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i
THE GLOBAL
COMMUNITY
Yearbook of International Law
and Jurisprudence
2018
Edited by
Giuliana Ziccardi Capaldo
1
ii
1
Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of
excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trademark
of Oxford University Press in the UK and certain other countries.
Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America.
© Oxford University Press 2019
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted,
in any form or by any means, without the prior permission in writing of Oxford University Press, or as
expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights
organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights
Department, Oxford University Press, at the address above.
You must not circulate this work in any other form

and you must impose this same condition on any acquirer.
Cataloging-in-Publication information is available from the Library of Congress.
ISSN: 1535-9468
ISBN 978–0–19–007250–6 (2018) (alk. paper)
Printed by Sheridan Books, Inc., United States of America
Note to Readers
This publication is designed to provide accurate and authoritative information in regard to the subject
matter covered. It is based upon sources believed to be accurate and reliable and is intended to be
current as of the time it was written. It is sold with the understanding that the publisher is not engaged
in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is
required, the services of a competent professional person should be sought. Also, to confirm that the
information has not been affected or changed by recent developments, traditional legal research
techniques should be used, including checking primary sources where appropriate.
(Based on the Declaration of Principles jointly adopted by a Committee of the

American Bar Association and a Committee of Publishers and Associations.)
You may order this or any other Oxford University Press publication
by visiting the Oxford University Press website at www.oup.com.
iii
Contents
Aims & Scope xiii

Outline of the Parts xvii
EDITORIAL
The Taricco Affair: A Dialogue Between the Deaf and the Dumb. A Proposal to
Strengthen Cooperation Between the ECJ and National Courts 3
Giuliana Ziccardi Capaldo
PART 1: ARTICLES
“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 21
Michael Bohlander
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 69
Ernst-Ulrich Petersmann
The Citizen and the State: A Paradoxical Relation 103
Chris Thornhill
PART 2: NOTES AND COMMENTS

Statehood and Recognition in International Law: A Post-Colonial Invention 139
Jean d’Aspremont
iv
iv Contents
Misdiagnosing the Human Rights Malaise: Possible Lessons from the Danish
Chairmanship of the Council of Europe 153
Jacques Hartmann
Article 103 of the UN Charter and Security Council Authorizations 165
Robert Kolb
Under Construction: The Euro-Mediterranean Free Trade Area (EMFTA) 173
Francesco Seatzu
PART 3: IN FOCUS—G LOBAL POLICIES AND LAW

Demilitarizing Palestine. A Flawed Legal Approach to Middle East Peace 191
Louis René Beres
Illiberal versus Liberal State Branding and Public International Law: Denmark
and the Approximation to Human(itarian) Rightlessness 207
Anja Matwijkiw & Bronik Matwijkiw
A Constitutional-Driven Change of Heart. ISP Liability and Artificial
Intelligence in the Digital Single Market 237
Oreste Pollicino & Giovanni De Gregorio
Appendix of the Part—Topics Covered in the Previous Issues (2008–2017) 265
PART 4: FORUM—J URISPRUDENTIAL

CROSS-F ERTILIZATION: AN ANNUAL OVERVIEW
I. Introductory Module—MISSION AND CONCEPTS 271
I.1 The Continuity of Jurisprudential Cross-Fertilization in the Case-Law
of International Tribunals in Their Common Mission of Realization of
Justice, Antônio Augusto Cançado Trindade 273
II. Module—CRIMINAL LAW—The Relationship Between International
Criminal Tribunals and Their Relationship with the ICJ or Another
International Court or Arbitral Tribunal 281
II.1 The ICC Appeals Chamber’s Judgment in The Prosecutor v. Bemba
et al.—A Reminder of the Often Overlooked Value of International
Jurisprudence Concerning Offences Against the Administration of
Justice, Anda Scarlat 283
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 303
III.1 Reparations for Victims of Mass Atrocities: Actual and Potential
Contributions of the Inter-American Court of Human Rights to the
International Criminal Court, Juan-Pablo Perez-Leon-Acevedo 305
v
Contents v
IV. Module—INTERNATIONAL AND DOMESTIC LAW—The

Relationship Between International and Domestic Courts 337
IV.1 Collective Reparations as a Partial Remedy for State-Perpetrated
Blanket Violations of the Rights of Targeted Child Asylum Seeker
Groups, Sonja C. Grover 339
PART 5: GLOBAL JUSTICE—D ECISIONS OF

INTERNATIONAL COURTS AND TRIBUNALS IN 2017
Edited by Giuliana Ziccardi Capaldo
Systematic Classification Scheme 371
I. INTERNATIONAL COURT OF JUSTICE 393
I.1 INTRODUCTORY NOTE, John G. Merrills† 395
I.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Giuliana Ziccardi Capaldo) 407
I.2.1 Jadhav Case (India v. Pakistan), Request for the Indication of
Provisional Measures, Order, 18 May 2017 409
Systematic Key Items of the Section 417
II. INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA 419
II.1 INTRODUCTORY NOTE, Tullio Treves 421
II.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Emilio Sessa) 429
II.2.1 Dispute Concerning Delimitation of the Maritime Boundaries
Between Ghana and Côte d’Ivoire in the Atlantic Ocean
(Ghana/Côte d’Ivoire), Judgment, 23 September 2017 431
III. WTO DISPUTE SETTLEMENT SYSTEM 447
III.1 INTRODUCTORY NOTE, Joanna Gomula 449
III.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Joanna Gomula) 457
III.2.1 Russian Federation—Measures on the Importation of Live Pigs,
Pork and Other Pig Products from the European Union
(WT/DS475/AB/RW), Appellate Body Report circulated
on 23 February 2017, adopted on 21 March 2017 459
III.2.2 United States—Certain Methodologies and Their Application
to Anti-Dumping Proceedings Involving China (WT/DS471/
AB/R), Appellate Body Report circulated on 11 May 2017,
adopted on 22 May 2017 464
III.2.3 United States—Conditional Tax Incentives for Large Civil
Aircraft (WT/DS487/AB/R), Appellate Body Report
circulated on 4 September 2017, adopted on 22 September 2017 468
vi
vi Contents
III.2.4 European Union—Anti-Dumping Measures on Imports of

Certain Fatty Alcohols from Indonesia (WT/DS442/AB/R),
Appellate Body Report circulated on 5 September 2017,
adopted on 29 September 2017 471
III.2.5 Indonesia—Importation of Horticultural Products, Animals
and Animal Products (WT/DS477, 478/AB/R/), Appellate
Body Report circulated on 9 November 2017, adopted on 22
November 2017 476
IV. INTERNATIONAL CRIMINAL COURT 483
IV.1 INTRODUCTORY NOTE, Geert-Jan Alexander Knoops 485
IV.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Anna Buono, Maria Elena Castaldo,
Marco Naddeo, Anna Oriolo, Anna Vigorito) 497
IV.2.1 Situation in Côte d’Ivoire 499
IV.2.1.1 The Prosecutor v. Laurent Gbagbo and Charles
Blé Goudé, Case No. ICC-02/11-01/15, Trial
Chamber I, Judgment, 19 July 2017 499
IV.2.2 Situation in Darfur 502
IV.2.2.1 The Prosecutor v. Omar Hassan Ahmad Al-Bashir,
Case No. ICC-02/05-01/09, Pre-Trial
Chamber II, Decision, 6 July 2017 502
IV.2.3 Situation in the Republic of Mali 506
IV.2.3.1 The Prosecutor v. Ahmad Al Faqi Al Mahdi, Case
No. ICC-01/12-01/15, Trial Chamber VIII,
Reparations Order, 17 August 2017 506
IV.2.4 Situation in the Democratic Republic of the Congo 511
IV.2.4.1 The Prosecutor v. Bosco Ntaganda, Case No. ICC-
01/04-02/06, Trial Chamber VI, Judgment, 15
June 2017 511
IV.2.5 Situation in the Republic of Burundi 514
IV.2.5.1 Decision Pursuant to Article 15 of the Rome Statute
on the Authorization of an Investigation into the
Situation in the Republic of Burundi, Case No.
ICC-01/17-X-9-US-Exp, Pre-Trial Chamber III,
Decision, 25 October 2017 514
V. INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER
YUGOSLAVIA 525
V.1 INTRODUCTORY NOTE, Rafael Nieto-Navia 527
V.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Anna Buono, Anna Oriolo) 535
V.2.1 Prosecutor v. Jadranko Prlić, Bruno Stojić, Slobodan Praljak,
Milivoj Petković, Valentin Ćorić and Berislav Pušić, Case No.
IT-04-74-A , Appeals Chamber, Judgment, 29 November 2017 537
vii
Contents vii
VI. COURT OF JUSTICE OF THE EUROPEAN UNION 549

