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Interpretation Of Law In The Global World From Particularism To A Universal Approach

Author: Joanna Jemielniak
Publisher: Springer Science & Business Media
ISBN: 9783642048869
Size: 21.57 MB
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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: 1317106202
Size: 15.70 MB
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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: 1316195708
Size: 31.20 MB
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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.

Russian Approaches To International Law

Author: Lauri Mälksoo
Publisher: OUP Oxford
ISBN: 019103469X
Size: 16.43 MB
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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.

Anarchie Der Kommunikativen Freiheit

Author: Peter Niesen
ISBN: 9783518294208
Size: 67.56 MB
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Unter den Bedingungen der Globalisierung können wir uns internationale Politik nicht länger nur als Machtspiel von Nationalstaaten vorstellen. Neue Mechanismen der Koordination bilden sich in vielfältigen Bereichen interund transnationaler Politik heraus

Handbuch Globales Managen

Author: Fons Trompenaars
ISBN: 9783430191357
Size: 68.94 MB
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Inhaltsübersicht: 1. Kultur und Management, 2. Das einzig wahre Organisationsmodell ist noch nicht erfunden, 3. Die Bedeutung der Kultur, 4. Beziehungen und Regeln, 5. Die Gruppe und der einzelne, 6. Emotionen und Beziehungen, 7. Betroffenheit und Engagement, 8. Statusfragen, 9. Der Umgang mit der Zeit, 10. Der Bezug zur Natur, 11. Nationalkulturen und Firmenkulturen, 12. Unterwegs zu einem wirklich interkulturellen Management, Anhänge 1-3, Quellen, Dank, Reg.

Natural Resource Use And Global Change

Author: K. Bruckmeier
Publisher: Springer
ISBN: 1137303158
Size: 73.74 MB
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Building on recent developments in social ecology, this book advances a new critical theory of society and nature, exploring social metabolism and global resource flows in contemporary society. Barriers to global sustainability are identified and conditions for transforming industrial economies towards new sustainable resource use are described.