The Global Community Yearbook of International Law and Jurisprudence 2019

General Editor: Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

Includes articles by expert contributors who focus on prominent and timely issues in international law, including: contemporary human rights theory, global environment outlook, 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 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 2019

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 2019 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. 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) to 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 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 such as: a judicial knowledge sharing process as a tool for courts working together in a universal constitutional structure; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN compact for the safe, orderly and regular migration on international law. 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. 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.

The Global Community Yearbook of International Law and Jurisprudence 2019

General Editor: Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

Aims & Scope
Outline of the Parts
EDITORIAL
Some Reflections on the Forthcoming Centenary of the Statute of the Hague Court (PCIJ and ICJ), Antônio Augusto Cançado Trindade.
A 'Knowledge-Sharing Dialogue' as a Method to Interpret and Disseminate Global Law: A Pilot Project of Global Judicial Dialogue, Giuliana Ziccardi Capaldo.
PART 1: ARTICLES
When Practice Doesn't Make Perfect: The Responsibility to Protect in Lived Reality, Alex J. Bellamy.
The Global Environment Outlook and Its Implications for International Law: Is Law Increasingly Falling Behind?, Joyeeta Gupta & Üsame Ceylan.
The Bell of Görgülü Cannot Be Unrung-Can It?, Helen Keller & Reto Walther.
PART 2: NOTES AND COMMENTS
Complex Intersections: Law, War and Justice in Defense of Israel, Louis René Beres.
PART 3: IN FOCUS - GLOBAL POLICIES AND LAW
The Legal Status of Decisions by Human Rights Treaty Bodies: Authoritative Interpretations or mission éducatrice?, Leonardo Borlini &Luigi Crema.
Enhancing Civilian Risk Mitigation by Expanding the Commander's Information Aperture, Geoffrey S. Corn & Michael W. Meier.
The UN Global Compact for Safe, Orderly and Regular Migration: What does it Mean in International Law?, Elspeth Guild & Raoul Wieland.
The Role of ICJ Procedure in the Emergence and Evolution of Erga Omnes Obligations, Ravindra Pratap.
Appendix of the Part - Topics Covered in the Previous Issues (2008-2018)
PART 4: FORUM - JURISPRUDENTIAL CROSS-FERTILIZATION: AN ANNUAL OVERVIEW
I. Introductory Module - MISSION AND CONCEPTS
I.1 The Continuity of 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 The Extraordinary Chambers in the Courts of Cambodia: Politics and Ethics in Victim Recognition and Rape Prosecution, Mikkel Jarle Christensen, Caroline Fournet, Astrid Kjeldgaard-Pedersen, Bronik Matwijkiw & Anja Matwijkiw.
III. 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
III.1 Reflections on the M/V "Norstar" Case Before the International Tribunal for the Law of the Sea, Yoshifumi Tanaka.
IV. Module-INTERNATIONAL AND DOMESTIC LAW-The Relationship Between International and Domestic Courts
IV.1 Europe at the Crossroad: The Regulatory Conundrum to Face the Raise and Amplification of False Content in Internet, Oreste Pollicino, Giovanni De Gregorio, Laura Somaini.
PART 5: DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2018
I. INTERNATIONAL COURT OF JUSTICE
I.1 INTRODUCTORY NOTE.
I.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
II. WTO DISPUTE SETTLEMENT SYSTEM
II.1 INTRODUCTORY NOTE, Joanna Gomula.
II.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
III. INTERNATIONAL CRIMINAL COURT
III.1 INTRODUCTORY NOTE, Geert-Jan Alexander Knoops.
III.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
III.2.1 SITUATION IN THE CENTRAL AFRICAN REPUBLIC
IV.2.2 SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
IV. INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS (MICT)
IV.1 INTRODUCTORY NOTE, Rafael Nieto-Navia.
IV.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
V. COURT OF JUSTICE OF THE EUROPEAN UNION
V.1 INTRODUCTORY NOTE, Antonio Tizzano.
V.2. LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
VI. EUROPEAN COURT OF HUMAN RIGHTS
VI.1 INTRODUCTORY NOTE, Guido Raimondi.
VI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
VII. INTER-AMERICAN COURT OF HUMAN RIGHTS
VII.1 INTRODUCTORY NOTE, Eduardo Ferrer Mac-Gregor Poisot.
VII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
VIII. AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS
VIII.1 INTRODUCTORY NOTE, Frans Viljoen.
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
X. PERMANENT COURT OF ARBITRATION
X.1 INTRODUCTORY NOTE, Diego Mejía-Lemos.
X.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
XI. INTERNATIONAL ADMINISTRATIVE TRIBUNALS
XI.1 INTRODUCTORY NOTE, Francesco Seatzu.
XI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW
PART 6: RECENT LINES OF INTERNATIONALIST THOUGHT
The Dual Face of Sovereignty: Contradictions of Coercion in International Law, Hans Köchler.

The Global Community Yearbook of International Law and Jurisprudence 2019

General Editor: Giuliana Ziccardi Capaldo

Global Community: Yearbook of International Law and Jurisprudence

Author Information

General Editor: Giuliana Ziccardi Capaldo, Emeritus Professor of International Law, University of Salerno

Giuliana Ziccardi Capaldo, Emeritus Professor, is internationally renowned as a pioneer of global law. As the architect of the integrative approach, in her book The Pillars of Global Law 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), she is the author or editor of some 45 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.

Contributors:

EDITORIAL BOARD
ANTÔNIO AUGUSTO CANÇADO TRINDADE International Court of Justice, The Hague; EDUARDO FERRER MAC-GREGOR POISOT Inter-American Court of Human Rights, San José; JOANNA GOMULA University of Cambridge; GEERT-JAN ALEXANDER KNOOPS University of Amsterdam; ANJA MATWIJKIW Indiana University Northwest; ANJA MATWIJKIW Indiana University, Northwest; RAFAEL NIETO-NAVIA Pontificia Universidad Javeriana of Bogotà; NICHOLAS ONUF Florida International University; ERNST-ULRICH PETERSMANN European University Institute, Florence; AUGUST REINISCH University of Vienna; WILLIAM A. SCHABAS National University of Ireland, Galway; RAMESH THAKUR Australian National University, Canberra; TULLIO TREVES University of Milan; FRANS VILJOEN Centre for Human Rights, University of Pretoria; 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-Institute, Heidelberg; ROBERTO F. CALDAS Inter-American Court of Human Rights, San José; HUGO CAMINOS University of Buenos Aires; ANTONIO CAPALDO Federico II University of Naples; 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; DIEGO GARCÍA-SAYÁN Inter-American Court of Human Rights, San José; SHI JIUYONG Foreign Affairs College, Beijing; UMBERTO LEANZA University of Rome Tor Vergata; PAOLO MENGOZZI Court of Justice of the European Union, Luxemburg; FRANCO MOSCONI University of Parma; SHIGERU ODA Tohoku University, Tokyo; JOSÉ ANTONIO PASTOR RIDRUEJO Complutense University of Madrid; FAUSTO POCAR University of Milan; GUIDO RAIMONDI, European Court of Human Rights, Strasbourg; 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; HUMBERTO ANTONIO SIERRA PORTO Inter-American Court of Human Rights, San José; 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 2019

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. "