VI.1 INTRODUCTORY NOTE, Antonio Tizzano 551
VI.2 GENERAL COURT 563
VI.2.1 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Federico Bianchi, Carmine Renzulli,
Roberto Soprano, Caterina Tuosto) 565
VI.2.1.1 Michael Efler and Others v. European Commission,
Case T-754/14, First Chamber, Judgment, 10
May 2017 567
VI.2.1.2 Mohamed Marouen Ben Ali Ben Mohamed Mabrouk
v. Council of the European Union, Case T-175/15,
Fifth Chamber, Judgment, 5 October 2017 570
VI.2.1.3 Marine Harvest ASA v. European Commission,
Case T-704/14, Fifth Chamber, Judgment,
26 October 2017 573
VI.2.1.4 Icap plc and Others v. European Commission,
Case T-180/15, Second Chamber, Judgment, 10
November 2017 579
VI.2.1.5 Udo Voigt v. European Parliament, Case T-618/15,
Fourth Chamber, Judgment, 20 November 2017 583
VI.2.1.6 Coca-Cola v. EUIPO—Mitico (Master), Case T-61/
16, Eight Chamber, Judgment, 7 December 2017 586
VI.3 COURT OF JUSTICE 593
VI.3.1 LEGAL MAXIMS: SUMMARIES AND EXTRACTS
FROM SELECTED CASE LAW(Sébastien Brisard, Simona
Fanni, Victoria Hanley-Emilsson, Eirini Pantelodimou, Daniela
Rodríguez Bautista, Caterina Tuosto, Zsofia Varga, Anna Vigorito) 595
VI.3.1.1 Toshiba Corp. v. European Commission, Case
C-623/15 P, Eighth Chamber, Judgment, 18
January 2017 597
VI.3.1.2 Commissaire général aux réfugiés et aux apatrides
v. Lounani, Case C-573/14, Grand Chamber,
Judgment, 31 January 2017 599
VI.3.1.3 X and X v. État belge, Case C-638/16 PPU, Grand
Chamber, Judgment, 7 March 2017 601
VI.3.1.4 A and Others v. the United Kingdom, Case C-158/
14, Grand Chamber, Judgment, 14 March 2017 604
VI.3.1.5 Samira Achbita v. Centrum voor gelijkheid van
kansen en voor racismbestrijding, Case C-157/15,
Grand Chamber, Judgment, 14 March 2017 607
VI.3.1.6 Asma Bougnaoui v. Association de défense des droits
de l’homme (ADDH), Case C 188/15, Grand
Chamber, Judgment, 14 March 2017 610
VI.3.1.7 Furkan Tekdemir v. Kreis Bergstraße, Case C-652/
15, First Chamber, Judgment, 29 March 2017 612
VI.3.1.8 Sahar Fahimian v. Bundesrepublik Deutschland,
Case C-544/15, Grand Chamber, Judgment, 4
April 2017 614
viii
viii Contents
VI.3.1.9 A.S. v. Républika Slovenija, Case C-490/16, Grand

Chamber, Judgment, 26 July 2017 617
VI.3.1.10 Khadija Jafari, Zainab Jafari v. Bundesamt für
Fremdenwesen und Asyl, Case C-646/16, Grand
Chamber, Judgment, 26 July 2017 621
VI.3.1.11 Intel Corp. Inc. v. European Commission, Case
C-413/14 P, Grand Chamber, Judgment, 6
September 2017 627
VI.3.1.12 Slovakia and Hungary v. Council, Case C-643/15,
Grand Chamber, Judgment, 6 September 2017 632
VI.3.1.13 Criminal Proceedings against Giorgio Fidenato
and Others, Case C-111/16, Third Chamber,
Judgment, 13 September 2017 635
VI.3.1.14 Toufik Lounes v. Secretary of State for the Home
Department, Case C-165/16, Grand Chamber,
Judgment, 14 November 2017 639
VI.3.1.15 Coty Germany GmbH v. Parfümerie Akzente
GmbH, Case C 230/16, First Chamber,
Judgment, 6 December 2017 642
VI.3.1.16 Asociación Profesional Elite Taxi v. Uber Systems
Spain SL, Case C-434/15, Judgment, Grand
Chamber, 20 December 2017 646
VII. EUROPEAN COURT OF HUMAN RIGHTS 651
VII.1 INTRODUCTORY NOTE, Guido Raimondi 653
VII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Anna Buono, Simona Fanni, Adriana Fillol
Mazo, Ana Cristina Gallego Hernández, Yolanda Gamarra, Diana Marín
Consarnau, Juan Francisco Moreno Domínguez, Lucía Ione Padilla, Ángel
Tinoco Pastrana, Antonio-Jesus Rodríguez-Redondo, Anna Vigorito) 669
VII.2.1 Case of Hutchinson v. the United Kingdom, Application No.
57592/08, Grand Chamber, Judgment, 17 January 2017 671
VII.2.2 Case of Paradiso and Campanelli v. Italy, Application No.
25358/12, Grand Chamber, Judgment, 24 January 2017 675
VII.2.3 Case of Khamtokhu and Aksenchik v. Russia, Applications
Nos. 60367/08 and 961/11, Grand Chamber, Judgment,
24 January 2017 678
VII.2.4 Case of K2 v. United Kingdom, Application No. 42387/13,
First Section, Decision, 7 February 2017 681
VII.2.5 Case of De Tommaso v. Italy, Application No. 43395/09,
Grand Chamber, Judgment, 23 February 2017 684
VII.2.6 Case of Cerovšek and Božičnik v. Slovenia, Applications Nos.
68939/12 and 68949/12, Fourth Section, Judgment, 7
March 2017 687
VII.2.7 Case of A.-M.V. v. Finland, Application No. 53251/13, First
Section, Judgment, 23 March 2017 690
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ix
Contents ix
VII.2.8 Case of Chowdury and Others v. Greece, Application No.

21884/15, First Section, Judgment, 30 March 2017 694
VII.2.9 Case of Medžlis Islamske Zajednice Brčko and Others v. Bosnia
and Herzegovina, Application No. 17224/11, Grand
Chamber, Judgment, 27 June 2017 696
VII.2.10 Case of Moreira Ferreira v. Portugal (No. 2), Application No.
19867/12, Grand Chamber, Judgment, 11 July 2017 699
VII.2.11 Case of Bărbulescu v. Romania, Application No. 61496/08,
VII.2.12 Case of Fábián v. Hungary, Application No. 78117/13,
VII.2.13 Case of Becker v. Norway, Application No. 21272/12, Fifth
Section, Judgment, 5 October 2017 715
VII.2.14 Case of Merabishvili v. Georgia, Application No. 72508/13,
Grand Chamber, Judgment, 28 November 2017 718
VII.2.15 Case of S.F. and Others v. Bulgaria, Application No. 8138/
16, Fifth Section, Judgment, 7 December 2017 722
VII.2.16 Case of Chiragov and Others v. Armenia, Application No.
13216/05, Grand Chamber, Judgment, 12 December 2017 725
VII.2.17 Case of Lopes de Sousa Fernandes v. Portugal, Application
No. 56080/13, Grand Chamber, Judgment,
19 December 2017 728
VIII. INTER-AMERICAN COURT OF HUMAN RIGHTS 735
VIII.1 INTRODUCTORY NOTE, Eduardo Ferrer Mac-Gregor Poisot 737
VIII.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Harold Miñarro Escalona, Julie Recinos) 745
VIII.2.1 Caso Zegarra Marín v. Perú, Excepciones Preliminares,
Fondo, Reparaciones y Costas, Sentencia de 15 de
Febrero de 2017, Série C No. 331 746
VIII.2.2 Caso Favela Nova Brasília v. Brasil, Excepciones
Preliminares, Fondo, Reparaciones y Costas, Sentencia
de 16 de Febrero de 2017, Série C No. 333 749
VIII.2.3 Caso Acosta y Otros v. Nicaragua, Excepciones
preliminares, Fondo, Reparaciones y Costas, Sentencia
de 25 de Marzo de 2017, Série C No. 334 754
VIII.2.4 Caso Lagos del Campo v. Perú, Excepciones
Preliminares, Fondo, Reparaciones y Costas, Sentencia
de 31 de Agosto de 2017, Série C No. 340 758
VIII.2.5 Medio ambiente y Derechos Humanos (Obligaciones
estatales en relación con el medio ambiente en el marco
de la protección y garantía de los derechos a la vida y a
la integridad personal—interpretación y alcance de los
artículos 4.1 y 5.1, en relación con los artículos 1.1 y 2
de la Convención Americana sobre Derechos Humanos),
Opinión Consultiva OC 23/17, 15 de Noviembre de
2017, Série A No. 23 765
x
x Contents
VIII.2.6 Identidad de género, e igualdad y no discriminación a

