Global Community Yearbook of International Law and Jurisprudence 2019 - 201

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 2019 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 International Residual Mechanism for Criminal Tribunals (MICT), 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: a judicial knowledge sharing process as a tool for courts working together in a universal constitutional structure; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN compact for the safe, orderly and regular migration on international law. 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.

List of contents

• Aims and Scope


• Outline of the Parts


• EDITORIAL


• Some Reflections on the Forthcoming Centenary of the Statute of the Hague Court (PCIJ and ICJ), Antônio Augusto Cançado Trindade.


• A 'Knowledge-Sharing Dialogue' as a Method to Interpret and Disseminate Global Law: A Pilot Project of Global Judicial Dialogue, Giuliana Ziccardi Capaldo.


• PART 1: ARTICLES


• When Practice Doesn't Make Perfect: The Responsibility to Protect in Lived Reality, Alex J. Bellamy.


• The Global Environment Outlook and Its Implications for International Law: Is Law Increasingly Falling Behind?, Joyeeta Gupta and Üsame Ceylan.


• The Bell of Görgülü Cannot Be Unrung-Can It?, Helen Keller and Reto Walther.


• PART 2: NOTES AND COMMENTS


• Complex Intersections: Law, War and Justice in Defense of Israel, Louis René Beres.


• PART 3: IN FOCUS - GLOBAL POLICIES AND LAW


• The Legal Status of Decisions by Human Rights Treaty Bodies: Authoritative Interpretations or mission éducatrice?, Leonardo Borlini andLuigi Crema.


• Enhancing Civilian Risk Mitigation by Expanding the Commander's Information Aperture, Geoffrey S. Corn and Michael W. Meier.


• The UN Global Compact for Safe, Orderly and Regular Migration: What does it Mean in International Law?, Elspeth Guild and Raoul Wieland.


• The Role of ICJ Procedure in the Emergence and Evolution of Erga Omnes Obligations, Ravindra Pratap.


• Appendix of the Part - Topics Covered in the Previous Issues (2008-2018)


• 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.1 The Extraordinary Chambers in the Courts of Cambodia: Politics and Ethics in Victim Recognition and Rape Prosecution, Mikkel Jarle Christensen, Caroline Fournet, Astrid Kjeldgaard-Pedersen, Bronik Matwijkiw and Anja Matwijkiw.


• III. 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


• III.1 Reflections on the M/V "Norstar" Case Before the International Tribunal for the Law of the Sea, Yoshifumi Tanaka.


• IV. Module-INTERNATIONAL AND DOMESTIC LAW-The Relationship Between International and Domestic Courts


• IV.1 Europe at the Crossroad: The Regulatory Conundrum to Face the Raise and Amplification of False Content in Internet, Oreste Pollicino, Giovanni De Gregorio, Laura Somaini.


• PART 5: DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2018


• I. INTERNATIONAL COURT OF JUSTICE


• I.1 INTRODUCTORY NOTE.


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


• II. WTO DISPUTE SETTLEMENT SYSTEM


• II.1 INTRODUCTORY NOTE, Joanna Gomula.


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


• III. INTERNATIONAL CRIMINAL COURT


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


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


• III.2.1 SITUATION IN THE CENTRAL AFRICAN REPUBLIC


• IV.2.2 SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO


• IV. INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS (MICT)


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


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


• V. COURT OF JUSTICE OF THE EUROPEAN UNION


• V.1 INTRODUCTORY NOTE, Antonio Tizzano.


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


• VI. EUROPEAN COURT OF HUMAN RIGHTS


• VI.1 INTRODUCTORY NOTE, Guido Raimondi.


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


• VII. INTER-AMERICAN COURT OF HUMAN RIGHTS


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


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


• VIII. AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS


• VIII.1 INTRODUCTORY NOTE, Frans Viljoen.


• 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


• XI. INTERNATIONAL ADMINISTRATIVE TRIBUNALS


• XI.1 INTRODUCTORY NOTE, Francesco Seatzu.


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


• PART 6: RECENT LINES OF INTERNATIONALIST THOUGHT


• The Dual Face of Sovereignty: Contradictions of Coercion in International Law, Hans Köchler.

About the author

Giuliana Ziccardi Capaldo, Emeritus Professor, is internationally renowned as a pioneer of global law. As the architect of the integrative approach, in her book The Pillars of Global Law she 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. In addition to her impressive Repertory of Decisions of the International Court of Justice (1947-1992), she is the author or editor of some 45 books and numerous academic journal articles. 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. Her proudest accomplishment is having founded in 2001 The Global Community Yearbook of International Law and Jurisprudence, of which she is General Editor.

Summary

The 2019 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.

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 (EDT) Capaldo
• Assisted by: Giuliana Ziccardi Capaldo (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 31.10.2020
• EAN: 9780197513552
• ISBN: 978-0-19-751355-2
• No. of pages: 912
• Series: Global Community: Yearbook of International Law & Jurisprudence; Global Community: Yearbook of
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / International, LAW / Jurisprudence, International Law, Jurisprudence & general issues, Jurisprudence and general issues