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.

Legal Interpretation in International Commercial Arbitration

Author: Joanna Jemielniak
Publisher: Routledge
ISBN: 9781317106203
Release Date: 2016-04-22
Genre: Law

This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

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.

The Rule of Crisis

Author: Pierre Auriel
Publisher: Springer
ISBN: 9783319744735
Release Date: 2018-03-17
Genre: Law

This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.

The Ashgate Handbook of Legal Translation

Author: Le Cheng
Publisher: Routledge
ISBN: 9781317044239
Release Date: 2016-04-01
Genre: Law

This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.

The Draft Common Frame of Reference as a Toolbox for Domestic Courts

Author: Marta Santos Silva
Publisher: Springer
ISBN: 9783319529233
Release Date: 2017-05-21
Genre: Law

This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

Chinese Language in Law

Author: Deborah Cao
Publisher: Lexington Books
ISBN: 9781498503969
Release Date: 2017-11-01
Genre: Law

This book explores the Chinese language used in law and analyzes the associated linguistic matters in both monolingual Chinese context and cross-linguistically. It investigates the linguistic and cultural landscape associated with Chinese law through an examination of a number of keywords and linguistic usages.

Russian Approaches to International Law

Author: Lauri Mälksoo
Publisher: OUP Oxford
ISBN: 9780191034695
Release Date: 2015-03-05
Genre: Law

This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.

The Court of Justice and the Construction of Europe Analyses and Perspectives on Sixty Years of Case law La Cour de Justice et la Construction de l Europe Analyses et Perspectives de Soixante Ans de Jurisprudence

Author: Court of Justice of the European Un
Publisher: Springer Science & Business Media
ISBN: 9789067048972
Release Date: 2012-12-05
Genre: Law

This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.

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.

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.

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.

Decolonising International Law

Author: Sundhya Pahuja
Publisher: Cambridge University Press
ISBN: 9781139502061
Release Date: 2011-09-29
Genre: Law

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.