parejas del mismo sexo (Obligaciones estatales en relación
con el cambio de nombre, la identidad de género, y los
derechos derivados de un vínculo entre parejas del mismo
sexo—interpretación y alcance de los artículos 1.1, 3,
7, 11.2, 13, 17, 18 y 24, en relación con el artículo 1 de
la Convención Americana sobre Derechos Humanos),
Opinión Consultiva OC-24/17, 24 de Noviembre de
2017, Série A No. 24 776
IX. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT
DISPUTES 791
IX.1 INTRODUCTORY NOTE, August Reinisch 793
IX.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED CASE LAW, (Jose Magnaye) 809
IX.2.1 Bear Creek Mining Corporation v. Republic of Peru, ICSID
Case No. ARB/14/21, Award, 30 November 2017 811
IX.2.2 Eiser Infrastructure Limited and Energia Solar Luxembourg
S.À.R.L. v. Kingdom of Spain, ICSID Case No. ARB/13/36,
Award, 4 May 2017 829
IX.2.3 Orascom TMT Investments S.à.r.l. v. People’s Democratic Republic
of Algeria, ICSID Case No. ARB/12/35, Award, 31 May 2017 865
X. PERMANENT COURT OF ARBITRATION 907
X.1 INTRODUCTORY NOTE, Diego Mejía-Lemos 909
X.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM
SELECTED DECISIONS, (Diego Mejía-Lemos) 921
X.2.1 WNC Factoring Ltd v. The Czech Republic, PCA
Case No. 2014-34, Award, 22 February 2017 923
X.2.2 Arbitration between the Republic of Croatia and the Republic of
Slovenia, PCA Case No. 2012-04, Final Award, 29 June 2017 934
PART 6: RECENT LINES OF

INTERNATIONALIST THOUGHT
Enhancing the Globe’s Governance, Struggling with Research and Politics 959
Thomas G. Weiss
xi
GENERAL EDITOR
GIULIANA ZICCARDI CAPALDO

University of Salerno Hippocratica Civitas
EDITORIAL BOARD
ANTÔNIO AUGUSTO CANÇADO TRINDADE ERNST-ULRICH PETERSMANN

International Court of Justice, The Hague European University Institute, Florence
EDUARDO FERRER MAC-GREGOR POISOT AUGUST REINISCH
Inter-American Court of Human Rights, San José University of Vienna
JOANNA GOMULA WILLIAM A. SCHABAS
University of Cambridge National University of Ireland, Galway
GEERT-JAN ALEXANDER KNOOPS RAMESH THAKUR
University of Amsterdam Australian National University, Canberra
ANJA MATWIJKIW ANTONIO TIZZANO
Indiana University Northwest Court of Justice of the European Union, Luxemburg
RAFAEL NIETO NAVIA TULLIO TREVES
Pontificia Universidad Javeriana of Bogotá University of Milan
NICHOLAS ONUF GUIGUO WANG
Florida International University Tulane University, New Orleans
THOMAS G. WEISS
City University of New York
ADVISORY BOARD
MOHAMMED BEDJAOUI FRANCO MOSCONI

United Nations University of Parma
MOHAMED BENNOUNA SHIGERU ODA
International Court of Justice, The Hague Tohoku University
ARMIN VON BOGDANDY JOSÉ ANTONIO PASTOR RIDRUEJO
Goethe University Frankfurt Complutense University of Madrid
Max-Planck-Institut, Heidelberg FAUSTO POCAR
ROBERTO F. CALDAS University of Milan
Inter-American Court of Human Rights, San José GUIDO RAIMONDI,
HUGO CAMINOS European Court of Human Rights, Strasbourg
University of Buenos Aires GEORG RESS
ANTONIO CAPALDO Saarland University, Saarbrücken
Catholic University of the Sacred Heart, Milan FRANCISCO REZEK
SERGIO MARIA CARBONE University Center of Brasilia
University of Genoa CHRISTOS ROZAKIS
CHRISTIAN DOMINICÉ University of Athens
University of Geneva PHILIPPE SANDS
PIERRE MICHEL EISEMANN University College London
University of Paris I Panthéon-Sorbonne MOHAMED SHAHABUDDEEN
RICHARD A. FALK Institut de Droit International
Princeton University HUMBERTO ANTONIO SIERRA PORTO
DIEGO GARCÍA-SAYÁN Inter-American Court of Human Rights, San José
Inter-American Court of Human Rights, San José CHRISTIAN TOMUSCHAT
SHI JIUYONG Humboldt University of Berlin
Foreign Affairs College, Beijing JOE VERHOEVEN
UMBERTO LEANZA University of Paris II Panthéon-Assas
University of Rome Tor Vergata PHILIPPE WECKEL
PAOLO MENGOZZI University of Nice Sophia-Antipolis
Court of Justice of the European Union, Luxemburg
FORMER MEMBERS OF THE BOARDS OF EDITORS
M. CHERIF BASSIOUNI † JOHN G. MERRILLS †

DePaul University College of Law, Chicago University of Sheffield
FLORENTINO P. FELICIANO † SHABTAI ROSENNE †
University of the Philippines Institut de Droit International
THOMAS M. FRANCK † ERIC STEIN †
New York University School of Law University of Michigan Law School
HÉCTOR GROS ESPIELL † SOJI YAMAMOTO †
University of Montevideo Tohoku University
PIERO ZICCARDI †
University of Milan
Co-Managing Editors
DIEGO MEJÍA-LEMOS ANNA ORIOLO
National University of Singapore University of Salerno
Editorial Assistants
ANNA BUONO
University of Salerno
BRONIK MATWIJKIW
Southeast Missouri State University
xii
xiii
AIMS & SCOPE

Editor’s Note
by Giuliana Ziccardi Capaldo*
The Global Community Yearbook of International Law and Jurisprudence (GCYILJ) is a

peer-reviewed annual journal, which is included in Scopus and which, so far, has eighteen
editions on its publication record. Over the last two decades, the Yearbook has established
itself as an authoritative resource on the most significant transformations in the world con-
stitutive process.
The Yearbook makes it possible for its readers to monitor the development of the interna-
tional order towards a legal system for a global community. In the process of accomplishing
this goal, it provides detailed insights into the incremental changes that have occurred, and
from several perspectives.
While providing researchers and practitioners with access to a uniquely rich resource
for the study of international jurisprudence, the Yearbook also promotes discussion on cur-
rent issues that impact substantive and procedural aspects of global law. Each contribution
affords the reader with an opportunity to reflect upon a piece of cutting-edge research.
The Yearbook continues to address, discuss and monitor “the structuring process
of a global community in which a coherent legal system for a universal human society is
being built.” This succinct quote is from the inaugural editorial of this journal (G. Ziccardi
Capaldo, 2001), and it is deliberately chosen to highlight the continuity of the Yearbook’s
overarching theme: global law, global constitutionalism and global governance.
The theoretical parts of the Yearbook (Articles, Notes and Comments, In Focus, Forum)
contain accounts provided by leading scholars and judges from all over the world on cur-
rent and future developments in international law and global policies, as well as trends in
global justice and the impact of judicial pronouncements pertaining to the building of the
new legal world order.
As a platform for continuous analysis and assessment, the Yearbook welcomes interdisci-
plinary contributions too. In 2017 and in recognition of its impact on global law, global con-
stitutionalism and global governance, ethics was listed among those areas and perspectives
* Professor of International Law (Emeritus), University of Salerno, Italy; General Editor.
xiii
xiv
xiv Aims & Scope
that form integral parts of the journal’s process of continuous renewal. This step is, in one
sense, a logical one for the purpose of monitoring the development of the international
order towards a legal system for a global community, albeit ethics currently must be viewed
as an embryonic phenomenon. The Yearbook aspires to respond to exactly such a phenom-
enon, especially since various precursors for its integration appear to contain a promise for
a dynamic pattern.
Concerning continuity, the Yearbook has already celebrated its 15th anniversary. On
that occasion, in 2015, I announced the most recent improvements and the future course
of the journal. In 2017, I mentioned yet more changes. Now, in 2018, I can present the fol-
lowing summary of the steps to enhance the Yearbook going forward as follows.
First, several other distinguished scholars agreed to join the boards (see Editor’s Note,
of this Yearbook 2015), just as we embarked on a number of new projects that are either in
the execution phase or have been completed. Unfortunately, we had to announce the de-
parture of two giants of international law. It was with great sadness that the Yearbook had to
mention the loss of respectively Professor M. Cherif Bassiouni and Professor John Merrills,
authoritative members of the Board of Editors.
Second, the Yearbook has been redesigned. Previously, it was published in two volumes.
The Yearbook now consists of one volume. Besides improving the user experience of the
print version, this change will also improve the e-book and its Oxford Scholarship Online
(OSO) version. The latter constitutes an important step and tool for the Yearbook.
Third, since 2015, the Yearbook has regularly featured commentaries on the OUPblog
on a variety of topics. The 2017 edition continued this activity with much enthusiasm (see
my post No-impunity as a Global Constitutional Principle, January 11, 2018 at https://blog.
oup.com/2018/01/no-impunity-constitutional/).
However, the 2017 edition also introduced a couple of changes to the part 6, entitled
“Recent Lines of Internationalist Thought,” which has otherwise been included in the
Yearbook since 2006. The main objectives of this part are to give an overview and a critical
appraisal of the current international law literature, provide readers with an opportunity to
study and interpret issues from different perspectives, examine different methodologies,
and explore ideas from different cultures. Another novelty for this part concerns the subject
behind the original authorship—meaning that the Scholar/Judge who contributes thoughts
and ideas is also talking about his own work. It is customary for somebody in authority to
talk about himself! The Yearbook wishes to utilize this fact and indeed resource as yet an-
other platform for disseminating research findings as well as communicating experiences of
a more practical-professional nature.
Professor Cançado Trindade’s 2017 contribution was the official inauguration of the
above-mentioned new features of the part. Being widely recognized for his very creative
ideas and innovative approaches, the choice of Professor Cançado Trindade was a perfect
one for this special occasion. The Yearbook used the form of an “autobiographical essay” to
capture his experiences in different roles, from teaching international law to practicing as
a Judge and President of international courts. It is hardly surprising that one of the main
intentions was and—after having launched the format successfully—continues to be to
shine the light on the challenges faced by the emerging world society.
In this edition (2018), the reader will thus be able to enjoy an exciting and intriguing
encounter with Professor Thomas Weiss’s magistral essay for the part 6 in question. In this
piece, the author’s pursuit of global governance is explored both in his capacity as a scholar
and as a practitioner. Scholarly-analytically, the essay addresses the contemporary reality
of international organizations and multilateral cooperation. However, as former chair of
the Academic Council on the UN System and as a recognized authority on international
organizations, Professor Weiss draws on valuable professional experiences when he focuses
xv
Aims & Scope xv
on the world organization’s under-appreciated contribution to key ideas, norms, principles,

