The Global Community Yearbook of International Law and Jurisprudence 2018
The Global Community Yearbook of International Law and Jurisprudence 2018
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Abstract
The 2018 edition of The Global Community Yearbook of International Law and Jurisprudence both 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 (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunal for the Former Yugoslavia, to economically based tribunals such as ICSID and the WTO Dispute settlement procedures. The contents of this part have been enriched with the inclusion of a new section devoted to the Permanent Court of Arbitration (PCA), the oldest global institution for the settlement of international disputes. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions’ legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia’s tobacco plain packaging measure; Israel’s acceptance of Palestinian statehood contingent upon prior Palestinian “demilitarization” is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. 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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Front Matter
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Editorial
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Part 1 Articles
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“External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice?—Critical Reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the Efficiency and Legitimacy of International Courts
Michael Bohlander
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How to Reconcile Human Rights, Trade Law, Intellectual Property, Investment and Health Law? WTO Dispute Settlement Panel Upholds Australia’s Plain Packaging Regulations of Tobacco Products
Ernst-Ulrich Petersmann
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The Citizen and the State: A Paradoxical Relation
Chris Thornhill
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“External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice?—Critical Reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the Efficiency and Legitimacy of International Courts
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Part 2 Notes and Comments
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Statehood and Recognition in International Law: A Post-Colonial Invention
Jean D’Aspremont
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Misdiagnosing the Human Rights Malaise: Possible Lessons from the Danish Chairmanship of the Council of Europe
Jacques Hartmann
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Article 103 of the UN Charter and Security Council Authorizations
Robert Kolb
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Under Construction: The Euro-Mediterranean Free Trade Area (EMFTA)
Francesco Seatzu
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Statehood and Recognition in International Law: A Post-Colonial Invention
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Part 3 In Focus: Global Policies and Law
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Demilitarizing Palestine: A Flawed Legal Approach to Middle East Peace
Louis René Beres
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Illiberal versus Liberal State Branding and Public International Law: Denmark and the Approximation to Human(itarian) Rightlessness
Anja Matwijkiw andBronik Matwijkiw
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A Constitutional-Driven Change of Heart: ISP Liability and Artificial Intelligence in the Digital Single Market
Oreste Pollicino andGiovanni De Gregorio
- Appendix of the Part—Topics Covered in the Previous Issues (2008–2017)
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Demilitarizing Palestine: A Flawed Legal Approach to Middle East Peace
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Part 4 Forum: Jurisprudential Cross-Fertilization: An Annual Overview
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I Introductory Module—MISSION AND CONCEPTS
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II Module—CRIMINAL LAW: The Relationship Between International Criminal Tribunals and Their Relationship with the ICJ or Another International Court or Arbitral Tribunal
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III Module—HUMAN RIGHTS LAW: The Relationship Between Courts of Human Rights and Their Relationship with the ICJ or Another International Court or Arbitral Tribunal
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IV Module—INTERNATIONAL AND DOMESTIC LAW: The Relationship Between International and Domestic Courts
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Part 5 Global Justice—Decisions of International Courts and Tribunals in 2017
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I International Court of Justice
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II International Tribunal for the Law of the Sea
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III WTO Dispute Settlement System
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IV International Criminal Court
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V International Criminal Tribunal for the Former Yugoslavia
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VI Court of Justice of the European Union
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VI.2 General Court
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VI.3 Court of Justice
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VII European Court of Human Rights
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VIII Inter-American Court of Human Rights
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IX International Centre for Settlement of Investment Disputes
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X Permanent Court of Arbitration
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Part 6 Recent Lines of Internationalist Thought
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Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
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Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.