The Global Community Yearbook of International Law and Jurisprudence 2017 (eBook, PDF)

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 920
• Erscheinungstermin: 19. Oktober 2018
• Englisch
• ISBN-13: 9780190923853
• Artikelnr.: 70928210

Autorenporträt

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.

Inhaltsangabe

* Aims and Scope
* Outline of the Parts
* EDITORIAL
* Getting to a Global Constitution Expanding Human Rights Law: The
Application of the No-Impunity Principle to Tax Fraud Offences,
Giuliana Ziccardi Capaldo.
* IN MEMORIAM
* M. Cherif Bassiouni (1937-2017), Anja Matwijkiw and 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 and
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 andThomas 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.
* INDICES