and standards.
Among the most significant changes concerning parts 4 and 5 that deal with interna-
tional jurisprudence, I would like to address the following:
Beginning with the 2009 edition, the Yearbook has undergone a process of gradual
restructuring to update the part 5 that is now entitled “Global Justice—Decisions of
International Courts and Tribunals.” This part, divided into sections and primarily devoted
to the highest judicial bodies, continues to report annually on significant international
case law, as systematically ordered by legal maxims. Between 2009 and 2018, we have set
up a new format for “legal maxims” whereby the most important elements of the judicial
decisions are now distilled, while leaving aside the facts of the case as much as is possible.
The extraction of legal maxims from the courts’ decisions, together with their elaboration
and systematic classification, is the core of the uniqueness of the Yearbook. The remarkable
development of the international courts and tribunals has made it increasingly difficult to
follow closely the wealth of case law now emanating from the relevant jurisdictions, without
the help of an intermediary. Therefore, both the originality and utility of the Yearbook lie
precisely in its “intermediation” function—between case law and international scholars,
practitioners, and students.
The contents of this new edition (2018) have been enriched with the inclusion in the
last mentioned part of a new section devoted to the Permanent Court of Arbitration (PCA),
the oldest global institution that offers a wide range of services for the settlement of in-
ternational disputes. It is a great achievement for the journal to have a continuous pattern
of growth, expansion and innovation together with an established record of high-quality
publications in the field of international jurisprudence, thereby presenting a wide spectrum
of international case law and varied expert opinions at the highest levels. For this purpose,
it should be mentioned that, as in the past, an Introductory Note, written by distinguished
and internationally renowned academics and judges on each judicial body, provides a syn-
opsis of their activity over the course of the year.
Furthermore, beginning with the 2010 issue, the Yearbook has included the part 4
entitled “Forum—Jurisprudential Cross-Fertilization: An Annual Overview.” Using com-
parative analysis, this highlights the interconnections between the decisions of interna-
tional courts and tribunals. The Yearbook is the first academic journal to present an annual
overview of the process of cross-fertilization between courts. A comprehensive and com-
plete survey by eminent international law scholars exploring, evaluating and documenting
this process has the potential to promote a favourable environment for the courts to ad-
vance judicial cooperation with a view to the possible harmonization of legal principles
governing the global community.
Finally, among the noticeable improvements is the increased online availability of the
Yearbook (which is available on Oxford Scholarship Online:
http://www.universitypressscholarship.com/search?isQuickSearch=) as well as the
journal’s new website (at http://www. globalcommunityyearbook.org/) that provides much
more information on the journal (including the Archive of the editions from 2001 to date).
This positive development will enable Global Community YILJ to continue to strengthen
its reputation as a leading journal in its field.
I express my warmest thanks to the members of the Editorial and Advisory Boards,
authors and reviewers for their dedicated contributions to the continuing success of the
journal. I extend my thanks to the Oxford University Press team, especially the current ed-
itor, Dennis Gargano who, in addition to taking care of the production of the journal with
great skill and dedication, has been heavily involved in the process of growth and change.
13th December 2018
xvi
xvii
OUTLINE OF THE PARTS
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 contra-
dictory, 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 har-
monization of norms and procedures and the implementation of global law.
FORUM—J URISPRUDENTIAL CROSS-F ERTILIZATION:

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.
xvii
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xvii
xviii Outline of the Parts
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 var-
ious 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 cus-
tomary 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 interna-
tional 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 pro-
cess of cross-fertilization between courts, based on the drafting and systematic classifica-
tion 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 comprehen-
sive 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 harmoni-
zation of legal principles governing the global community.
GLOBAL JUSTICE—D ECISIONS 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.
xix
Outline of the Parts 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 usu-
ally 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 orig-
inal 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 interna-
tional 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 inter-
national law literature providing readers with an opportunity to view arguments from different
perspectives, to examine different methodologies and to explore ideas reflecting cultural diver-
sity. 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.
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gave him the report to take back. I shall never forget “Ducky’s” eyes,
sick with seeing horrors, as he turned to go.
As he disappeared, a tall figure came striding along from the right—
Capt. Fleischmann, with dark circles under his eyes, blackened and
stained from head to foot with blood and powder. We greeted each
other as risen from the dead, and compared notes. He had run into
the enemy in force strongly established in concrete pillboxes and
machine gun posts; and while scattered groups of his company had
won through to the company objective, they were unable to hold it
without machine guns against the enemy’s enfilading fire. The
remnant had retired to their old line of outguards, after suffering
heavy losses.
Since I still thought the 312th Inf. might be far out to our left front,
and depending on us to cover their ultimate withdrawal, we decided
that B Co. should hold on where we were, while D Co. would string
scattered Cossack posts along their old line until relief or further
orders came up.
The morning wore on; still no news from our left flank. I kept on the
move up and down the line, assuming a confidence that I did not
feel; for of course if the enemy advanced in any force we were done
for. Still we had our orders, and there was nothing for it but to put up
the best scrap we could.
Some things were funny, even then. I remember the company
barber, that sterling son of Italy, after a Boche sniper put a bullet past
each ear. He wriggled back from his unpleasant position on the crest
of the ridge, and retaliated by holding up his rifle at arm’s length over
his head, pointed northeast, and executing rapid fire, pulling the
trigger with his thumb, while he regarded my approach with the
complacence of conscious ingenuity. I think the Boche must have
laughed too; for the branches of a tree across the field began to
shake, and a bullet brought a gray body tumbling down from branch
to branch.
We had some food—hard bread, corned willy and goldfish—but very
little water. It was pitiful to see the wounded, who wouldn’t take any
from the others, because they were going back when the stretcher
bearers got around to them. Levy and his detail worked like Trojans,
but it was a long trip, and every time they returned there was a fresh
batch of wounded to be carried.
There was one man—I wish I could remember his name, but though
every event stands out clearly in my mind, I cannot remember the
names connected with them. He was sitting with his back against a
tree, wounded by a shell in the legs and stomach. When I asked him
if I could do anything for him, he said “If I could have a little water.” I
gave him my canteen, which had a couple of swallows left in it. He
shook it, and grinned and shook his head. “Not your last, Cap’n.” I
told him that Levy had just brought up a can, and hurried off to the
left, where the firing was getting heavy. When I passed that way
again, the man was dead. And the water was still in my canteen, and
he had screwed the stopper back on; so he must have thought I was
lying about Levy.
Three o’clock came, and shortly after a platoon from A Co. under Lt.
Bigler came up to reinforce us. They were posted on our left flank to
hold the ravine up which the enemy had been trying to advance and
flank our position. I couldn’t understand why the Germans in front of
D Co. had not come in on our right flank yet.
At 3:30 a patrol of two officers and six men came up the road on the
left, and as they drew near I recognized Capt. Gray, of the 312th Inf.,
who I knew commanded their outpost line. His news was not
encouraging. His company had received no orders to advance; they
were still on their old line to our left rear. We arranged that he should
run a line of Cossack posts along the road up to join us, so that we
would have at least a continuous line of outguards on the brigade
front. On the way over the ridge from his right flank post, his patrol
had had several skirmishes with German outposts or patrols; so the
enemy was apparently venturing back to the positions where our
patrol had flushed them earlier in the day.
Just after he left—about 5.30—Lt. Col. Budd came up with several
men. I was certainly glad to see him, and even more glad to see
Levy with a can of water, which he doled out, a swallow to each man.
Col. Budd looked over the situation, and decided that we should hold
the ridge until nightfall, when we would be relieved. While he was
there, three German snipers managed to get into a rifle pit on the
plateau about a hundred yards in front of us, and made things very
hot on the right flank. Sgt. Lehy took our last two rifle grenades, and
dropped the second one plumb into the pit, which discouraged those
three for the day.
Col. Budd departed to arrange for sending up water, ammunition and
the relief.
At 5:30 the enemy’s artillery started in on us again, sweeping the top
of the ridge with shell and shrapnel, and dropping time shells into the
ravine behind it. For twenty minutes he poured in a heavy barrage,
while we hugged the ground and gripped our rifles. If this meant a
counter-attack in force we were up against it, because our
ammunition was running low; but if we could beat them off once
more we might hold out until night brought the relief.
But this time the enemy was starting the real thing. He knew the
ground like a book, of course; and I must say that his attack was ably
planned and bravely executed. While his artillery shelled us,
machine guns worked around behind both our flanks. At 5:50 men
from D Co’s outguards came running in and reported that the enemy
had advanced in force, broken their skeleton line, and was coming in
on our right flank with machine guns. Even while they spoke, the
“Tap-tap-tap” of the machine gun broke out on the right to confirm
them, and our Chauchats spat back in answer.
In those woods, it was merely a question of who could throw enough
lead to keep the other fellow’s head down; and at this game our
Chauchats had the chance of the proverbial snowball. With Sgts.
Reid, Lehy, Fahey and Levy, the right flank, which had been
disorganized and driven in with the D Co. outposts, was re-formed,
and a firing line built up at right angles to our front to face our new
foes. The enemy in front was pouring in a hot fire; we could not
encircle the enemy machine guns to the right because of that belt of
wire behind us. Meanwhile those same machine guns were
enfilading our main line along the ridge.
Our only chance was a frontal attack on them. First we tried a series
of rushes. I realized then exactly what was meant by “fire
superiority,” and the enemy certainly had it. One Chauchat ran out of
ammunition. The other was in Cocker’s hands, and he used it well
until it jammed. He worked at it desperately for several minutes, as
he advanced with the line; then he threw it up against a tree in
disgust, crying bitterly “That’s a hell of a thing to give a man to fight
with.” From then on we had only our rifle fire against their leaden
hailstorm. Neither side could aim their shots, but they were shooting
twenty bullets to our one, and our hastily formed line was driven
back.
As they retired, Sgt. Fahey and I, with two other men, tried to sneak
up along the top of the ridge and get close enough to bomb one of
the machine guns. We were lucky at first, the enemy being busy with
his bullets further down the slope. We saw four Germans, carrying
ammunition ahead of us, but held our fire, hoping they would lead on
to their gun. Fahey slipped me a bomb, and I pulled the pin, ready to
throw. Just then a new devil’s tattoo broke out about fifty yards away
to our left, and the bullets came showering about our ears. They
must have caught sight of us through some opening in the trees, and
were probably waiting for just such an attempt. One of our patrol was
riddled through the stomach and back, and started crawling back on
one hand and his knees, with strange, shrill moans like a wounded
animal. The other was killed instantly. Fahey and I looked in each
other’s eyes for a startled moment; each, I think, wondering why the
other was not killed. A bullet went through the tube of my gas mask,
as I noticed later. Fahey lifted his eyebrows and pointed at the new
gun. I nodded, and we started for it. But the first gun’s crew heard
the cries of the wounded man, and traversed back and forth by us.
Fahey staggered, shot through the chest. We could not see to throw
a bomb, and it would probably hit a branch and light on us anyhow.
Our slender chance vanished, and we slipped back through the
trees.
As we returned, I saw our left flank retiring in some disorder, further
confusing our hard pressed right. The enemy had driven back the
post holding the head of the ravine on our left, and we were in the
desperate position of being enfiladed from both flanks. Our losses
were heavy, and ammunition was very low.
I glanced at my watch—only 6:20. No chance for the Lt. Col. to have
gotten a counter-attack under way. The position had become
untenable, and at any moment might develop into a complete cul-de-
sac. It was time to pull out.
I gave the order to withdraw by squads and fall back to the old
outpost line; 4th platoon to go first, covered by the 1st and 3rd; then
the 4th platoon to cover our withdrawal from the other side of the
wire.
As the first squad from the 4th platoon started through the wire, a
machine gun opened on the wire and the road before it, killing two
and driving the rest back. The platoon leader reported that it was
impossible to get across.
To remain, however, meant almost certain death for all, with very
little chance of inflicting compensating losses on the enemy. So as a
last resort I took the 1st platoon, and during a momentary lull in the
firing we made a rush for it in two or three groups at different places.
The wire clawed and tore at us as though it were alive. My group
scrambled through, somehow, anyhow, marvelling that the bullets did
not come. When half way through I noticed that I was still
mechanically holding Fahey’s bomb, with the pin out. I went a bit
carefully after that, so was the last one through. As I ripped my
puttee free from the last strand of wire, the machine guns started up
again, and I hugged the dirt while bullets cracked viciously overhead.
The grass and green leaves felt cool and smelled fresh and green,
and a little green bug went scrambling along a creeper, two inches
from my nose.
Presently another lull came, and I proceeded to worm my way
through the underbrush, looking for my half platoon. Not a sign of
them. They had gotten clear of the last burst of fire, and then made a
break for it.
The machine guns were still firing intermittently, but I heard no reply
from our rifles, and hoped that the others had followed us through
the wire. Most of them had, as I found out later.
Then came the hardest moment of the war for me. A group of about
20 men had remained on the hill, apparently despairing of crossing
the wire alive. An officer was with them, and upon him lies the
responsibility of what happened. The men themselves had done
brave service before that time. But, as I understand by permission if
not under orders, they raised the cry of “Kamerad.”
When I realized that this had really happened, I tried desperately to
cross the wire to them again. But I was in too big a hurry, and made
too much noise. The machine guns spotted me promptly, and
streams of bullets made the sparks fly from the wire six feet ahead of
me. Before I could work around to another place, I heard the sound
of their withdrawal toward the German lines, and knew I was too late.
My next job was to get back to the old outpost line and take charge
there. The enemy machine gunners had penetrated well to our rear,
and I had to go very cautiously, hearing their voices all around. They
were withdrawing, however, and in ten minutes I found out why.
Their artillery completed the day’s work by shelling the ravine and
vicinity in their usual methodical manner. Not to be outdone, our own
artillery did the same. This was the last straw; I was too dead tired to
dodge American shells as well as German. So I crawled under a
bush and waited for whatever was on the cards. In two minutes I
dozed off, with the shells banging all around.
I must have slept for about twenty minutes. Waking with a start, I
found dusk setting in. I took off my tattered slicker and wound it
around my tin hat, to keep the twigs from playing an anvil chorus on
it. The shelling had stopped. My short rest had revived some interest
in life, and I slowly retraced our advance of that morning. I didn’t
think the enemy had left any outposts behind, but in any case was
too tired to care, and went clumping along like any Heine. I arrived at
our old outpost line, which we had held long, long ago, it seemed. It
was absolutely deserted. I went along the path, past D Co.’s
headquarters, and noticed that a shell had landed there and set off
