The Global Community Yearbook of International Law and Jurisprudence 2020

by Oxford University Press

Overview

The 2020 edition marks the 20th Anniversary of The Global Community Yearbook of International Law and Jurisprudence. 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 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. This anniversary edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The journal's founding editor, Professor Emeritus Giuliana Ziccardi Capaldo, in her Editorial gives a presentation of the Yearbook's intellectual trajectory, as developed from its original roots, showing intriguing prospects for a publication that aims at the very forefront of events in law, politics, ethics, and jurisprudence in a global community. 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), human rights courts (ECtHR, IACtHR, ACtHPR), 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 settlement system. This edition contains original research articles on the development and analysis of the concept of global law and the views of the leading global law theorists on the subject of globalization. This 20th anniversary edition also includes a special section which provides an interdisciplinary overview of China's Belt and Road Initiative; and an examination of the global public health order in a post-COVID-19 world. 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.

Product Details

ISBN-13:	9780197618745
Publisher:	Oxford University Press
Publication date:	01/07/2022
Series:	Global Community: Yearbook of International Law and Jurisprudence
Sold by:	Barnes & Noble
Format:	eBook
File size:	4 MB

About the Author

Giuliana Ziccardi Capaldo, Emeritus Professor of International Law, University of Salerno, is internationally renowned as a pioneer of global law and global community. As the architect of the integrative approach to global governance, she has offered creative solutions on the legal aspects of integrated decision-making processes. In her book The Pillars of Global Law (2008) 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), published in 1995, she is the author or editor of some 49 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.

Table of Contents

Aims&Scope Outline of the Parts CELEBRATION OF THE 20TH ANNIVERSARY OF THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE EDITORIAL Facing the Crisis of Global Governance - GCYILJ’s 20th Anniversary at the Intersection of Continuity and Dynamic Progress Giuliana Ziccardi Capaldo PART 1: ARTICLES The Unresolved Struggle for International Criminal Accountability: from Nuremberg to the International Criminal Court Richard Falk From Integration Through Law to Global Community Law? Between Arbitration, Adjudication and Judicial Overreach Ernst-Ulrich Petersmann The Rise of the Occupation Constitution Chris Thornhill PART 2: NOTES AND COMMENTS When Diplomatic Protests are not Enough: The Rule of Specialty, United States v. Valencia-Trujillo, and the Enigma of Prudential Standing in United States Extradition Practice Steven W. Becker Working on a Right to Health for the Digital Era Carlo Botrugno On the Origins of Human Rights in War Robert Kolb ‘Abuse of Executive Power’ versus Simply Bad Policy (or Maladministration’) and Why the Distinction Matters Sonja C. Grover PART 3: IN FOCUS — GLOBAL POLICIES AND LAW From Pandemic to Apocalypse - Nuclear War as Terminal Disease, Louis René Beres America’s Foreign Policy under Donald Trump, Richard W. Mansbach The Disruptor-In-Chief Wrecks the Nuclear Arms Control Architecture, Ramesh Thakur Responding to the Global Food Fraud Crisis: What Is the Role of Intellectual Property and Trade Law?, Graham Dutfield&Uma Suthersanen — SPECIAL TOPICS SECTION— I. COVID-19—PANDEMICS/EPIDEMICS AND GLOBAL POLICIES Globalization and Post-COVID-19 Public Health Order, Guiguo Wang II. THE BELT AND ROAD INITIATIVE (BRI) China’s “Belt and Road Initiative”: A Research Study of a Multifaceted Policy , Xiaoqing Diana Lin, Anja Matwijkiw, Bronik Matwijkiw&Su Yun Woo Appendix of the Part —Topics Covered in the Previous Issues (2008- 2019) PART 4: FORUM—JURISPRUDENTIAL CROSS-FERTILIZATION: AN ANNUAL OVERVIEW I. Introductory Module—MISSION AND CONCEPTS I.1 Contemporary International Tribunals. Jurisprudential Cross-Fertilization in Their Common Mission of Realization of Justice, Antônio Augusto Cançado Trindade II. 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 II.1 Multilateralism, Environmental Law and the Jurisprudence of International Courts and Tribunals, Malgosia Fitzmaurice III. Module—INTERNATIONAL AND DOMESTIC LAW—The Relationship Between International and Domestic Courts III.1 Regulating Mobility-as-a-Service, Oreste Pollicino Valerio Lubello&Aleksandar Stojanovic III.2 Climate Litigation as Global Law, Otto Spijkers III.3 The Three Dimensions of Rights Protection in Europe’s Multi-Layered System of Governance, Michael C. Tolley PART 5: DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2019 I. INTERNATIONAL COURT OF JUSTICE I.1 INTRODUCTORY NOTE, Antônio Augusto Cançado Trindade I.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Giuliana Ziccardi Capaldo) 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 (Emilio Sessa) III. WTO DISPUTE SETTLEMENT SYSTEM III.1 INTRODUCTORY NOTE, Joanna Gomula III.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Joanna Gomula) IV. INTERNATIONAL CRIMINAL COURT IV.1 INTRODUCTORY NOTE, Geert-Jan Alexander Knoops, Sara Pedroso IV.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Anna Buono, Caterina Tuosto) IV.2.1 SITUATION IN DARFUR IV.2.2 SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IV.2.3 SITUATION IN COTE D’IVOIRE¬ IV.2.4 SITUATION IN COMOROS¬ V. INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS V.1 INTRODUCTORY NOTE, Rafael Nieto-Navia V.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Anna Buono) VI. COURT OF JUSTICE OF THE EUROPEAN UNION VI.1 INTRODUCTORY NOTE, Antonio Tizzano VI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Federico Bianchi, Raffaella Cetrulo, Daniela Rodríguez Bautista, Eirini Pantelodimou, Carmine Renzulli, Roberto Soprano) VII. EUROPEAN COURT OF HUMAN RIGHTS VII.1 INTRODUCTORY NOTE, Linos-Alexander Sicilianos, Afroditi Gkagkatsi VII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Adriana Fillol Mazo, Ana Cristina Gallego Hernández, Yolanda Gamarra, Lucía Ione Padilla Espinosa, Juan Francisco Moreno-Domínguez, Ángel Tinoco Pastrana) VIII. INTER-AMERICAN COURT OF HUMAN RIGHTS VIII.1 INTRODUCTORY NOTE, Elizabeth Odio Benito VIII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Antonio-Jesus Rodríguez-Redondo) IX. AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS IX.1 INTRODUCTORY NOTE, Frans Viljoen IX.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Juan Francisco Moreno-Domínguez, Antonio-Jesus Rodríguez-Redondo) X. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES X.1 INTRODUCTORY NOTE, August Reinisch, Johannes Tropper X.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Johannes Tropper) XI. INTERNATIONAL ADMINISTRATIVE TRIBUNALS XI.1 INTRODUCTORY NOTE, Francesco Seatzu XI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Simona Fanni) PART 6: RECENT LINES OF INTERNATIONALIST THOUGHT Global Social Indicators, Comparison, and Commensuration: A Case-Study of Covid Rankings, David Nelken