Guide to International Legal Citation
C. Sources Referring to Other Sources and Subsequent References
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- 2. Immediately subsequent references
- 3. Cross-references
- D. Quotations
- 2. Long quotations
- 3. Editing quotes
- 4. Quotes within quotes
- 5. Punctuation within quotations
C. Sources Referring to Other Sources and Subsequent References1. Sources referring to other sourcesTHE RULE Ordinarily, it is correct to quote the original source rather than the source referring to it. Where, however, it is important to show that one source has had explicit reference to another, the citations may be joined via the following methods:
Each of these connectors is to be preceded with a comma. EXAMPLE Stürchler, above n 4, 115, quoting E E Azar, P Jureidini & R McLaurin, ‘Protracted Social Conflict: Theory and Practice in the Middle East’ (1978) 8 J Pal Stud 41, 50. 2. Immediately subsequent referencesTHE RULE If the reference immediately before a citation – either within or outside of the same footnote – is the same basic source as the citation itself, then it is sufficient to simply state ‘ibid’ (from the Latin ‘ibidem’ meaning ‘the same place’). The common term ‘id’ (from the Latin ‘idem’ meaning ‘the same’ is not the be used). Where the citation is to the same source as the preceding reference, but a different page, the reference should be ‘ibid, x’, where x is the page in question, or a range thereof. Where referring to multiple chapters of the same book sequentially in a footnote, ‘ibid’ will also suffice to represent the book in the subsequent reference, though the separate contribution of the chapter will need to be identified. The same may also be said for separate opinions in the same judgment, but only where the second opinion cited is separated from its fellows, e.g. via the use of ‘cf’.
When cross-referencing, give the surname of the author without his/her initial(s), followed by the cross-reference (as ‘n x’), and then a pinpoint cite. The position of the reference relevant to the cross-reference is to be indicated by the terms ‘above’ or ‘below’. The GILC does not use the Latin terms ‘supra’ or ‘infra’ respectively. The vast majority of the time, it is unlikely that a ‘below’ cross-reference will need to be given, at least when considering a specific source. Indeed, if possible, the reference itself should be changed to a full cite of the source considered in order to avoid confusing the reader. It is also possible to cite a preceding or following section (§) of the article itself. Where this occurs, the reference should be given by reference to the heading number of the section, e.g. ‘above at §3.2’. Note the presence of the ‘at’ as connector, which will not appear in an ordinary cross-reference.
1. Short quotationsTHE RULE Where the quote in question is fewer than three lines in length if included in the text, it is to be considered a short quote. Where a quote is a short quote, then it can be included normally in the text and incorporated within single quotation marks. Users of double quotation marks (save in the exceptional circumstances detailed below) will be defenestrated by a team of hired goons. Where a quote is included within a sentence, the first letter of the quote must be modified so as to permit the sentence to run on naturally. Thus, if the quote opens with a capital letter, this must be edited through the use of square brackets (see further the section on editing quotes at Rule I.D.3. EXAMPLES As was remarked by Crawford – with respect to the system of international law ‘[t]here is no large stock of available replacements for it’.1 _________________
Long quotes must be introduced into a new paragraph and indented. When indicating the break between the introductory paragraph and the long quotation, use a colon. If the first line of the new quote begins a new sentence, then just introduce the quote without further ado. If the quote picks up in the middle of the sentence, indicate this through the introduction of ellipses, housed in square brackets, like so: […]. Do not indicate the quote via use of quotation marks. That is why the quote is indented. Do not ‘tab in’ the quote line by line. Indenting is something quite different. Do not reduce the point size of the quote. Long quotes may also be included in footnotes. EXAMPLES The Bayindir case1 indeed confirms the approach which determines that an ‘in accordance with the state laws and regulations’ clause refers to the legality (validity) and not to the definition of an investment. With regard to the criteria to determine if an investment was made in accordance with the host state law, the tribunal decided that: […] since Pakistan does not contend that Bayindir’s purported investment actually violates Pakistani laws and regulations, the Tribunal considers that the reference to the ‘hosting Party’s law and regulations’ in Article I(2) of the Treaty could not in any case oust the Tribunal’s jurisdiction in the present case.2 _________________
