The Global Community Yearbook of International Law and Jurisprudence 2022

Auteur
Giuliana Ziccardi Capaldo, Emeritus Professor of International Law, University of Salerno, is internationally renowned as a pioneer of global law and global community. As the architect of the integrative approach to global governance, she has offered creative solutions on the legal aspects of integrated decision-making processes. In her book The Pillars of Global Law (2008) 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), published in 1995, she is the author or editor of some 49 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.

Texte du rabat

The 2022 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.

Résumé
The Global Community Yearbook of International Law and Jurisprudence is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook is based on a cutting-edge project, unique in the panorama of international law yearbooks. Its project moves from a global perspective rather than a sectoral perspective or a spatial, national, or regional one. Its scope is that of annually monitoring the changes of international law and the transition to a global community, exploring its law (global constitutional principles), governance, and justice through a meaningful global 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 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 feature expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence; the series also serves to prepare researchers for the issues facing emerging global law. The 2022 edition both updates readers on the important work of longstanding 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 (ECJ) and diverse tribunals from the International Court of Justice (ICJ) to the International Tribunal for the Law of the Sea (ITLOS), 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, to courts of human rights (ECtHR, IACtHR, ACtHPR). This edition also examines developments in the War in Ukraine and the consequences of the proliferation of disinformation, as well as international efforts to protect the cultural heritage of vulnerable populations. Scholars also explore the evidentiary value of reports drafted by NGOs and developments in reparations modalities, among other topics. 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.

Contenu

• Contents

• Aims and Scope

• Outline of the Parts

• EDITORIAL

• Note from the General Editor

• Giuliana Ziccardi Capaldo

• OVERVIEW ESSAYS

• GRAND CHALLENGES OF OUR TIME- NUCLEAR WEAPONS THREAT

• Endgame- Obligations to Transform "Westphalian" International Law

• Louis René Beres

• Deconstructing the Struggle Against Nuclearism

• Richard Falk

• PART 1: ARTICLES

• The Contribution of the UN Treaty Bodies to Business and Human Rights

• Shane Darcy

• Algunos Comentarios Al Estudio De La Comisión De Derecho Internacional, Sobre Los Principios Generales Del Derecho

• Luis A. López Zamora

• PART 2: NOTES AND COMMENTS

• Global Legal Pluralism and the Making of International Climate Change Law

• Paul Schiff Berman

• The Court's Role in Upholding Inter- Generational Obligations Respecting the Child's Right to Truth: Juliana v. United States as a Case in Point

• Sonja C. Grover

• Information Interventions in the Twenty- First Century: Fighting Disinformation Across National Boundaries with International Information Campaigns

• Lando Kirchmair

• The Evidentiary Value of NGO and IO Reports in International Criminal Proceedings

• Geert- Jan Alexander Knoops and Sara Pedroso

• Non- compensatory Reparation Modalities in UN Legal Sources: Focus on Gross Violations of Human Rights

• Juan- Pablo Pérez- León- Acevedo

• PART 3: IN FOCUS- GLOBAL POLICIES AND LAW

• Protecting Heritage: Weighing Politics and Law

• Thomas G. Weiss

• Appendix of the Part- Topics Covered in the Previous Issues (2008- 2021)

• PART 4: FORUM- JURISPRUDENTIAL CROSS- FERTILIZATION: AN ANNUAL OVERVIEW

• I. Introductory Module- MISSION AND CONCEPTS

• I.1 Geography and Legal Culture of ICJ Judges and Their Consideration of Erga Omnes Obligations

• Ravindra Pratap

• 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 Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia): Reflections on the ICJ Judgment of 21 April 2022

• Yoshifumi Tanaka

• PART 5: GLOBAL JUSTICE- DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN 2021

• Edited by Giuliana Ziccardi Capaldo

• Systematic Classification Scheme

• I. INTERNATIONAL COURT OF JUSTICE

• I.1 INTRODUCTORY NOTE, Momchil Milanov and Robert Kolb

• I.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Giuliana Ziccardi Capaldo)

• I.2.1 Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America), Preliminary Objections, Judgment, 3 February 2021

• **Systematic Ke…