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The Global Community Yearbook of International Law and Jurisprudence 2018

The Global Community Yearbook of International Law and Jurisprudence 2018

9780190072506

The Global Community Yearbook of International Law and Jurisprudence 2018

General Editor: Giuliana Ziccardi Capaldo

ISBN: 9780190072506 (Hardcover)
Publicado: 13 September 2019
Páginas: 992

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

CONTENIDO

Aims & 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 & Bronik Matwijkiw.

A Constitutional-Driven Change of Heart ISP Liability, AI and the Digital Single Market, Oreste Pollicino & 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. DS 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.

AUTORES

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.

Contributors:

EDITORIAL BOARD
ROBERTO F. CALDAS Inter-American Court of Human Rights, San José; ANTÔNIO AUGUSTO CANÇADO TRINDADE International Court of Justice, The Hague; JOANNA GOMULA University of Cambridge; GEERT-JAN ALEXANDER KNOOPS University of Amsterdam; ANJA MATWIJKIW Indiana University Northwest; PAOLO MENGOZZI Court of Justice of the European Union; JOHN G. MERRILLS University of Sheffield; RAFAEL NIETO-NAVIA Pontificia Universidad Javeriana of Bogotà; NICHOLAS ONUF Florida International University; AUGUST REINISCH University of Vienna; WILLIAM A. SCHABAS National University of Ireland, Galway; HUMBERTO ANTONIO SIERRA PORTO Inter-American Court of Human Rights, San José; RAMESH THAKUR Australian National University, Canberra; TULLIO TREVES University of Milan; GUIGUO WANG Tulane University, New Orleans; THOMAS G. WEISS City University of New York

ADVISORY BOARD
MOHAMMED BEDJAOUI United Nations; MOHAMED BENNOUNA International Court of Justice, The Hague; ARMIN VON BOGDANDY Goethe University, Frankfurt, Max-Planck-Institut, Heidelberg; HUGO CAMINOS University of Buenos Aires; ANTONIO CAPALDO Catholic University of the Sacred Heart, Milan; SERGIO MARIA CARBONE University of Genoa; CHRISTIAN DOMINICÉ University of Geneva; PIERRE MICHEL EISEMANN University of Paris I Panthéon-Sorbonne; RICHARD A. FALK Princeton University; UMBERTO LEANZA University of Rome Tor Vergata; FRANCO MOSCONI University of Parma; SHIGERU ODA Tohoku University, Tokyo; JOSÉ ANTONIO PASTOR RIDRUEJO Complutense University of Madrid; FAUSTO POCAR University of Milan; GEORG RESS Saarland University, Saarbücken; FRANCISCO REZEK University Center of Brasilia; CHRISTOS ROZAKIS University of Athens; PHILIPPE SANDS University College London; MOHAMED SHAHABUDDEEN Institut de Droit International; SHI JIUYONG Foreign Affairs College, Beijing; ANTONIO TIZZANO Court of Justice of the European Union, Luxemburg; CHRISTIAN TOMUSCHAT Humboldt University of Berlin; JOE University of Paris II Panthéon-Assas; PHILIPPE WECKEL University of Nice Sophia-Antipolis

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