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Interpretation Of Law In The Global World From Particularism To A Universal Approach
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Book Synopsis Interpretation of Law in the Global World: From Particularism to a Universal Approach by : Joanna Jemielniak
Download or read book Interpretation of Law in the Global World: From Particularism to a Universal Approach written by Joanna Jemielniak and published by Springer Science & Business Media. This book was released on 2010-04-08 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Language and Legal Interpretation in International Law by : Anne Lise Kjaer
Download or read book Language and Legal Interpretation in International Law written by Anne Lise Kjaer and published by Oxford University Press. This book was released on 2022-03-08 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process. Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjær and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition--in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations--cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.
Book Synopsis Legal Interpretation in International Commercial Arbitration by : Joanna Jemielniak
Download or read book Legal Interpretation in International Commercial Arbitration written by Joanna Jemielniak and published by Routledge. This book was released on 2016-04-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Establishing Judicial Authority in International Economic Law by : Joanna Jemielniak
Download or read book Establishing Judicial Authority in International Economic Law written by Joanna Jemielniak and published by Cambridge University Press. This book was released on 2016-07-12 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: A central development in international law is the intensified juridification of international relations by a growing number of international courts. With this in mind, this book discusses how international judicial authority is established and managed in key fields of international economic law: trade law, investor-state arbitration and international commercial arbitration. Adopting a unique legal-centric approach, the analysis explores the interplay between these areas of economic dispute resolution, tracing their parallel developments and identifying the ways they influence each other on processual mechanisms and solutions. Drawing together contributions from many leading scholars across the world, this volume considers issues such as the usage of precedent and the role of legitimacy, suggesting that the consolidation of judicial authority is a universal trend which impacts on state behaviour.
Book Synopsis The Ashgate Handbook of Legal Translation by : Le Cheng
Download or read book The Ashgate Handbook of Legal Translation written by Le Cheng and published by Routledge. This book was released on 2016-04-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Intimations of Global Law by : Neil Walker
Download or read book Intimations of Global Law written by Neil Walker and published by Cambridge University Press. This book was released on 2015 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a book about how we might fruitfully think about global law. Few terms are more topical in the transnational legal literature. Yet there has been little serious discussion - and little agreement where there has been discussion - on what is meantby 'global law', if, indeed, it means anything of note at all. In what follows, I suggest that we can nonetheless arrive at a core sense of global law as an emergent idea and practice"--
Book Synopsis Rethinking EU VAT for P2P Distribution by : Cristina Trenta
Download or read book Rethinking EU VAT for P2P Distribution written by Cristina Trenta and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peer-to-peer (P2P) networks – decentralized group structures allowing anyone to easily download and share resources online – already play a critical role in the distribution of digital content. Most of the debate on P2P heretofore has focused on copyright issues. However, as the basis for legitimate business models a number of companies have already quietly embraced, P2P has a largely unknown and underestimated impact on taxation, with vast repercussions on the development of mature, profitable markets. This book analyses the current framing for digital and media supplies provided via P2P technologies through the lens of an interdisciplinary approach drawing on tax law, computer science, economics, copyright law, and business studies. VAT concepts such as those of economic activity and taxable person, taxable transactions, consideration, barter and taxable amount, and territoriality rules are discussed in connection with P2P, as is the evaluation of VAT liability for P2P operations in the presence of copyright infringement. Topics and issues considered include: - centralized and decentralized P2P networks; - free-riding problems; - identifying actors in P2P networks for VAT purposes; - P2P and place of supply; and - pros and cons of integrating P2P with taxation regimes and especially VAT systems. The analysis draws on a vast range of sources, including EU legislation and case law, tax law literature and doctrine, international conventions and treaties, Council of Europe and OECD documents, ECHR case law, and official documents and cases from key jurisdictions worldwide, offering the first thoroughly grounded approach to overcoming the lack of understanding and awareness of ongoing changes currently separating the digital economy and traditional taxation systems, and a solid platform for discussion to the diverse communities of researchers and professionals interested in P2P.
Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2022-03-24 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.
Book Synopsis The Principles of BRICS Contract Law by : Salvatore Mancuso
Download or read book The Principles of BRICS Contract Law written by Salvatore Mancuso and published by Springer Nature. This book was released on 2022-08-09 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.
