The Global Community Yearbook Of International Law and Jurisprudence 2016

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 2016

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 2016 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 U.N.-based tribunals and regional courts. The 2016 edition continues to provide expert coverage of the EU Court of Justice 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, to human rights courts such as ECtHR and IACtHR. 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 the Editorial focusing on a new remedy for the violation of the jus cogens principle concerning the imprescriptibility of torture. This edition also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the role of the WTO's Appellate Body in interpreting the TRIPS Agreement and an examination of the EU Court of Justice data protection framework in light of the EU Charter of Fundamental Rights. Researchers will find detailed guidance on a rich diversity of legal topics, from an examination of the processes under which transnational criminal law norms have been adopted and the process under which these norms have been globally implemented, to the impact post-conviction DNA testing has had on the criminal justice system in the United States. This edition also provides students, scholars, and practitioners 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 2016

General editor Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

Aims & Scope
Outline of the Parts
EDITORIAL
Novelty in ECtHR Case Law on Torture, But It Is Not Enough-Reopening Domestic Proceedings to End Impunity, Giuliana Ziccardi Capaldo
PART I: ARTICLES
Post-Conviction DNA Testing, Actual Innocence, and Cold Cases: A Practitioner's Guide to Freeing the Innocent, Exhuming the Past, and Resurrecting the Truth-Making a Case for Seeking Justice over Finality, Steven W. Becker
Transnational Criminal Law and the Global Rule of Law, Valsamis Mitsilegas
PART 2: NOTES AND COMMENTS
Mainstreaming Human Rights in Euro Med Bilateral Relations: "The Road to Hell Is Paved with Good Intentions", Francesca Ippolito
Réflexions sur le Monisme et le Dualisme dans les Rapports entre Systèmes, Robert Kolb
The Zuchtvieh-Export GmbH v. Stadt Kempten Case -The Triggering of a Substantial Link to 'Export' EU Animal Welfare Law?, Anna Oriolo
Rethinking Rights in the Age of the "Anthropocene": The Potential of a Gandhian-Informed Jurisprudence for Forging Robust Environmental and Public Health Protections, Karen C. Sokol
PART 3: IN FOCUS-GLOBAL POLICIES AND LAW
Subsidies Regulation Beyond the WTO: Substance, Procedure and Policy Space in the 'New Generation' EU Trade Agreements, Leonardo Borlini
Normative Inconsistencies in the State System with Special Emphasis on International Law, Hans Köchler
Globalising Security Law for a Globalised Arms Trade, Shavana Musa
Appendix of the Part-Topics Covered in the Previous Issues (2008-2015)
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-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.
II.1 The WTO Appellate Body and the TRIPS Agreement, Daniel Gervais
III. Module-INTERNATIONAL AND DOMESTIC LAW-The Relationship Between International Courts and Domestic Courts
III.1 Bridge Is Down, Data Truck Can't Get Through...A Critical View of the Schrems Judgment in the Context of European Constitutionalism, Oreste Pollicino & Marco Bassini
PART 5: GLOBAL JUSTICE-DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2015
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, Anna Oriolo
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, Guido Raimondi
VIII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
IX. INTER-AMERICAN COURT OF HUMAN RIGHTS
IX.1 INTRODUCTORY NOTE, Roberto F. Caldas
IX.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
X. INTERNATIONAL CENTRE 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
International Legal Thought: Creation of a Tradition and the Potential of Disciplinary Self-Reflection, Thomas Kleinlein
INDICES

The Global Community Yearbook Of International Law and Jurisprudence 2016

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

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.

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 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 VERHOEVEN University of Paris II Panthéon-Assas; PHILIPPE WECKEL University of Nice Sophia-Antipolis

The Global Community Yearbook Of International Law and Jurisprudence 2016

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. "