6 janvier 2017

REVUE : The Global Community: Yearbook of International Law and Jurisprudence (vol. 2015)

Catherine MAIA

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 UN-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.



Editorial
Global Law as a Constitutional Phenomenon, Giuliana Ziccardi Capaldo


Part 1. ARTICLES

Jean D'aspremont, The Decay of Modern Customary International Law in Spite of Scholarly Heroism
Frank J. Garcia, Globalization's Law: Transnational, Global or Both?
Rafael Nieto-Navia, Are Those Norms Truly Peremptory? With Special Reference to Human Rights Law and International Humanitarian Law
Dan Plesch, Thomas G. Weiss, Leah Owen, UN War Crimes Commission and International Law: Revisiting World War II Precedents and Practice


Part 2. NOTES AND COMMENTS

Pablo Antonio Fernández Sánchez, From Totus Orbis to Global Law
Karen C. Sokol, East Meets West in Civil Disobedience Theory and Beyond: Lessons from Mohandas K. Gandhi & Martin Luther King, Jr.


Part 3. IN FOCUS-GLOBAL POLICIES AND LAW

Jeffrey Haynes, Human Rights and the Politics of Religious Freedom in Europe
Vesselin Popowski, Win-Win Formula for Reforming the UN Security Council
Ramesh Thakur, Balancing Competing Interests and Values: Drone Strikes as National Policy but International Crime?
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 Antônio Augusto Cançado Trindade, Contemporary International Tribunals: Jurisprudential Cross-Fertilization in their Common Mission of Realization of Justice
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 Malgosia Fitzmaurice, A Human Right to a Clean Environment: A Reappraisal
II.2 Francesco Seatzu, 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
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 Joanna Jemielniak, Pressure for Transparency and the Use of Arbitration Mechanisms in Internationsl Economic Dispute Resolution
IV. Module International and Domestic Law: The Relationship between International Courts and Domestic Courts
IV.1 Cedric Ryngaert, Universal Jurisdiction over International Crimes and Gross Human Rights Violations: The Role of the Principle of Subsidiarity

Part 5. DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2014 

I. International Court of Justice
I.1 John G. Merrills, Introductory Note
I.2 Legal Maxims: Summaries and Extracts from Selected Case Law
II. International Tribunal for the Law of the Sea
II.1 Tullio Treves, Introductory Note
II.2 Legal Maxims: Summaries and Extracts from Selected Case Law
III. WTO Dispute Settlement System
III.1 Joanna Gomula, Introductory Note
III.2 Legal Maxims: Summaries and Extracts from Selected Case Law
IV. International Criminal Court
IV.1 Geert-Jan Alexander Knoops, Introductory Note
IV.2 Legal Maxims: Summaries and Extracts from Selected Case Law
V. International Criminal Tribunal for the Former Yugoslavia
V.1 Rafael Nieto-Navia, Introductory Note
V.2 Legal Maxims: Summaries and Extracts from Selected Case Law
VI. International Criminal Tribunal for Rwanda
VI.1 Geert-Jan Alexander Knoops, Introductory Note
VI.2 Legal Maxims: Summaries and Extracts from Selected Case Law
VII. Court of Justice of the European Union
VII.1 Francesco Seatzu, Introductory Note
VII.2 General Court
VII.3 Court of Justice
VIII. European Court of Human Rights
VIII.1 Adriana Fillol Mazo & Ana Cristina Gallego Hernández, Introductory Note
VIII.2 Legal Maxims: Summaries and Extracts from Selected Case Law
IX. Inter-American Court of Human Rights
IX.1 Humberto Antonio Sierra-Porto, Introductory Note
IX.2 Legal Maxims: Summaries and Extracts from Selected Case Law
X. International Center For Settlement of Investment Disputes
X.1 August Reinisch, Introductory Note
X.2 Legal Maxims: Summaries and Extracts from Selected Case Law

Part 6. RECENT LINES OF INTERNATIONAL THOUGHT






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