The Global Community Yearbook of International Law and Jurisprudence 2017
Publication Date: 16 November 2018
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 2017 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of both UN-based tribunals and regional courts. The 2017 edition 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. It also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the erosion of the postwar liberal global order by national populism and the accompanying disorder in global politics, a bifurcated global nuclear order due to the Nuclear Non-proliferation Treaty and the Nuclear Weapons Prohibition Treaty, and the expansion of the principle of no-impunity and its application to serious violations of social and economic rights. New to the 2017 edition, the author of the article in Recent Lines of International Thought will now talk about their own work as a Scholar/Judge. In addition, this edition memorializes the late M. Cherif Baasiouni. 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.
Table of Contents
Aims & Scope
Outline of the Parts
Getting to a Global Constitution Expanding Human Rights Law: The Application of the No-Impunity Principle to Tax Fraud Offences, Giuliana Ziccardi Capaldo.
M. Cherif Bassiouni (1937-2017), Anja Matwijkiw & Bronik Matwijkiw.
PART 1: ARTICLES
The Decline of the Liberal Global Order and the Revival of Nationalism, Yale H. Ferguson and Richard W. Mansbach.
A Bifurcated Global Nuclear Order: Thou May vs. Thou Shall Not Possess or Use Nuclear Weapons, Ramesh Thakur.
PART 2: NOTES AND COMMENTS
Normatividad Internacional en Colisión con la Norma Fundamental del Derecho Internacional/International Normativity in Collision with International Law’s Constitution, Luis A. López Zamora.
Bahrain Anno 2017: Peace or Regime-Change? The Ongoing Human Rights Dilemma and the Ethics Pillar as a Measurement, Anja Matwijkiw & Bronik Matwijkiw.
PART 3: IN FOCUS – GLOBAL POLICIES AND LAW
Rise and Shine: The No Harm Principle’s Increasing Relevance for the Global Community, Jelena Bäumler
Global Migration Governance: Beyond Coordination and Crises, Nicholas R. Micinski &Thomas G. Weiss.
Appendix of the Part – Topics Covered in the Previous Issues (2008-2016)
PART 4: FORUM – JURISPRUDENTIAL CROSS-FERTILIZATION: AN ANNUAL OVERVIEW
I. Introductory Module – MISSION AND CONCEPTS
I.1 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 International Human Rights Law in the Reparation Practice of the Extraordinary Chambers in the Courts of Cambodia, Juan-Pablo Perez-Leon-Acevedo.
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 Human Dignity as the Foundation for the Democratic Rule of Law: J.C. Hernandez v J. Mesa Jr. 582 U. S. (2017) as an Illustrative Case, Sonja C. Grover.
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 Dual Provisional Measures Prescribed by the ITLOS and Annex VII Arbitral Tribunal: Reflections on the ‘Enrica Lexie’ Incident Case, Yoshifumi Tanaka.
PART 5: DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2016
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 MALI
IV.2.2 SITUATION IN THE CENTRAL AFRICAN REPUBLIC
IV.2.3 SITUATION IN UGANDA
IV.2.4 SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
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, Francesco Seatzu.
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, Roberto F. Caldas.
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
PART 6: RECENT LINES OF INTERNATIONALIST THOUGHT
The Construction of a Humanized International Law, Antônio Augusto Cançado Trindade.
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.
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
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 VERHOEVEN University of Paris II Panthéon-Assas; PHILIPPE WECKEL University of Nice Sophia-Antipolis
Reviews and Awards
“A very useful new publication, one that retains its focus on relevant global developments in international law while being extensive in the issues it covers, and this makes it different from other similar publications.” Malgosia Fitzmaurice, Non-State Actors and International Law, Review, 2002 Edition.
“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.