The Global Community
Yearbook of International Law and Jurisprudence 2021
Samenvatting
The Global Community Yearbook on International Law and Jurisprudence 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 Emeritus 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 2021 edition 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, human rights courts (ECtHR, IACtHR, ACtHPR), criminal tribunals such as the International Criminal Court and the International Residual Mechanism for Criminal Tribunals, to economically based tribunals such as ICSID and the WTO dispute settlement system. In addition to an in memoriam to Antônio Augusto Cançado Trindade, 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, as well as a special section which provides a study of migratory flows between Colombia and Venezuela and the impact of the COVID-19 pandemic, and the impact the COVID-19 has had on China's Belt and Road Initiative. 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.
Specificaties
Inhoudsopgave
Outline of the Parts
IN MEMORIAM
Antônio Augusto Cançado Trindade's Vision for the Humanization of International Law and the Realization of Justice—A Note of Gratitude, Giuliana Ziccardi Capaldo
EDITORIAL
Note from the General Editor, Giuliana Ziccardi Capaldo
PART 1: ARTICLES
Vulnerability, Sami Identity, and the Law, Malgosia Fitzmaurice & Felicity G. Attard
The Possibility of the Human Right to Environment-From a Viewpoint of Legal Philosophy, Ko Hasegawa
PART 2: NOTES AND COMMENTS
Power, Immortality and International Law, Louis René Beres
No Case to Answer Procedure Within the ICC Legal Guardian of the Accused’s Fundamental Rights, Geert-Jan Alexander Knoops
L’Epuisement des Recours Internes Est-il une Condition de Fond, de Procédure ou les Deux à la Fois?, Robert Kolb
Bahrain’s 2011-2021 Anniversary: A Decade of Abandonment, Anja Matwijkiw, Bronik Matwijkiw & Lisa Nordbring
PART 3: IN FOCUS — GLOBAL POLICIES AND LAW
Addressing Member State Deviations from EU Foundational Values and the Rule of Law, Vivian Grosswald Curran
SPECIAL TOPICS
I. COVID-19— PANDEMICS/ EPIDEMICS AND GLOBAL POLICIES
Migratory Flows Between Colombia and Venezuela Since 1950: The Impact of the Covid-19 Pandemic, Héctor Olasolo, Mario Urueña-Sánchez & María Paula López Velásquez
II. THE BELT AND ROAD INITIATIVE (BRI)
Covid-19, the Belt and Road Initiative, Tianxia/the Chinese Universe, and Universal Human Rights, Xiaoqing Diana Lin
Appendix of the Part —Topics Covered in the Previous Issues (2008- 2020)
PART 4: FORUM—JURISPRUDENTIAL CROSS-FERTILIZATION: AN ANNUAL OVERVIEW
I. Module—HUMAN RIGHTS LAW—The Relationship Between Courts of Human Rights and their Relationship with the ICJ or Another International Court or Arbitral Tribunal
I.1 International Human Rights Law in International and Hybrid Criminal Courts and Tribunals, Juan-Pablo Pérez-León-Acevedo
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 Beyond Classic Core Crimes: International Criminal Law for the Protection of Mankind–Economic and Environmental Crimes as International Crimes, Marc Engelhart & Suncana Roksandic
PART 5: DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2020
I. INTERNATIONAL COURT OF JUSTICE
I.1 INTRODUCTORY NOTE, Robert Kolb & Momchil Milanov
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, Yoshifumi Tanaka
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 and Sara Pedroso
IV.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Anna Buono, Caterina Tuosto)
IV.2.1 SITUATION IN THE STATE OF PALESTINE
IV.2.2 SITUATION IN LIBYA
IV.2.3 SITUATION IN THE ISLAMIC REPUBLIC OF AFGHANISTAN
IV.2.4 SITUATION IN THE REPUBLIC OF MALI
V. INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS
V.1 INTRODUCTORY NOTE, Rafael Nieto-Navia
VI. COURT OF JUSTICE OF THE EUROPEAN UNION
VI.1 INTRODUCTORY NOTE, Koen Lenaerts
VI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Raffaella Cetrulo, Simona Fanni, Eirini Pantelodimou, Carmine Renzulli, Daniela Rodríguez Bautista, Roberto Soprano)
VII. EUROPEAN COURT OF HUMAN RIGHTS
VII.1 INTRODUCTORY NOTE, Robert Spano
VII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Mikayla Amber Brier-Mills, Ana Cristina Gallego Hernández, Yolanda Gamarra, Lucía Ione Padilla Espinosa, Antonio-Jesus Rodríguez-Redondo, 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 (Yolanda Gamarra, Antonio-Jesus Rodríguez-Redondo, Ángel Tinoco Pastrana)
IX. AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS
IX.1 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Adriana Fillol Mazo, Juan Francisco Moreno-Domínguez, Antonio-Jesus Rodríguez-Redondo)
X. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
X.1 INTRODUCTORY NOTE, August Reinisch and Johannes Tropper
X.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Johannes Tropper )
XI.PERMANENT COURT OF ARBITRATION
XI.1 INTRODUCTORY NOTE, Patrícia Galvão Teles, João Gil Antunes & Rita Guerreiro Teixeira
XI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (João Gil Antunes, Rita Guerreiro Teixeira)
XII.INTERNATIONAL ADMINISTRATIVE TRIBUNALS
XII.1 INTRODUCTORY NOTE, Francesco Seatzu
XII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Simona Fanni)
PART 6: RECENT LINES OF INTERNATIONALIST THOUGHT
How to Constitute a Global Community Through International Law and Jurisprudence?, Ernst-Ulrich Petersmann
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