Book Synopsis Handbook of Terminology by : Łucja Biel
Download or read book Handbook of Terminology written by Łucja Biel and published by John Benjamins Publishing Company. This book was released on 2023-12-15 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a core component of legal language used to draft, enforce and practice law, legal terms have fascinated lawyers, linguists, terminologists and other scholars for centuries. Third in the series, this Handbook offers a comprehensive compendium of the current state of knowledge on legal terminology. It is the first attempt to bring together perspectives from the domains of Terminology, Translation Studies, Linguistics, Law and Information Technology in a single place. This interdisciplinary endeavour comprises systematic reviews, case studies and research papers which overview key properties of legal terms and concepts, terminological tools and resources, training aspects, as well as translation in national contexts and multilingual organizations. The Handbook attests to the complex multifaceted nature of legal terminology and showcases its cultural, communicative, cognitive and social contexts in diverse legal systems. It is a rich resource for scholars, practitioners, trainers and students, presenting vibrant research and practice in this area.
Book Synopsis Chinese Language in Law by : Deborah Cao
Download or read book Chinese Language in Law written by Deborah Cao and published by Lexington Books. This book was released on 2017-11-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores some of the intricacies, dilemmas, and idiosyncrasies of the Chinese language used in the legal context, analyzing linguistic matters in both monolingual Chinese context and cross-linguistically when Chinese and English are compared. It investigates the linguistic and cultural landscape through an examination of a number of keywords and linguistic usage associated with Chinese law. It is suggested that to understand Chinese society and law, we need to understand the rich and idiosyncratic Chinese language and cultural traditions and the legal and political context and subtext, and also to be cognizant of the tension and interaction between legal norms and cultural and linguistic values in their legal realization in the changing Chinese society. The book is a collection of the author’s interpretation of Chinese law from a linguistic and cultural perspective, both as a user and interpreter of this ancient and changing language.
Book Synopsis Compliance Norms in Financial Institutions by : Tomasz Braun
Download or read book Compliance Norms in Financial Institutions written by Tomasz Braun and published by Springer Nature. This book was released on 2019-10-25 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Initially, introducing compliance functions within the financial industry had been forced by regulatory scrutiny. Later, it started to spread to other regulated companies, in particular those publicly listed. Now, compliance has become an asset of corporates that want to build their reliability among clients, shareholders, employees and business partners. This book looks at the efficiency of the compliance measures introduced and the best practices of building compliance norms. This recently observed practice of compliance was triggered by the expectation of regulators, shareholders, clients, business partners and the public for robust compliance mechanisms. This book looks at the vast interest in this topic among business people who strive to introduce the systems and the mechanisms of non-compliance risk management in their companies and at the uncountable difficulties and obstacles they meet. The book fills the gap of thorough analysis of this subject by pointing out the solutions successfully introduced in global financial organizations, and would be of interest to academics, researchers and practitioners in corporate finance, corporate governance and risk management.
Book Synopsis Quo vadis Commercial Contract? by : Mads Andenas
Download or read book Quo vadis Commercial Contract? written by Mads Andenas and published by Springer Nature. This book was released on 2023-03-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.
Book Synopsis The Rule of Crisis by : Pierre Auriel
Download or read book The Rule of Crisis written by Pierre Auriel and published by Springer. This book was released on 2018-03-17 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Translation Outsourced by : Juliette R. Scott
Download or read book Legal Translation Outsourced written by Juliette R. Scott and published by Oxford Studies in Language and. This book was released on 2019-01-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of globalization, cross-border transactions and litigation, and multilingual legislation, outsourcing legal translation has become common practice. Unfortunately, over-reliance on such outsourcing has given rise to significant dangers, including information asymmetry, goal divergence, and risk. Legal Translation Outsourced provides the only current reference on commercial legal translation performed outside institutions. Juliette Scott casts a critical eye on the practice as it now stands, offering an analysis of key risks and constraints. Her work is informed by empirical data of the legal translation outsourcing markets of 41 countries. Scott proposes original theoretical models aimed both at training legal translators and informing all stakeholders, including principals and agents. These include models of legal translation performance; a classification of constraints on legal translation applying upstream, during and downstream of translation work; and a description of the complex chain of supply. Working to improve the enterprise itself, Scott shows how implementing a comprehensive legal translation brief--a sorely needed template--can significantly benefit clients by increasing the fitness of translated texts. Further, she opens a number of avenues for future research with an eye to translator empowerment and professionalization.
Book Synopsis The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts by : Marta Santos Silva
Download or read book The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts written by Marta Santos Silva and published by Springer. This book was released on 2017-07-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Comparative Law - Engaging Translation by : Simone Glanert
Download or read book Comparative Law - Engaging Translation written by Simone Glanert and published by Routledge. This book was released on 2014-06-27 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.
