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The Global Community Yearbook of International Law and Jurisprudence 2018$

Giuliana Ziccardi Capaldo

Print publication date: 2019

Print ISBN-13: 9780190072506

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780190072506.001.0001

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(p.xvii) Outline of the Parts

(p.xvii) Outline of the Parts

Source:
The Global Community Yearbook of International Law and Jurisprudence 2018
Author(s):
Giuliana Ziccardi Capaldo
Publisher:
Oxford University Press

The Yearbook is structured into the following parts:

Articles

This part is devoted to significant doctrinal contributions to international legal theory and gives priority to works dealing with changes in the rules and structure of the international community. The aim is to follow the development of the international legal order and the building of the global community heralded at the end of the second millennium. This part is at all times open to report on fresh developments and to debate new, and other contradictory, trends.

Notes and Comments

This part contains short articles on current issues in international/global law. In line with the Yearbook’s orientation, comments addressing international case law are given precedence.

In Focus

Beginning with the 2008 issue, the Yearbook includes a part entitled “In Focus—Global Policies and Law,” exploring the globalization of politics, communication, economics, culture, and the environment, while identifying objectives, programmes, models, public policy choices and emerging global policies, and considering some of the major issues and challenges facing the world as a whole, in an attempt to enhance the coordination and harmonization of norms and procedures and the implementation of global law.

Forum—Jurisprudential Cross-Fertilization: An Annual Overview

Beginning with the 2010 issue, the Yearbook includes a new part, aiming to compare and analyse the interconnections between the decisions of international courts and tribunals, as a way of exploring and examining judicial dialogue and the development of common legal principles and concepts in all branches of international law.

(p.xviii) To this end we have chosen to focus on the areas of international law in which different international courts operate; therefore, this part consists of seven modules corresponding to the areas listed below (in addition, an introductory module has been added to illustrate key concepts):

Introductory Module. MISSION AND CONCEPTS

  • Module I. CRIMINAL LAW—The Relationship Between International Criminal Tribunals and their Relationship with the ICJ or Another International Court or Arbitral Tribunal.

  • Module II. EUROPEAN LAW—The Relationship Between the European Courts and their Relationship with the ICJ or Another International Court or Arbitral Tribunal.

  • Module III. HUMAN RIGHTS LAW—The Relationship Between Courts of Human Rights and their Relationship with the ICJ or Another International Court or Arbitral Tribunal.

  • Module IV. 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.

  • Module V. INVESTMENT LAW—The Relationship Between the ICSID Tribunals and the ICJ or Another International Court or Arbitral Tribunal.

  • Module VI. ENVIRONMENTAL LAW, LAW OF THE SEA, GLOBAL COMMONS LAW—The Relationship Between the ITLOS and the ICJ or Another International Court or Arbitral Tribunal.

  • Module VII. INTERNATIONAL AND DOMESTIC LAW—The Relationship Between International Courts and Domestic Courts.

The aim is to identify the emergence of common rules (substantial and procedural) in the various contexts. In each area eminent international law scholars will carry out an analysis of the points of convergence and divergence not just between the decisions handed down by courts operating in the same area but also between the decisions of tribunals and international courts operating in other areas, dealing with different matters, examining the coherence (or lack thereof) of their jurisprudence when they apply the same international norms, also of a customary law nature. In comparing the decisions of the various tribunals, a constant element will be the reference to the International Court of Justice and the way the decisions of other international tribunals relate to its jurisdiction. However, not all the modules will be offered annually but only whenever there are developments in each of them that will be interesting to note.

The Yearbook is the first academic journal to present an annual overview of the process of cross-fertilization between courts, based on the drafting and systematic classification of legal maxims (i.e., points of law decided by various international courts) in the part entitled “Global Justice—Decisions of International Courts and Tribunals.” A comprehensive and complete survey by eminent international law scholars exploring, evaluating and documenting this process has the potential to enhance our contribution and thus further guide our understanding of how to reduce conflicts and create an effective exchange of legal reasoning between different courts. The aim is to promote a favourable environment for the courts to advance the process of judicial cooperation with a view to the possible harmonization of legal principles governing the global community.

Global Justice—Decisions of International Courts and Tribunals

The decisions of international courts and tribunals receive ample coverage in the Yearbook, reflecting their recognized importance for the development of international law.

(p.xix) International courts and tribunals covered include: International Court of Justice, International Tribunal for the Law of the Sea, WTO Dispute Settlement System, International Criminal Court, International Criminal Tribunal for the Former Yugoslavia, General Court and Court of Justice of the European Union, European Court of Human Rights, Inter-American Court of Human Rights, International Centre for Settlement of Investment Disputes, Permanent Court of Arbitration. Moreover, if there were no decisions issued by these tribunals for the year under consideration, we would omit the relating section.

