoint (page and/or para). ICSID, Waste Management Inc v Mexico, 2000, pinpoint (page and/or para). ICSID, Noble Ventures Inc v Romania, 2005, pinpoint (page and/or para). In the Cited Documents: *ICSID, Ceskoslovenska Obchodni Banka, AS v Slovak Republic, Decision on Objections on Jurisdiction of ICSID, 24 May 1999, Case no ARB/97/4 (2002) 5 ICSID Rep 335.* *ICSID, Klöckner Industrie-Anlagen GmbH v United Republic of Cameroon, Award, 21 October 1994, ICSID Case no ARB/81/2 (1994) 2 ICSID Rep 9 (excerpts).* *ICSID, Waste Management Inc v United Mexican States, Award, 2 June 2000, ICSID Case no ARB(AF)/98/2) (2000) 15 ICSID Rev/FILJ 214.* *ICSID, Noble Ventures Inc v Romania, Award, 12 October 2005, ICSID Case no ARB/01/11).*

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58. Citation of cases: ICTY

In the text: ICTY, Official Case name, Year, pinpoint (page and/or para). In the Cited Documents: Format: ICTY, Prosecutor v XYZ, Name of the indictment/decision and/or procedural stage, Date of decision/judgment, Decision/judgment number. Examples: In the text: ICTY, Prosecutor v Galić, 1999, pinpoint (page and/or para). ICTY, Prosecutor v Galić, 2003, pinpoint (page and/or para). ICTY, Prosecutor v Galić, 2006, pinpoint (page and/or para). In the Cited Documents: *ICTY, Prosecutor v Galić, Indictment, 26 March 1999, IT-98-29-I.* *ICTY, Prosecutor v Galić, Judgment and opinion, 5 December 2003, IT-98-29-T.* *ICTY, Prosecutor v Galić, Judgment, 30 November 2006, IT-98-29-A.*

59. Citation of cases: Identical titles

When two or more cases have the same title → EITHER introduce different short forms for the respective

cases within the running text. The short forms, including the dates, are in italics, see OSCOLA.

→ OR: Cite the complete case name (as usually, in italics) and add the year of the case (in normal font).

Examples in running text: Short case name (‘Libya v Malta [1984]’) and Short case name (‘Libya v Malta [1985]’) …US v Louisiana (1960), US v Louisiana (1967), US v Louisiana (1969), and US v Louisiana (1986).

60. Citation of cases: Inter-American Commission on Human Rights

In the text: IACommHR, Comadres v El Salvador, 1996, pinpoint (page and/or para). In the Cited Documents: *IACommHR, Comadres v El Salvador, Case 10.948 IACommHR Report no 13/96 OEA/Ser L/V/II.91 doc.7 101, 1 March 1996*

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61. Citation of cases: Inter-American Court of Human Rights

In the text: IACtHR, Velásquez Rodríguez v Honduras, 1988, pinpoint (page and/or para). In the Cited Documents: *IACtHR, Velásquez Rodríguez v Honduras, Judgment, IACtHR Series C no 4, 29 July 1988.*

62. Citation of cases: Multiple claimants or defendants; first names

Where there are multiple parties, only the first claimant and first defendant are named. Where the parties are individuals, given names and initials are omitted. Follow OSCOLA.

63. Citation of cases: NAFTA

If you cannot find a hardcopy source (eg ILM), apply the following format:

*Case Name, Type of decision/Procedural stage + NAFTA deciding body, + Document No + Date of decision.* + [link] (date of access).

Omit ‘Re’ and ‘In the Matter of’.

For document numbers see http://www.nafta-sec-alena.org/en/DecisionsAndReports.aspx?x=312 (doc numbers displayed on this site may differ from doc numbers displayed on the pdfs). In the text: NAFTA Arbitral Panel, Cross-Border Trucking Services, 2001, pinpoint (page and/or para). In the Cited Documents: *NAFTA Arbitral Panel, Cross-Border Trucking Services, Final Report, 6 February 2001, NAFTA Arbitral Panel, USA-MEX-1998-2008-01.* [http://www.worldtradelaw.net/nafta20/truckingservices.pdf] (accessed 12 August 2009).

64. Citation of cases: National cases

In the text: When citing national cases stick to the following format as far as

possible:

Original name of the court, (English translation of the court name), Original name of the case in italics, year, pinpoint (page and/or para).

Example: Bundesverfassungsgericht (German Federal Constitutional Court), Maastricht-Urteil, 1993, pinpoint (page and/or para) In the Cited Documents: When citing national cases stick to the following format as far as

possible: *Original name of the court (English translation of the court name), original name of the case in italics +

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Procedural stage, Date of decision, Region/city of the court + Source.*

Exception 1: If necessary, the source may be replaced by a document number. Exception 2: If you refer to a national court where there is only one of its kind (eg US Supreme Court, Bundesverfassungsgericht) the region/city of the court’s seat does not need to be mentioned. If a national case can also be found in ILM, the ILM citation has

priority. If the English translation of the court name does not reveal the

country, add a specification (eg German Federal Constitutional Court).

It is recommended to cite a court’s full name, see for example http://www.bailii.org/recent-decisions.html.

