Global Community Yearbook of International Law and Jurisprudence 2018

The 2018 edition of The Global Community: Yearbook of International Law and Jurisprudence constitutes the only thorough annual survey of major developments in international courts. General Editor Giuliana Ziccardi Capaldo selects excerpts from important court opinions, supported by contributors who provide expert guidance on those cases. The topical organization and subject index make the thorough, comprehensive content easy to navigate.

List of contents

• Aims and Scope


• Outline of the Parts


• EDITORIAL


• The Taricco Affair: A Dialogue Between the Deaf and the Dumb. A Proposal to Strengthen Cooperation Between the ECJ and National Courts, Giuliana Ziccardi Capaldo.


• PART 1: ARTICLES


• "External Stakeholder Benevolence": An Emerging Paradigm in International Criminal Justice? - Critical Reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the Efficiency and Legitimacy of International Courts, Michael Bohlander.


• How to Reconcile Human Rights, Trade Law, Intellectual Property, Investment and Health Law? WTO Dispute Settlement Panel Upholds Australia's Plain Packaging Regulations of Tobacco Products, Ernst-Ulrich Petersmann.


• The Citizen and the State: A Paradoxical Relation, Chris Thornhill.


• PART 2: NOTES AND COMMENTS


• Statehood and Recognition in International Law: A Post-Colonial Invention, Jean d'Aspremont.


• Misdiagnosing the Human Rights Malaise: Possible Lessons from the Danish Chairmanship of the Council of Europe, Jacques Hartmann.


• Article 103 of the UN Charter and Security Council Authorizations, Robert Kolb.


• Under Construction: the Euro-Mediterranean Free Trade Area (EMFTA), Francesco Seatzu.


• PART 3: IN FOCUS - GLOBAL POLICIES AND LAW


• Demilitarizing Palestine. A Flawed Legal Approach To Middle East Peace, Louis René Beres.


• Illiberal versus Liberal State Branding and Public International Law: Denmark and the Approximation to Human(itarian) Rightlessness, Anja Matwijkiw and Bronik Matwijkiw.


• A Constitutional-Driven Change of Heart ISP Liability, AI and the Digital Single Market, Oreste Pollicino and Giovanni De Gregorio.


• Appendix of the Part - Topics Covered in the Previous Issues (2008-2017)


• PART 4: FORUM - JURISPRUDENTIAL CROSS-FERTILIZATION: AN ANNUAL OVERVIEW


• I. Introductory Module - MISSION AND CONCEPTS


• I.1 The Continuity of Jurisprudential Cross-Fertilization in the Case-Law of International Tribunals in Their Common Mission of Realization of Justice, Antônio Augusto Cançado Trindade.


• II. Module - CRIMINAL LAW - The Relationship Between International Criminal Tribunals and Their Relationship with the ICJ or Another International Court or Arbitral Tribunal


• II.1The ICC Appeals Chamber's Judgment in The Prosecutor v. Bemba at al. - A Reminder of the Often Overlooked Value of International Jurisprudence Concerning Offences Against the Administration of Justice, Anda Scarlat.


• III. Module - HUMAN RIGHTS LAW - The Relationship Between Courts of Human Rights and Their Relationship with the ICJ or Another International Court or Arbitral Tribunal


• III.1 Reparations for Victims of Mass Atrocities: Actual and Potential Contributions of the Inter-American Court of Human Rights to the International Criminal Court, Juan-Pablo Perez-Leon-Acevedo.


• IV. Module - ENVIRONMENTAL LAW, LAW OF THE SEA, GLOBAL COMMONS LAW - The Relationship Between the ITLOS and the ICJ or Another International Court or Arbitral Tribunal


• IV.1 Collective Reparations as a Partial Remedy for State-Perpetrated Blanket Violations of the Rights of Targeted Child Asylum Seeker Groups, Sonja C. Grover.