Quite often, a quote will need to be edited so as to make it fit grammatically with the surrounding text – though not so as to alter its original context and meaning. Where this occurs, the text should be altered through the use of amendments contained in square brackets. Cases may be changed, and ellipses and words added in order to change the flow (though again not the meaning of the sentence). Where editing a short quote, the sentence so created should be complete – efforts should be made to ensure that a new sentence is not started in the middle of the quote (e.g. do not say something like: as has been noted elsewhere, ‘[t]he real aim of the system of international law is not justice. It is the creation of an ordered system of rules-based diplomacy between states’). EXAMPLES Crawford is frank in his assessment of the international legal system, noting the fact that within the system, ‘[w]ealth and power are extremely unequally divided, within and between states, and the inequalities may be growing [and] [t]he absence of anything approaching an international [democratic] constitution allows tyrants to safely graze’.1 But at the same time, Crawford reminds us that that those who would seek to deny absolutely the usefulness of international law contribute little to peaceful international relations. He notes: It is easy to be skeptical of the claims of international law given the discrepancies between the power of states, the complexity of modern military system, and, more generally, the scope of the enterprise of international relations. It is also facile. No doubt we should be critical – and even skeptical – in our approach to particular questions and proposals. The fact remains however that there are things which manifestly need to be done which can only be done by collective action […] Despite its critics, [international law] provides a normative structure for a rules-based system of international society. At present, it is being tested, possibly to destruction. But if it is destroyed we shall all be the worse for it.2 _________________
Quotes within quotes are entirely permissible, but their use depends on whether the quote in question is a short or long quote. When considering short quotes, the second quote is to be indicated by the use of double quotation marks (as the quote itself is housed within single quotation marks). When considering long quotes, the second quote is to be indicated by the use of single quotation marks (as the quote does not have any quotation marks itself). The second quote must obviously have its own citation, but do not include the footnote within the quote itself. Rather, incorporate the second quote within the reference for the quote overall.
If there is an element of customary international law here, it is the element of collective non-recognition, which goes back to the Stimson doctrine announced at the time of the Manchurian crisis in 1934 – and significantly involving not just League members but also the US, a non-member.1 This precedent was relied on in the ILC’s commentary to Article 41: The Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations affirms this principle by stating unequivocally that States shall not recognize as legal any acquisition of territory brought about by the use of force. As the International Court of Justice held in Military and Paramilitary Activities, the unanimous consent of States to this declaration ‘may be understood as an acceptance of the validity of the rule or set of rules declared by the resolution by themselves’.2 _________________ 1 See J Crawford, The Creation of States in International Law (2nd edn, 2006) 75–6, 78, 132–3, with references to relevant resolutions and declarations. 2 ILC Ybk 2001/2, commentary to Art 41, para 6, citing Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States), ICJ Reports 1986 p 14, 100. 5. Punctuation within quotationsTHE RULE Punctuation within quotations should be altered to comply with the style rules contained in Section I.F. Punctuation marks at the end of the quoted text (full stops, commas, etc.) should not be included in a quotation unless the punctuation mark forms part of and is important to the quotation. Other punctuation marks within a quotation should be retained in the quoted text.
As Walker observed, the ‘call for states to grant asylum to those persecuted because of prostitution or homosexuality was made over 20 years ago’. [Original: ‘over 20 years ago and since then…] Carmody J goes on to offer the following interpretation of the ‘paramount but not sole’ formulation appearing in previous cases: The best interest of the child(ren) concerned, but in the short and longer term, and not the interest or needs of the parents (let alone the interest of either one of them) are the paramount consideration. However, they are not the sole factor. [Original: ‘…sole factor. The…’] The observation that ‘there is a sharp student-teacher dichotomy that ought to be observed’ was repeated. [Original: ‘…a sharp student – teacher dichotomy…’]
6. [sic]THE RULE ‘[sic]’ (meaning ‘thus’) should be inserted after the material being quoted contains a significant error that is to be left in the quote as quoted. It should not be used for less than egregious errors, i.e. to mark non-British English spelling or non-standard capitalization. The expression may also be used after a discriminatory or offensive expression, but it is preferable that the expression be edited or paraphrased such that the expression is avoided outright.
President Bush stated brazenly: ‘[t]hey misunderestimated [sic] me’. Directory: wp-content -> uploads -> 2013 2013 -> International post doctoral research fellowship programme final report title of the research 2013 -> Seals Family History 1565 to 2004 2013 -> Rao bulletin 15 July 2013 html edition this bulletin contains the following articles 2013 -> R institute of technology school of foreign languages 2013 -> Provisional Programme – subject to change thursday 10th april 2013 -> June, 2013 National hiv testing Day Month Men’s Health Week Hurricane Safety Month 2013 -> In memory of the residents of the Parish Chesham Bois that served their country during wwii 2013 -> Federal contract awards in georgia april 2013 Download 206.21 Kb. Share with your friends:
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