Examples: *Bundesverfassungsgericht (German Federal Constitutional Court 2nd Senate), Maastricht-Urteil , 12 October 1993, 89 BVerfGE 155.* *Cour d’appel (French Court of Appeal), Paul Clerget v Banque commerciale pour l’Europe du Nord et Banque du commerce extérieur du Vietnam, 7 June 1969, 96 Clunet 894.* *United Kingdom House of Lords, Jones v Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia), 14 June 2006, UKHL 26.*

65. Citation of cases: PCIJ cases

In the text: Use the following format: PCIJ, Case name (abbreviated), Year, pinpoint (page and/or para).

Example: PCIJ, Lotus, France v Turkey, 1927, pinpoint (page and/or para) In the Cited Documents: *PCIJ, Official Case Name, Procedural Stage, Date, Series, first page.*

Example: *PCIJ, The Case of S.S. “Lotus”, France v Turkey, Judgment, 7 September 1927, Series A no 10, 26.*

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66. Citation of cases: Separate, dissenting, etc opinions

Note that separate or dissenting opinions and declarations of judges have to be inserted in parentheses and in italics directly behind the specification of the case (eg Merits).

If the case uses a different designation such as ‘Individual Opinion of Judge XY’, do not change it.

In the text: Use the format: Court Name, Case name, Procedural Stage (Where applicable), Year,

pinpoint (page and/or para) Example: ICJ, Armed Activities on the Territory of the Congo, Democratic Republic of Congo v Rwanda, Judgment (Declaration of Judge Elaraby), 2002, pinpoint. In the Cited Documents: Use the format: *Court Name, Case name, Procedural Stage (Designation), Date, Source* Examples: *ICJ, Armed Activities on the Territory of the Congo, Democratic Republic of Congo v Rwanda, Judgment (Declaration of Judge Elaraby), 18 September 2002, ICJ Rep 299 para 9.* *ICJ, Fisheries Case, United Kingdom v Norway, Dissenting Opinion of Judge McNair, 1951, ICJ Rep 158.*

67. Citation of cases: Specification of the type of judicial decision

In the text, omit the type of decision/procedural stage (except 66. Separate, dissenting, etc opinion)

In the Cited documents, for all case citations, include the type of decision/procedural stage as stated by the court (eg ‘Judgment’, ‘Merits’, ‘Jurisdiction’, ‘Interim Measures’, ‘Advisory Opinion’, ‘Prompt Release’).

If you specify the material type of judgment (eg ‘Merits’), do not add ‘Judgment’, except for the specification ‘Prompt Release’ (which can be either a ‘Judgment’ or a ‘Provisional Measure’).

If the court does not specify the type of decision, you do not need to include it.

68. Citation of cases: WTO Panels and Appellate Body

In the text: Use the following format: Follow WTO’s short in-text citation and full titles, available here:

https://docs.wto.org/gtd/WTOdispute/TABLE%20OF%20CASES.pdf To follow OSCOLA omit ‘p.’ in the Cited/Further Documents Include the Appelate Body Report or Panel Report before the short

in-text title. Examples: In the text: Panel Report, Argentina – Ceramic Tiles + pinpoint

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In the Cited Documents: *Panel Report, Argentina – Definitive Anti-Dumping Measures on

Imports of Ceramic Floor Tiles from Italy, WT/DS189/R, adopted 5 November 2001, DSR 2001:XII, 6241 (not p. 6241, as provided for in the table)*

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V. Citations, quotations, references: Others

69. Citation of COE Documents

COE Committee of Ministers documents take spaces either side of the brackets but no space before the letter—E or F—at the end.

Example: CM/Res (2000) 50E.

COE Committee of Ministers declarations: Follow the rules that

the COE itself follows. Example: CM/Decl-29.04.82E. There are exceptions to this when the document itself shows

a very different format. Example: CM/Del/Dec (2002) 804/4.3/appendix3E.

70. Citation of European treaties

In the text: For a single appearance, use: Official Treaty Name [Year] For multiple appearances: In the first appearance use:

‘Official Treaty Name’ (abbreviated form), [Year] If citing again, use:

Abbreviated form

Examples: Single appearance: Treaty on European Union [2008] Multiple appearances: Treaty on European Union (‘TEU’) [2008] then: As mentioned in Art 10 TEU, the EU is founded in representative democracy… Further in text examples: Similar agreements are contemplated in Art 23 TFEU (former Art 20 EC Treaty) which provides that ‘[e]very citizen of the Union shall … be entitled to protection by the diplomatic or consular authorities of any Member State’. In CILFIT Srl v Ministry of Health (1982) the ECJ considered the application of Art 177 EEC Treaty. According to Art 177 EEC Treaty (now Art 267 TFEU), if a question is raised before a national court of a Member State, that court ‘may’ request the ECJ to give a ruling. In the Cited Documents: For founding treaties, consolidated versions etc. see http://eur-

lex.europa.eu/en/treaties/index.htm. Cite to the most recent consolidated versions that have entered into

force, unless the author explicitly refers to an earlier version:

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Examples: *Treaty on European Union (signed 13 December 2007, entered into force 1 December 2009) OJ C115/1.* *Treaty on the Functioning of the European Union (signed 13

December 2007, entered into force 1 December 2009) OJ C115/47.*

71. Citation of national legislation

Follow the following format as far as possible:

Name of Law in Original Language (English translation), Date, Official Source (Country).

