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    The Global Community Yearbook of International Law and Jurisprudence 2020

    The Global Community Yearbook of International Law and Jurisprudence 2020 by Ziccardi Capaldo, Giuliana;

    Series: Global Community: Yearbook of International Law and Jurisprudence;

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    Product details:

    • Publisher OUP USA
    • Date of Publication 31 December 2021

    • ISBN 9780197618721
    • Binding Hardback
    • No. of pages1042 pages
    • Size 186x260x49 mm
    • Weight 1805 g
    • Language English
    • 158

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    Short description:

    The 2020 edition of The Global Community Yearbook of International Law and Jurisprudence constitutes the only thorough annual survey of major developments in international courts. General Editor Giuliana Ziccardi Capaldo selects excerpts from important court opinions, supported by contributors who provide expert guidance on those cases. The topical organization and subject index make the thorough, comprehensive content easy to navigate.

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    Long description:

    The 2020 edition marks the 20th Anniversary of The Global Community Yearbook of International Law and Jurisprudence. 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 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.

    This anniversary edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The journal's founding editor, Professor Emeritus Giuliana Ziccardi Capaldo, in her Editorial gives a presentation of the Yearbook's intellectual trajectory, as developed from its original roots, showing intriguing prospects for a publication that aims at the very forefront of events in law, politics, ethics, and jurisprudence in a global community. 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), human rights courts (ECtHR, IACtHR, ACtHPR), 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 settlement system. 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. This 20th anniversary edition also includes a special section which provides an interdisciplinary overview of China's Belt and Road Initiative; and an examination of the global public health order in a post-COVID-19 world. 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.

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    Table of Contents:

    Aims & Scope
    Outline of the Parts
    CELEBRATION OF THE 20TH ANNIVERSARY OF THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE
    EDITORIAL
    Facing the Crisis of Global Governance - GCYILJ’s 20th Anniversary at the Intersection of Continuity and Dynamic Progress
    Giuliana Ziccardi Capaldo
    PART 1: ARTICLES
    The Unresolved Struggle for International Criminal Accountability: from Nuremberg to the International Criminal Court
    Richard Falk
    From Integration Through Law to Global Community Law? Between Arbitration, Adjudication and Judicial Overreach
    Ernst-Ulrich Petersmann
    The Rise of the Occupation Constitution
    Chris Thornhill
    PART 2: NOTES AND COMMENTS
    When Diplomatic Protests are not Enough: The Rule of Specialty, United States v. Valencia-Trujillo, and the Enigma of Prudential Standing in United States Extradition Practice
    Steven W. Becker
    Working on a Right to Health for the Digital Era
    Carlo Botrugno
    On the Origins of Human Rights in War
    Robert Kolb
    ‘Abuse of Executive Power’ versus Simply Bad Policy (or Maladministration’) and Why the Distinction Matters
    Sonja C. Grover
    PART 3: IN FOCUS — GLOBAL POLICIES AND LAW
    From Pandemic to Apocalypse - Nuclear War as Terminal Disease, Louis René Beres
    America’s Foreign Policy under Donald Trump, Richard W. Mansbach
    The Disruptor-In-Chief Wrecks the Nuclear Arms Control Architecture, Ramesh Thakur
    Responding to the Global Food Fraud Crisis: What Is the Role of Intellectual Property and Trade Law?, Graham Dutfield & Uma Suthersanen
    — SPECIAL TOPICS SECTION—
    I. COVID-19—PANDEMICS/EPIDEMICS AND GLOBAL POLICIES
    Globalization and Post-COVID-19 Public Health Order, Guiguo Wang
    II. THE BELT AND ROAD INITIATIVE (BRI)
    China’s “Belt and Road Initiative”: A Research Study of a Multifaceted Policy , Xiaoqing Diana Lin, Anja Matwijkiw, Bronik Matwijkiw & Su Yun Woo
    Appendix of the Part —Topics Covered in the Previous Issues (2008- 2019)
    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—ENVIRONMENTAL LAW, LAW OF THE SEA, GLOBAL COMMONS LAW—The Relationship Between the ITLOS and the ICJ or Another International Court or Arbitral Tribunal
    II.1 Multilateralism, Environmental Law and the Jurisprudence of International Courts and Tribunals, Malgosia Fitzmaurice
    III. Module—INTERNATIONAL AND DOMESTIC LAW—The Relationship Between International and Domestic Courts
    III.1 Regulating Mobility-as-a-Service, Oreste Pollicino Valerio Lubello & Aleksandar Stojanovic
    III.2 Climate Litigation as Global Law, Otto Spijkers
    III.3 The Three Dimensions of Rights Protection in Europe’s Multi-Layered System of Governance, Michael C. Tolley
    PART 5: DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2019
    I. INTERNATIONAL COURT OF JUSTICE
    I.1 INTRODUCTORY NOTE, Antônio Augusto Cançado Trindade
    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, Tullio Treves
    II.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Emilio Sessa)
    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, Sara Pedroso
    IV.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Anna Buono, Caterina Tuosto)
    IV.2.1 SITUATION IN DARFUR
    IV.2.2 SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
    IV.2.3 SITUATION IN COTE D’IVOIRE¬
    IV.2.4 SITUATION IN COMOROS¬
    V. INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS
    V.1 INTRODUCTORY NOTE, Rafael Nieto-Navia
    V.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Anna Buono)
    VI. COURT OF JUSTICE OF THE EUROPEAN UNION
    VI.1 INTRODUCTORY NOTE, Antonio Tizzano
    VI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Federico Bianchi, Raffaella Cetrulo, Daniela Rodríguez Bautista, Eirini Pantelodimou, Carmine Renzulli, Roberto Soprano)
    VII. EUROPEAN COURT OF HUMAN RIGHTS
    VII.1 INTRODUCTORY NOTE, Linos-Alexander Sicilianos, Afroditi Gkagkatsi
    VII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Adriana Fillol Mazo, Ana Cristina Gallego Hernández, Yolanda Gamarra, Lucía Ione Padilla Espinosa, Juan Francisco Moreno-Domínguez, 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 (Antonio-Jesus Rodríguez-Redondo)
    IX. AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS
    IX.1 INTRODUCTORY NOTE, Frans Viljoen
    IX.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Juan Francisco Moreno-Domínguez, Antonio-Jesus Rodríguez-Redondo)
    X. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
    X.1 INTRODUCTORY NOTE, August Reinisch, Johannes Tropper
    X.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Johannes Tropper)
    XI. INTERNATIONAL ADMINISTRATIVE TRIBUNALS
    XI.1 INTRODUCTORY NOTE, Francesco Seatzu
    XI.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Simona Fanni)
    PART 6: RECENT LINES OF INTERNATIONALIST THOUGHT
    Global Social Indicators, Comparison, and Commensuration: A Case-Study of Covid Rankings, David Nelken

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