The Global Community Yearbook of International Law and Jurisprudence 2015

General editor Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

Includes three introductory essays by expert contributors focus on prominent and timely issues in international law, including: contemporary human rights theory, tutelary intervention, and global governance.
Assesses the relationship between the International Court of Justice (ICJ) and the courts of Human Rights; the International Criminal Tribunals; and the European Courts.
A court-by-court tour of the major international tribunals' work over the past year presents both expert commentary and selections from the original text of pertinent court opinions.
Provides researchers with expert commentary and often difficult to find primary source material related to specific regional courts and other organizational tribunals from around the world.

The Global Community Yearbook of International Law and Jurisprudence 2015

General editor Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

Description

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 2015 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 U.N.-based tribunals and regional courts. The 2015 edition continues to provide expert coverage of the Court of Justice of the European Union, and diverse tribunals from the criminal tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the fusion of eastern and western civil disobedience to the concept of jus cogens. Included in the 2015 edition, researchers will find detailed guidance on a rich diversity of legal topics, from the concept of universal jurisdiction over international crimes and the increased push for transparency in resolution of international economic disputes to the issue of religion and multiculturalism in Europe through a focus on Islam. This edition also provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates.

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

The Global Community Yearbook of International Law and Jurisprudence 2015

General editor Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

TABLE OF CONTENTS
Aims & Scope
Outline of the Sections
Editorial
Global Law as a Constitutional Phenomenon, Giuliana Ziccardi Capaldo
PART 1: ARTICLES
The Decay of Modern Customary International Law in Spite of Scholarly Heroism, Jean d'Aspremont
Globalization's Law: Transnational, Global or Both?, Frank J. Garcia
Are Those Norms Truly Peremptory? With Special Reference to Human Rights Law and International Humanitarian Law, Rafael Nieto-Navia
UN War Crimes Commission and International Law: Revisiting World War II Precedents and Practice, Dan Plesch, Thomas G. Weiss & Leah Owen
PART 2: NOTES AND COMMENTS
From Totus Orbis to Global Law, Pablo Antonio Fernández Sánchez
East Meets West in Civil Disobedience Theory and Beyond: Lessons From Mohandas K. Gandhi & Martin Luther King, Jr., Karen C. Sokol
PART 3: IN FOCUS-Global Policies and Law
Human Rights and the Politics of Religious Freedom in Europe, Jeffrey Haynes
Win-Win Formula for Reforming the UN Security Council, Vesselin Popowski
Balancing Competing Interests and Values: Drone Strikes as National Policy but International Crime?, Ramesh Thakur
Appendix of the Section-Topics Covered in the Previous Issues (2008-2014)
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-HUMAN RIGHTS LAW-The Relationship Between Courts of Human Rights and Their Relationship with the ICJ or Another International Court or Arbitral Tribunal
II.1 A Human Right to a Clean Environment: A Reappraisal, Malgosia Fitzmaurice
II.2 Enhancing a Principled Justificatory Model of Adjudication for the Protection of Human Rights in the Socio-Economic Sphere: The Impact of the European Social Charter on the Case Law of the European Court of Human Rights, Francesco Seatzu
III. Module-ECONOMIC AND FINANCIAL LAW-The Relationship Between International Judicial Bodies in Economic Matters and Their Relationship with the ICJ or Another International Court or Arbitral Tribunal
III.1 Pressure for Transparency and the Use of Arbitration Mechanisms in Internationsl Economic Dispute Resolution, Joanna Jemielniak
IV. Module-INTERNATIONAL AND DOMESTIC LAW-The Relationship between International Courts and Domestic Courts
IV.1 Universal Jurisdiction over International Crimes and Gross Human Rights Violations: The Role of the Principle of Subsidiarity, Cedric Ryngaert
PART 5 DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2014
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
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. INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
VI.1 INTRODUCTORY NOTE, Geert-Jan Alexander Knoops
VI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
VII. COURT OF JUSTICE OF THE EUROPEAN UNION
VII.1 INTRODUCTORY NOTE, Francesco Seatzu
VII.2 GENERAL COURT
VII.2.1 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
VII.3 COURT OF JUSTICE
VII.3.1 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
VIII. EUROPEAN COURT OF HUMAN RIGHTS
VIII.1 INTRODUCTORY NOTE, Adriana Fillol Mazo & Ana Cristina Gallego Hernández
VIII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
IX. INTER-AMERICAN COURT OF HUMAN RIGHTS
IX.1 INTRODUCTORY NOTE, Humberto Antonio Sierra-Porto
IX.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
X. INTERNATIONAL CENTER FOR SETTLEMENT OF INVESTMENT DISPUTES
X.1 INTRODUCTORY NOTE, August Reinisch
X.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
PART 6 RECENT LINES OF INTERNATIONALIST THOUGHT

The Unapologetic Integration of Ethics: Stakeholder Realignments in the Light of Global Law and Shared Governance Doctrine. Distilling the Essence of Giuliana Ziccardi Capaldo's Jurisprudential Paradigm-Shifts, Anja Matwijkiw & Bronik Matwijkiw
Recent Practice with Regard to the Optional Clause. An Assessment, John G. Merrills
INDICES

The Global Community Yearbook of International Law and Jurisprudence 2015

General editor Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

Author Information

General editor Giuliana Ziccardi Capaldo, Emeritus Professor, University of Salerno

Emeritus Professor Giuliana Ziccardi Capaldo is an internationally recognized expert in international law generally and in international criminal law specifically. She is included among the prominent internationalists, who gave significant contributions to the matter, in Who's Who in Public International Law. She is a member of the Editorial Board of the International Criminal Law Series. In addition to her work as professor at the University of Salerno and as General Editor of The Global Community Yearbook of International Law and Jurisprudence, she has edited a Repertory of Decisions of the International Court of Justice (1947-1992) and has authored numerous articles and books, among them a monograph whose English title, in translation, would be International Terrorism & Collective Security.

Contributors:

EDITORIAL BOARD
M. CHERIF BASSIOUNI DePaul University College of Law, Chicago; 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 University of Bologna; JOHN G. MERRILLS University of Sheffield; RAFAEL NIETO NAVIA Pontificia Universidad Javeriana of Bogotà; 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; GUIGUO WANG Tulane University, New Orleans.

ADVISORY BOARD
MOHAMMED BEDJAOUI United Nations; MOHAMED BENNOUNA International Court of Justice, The Hague; ARMIN VON BOGDANDY Goethe University, Frankfurt; 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, New York; FLORENTINO P. FELICIANO University of the Philippines; UMBERTO LEANZA University of Rome Tor Vergata; FRANCO MOSCONI University of Pavia; SHIGERU ODA Tohoku University, Tokyo; PASQUALE PAONE University of Rome Tor Vergata; JOSÉ ANTONIO PASTOR RIDRUEJO Complutense University of Madrid; NICHOLAS ONUF Florida International University; FAUSTO POCAR University of Milan; GEORG RESS Jacobs University Bremen, Germany; 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; TULLIO TREVES University of Milan; JOE VERHOEVEN University of Paris II Panthéon-Assas; PHILIPPE WECKEL University of Nice Sophia-Antipolis; THOMAS G. WEISS City University of New York

The Global Community Yearbook of International Law and Jurisprudence 2015

General editor Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

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. "