• PART 5: DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2017


• I. INTERNATIONAL COURT OF JUSTICE


• I.1 INTRODUCTORY NOTE, John G. Merrills.


• I.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• II. INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA


• II.1 INTRODUCTORY NOTE, Tullio Treves.


• II.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• III. WTO DISPUTE SETTLEMENT SYSTEM


• III.1 INTRODUCTORY NOTE, Joanna Gomula.


• III.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• IV. INTERNATIONAL CRIMINAL COURT


• IV.1 INTRODUCTORY NOTE, Geert-Jan Alexander Knoops.


• IV.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• IV.2.1 SITUATION IN CÔTE D'IVOIRE


• IV.2.2 SITUATION IN THE DARFUR


• IV.2.3 SITUATION IN MALI


• IV.2.4 SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO


• IV.2.5 SITUATION IN THE REPUBLIC OF BURUNDI


• V. INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA


• V.1 INTRODUCTORY NOTE, Rafael Nieto-Navia.


• V.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• VI. COURT OF JUSTICE OF THE EUROPEAN UNION


• VI.1 INTRODUCTORY NOTE, Antonio Tizzano.


• VI.2 GENERAL COURT


• VI.2.1 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• VI.3 COURT OF JUSTICE


• VI.3.1 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• VII. EUROPEAN COURT OF HUMAN RIGHTS


• VII.1 INTRODUCTORY NOTE, Guido Raimondi.


• VII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• VIII. INTER-AMERICAN COURT OF HUMAN RIGHTS


• VIII.1 INTRODUCTORY NOTE, Eduardo Ferrer Mac-Gregor Poisot.


• VIII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• IX. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES


• IX.1 INTRODUCTORY NOTE, August Reinisch.


• IX.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• X. PERMANENT COURT OF ARBITRATION


• X.1 INTRODUCTORY NOTE, Diego Mejía-Lemos.


• X.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW


• PART 6: RECENT LINES OF INTERNATIONALIST THOUGHT


• Enhancing the Globe's Governance, Struggling with Research and Politics, Thomas G. Weiss.

About the author

Giuliana Ziccardi Capaldo, Emeritus Professor is an internationally recognized expert in international law generally and in international criminal law specifically. She is a member of the Editorial Board of the International Criminal Law Series and is included among the prominent internationalists, who gave significant contributions to the matter, in Who's Who in Public International Law. In addition to her impressive Repertory of Decisions of the International Court of Justice (1947-1992) she has authored numerous articles and books in which she has made influential insights into the mew principles of international law. She is one of the most authoritative scholars in the field of global law. Her proudest accomplishment is having founded in 2001 The Global Community Yearbook of International Law and Jurisprudence, of which she is General Editor.

As the architect of the integrative approach, Ziccardi Capaldo in her book The Pillars of Global Law pioneered her vision of global constitutionalism based on the idea of securing globally shared governance in terms of a constitutional democracy as well as global constitutional principles within the human community as a whole.

Summary

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law.

The 2018 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions' legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia's tobacco plain packaging measure; Israel's acceptance of Palestinian statehood contingent upon prior Palestinian "demilitarization" is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization.

This publication can also be purchased on a standing order basis.

Additional text

The Yearbook has, since its founding, become the most important source of reference on global legal issues, which necessarily covers an enormous range of issues and more particularly developments before international tribunals."
M. Cherif Bassiouni, Global Community YILJ, Foreword, 2012 special edition.

Product details

• Authors: Giuliana Ziccardi Capaldo, Giuliana (Emeritus Professor of Ziccardi Capaldo, Professor Giuliana (University o Ziccardi Capaldo
• Assisted by: Giuliana Ziccardi Capaldo (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 31.08.2019
• EAN: 9780190072506
• ISBN: 978-0-19-007250-6
• No. of pages: 992
• Series: Global Community: Yearbook of International Law & Jurisprudence; Global Community: Yearbook of
• Subject: Social sciences, law, business > Law > International law, foreign law