Each major international court or tribunal has its own section, which includes an Introductory Note on the activity of that judicial body over the course of the year under consideration. The activities of the court and tribunals are presented in the form of “legal maxims,” i.e., brief and easily understood extracts of statements on international law announced in a judicial decision, focusing on points of law decided by various international courts, systematically arranged.

Normally, the maxims consist of integral citations from the text of the judgment. However, divergences from the original text (i.e., omissions or additions) are marked by the use of square brackets (round brackets with dots are used to indicate that the quotation which follows is situated in the original text before the previous quotation). Maxims usually reproduce the text of several extracts drawn from different paragraphs of the decision to which reference is made. Further, to give the reader an immediate idea of the constituent parts of the maxim, the paragraph number corresponding to each extract is given below each legal maxim in the order in which they have been used.

The maxims are collected according to the “Systematic Classification Scheme,” which can be found at the beginning of this part. This scheme has two parts, dealing respectively with substantive and procedural international law. Each of these parts is further divided into headings and sub-headings.

The maxims are systematically presented and also logically arranged in such a manner as to permit the reading of the overall context of each decision, serving as a forerunner to the full reading of the text of each judgment.

The chosen working-method has been adapted from the one successfully employed in the “Repertory of Decisions of the International Court of Justice/Répertoire de la Jurisprudence de la Cour Internationale de Justice” (1947–1992), by Giuliana Ziccardi Capaldo, 1995.

The following information is also given for each decision covered: a) the full title of the case and the parties to it, where these exist; b) the type of decision, the date, and the original language; and c) reference to the collection of Reports in which the original text of the decision is to be found and/or specialised websites for Internet access.

Recent Lines of Internationalist Thought

This part, included in the Yearbook since 2006, focuses on the thought of leading international law scholars “innovative” in their responses to challenges that have faced contemporary world society. The purpose is to give an overview and a critical appraisal of the current international law literature providing readers with an opportunity to view arguments from different perspectives, to examine different methodologies and to explore ideas reflecting cultural diversity. This would certainly allow an understanding of the relevance of internationalist thought on the changes in international law and contemporary politics in the context of globalization.

General Information

The journal is included in Scopus, the largest abstract and citation database of peer- reviewed literature.

(p.xx) This issue may be cited as 18 Global Community YILJ 2018, G. Ziccardi Capaldo General ed. (2019).

All views expressed in the articles, notes and comments, editorial comments, and other contributions to the Yearbook represent the opinions of the individual authors and should not be interpreted as an expression of the views of the Editors.

Submission of Manuscripts

Manuscripts should be submitted by email to globalcommunity@tin.it preferably in English, although a small percentage of papers may be accepted in other languages (French, German and Spanish) at the discretion of the General Editor. Abstracts should be submitted in English only.

The Yearbook is committed to ensuring ethics in publication and quality of articles. Manuscripts submitted for publication are blindly peer-reviewed. The Yearbook will not consider submissions whose content has been, or will be, published before it appears in this Yearbook. It is therefore important to agree upon ethical guidelines for Yearbook publication—see Publication Ethics & Malpractice Statement available on the journal’s website at http://www.globalcommunityyearbook.org/index.php where you can find other useful information.

Manuscripts should meet the editorial standards specified in the Yearbook’s stylesheet, which may be obtained from the journal’s website. The latter also provides other helpful information about the Yearbook, including the content of previous volumes.

Orders

The Global Community Yearbook of International Law and Jurisprudence is published annually (in two volumes from 2002 to 2014 edition; in one volume from 2015 edition on) in English. For more information and to order a volume, please see: https://global.oup.com/academic/content/series/g/global-community-yearbook-of-international-law-and-jurisprudence-glocom/?lang=en&cc=it

The Yearbook is also available in nonprint form on Oxford Scholarship Online (OSO), one of the leading academic research resources in the world accessed by students, academics and researchers across the globe. Available online from 2013 onwards at http://www.universitypressscholarship.com/search?isQuickSearch=true&pageSize=10&q=global+ community+yearbook+of+international+law+and+jurisprudence&sort=date

Indexing Services

The Global Community Yearbook of International Law and Jurisprudence is included in:

  • Google Scholar

  • IBR—International Bibliography of Book Reviews

  • IBZ—Internationale Bibliographie der Zeitschriftenliteratur

  • International Law Reporter

  • Library of Congress

  • Max Planck Institute for Comparative Public Law and International Law-Library

  • Peace Palace Library

  • PhilPapers—Philosophical Research Online

  • SCOPUS

  • SwetsWise Catalog

  • The Dag Hammarskjöld Library-UN Libraries (New York, Geneva Bangkok)