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Reaserching T He International Case And Other Responsibilities Of The International Lawyer

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Chapter Summary

This chapter describes the problems faced by a lawyer who undertakes to handle an "international case" or a case that has issues involving the law or parties of more than one country. The research tools involved in exploring the international law issues in the case may be unfamiliar to the U.S. lawyer. The chapter sets forth the basic source materials which will be used in handling international assignments. Sources of international law include international conventions, international custom, general principles of law recognized by civilized nations, judicial decisions and scholarly writings. Treaty interpretation is prominently involved in international cases. The issue of the responsibility of the U.S. attorney for foreign law arose over half a century ago in Degan v. Steinbrink. A number of states now allow foreign lawyers to practice as "foreign legal consultants" without taking the state bar examination. The chapter offers some suggestions on dealing with foreign counsel.

Keywords: foreign attorney; foreign counsel; foreign legal consultants; international case; international lawyer; judicial interpretation

10.1163/ej.9789004178854.i-556.12
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