TABLE OF CONTENTS VOLUME I. Aims & Scope Outline of the Sections

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1 TABLE OF CONTENTS VOLUME I Aims & Scope Outline of the Sections Editorial Managing Complexity Within the Unit of the Circular Web of the Global Law System: Representing a "Communal Spider Web", Giuliana Ziccardi Capaldo xi xiii XVII xvii IN FOCUS-Global Policies and Law 1 Managing Across Cultures in a Globalized World. Findings from a Systematic Literature Review, Antonio Capaldo, Bice Della Piana & Alessandra Vecchi 7 The Global Governance of Energy and Development, Gilles Carbonnier & Sijbren de Jong 41 Global Health Takes a Normative Turn: The Expanding Purview of International Health Law and Global Health Policy to Meet the Public Health Challenges of the 21st Century, Benjamin Mason Meier 69 ARTICLES 109 Some Reflections on the Ever Puzzling Rocks-Principle Under UNCLOS Article 121(3), Barbara Kwiatkowska & Alfred H.A. Soons 111 International Trade Law and Development, Guiguo Wang 155 NOTES AND COMMENTS 193 Compatibility of the 2011 Uwinkindi Case with Human Rights: Comparison with the 2008 Referral Decisions of the ICTR, Geert-Jan Alexander Knoops 195 The Ambiguity of Power in International Relations and the Future of the United Nations Organization, Hans Köchler 215 Optimizing the International Criminal Justice System with a "Positive-Enhanced" Approach, Anna Oriolo 231 The Shadow of Marckx for a Renewed Debate on the Temporal Effects of Judgments of the European Court of Human Rights, Francoise Tulkens & Sébastien Van Drooghenbroeck 249 iii

2 FORUM-Jurisprudential Cross-Fertilization: An Annual Overview 271 Module I-CRIMINAL LAW-The Relationship Between Decisions of International Criminal Tribunals and Their Relationship with Decisions of the ICJ or Another International Court or Arbitral Tribunal. 273 COMMENT AND ANALYSIS 275 Individual Criminal Responsibility for Collective Criminality: A Comparative Analysis of the Development of Joint Criminal Enterprise at the International Criminal Tribunals, Fausto Pocar & Nicole Rangel 275 Module III - INTERNATIONAL HUMAN RIGHTS LAW-The Relationship Between Decisions of the Courts of Human Rights and Their Relationship with Decisions of the ICJ. 307 COMMENT AND ANALYSIS 309 Contemporary International Tribunals: Their Jurisprudential Cross-Fertilization Pertaining to Human Rights Protection, Antonio Augusto Cancado Trindade 309 Module VI-INTERNATIONAL JUDICIAL DECISIONS RELATING TO DOMESTIC LAW-The Relationship Between Decisions of International Tribunals and National Jurisdictions 321 COMMENT AND ANALYSIS 323 The Relationship Between the National Legal Order and the European Legal Order in the Case Law of the Italian Constitutional Court: A Selection of the Most Recent Relevant Decisions, Oreste Pollicino 323 DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS IN Edited by Giuliana Ziccardi Capaldo Systematic Classification Scheme 339 INTERNATIONAL COURT OF JUSTlCE. 363 INTRODUCTORY NOTE, John G. Merrills 365 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Giuliana Ziccardi Capaldo) 377 Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion, 22 July Case Concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), Judgment, 30 November Systematic Index of the Sub-Section 399 INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA. 401 INTRODUCTORY NOTE, Tullio Treves. 403 iv THE GLOBAL COMMUNITY Yearbook of International Low & Jursprudenre 2011 (I)

3 LEGAL MAXIMS: SUMMARIES AND EXTRACTSFROM SELECTEDCASE LAW (Emilio Sessa) 411 Saint Vincent and the Grenadines v. Kingdom of Spain, Case No. 18, The M/V "Louisa" Case, Request for Provisional Measures, Order, 23 December Systematic Index of the Sub-Section. 417 WTO DISPUTE SETTlEMENT SYSTEM. 419 INTRODUCTORY NOTE, Joanna Gomula. 421 LEGAL MAXIMS: SUMMARIES AND EXTRACTSFROM SELECTED CASE LAW (Elisa Baroncini, Joanna Gomula). 431 China-Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363/ AB/R), Appellate Body Report issued on 21 December 2009, adopted on 19 January United States-Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand (WT/DS383/R), Panel Report issued on 22 January 2010, adopted on 18 February European Communities and its Member States-Tariff Treatment of Certain Information Technology Products (WT /DS375/R, WT/DS376/R, WT/DS377 /R), Panel Reports issued on 16 August 2010, adopted on 21 September United States-Certain Measures Affecting Imports of Poultry from China (WT/DS392/R), Panel Report issued on 29 September 2010, adopted on 25 October Australia-Measures Affecting the Importation of Apples from New Zealand (WT/DS367 / AB/R), Appellate Body Report issued on 29 November 2010, adopted on 17 December Systematic Index of the Sub-Section 457 INTERNATIONAL CRIMINAL COURT. 459 INTRODUCTORY NOTE, Geert-Jan Alexander Knoops. 461 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Robert Heinsch, Antoine Schnegg) 469 The Prosecutor v. Jean-Pierre Bemba Combo, Case No. ICC-01/05-01/08-682, Trial Chamber III, Decision on the "Prosecution's Submissions on the Trial Chamber's 8 December 2009 Oral Order Requesting Updating of the In-Depth-Analysis Chart", 29 January The Prosecutor v. Omar Hassan Ahmad Al Bashir, Case No. ICC-02/05-01 /09-73, Appeals Chamber, Judgment on the Appeal of the Prosecutor Against the "Decision on the Prosecution's THE GLOBAL COMMUNITY Yearbook of Inlernalional Law & Jurisprudence 2011 (I)

