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El presente volumen recoge un conjunto de trabajos sobre una temática sugerente, relevante y de permanente vigencia, dado que atañe a los fundamentos de uno de los pilares más sólidos en que se cimenta la Europa de los pueblos y de los ciudadanos, así como de la Comunidad Iberoamericana. Eso sí, partiendo del más preciado patrimonio común, su Historia, y, en particular, el legado jurídico que tuvo como referente el Derecho romano, base de la cultura jurídica de la mayor parte del Mundo Occidental. Todo jurista está llamado a asumir el compromiso de recrear un estudio e investigación propios del siglo XXI, que vengan a dar respuesta a lo que el momento actual demanda, y no perder el tren de la Historia. Por fortuna, sin duda, somos herederos del rico patrimonio que comporta la experiencia jurídica de la antigua Roma, de la que constituimos sólo un paso más de su largo devenir. Quienes colaboran en esta obra así lo entienden, y sirvan como prueba sus aportaciones.
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.
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
The 2001 issue of the Yearbook deals with the problem of international justice. What is the meaning of "justice" in the age of globalisation? In which sense can the "right" provide for criteria that make it possible to afford conflicts in international relations? Which new interpretative standards do turn out to be introduced within domestic law by international dimension? This issue of Ars interpretandi tries to answer these questions as well as other ones, according to an interdisciplinary view, which examine their implications in law, ethics, politics, economics and religion.
Volume II: Special Workshops Initia Via Editora