Interpretation of Law in the Global World From Particularism to a Universal Approach

Author: Joanna Jemielniak
Publisher: Springer Science & Business Media
ISBN: 3642048862
Release Date: 2010-04-08
Genre: Law

Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.

Intimations of Global Law

Author: Neil Walker
Publisher: Cambridge University Press
ISBN: 9781316195703
Release Date: 2014-11-22
Genre: Law

A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.

Interpretation Law and the Construction of Meaning

Author: Anne Wagner
Publisher: Springer Science & Business Media
ISBN: 9781402053207
Release Date: 2007-05-16
Genre: Law

The study of legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. New problems, changing power structures and societal norms and new faces of injustice – all these force reconsideration, reformulation and even replacement of established doctrines. This book focuses on the application of law in a wide variety of contexts, including international politics and diplomatic practice.

Semiotics of International Law

Author: Evandro Menezes de Carvalho
Publisher: Springer Science & Business Media
ISBN: 9048190118
Release Date: 2010-10-23
Genre: Law

Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.

International Law and World Order

Author: B. S. Chimni
Publisher: Cambridge University Press
ISBN: 9781108210287
Release Date: 2017-05-31
Genre: Law

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law, including new, feminist, realist, and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure, and process of international law. The book also considers crucial world order issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis, and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics, and global studies.

Jihad vs McWorld

Author: Benjamin Barber
Publisher: Ballantine Books
ISBN: 9780307874443
Release Date: 2010-04-21
Genre: Political Science

Jihad vs. McWorld is a groundbreaking work, an elegant and illuminating analysis of the central conflict of our times: consumerist capitalism versus religious and tribal fundamentalism. These diametrically opposed but strangely intertwined forces are tearing apart--and bringing together--the world as we know it, undermining democracy and the nation-state on which it depends. On the one hand, consumer capitalism on the global level is rapidly dissolving the social and economic barriers between nations, transforming the world's diverse populations into a blandly uniform market. On the other hand, ethnic, religious, and racial hatreds are fragmenting the political landscape into smaller and smaller tribal units. Jihad vs. McWorld is the term that distinguished writer and political scientist Benjamin R. Barber has coined to describe the powerful and paradoxical interdependence of these forces. In this important new book, he explores the alarming repercussions of this potent dialectic for democracy. A work of persuasive originality and penetrating insight, Jihad vs. McWorld holds up a sharp, clear lens to the dangerous chaos of the post-Cold War world. Critics and political leaders have already heralded Benjamin R. Barber's work for its bold vision and moral courage. Jihad vs. McWorld is an essential text for anyone who wants to understand our troubled present and the crisis threatening our future. From the Trade Paperback edition.

The Interpretation of Cultures

Author: Clifford Geertz
Publisher: Basic Books
ISBN: 9780465093564
Release Date: 2017-08-15
Genre: Social Science

In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.

Comparative Matters

Author: Ran Hirschl
Publisher: Oxford University Press, USA
ISBN: 9780198714514
Release Date: 2014
Genre: Law

Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Ran Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach tocomparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing thesharp divide between constitutional law and the social sciences.

Vienna Convention on the Law of Treaties

Author: Oliver Dörr
Publisher: Springer
ISBN: 9783662551608
Release Date: 2018-03-18
Genre: Law

The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.