those pyrotechnic signals which had been quite fireproof two days
before.
Apparently the war had been called off around here. I pottered about
for quite a bit, but could find no one. Somehow my principal feeling
was an immense relief that for the present I had no responsibility, no
one to look out for but myself. Presently, however, it was evident that
as I had not even a runner, I had to go back to Bn. Hdq. myself and
report on the situation.
Wearily I plodded off, back over Dead Man’s Hill. It was quite dark,
about 11 P. M., and I was making very slow time. As I drew near the
main line of resistance, I came upon two D Co. men, lying where
they had been hit by a shell. One was dead; the other had a leg shot
off. He said he had been lying there for about three hours. His
comrade had helped him tie up his leg before he died. I left my
blouse over him, as it was chilly, and went on to the firing trench,
which had wire in front of it by this time. I had some trouble
convincing the occupants of my identity. In truth, with no blouse, my
ragged slicker draped about my helmet, the shoulder of my shirt all
torn and bloody, and my breeches and puttees in tatters, I didn’t look
much like an officer, and not at all like a gentleman.
I stumbled down the ramp into Bn. Hdqrs., where I found Maj. Odom,
Foulkes, Strawbridge and Lt. Col. Budd, to whom I reported. Capts.
Markewick and Laing, of “I” and “L” Cos., were also there. Thinking
the position in front was strongly held by the enemy, the idea was to
send these companies up at dawn behind a rolling barrage to re-
establish the outpost line. I was glad to tell them that this was
unnecessary, and they later strolled on up in single file and occupied
our old line without a single casualty.
Major Odom in turn told me that Lt. Dunn with most of the 1st and
2nd platoons had already come in, and had been sent to the kitchen
for chow. Louis Foulkes gave me some water and a couple of
doughnuts, which I was nearly too sleepy to eat.
I had to report to Regimental Hdq. then, and rehash the day’s
operations; but all I remember is that Capt. Brennan gave me some
grape jam and bread and water, and the regimental surgeon
swabbed my shoulder with iodine. I have some hazy recollection of
the Colonel himself pulling a blanket over me, though this may not
be correct.
Late next morning I woke up to be greeted by Strawbridge with the
news that our travel orders had come, and we—he, Capt. Brennan,
and myself—were directed to be at Langres—wherever that was—by
October 1st.
As soon as possible I rejoined the company, which had been
stationed at Brigade Reserve with the remnants of D Co. We had
about 50 men left, not counting 20 who were on various special
details. Sgt. Wilson and the cooks fed us like lords, and we made up
for the past week. Big shells landed around occasionally, but it was a
Philadelphia Sunday compared to what we had just left.
The company was reorganized as a platoon, with Lt. Dunn in
command and Reid as top sergeant. We slept in pillboxes or gun
emplacements, or anywhere else where there was a bit of shelter.
The next day I said goodby to the company for six weeks, as I
thought. There were rumors that the Bulgarians were nearly done,
and the Austrians weakening; but I don’t think that anyone dreamed
that the armistice was only six weeks off. I stopped off one night with
Sgt. Stiles to write up the company records, and finally boarded a
motor truck for Toul.
From this point the history is taken up by Lt. Gardenier, Sgt. Stiles,
Sgt. Peter and Sgt. Tracy White.
CHAPTER VII
MEUSE-ARGONNE
Sept. 28th: Today the company commander left the company,
leaving same in charge of Lt. Dunn, the only officer left. He
reorganized the company—two platoons of about 40 men each was
our strength. We remained in reserve in the Bois des Grandes
positions until the night of October 4th. It was during this period that
rumors of the enemy countries, Bulgaria, Turkey and Austria having
quit reached us, causing a great deal of discussion and doing much
to keep the morale at its highest. Sergeant Reid left for Officers’
Training School.
Oct. 4th: “We are going out for a rest”—These words were heard all
through the company. Shortly before dark we left our position and
marched to the road that led through Limey and remained there until
midnight. We then started on what was one of the most tiresome
hikes we ever experienced, and finally, at 5:30 A. M., reached the
forest de la Reine. A fact that is worthy of mention and probably
refreshes the reader’s mind of incidents of the night was what
seemed to be a direct hit on an ammunition dump to the right. The
sky was brilliantly illuminated and was the cause of numerous
rumors and suggestions as to the reason of the glare. We remained
here until about 4:00 P. M. October 6th, and then started off for what
we fondly believed was a rest. Subsequent events proved that our
hopes were not to be fulfilled. It was here that Lt. Luhn joined the
company. After hiking until midnight, most of the time through rain,
we reached Mecrin and were so tired that regardless of the weather
we threw ourselves on the ground and without further aid went to
sleep until the following morning. Sgt. Perry rejoined the company at
this place. At 11:30 A. M., we started again on a hike to Pierrefitte,
arriving at 10 P. M., having covered about 24 kilos. It was again our
fate to have mother earth for a bed this night.
From here we hiked a short distance to Nicey, where we took busses
for a 40 kilo trip to Beauchamp Ferme in the Forest de Argonne,
arriving about 10 P. M. in what seemed to be the darkest spot on
earth. As usual it was raining, and this added greatly to our
discomfort. There were only sufficient barracks for one company, the
rest of the outfit had to sleep in their shelter tents, pitched in spots
that were not very appealing when revealed at dawn. Lt. Dunn
having been ill for some time left us here and Lt. Lahey took
command of the company, having been transferred from Company
“I.” Sgt. Perry having been made 1st Sergeant upon his return to the
company aided materially in reorganizing the company. We had a
few days of much needed rest here and also consumed quantities of
wood in making bonfires that dried us out and made life a little more
cheerful.
At 2:00 A. M. October 10th we aroused from our slumbers with
orders to roll packs and be ready to leave at once. This was another
example of how things are done in the army. Having spent several
hours in rolling packs and getting breakfast, it was 7:30 A. M. before
we started out. Our hikes of several days previous to arrival at this
camp had taken us through many ruined villages and parts of the
country recently evacuated by the enemy. Today’s hike covered 22
kilos and brought us into the heart of the Argonne, the same ground
having been bitterly contested by opposing armies only a week
previous. It was here that we were able to form a definite idea of how
the Germans lived behind the lines. Every hillside was covered with
dugouts made of concrete and heavily timbered and furnished in a
style that had been unknown to us during the past four months. In
the Limey Sector we found some German camps that were fitted up
in grand style, but these could not be compared with the ones
mentioned above. The officers’ quarters were equipped with shower
baths and in one place a large swimming pool. Everything seemed to
denote that the Germans intended to stay there for all time. The
signs on the trees and every crossroad led one to believe that the
Germans were a nation of sign painters. Arriving at our destination
after hiking about 23 kilos we appreciated an opportunity to rest and
lost no time in pitching tents and getting a much needed sleep.
The following day we marched about 4 kilos and took up a position in
the Bois de Chatel. It was here, on the eve of October 12th, that our
much battered company of approximately 80 men, all veterans of the
St. Mihiel, received 104 replacements from the 86th Division. Some
of these men had never fired a rifle and were not familiar with the
use of the gas mask. The company was again reorganized. The four
platoons were placed in charge of Sergeants Newell, Lehy, White
and Weber, respectively; to these men and our two officers, Lts.
Lahey and Luhn, is due the credit of training these new and
inexperienced men so that when they were called upon they made a
creditable showing. Too much cannot be said about the way these
men took care of what seemed to be almost a hopeless task.
October 15th again brought us under shell fire. About 8:00 P. M. we
left our positions and marched through heavy rains to relieve a unit
of the 308th Infantry, west of La Folie Ferme. We took up our
position about 3:00 A. M. and despite the fact that we were wet
through, made ourselves as comfortable as circumstances would
permit, only to be awakened at 5:30 A. M. to prepare to advance at
once. While preparing, Jerry saluted us with a barrage that, while it
lasted, was very annoying and upset the new men exceedingly, this
being the first time they had ever been under shell fire. This lasted
only for a few minutes and after their baptism they all acted like
seasoned veterans. This relief having been made during the
darkness of the night, the units encountered great difficulty in
keeping the men together. There was considerable mixup on the
road that led to Chevieres; three columns of troops and a transport
train trying to pass at one time. This caused a great deal of
confusion and the result was that many of the new men became
separated from the company and did not rejoin us until the following
morning. On October 17th Sergeants Levy and Wilson left for
Officers’ Training School. This morning we lost Sergeant Lehy; he
was killed just one hour before he was ordered to leave for Officers’
Training School.
Oct. 18th: At 10:00 P. M. we took up a position in the front line to the
west of Chevieres, relieving our 2nd Battalion. At 3:00 A. M. we
stepped off in a line of combat groups in support of “C” company,
and advanced through heavy artillery and machine gun fire. We
reached our objective at daybreak and held same through the day
under continual fire from the enemy snipers and machine guns.
Enemy planes endeavored to locate our position and flew so low that
the aviators were easily seen. Their object no doubt was to signal
their artillery the location of our position, but judging from the heavy
barrage that fell directly in back of us, their efforts were not crowned
with success. We suffered quite a few casualties during this attack,
among whom was Sgt. Welch, who had been recommended for a D.
S. C. for bravery at St. Mihiel. He was wounded in seven different
places by machine gun bullets, but refused to be evacuated until the
other wounded men had been taken care of. Owing to our advanced
position, and both the units on our flanks having failed to obtain their
objectives, we were subject to such a heavy fire that it was
impossible to evacuate our wounded until dark. Toward evening the
enemy closed in on both flanks, and on our front, making our
position untenable, and under cover of darkness drew close enough
to drop hand grenades among our fox holes. This caused our
officers to call for volunteers to carry a message to the Battalion
Commander. After several runners had failed to get through, Sgt.
White had volunteered to carry the message and reached Battalion
Headquarters P. C. in safety and returned with instructions to have
the company withdraw. He was awarded a D. S. C. for this brave act.
His entire route was continually subject to heavy artillery and
machine gun fire. By performing this deed he undoubtedly saved
many lives and enabled the company to make an orderly retreat to
the position they left that morning. He also assisted in directing the
evacuation of the wounded; every man was removed without further
casualties. During the activities the enemy continually sent up
rockets and flares so that our movements could only be made during
short minute periods of darkness. Too much credit cannot be given
to both Lt. Lahey and Lt. Luhn. Their bravery and unselfish action in
face of the enemy did much to keep up the morale of the men. We
fell back to the position we had left that morning, and remained until
6:00 A. M. Then we fell back to railroad track running from Chevieres
to Grand Pre, where we remained about four hours and then
advanced again and took up our position along the River Aire. Here
we remained for nine days and nights under continuous shell fire.
While we suffered no casualties at this place from the enemy fire,
several of our men were evacuated with influenza. One great
difficulty that we experienced here was that of obtaining rations, as it
was impossible to bring them up during the day, and at night Jerry
threw over such a heavy shell fire that made the work of the ration
parties extremely hazardous.
On Saturday evening, October 26th, we were relieved by the 310th
Infantry and took up a position in Brigade Reserve in the Bois de
Negremont. This day Lt. Luhn was transferred to “D” Company, and
we were again left with only one officer. Having lost a great many
men, it was necessary to reorganize the company again. There were
only sufficient men left to form two platoons. This position was
subject to intermittent shell fire which caused occasional casualties.
The night of October 29th-30th will be one that will be long
remembered by those men who were present with us. The enemy
had been shelling us the entire evening without causing any
casualties. It was about 1:30 A. M. a shell, the last one he fired that
night, struck a tree directly over our camp and exploded. It killed or
wounded 14 men, and Lt. Lahey was also severely wounded. Lt.
Lahey’s bravery at this critical period was such that his men never
cease praising him. While wounded so seriously that he died two
days later, he directed the evacuation of all the other wounded men
and gave instructions to the non-commissioned officers left with the
company, before he permitted himself to be evacuated. Sgt. Newell,
then acting 1st Sergeant, was killed instantly by this same shell. Sgt.
White was now in command of the company and did excellent work
keeping the company organized until the arrival of Lt. Gardenier. The