4 Application for a Warrant of Arrest Against Omar Hassan Ahmad Al Bashir", 3 February The Prosecutor v. Bahar Idriss Abu Garda, Case No. ICC- 02/05-02/ Red, Pre-Trial Chamber I, Decision on the Confirmation of Charges, 8 February The Prosecutor v. AhmadMuhammad Harun ("Ahmad Harun") and Ali Muhammad Ali Abd-AI-Rahman ("Ali Kushayb"), Case No. ICC-02/05-01 /07-57, Pre-Trial Chamber I, Decision Informing the United Nations Security Council About the Lack of Cooperation by the Republic of the Sudan, 25 May The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, Case No. ICC-01 /04-01 / , Appeals Chamber, Judgment on the Appeal of Mr Katanga Against the Decision of Trial Chamber II of 20 November 2009 Entitled "Decision on the Motion of the Defence for Germain Katanga for a Declaration on Unlawful Detention and Stay of Proceedings", 12 July The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, Case No. ICC-01 /04-01 / , Appeals Chamber, Judgment on the Appeal of Mr Katanga Against the Decision of Trial Chamber II of 22 January 2010 Entitled "Decision on the Modalities of Victim Participation at Trial", 16 July The Prosecutor v. Thomas Lubanga Dyilo, Case No. ICC-01l/04-01/ , Appeals Chamber, Judgment on the Appeal of the Prosecutor Against the Decision of Trial Chamber I of 8 July 2010 Entitled "Decision on the Prosecutions Urgent Request for Variation of the Time-Limit to Disclose the Identity of Intermediary 143 or Alternatively to Stay Proceedings Pending Further Consultations with the VWU", 8 October The Prosecutor v. Thomas Lubanga Dyilo, Case No. ICC-01l/ 04-01/ , Appeals Chamber, Judgment on the Appeal of Prosecutor Against the Oral Decision of Trial Chamber I of 15 July 2010 to Release Thomas Lubanga Dyilo, 8 October The Prosecutor v. Jean-Pierre Bemba Combo, Case No. ICC- 01/05-01/08-962, Appeals Chamber, Judgment on the Appeal of Mr Jean-Pierre Bemba Gombo Against the Decision of Trial Chamber III of 24 June 2010 Entitled "Decision on the Admissibility and Abuse of Process Challenges", 19 October The Prosecutor v. Jean-Pierre Bemba Gombo, Case No. ICC- 01/05-01/ , Appeals Chamber, Judgment on the Appeal of Mr Jean-Pierre Bemba Gombo Against the decision of Trial Chamber III of 28 July 2010 Entitled "Decision on the Review of the Detention of Mr Jean-Pierre Bemba Gombo Pursuant to Rule 118(2) of the Rules of Procedure and Evidence", 19 November Systematic Index of the Sub-Section.509 vi THE GLOBAL COMMUNITY Yearbook of International Law & Jurisprudence 2011 (I)

5 - INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA. 511 INTRODUCTORY NOTE, Rafael Nieto-Navia.513 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW (Dima Babilli, Benedetta Cappiello, Stefania Coco Scalisi, Neil Fishman, Nadia Napoli, Anna Oriolo, Manuel J. Ventura). 525 Prosecutor v. Zuhdija Tabakovic, Case No. IT-98-32/1-R77.1, Trial Chamber II, Sentencing Judgement, 18 March Case Against Vojislav Seselj, Case No. IT R77.2-A, Appeals Chamber, Judgement, 19 May Prosecutor v. Ljube Boskoski and Johan Tarculovski, Case No. IT A, Appeals Chamber, Judgement, 19 May Prosecutor v. Vujadin Popovic, Ljubisa Beara, Drago Nikolic, Ljubomir Borovcanin, Radivoje Miletic, Milan Gvero, Vinko Pandurevic, Case No. IT T, Trial Chamber II, Judgment, 10 June Prosecutor v. Vojislav Seselj, Case No. IT T, Trial Chamber III, Redacted Version of the "Decision in Reconsideration of the Decision of 15 May 2007 on Vojislav Seselj's Motion for Contempt Against Carla Del Ponte, Hildegard Uertzretzlaff and Daniel Saxon", 29 June Prosecutor v. Rasim Delic, Case No. IT A, Appeals Chamber, Decision on the Outcome of the Proceedings, 29 June Prosecutor v. Ramush Haradinaj, Idriz Balaj and Lahi Brahimaj, Case No. IT A, Appeals Chamber, Judgement, 19 July Prosecutor v. Veselin Sljivancanin, Case No. IT-95-13/1-R.1, Appeals Chamber, Review Judgement, 8 December Systematic Index of the Sub-Section. 569 THE GLOBAL COMMUNITY Yearbook of International Law & Jurisprudence 2011 (I) vii