72. Citation of OSCE documents

Use the form for UNGA resolutions including the name of the organization and the document and the date of adoption of the text.

Example: In the text: OSCE, Code of Conduct on Politico-Military Aspects of Security, 1994, pinpoint.

In the Cited Documents: *OSCE ‘Code of Conduct on Politico-Military Aspects of Security’ (3 December 1994) DOC.FSC/1/95.*

73. Citation of WTO Analytical Index

The WTO Analytical Index, Guide to GATT Law and Practice and the WTO Analytical Index, Guide to WTO Law and Practice should be cited as follows:

Examples: *——‘Art. XXV GATT’ in World Trade Organization (ed), WTO Analytical Index, Guide to GATT Law and Practice vol 2 (World Trade Organization Geneva 1995) 873–906.* *——‘Art. IX WTO’ in World Trade Organization (ed), WTO Analytical Index, Guide to WTO Law and Practice vol 1 (World Trade Organization Geneva 2003) 78–88.*

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VI. Cited & Further Bibliography

74. Chronological order Bibliographical items will be listed in order of publication date,

starting with the oldest. If a work or series was published over a range of years, go by the

first year. If the date of publication is the same for two items, they will be

arranged in alphabetical order by the author surname.

Example of correct order: *AM Halvorssen ‘The Kyoto Protocol and Developing Countries: The Clean Development Mechanism’ (2005) 16 ColoJIntlEnvtlL&Pol 353–75.* *MG Nigoff ‘The Clean Development Mechanism: Does the Current Structure Facilitate Kyoto Protocol Compliance’ (2005–2006) 18 GeoIntlEnvtlLRev 249–76.* *S Rousseaux ‘Carbon Sinks in the Kyoto Protocol’s Clean Development Mechanism: An Obstacle to the Implementation of the Convention on Biological Diversity’ (2005) 7 Environmental Law Review 1–11.* *CA Hart ‘The Clean Development Mechanism: Considerations for Investors and Policymakers’ (2006–2007) 7 Sustainable Development Law & Policy 41–46.* As a general rule, disregard all titles. Prefixes matter if they are capitalized. Examples of title and prefix capitalization:

- Van de Craen is listed under "V" - van Dyk is listed under "D" - D’Amato is listed under "D" - de Zayas is listed under "Z" - von Bogdandy is listed under "B" - Eduardo Jimenez de Aréchaga is listed under "J" - Friedrich August Freiherr von der Heydte is listed under "H" - O’Keefe is listed under "O" Example of correct order: *—— Australian Guide to Legal Citation (Melbourne University Law Review Association Inc Parkville 1998).* *A Carty ‘The Continuing Influence of Kelsen on the General Perception of the Discipline of International Law’ (1998) 9 EJIL 344–54.* *RA Smith, Sir Gerald Fitzmaurice and the World Crisis (Kluwer The Hague 2000).* *A Carty, ‘International Legal Personality and the End of the Subject: Natural Law and Phenomenological Responses to New Approaches to International Law’ (2005) 6 Melbourne Journal of International Law 534–52.*

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75. Indication of page range

Within the Bibliography sections, indicate the entire page range of the source.

76. Honorific titles In the Bibliography, Lady and Sir are dropped; Lord, Graf, Freiherr

are not dropped. Order titles (Knight etc) are dropped.

Examples: FA Freiherr von der Heydte Kirche und Staat (Badenia Karlsruhe 1966).

AD Lord McNair The Law of Treaties (Clarendon Oxford 1961).

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VII. Cited & Further Documents

77. Alphabetical Order Select Documents are to be arranged in alphabetical order.

Disregard articles (the, a, an…) and prepositions (in, of, between, by, at, concerning, relating to…).

Example of correct order: *Convention on a Code of Conduct for Liner Conferences (concluded 6 April 1974, entered into force 6 October 1983) 1334 UNTS 15.* *Convention internationale pour règler la Tutelle des Mineurs (signed 12 June 1902, entered into force 30 July 1904) 95 BSP 421.* *Convention of the World Meteorological Organization (done 11 October 1947, entered into force 23 March 1950) 77 UNTS 143.*

78. Popular names (informal titles)

Popular names (informal titles) that are well established in international legal use may be included (see OSCOLA). For popular names see http://untreaty.un.org/sample/simplesample.asp.

Example: *African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (Banjul Charter).*

Note: Informal names do not take quotation marks, but can be used in the same manner as abbreviations (see OSCOLA).

79. Translations of documents, non-official

NEVER refer to a non-official translation of a document. In this case, include the original non-English document in the list of Select Documents.

80. Websites As regards articles about organizations, always insert their current

website in the Select Documents at the very TOP position as follows:

Name of organization [ URL] (date of access)

Example: *Universal Postal Union (accessed 10 January 2007).*[http://www.upu.int/index.html]