following day, October 30th, the enemy resumed their heavy shelling
and we suffered several more casualties in killed and wounded.
During our stay in the Bois de Negremont we were fortunate enough
to get a bath by walking five miles for it, and a change of underwear,
but seldom it was indeed that we received more than one meal a
day, so continuous was the enemy shell fire.
Oct. 29th: The position of the company was still in the Bois de
Negremont, in Brigade Reserve. Pvt. Koehler was killed by shell fire
during the day. Toward evening the shelling let up and was fitful and
erratic from that time on. Lt. Gardenier arrived in the evening and
took command of the company which was at the time in charge of
Sgt. White.
Oct. 30th: The morning was spent in reorganizing the company and
issuing equipment preparatory to the drive which was to start the
following day. The company was divided into two platoons, the first
under Corporal Ahearn, and the second under Corporal Thomas
White; with Sgt. White second in command of the company. Pvt.
Koehler was buried at La Noua le Coq, near the chateau. There was
considerable shelling during the afternoon, but there were no
casualties, and the appearance of a big consignment of rations in the
evening did much to hearten the men. Enemy shell fire had
interfered with the rations considerably up to this time, as there was
but one route the ration parties could take and it seemed to be quite
familiar to the Boche artillerymen.
Combat packs were made at night and the company was ready to
move early in the morning as the 2nd and 3rd Battalions were to
attack at dawn. In the afternoon a pirate 75 was moved up behind
our position and engaged in an artillery duel with a Boche battery
until late at night. The only result being a fairly continuous shelling of
our area.
Nov. 1st: At 2:30 A. M. the barrage preparatory to the launching of
the second phase of the Meuse-Argonne opened. The sky behind us
was a flickering, gleaming red. The roar was as of myriad drums
rolling almost in unison, and the air overhead seemed almost alive
with whistling visiting cards to the departing Jerry. The effect of this
on the men who had heard little but shells coming in their direction
was tremendous. The men walked about the hills whistling and
singing and the erstwhile quiet forest was alive with conjectures as to
what was happening when the winged death that was flying
overhead arrived at its destination. After the firing had ceased there
was extreme quietness and there was no activity during the night.
Nov. 2nd: The company was held in readiness throughout the day,
and after mess in the evening packs were slung and the Battalion
moved out. It began to rain just at the start, and the path we followed
in the pitch black forest was steep and slippery. We progressed
slowly over the plain between la Noua le Coq and the Aire River and
entered the shell-torn town of Grand Pre. Passing through the ruins
along the Kron Printz Strasse, we went north to the road fork
between Grand Pre and Ferme des Loges. Here the company was
detached from the Battalion, Lt. Conroy was placed in command and
we waited for trucks to enable us to overtake the now flying enemy.
Trucks were boarded about 11:00 P. M. and we bumped over the
shell-torn road in the general direction of Germany, until our way was
blocked by a mine hole not yet repaired. We debussed and hiked to
Briquenay, where we found the 312th Infantry had the situation in
hand and with the exception of about twenty men who formed an
ammunition detail for the 309th Machine Gun Battalion, we turned
into some German billets about 2:30 A. M. The infantry advance up
to this time had been so swift that the artillery had been unable to
catch up to us, having set up their guns three times without firing a
shot.
Nov. 3rd: During the day the 2nd Battalion passed through Briquenay
and we were held there. Most of the time was spent in improvising
meals and exploring the debris left by the enemy in his hasty flight.
Toward evening about 200 American airplanes in combat formation
flew over going north. Lt. Conroy returned to Battalion Headquarters.
About 5:00 P. M. the rest of the Battalion moved out and through a
misunderstanding the company was left behind. When our plight was
discovered we set out for Germond, and after passing a Battalion of
the 308th Infantry on the road arrived just in time to get the last
available billets. Germond at that time held the four Regimental P.
C.’s of our division, one of the 77th and somewhere in the
neighborhood of 2,000 troops.
Nov. 4th: At 5:00 A. M. we started for Authe, after the heartrending
procedure of passing a battalion of the 308th Infantry lined up for a
hot meal. We went through Authe to Brieulles under fairly heavy
shell fire where the road had been blown up, six mines having been
placed at a bridge and we were forced to make a long detour
through a swamp. From there we proceeded to Les Petites Armoises
as the advanced guard of the Brigade. It was a gruelling hike and
considering the condition of the men, the spirit shown was
remarkable, and we halted south of the town only four men less than
we had left Germond with in the morning. Artillery was quite active
there and we witnessed some wonderful work by German batteries
and an airplane in destroying a group of buildings to the west of us.
On entering the town we were greeted by delighted civilians who had
been under German rule for four years and who gave us some
atrocious black bread covered with lard which almost tasted good.
They also warned us that the enemy had a machine gun nest to the
north of the village.
After deploying we started up the hill, and soon as scouts appeared
above the crest machine guns opened up on them. In the
subsequent reconnaissance Privates Sullivan and Burchell were
killed by machine gun fire. One gun was located about 300 meters in
front of us and in an effort to flank its position the right of the
company was deployed along the crest of the hill, and was in
position to rush it, but it was cut off by fire from the flank. After three
attempts Sgt. White brought the left flank to a similar position only to
have the advance halted by another machine gun. As it seemed
impossible to advance without auxiliary weapons the company was
withdrawn and dug in half way down the hill. “D” company
established contact on our left but there was nothing on our right but
German machine guns. Corporal Miller led a patrol in an effort to put
the guns out of action, but was unsuccessful because of the covering
fire from other guns and the openness of the country. About 3:00 P.
M. two airplanes arrived and one by his near presence causing a
Boche plane to retire, dropped a message which said “There are
Boche machine guns in a shell hole 200 meters to your front.” This
information was somewhat superfluous, but the affair was
interesting. The other plane, endeavoring to locate Company “D”
flew too low and landed on a hill about 500 yards in front of our line.
The aviator unhurt got out of the machine and in spite of the hails of
our outpost he headed for Germany and was seen no more. The
plane was dragged by the enemy to a point north of Tannay and
demolished. About 5:00 P. M. Boche artillery opened up and played
a steady stream of fire on the town, and by no means neglected our
position. A strong point made up of men from Company “C” was
scarcely located in their new position when a shell severely wounded
two of their men. The loss of our First Aid Man who was killed by a
shell early in the evening greatly handicapped the evacuation of the
wounded.
From 5:00 P. M. to 1:00 A. M. there was a perfect hail of shells and
machine gun bullets while enemy airplanes dropped bombs on the
town itself. Corporal Peter did excellent work during this time
keeping the outposts organized. Casualties—killed 5, wounded 9.
Nov. 5th: About 3:30 A. M. the enemy machine guns pulled out and
at 5:00 A. M. the company retired to les Petites Armoises for
breakfast and then went on to Tannay. After reconnaissance by the
Battalion a patrol of 30 men was called for to establish a strong point
in a patch of woods northwest of the town. An effort was also to be
made to obtain liaison with units on our right. The first platoon was
called upon and though practically exhausted they responded
promptly and went up to take their position. Lt. Gardenier with three
runners went on until contact was established with the 165th Infantry
just north of Sy. Sgt. Ahearn meanwhile, finding no opposition in the
woods designated, pushed his jaded men to the edge of the Bois de
Mont Diens, about two kilometers further on and began to exchange
courtesies with a lonely machine gunner. To this detachment belongs
the distinction of being the unit of the 78th Division nearest Germany
when the relief came.
When the 166th Infantry had leapfrogged us at 3:30 P. M., the
company pulled back into Tannay at 4:15 P. M. just in time to begin
hiking back. It was raining again, and it was a dismal hike to Les
Petites Armoises where no billets were available, and the only
alternative was Brieulles, 7 kilometers further on. Over a road pitted
with shell holes, filled with troops, transport and artillery headed in
the opposite direction, the company plodded on, arriving at Brieulles
about midnight. A conservative estimate of the distance covered by
the first platoon that day is thirty kilometers and all under the most
trying conditions. On reaching Brieulles we shared a church with “C”
company and while some sat up and others stood crowded into
corners, everybody slept. We left Brieulles at 5:00 A. M. and hiked to
Authe where, Nov. 6th, a hot breakfast put new life in the company,
which was fortunate, because though we did not know it at the start,
there were twenty-two gruelling kilometers in front of us. After hiking
continuously until 5:30 P. M. we reached La Folie Ferme and stayed
the night in these familiar haunts.
Nov. 7th: Packs were slung and we were on the move early in the
morning and after hiking until 4:00 P. M. we were presented with a
soaked, battered section of the Argonne not far from Appremont, and
told to make ourselves comfortable. We were doing the best we
could when there was an unholy din and a fireworks display, owing
to a signal corps outfit hearing “Officially” that the war was over. We
mistook it for a German air raid, however, so we did not derive much
comfort therefrom. But it is worthy of notice because it was the
beginning of the greatest conglomeration of rumors in the history of
civilized warfare.
Nov. 8th: It took most of the day trying to follow out the order to make
ourselves comfortable and we were just beginning to accomplish this
when on the morning of November 9th we pulled out and hiked to
Florent, remaining there the following day. Lt. Gartley, who had
joined on November 8th, assisted the company commander in re-
acquainting the jaded doughboys with the intricacies of the manual
of arms and that evening the pearly notes of “Retreat” and The Star
Spangled Banner made us feel nearly civilized again. The rumors
were still running high.
Nov. 11th: On this historic day the 1st Battalion celebrated by taking
its longest hike of the Meuse-Argonne Campaign. We moved from
Florent to Varimont, a distance of twenty-nine good long kilometers.
While we were passing through Ste Menehould, the French papers
with gigantic headlines “C’EST SIGNE” were shown us and we
passed innumerable grinning French men and women repeating
over and over again the words which were like music to our ears
—“la Guerre Finie.”
We arrived at Varimont about 5:00 P. M. nearly exhausted and
resumed back area existence at once.
Nov. 12th-14th: Our stay in Varimont was punctuated by determined
efforts to get separated from Argonne Mud and getting policed up
and generally put in shape for a Fifth Avenue parade, which was to
come off very soon. Lt. Gartley left for the 1st Division.
Nov. 15th: The company moved to Givry-en-Argonne to act as a
loading detail for the Brigade which was to entrain, and the following
day was spent in that occupation.
Nov. 17th: The company entrained about 11:00 P. M. and started on
a two-day journey to Les Laumes, where they arrived about 3:00 P.
M. on the 19th. With much grunting and puffing the initial ascent of
the now well known hill was made, and about 5:00 P. M. we arrived
at Flavigny, which was to be our home until we began our journey
homeward.
CHAPTER VIII
FLAVIGNY-SUR-OZERAIN
It might be interesting to insert here a brief description of Flavigny,
taken from a letter written home by one of the men:
“To say the least, Flavigny is a town that is somewhat interesting.
There is a bit of history attached to the place in that we are told that
Caesar fought a battle against the Germanic people in this
neighborhood about 55 B. C., using the plateau across the valley as
his base for operations against a town a few miles from here.
“Flavigny was then standing on its present site, although, perhaps,
much smaller than it is today, and there are no evidences that any of
the buildings then existing are now standing. It would hardly seem
possible that they could be. Today, the village stands on the top of a
high plateau, which is reached by a road winding around the
mountain. Although it was a cold dismal day when we came here, we
were dripping with perspiration by the time we reached the top.
“It is a walled village—part of the wall being formed by some of the
buildings—having three entrances large enough for vehicles and a
fourth one large enough for only persons or animals in single file.
The main entrance, ‘La Porte du Bourg,’ opening to the road up
which we came and which seems to have its ending in the centre of
the town. About a quarter of a mile before reaching the town this
road branches off to the left, winding around some farm buildings,
and running along the outside of the wall overlooking the valley, and
as it passes the rear of the village making a steep descent into the
valley again.
“Opening into this road at about the centre of the village is the
second entrance, ‘La Porte du Val.’ While this entrance seems to be
of less importance than the others, as it is reached from the inside by
a narrow alley, yet it is well protected, or was considered so as

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(Based on the Declaration of Principles jointly adopted by a Committee of the

Aims & Scope xiii

PART 2: NOTES AND COMMENTS

PART 3: IN FOCUS—​G LOBAL POLICIES AND LAW

PART 4: FORUM—​J URISPRUDENTIAL

IV. Module—​INTERNATIONAL AND DOMESTIC LAW—​The

PART 5: GLOBAL JUSTICE—​D ECISIONS OF

III.2.4 European Union—​Anti-​Dumping Measures on Imports of

VI. COURT OF JUSTICE OF THE EUROPEAN UNION 549

VI.3.1.9 A.S. v. Républika Slovenija, Case C-​490/​16, Grand

VII.2.8 Case of Chowdury and Others v. Greece, Application No.

VIII.2.6 Identidad de género, e igualdad y no discriminación a

PART 6: RECENT LINES OF

GIULIANA ZICCARDI CAPALDO

ANTÔNIO AUGUSTO CANÇADO TRINDADE ERNST-​ULRICH PETERSMANN

MOHAMMED BEDJAOUI FRANCO MOSCONI

M. CHERIF BASSIOUNI † JOHN G. MERRILLS †

AIMS & SCOPE

The Global Community Yearbook of International Law and Jurisprudence (GCYILJ) is a

* Professor of International Law (Emeritus), University of Salerno, Italy; General Editor.

xiv Aims & Scope

Aims & Scope xv

on the world organization’s under-​appreciated contribution to key ideas, norms, principles,

OUTLINE OF THE PARTS

The Yearbook is structured into the following parts:

NOTES AND COMMENTS

FORUM—​J URISPRUDENTIAL CROSS-​F ERTILIZATION:

xviii Outline of the Parts

Introductory Module. MISSION AND CONCEPTS

GLOBAL JUSTICE—​D ECISIONS OF INTERNATIONAL

Outline of the Parts xix

International courts and tribunals covered include: International Court of Justice,

RECENT LINES OF INTERNATIONALIST THOUGHT

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ISBN 978–0–19–007250–6 (2018) (alk. paper)

PART 3: IN FOCUS—G LOBAL POLICIES AND LAW

PART 4: FORUM—J URISPRUDENTIAL

IV. Module—INTERNATIONAL AND DOMESTIC LAW—The

PART 5: GLOBAL JUSTICE—D ECISIONS OF

III.2.4 European Union—Anti-Dumping Measures on Imports of

VI.3.1.9 A.S. v. Républika Slovenija, Case C-490/16, Grand

ANTÔNIO AUGUSTO CANÇADO TRINDADE ERNST-ULRICH PETERSMANN

on the world organization’s under-appreciated contribution to key ideas, norms, principles,

FORUM—J URISPRUDENTIAL CROSS-F ERTILIZATION:

GLOBAL JUSTICE—D ECISIONS OF INTERNATIONAL