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

ISBN-13: 9783642048852 / Angielski / Twarda / 2010 / 378 str.

Jemielniak

Opis

Capturing the development of universalizing tendencies in legal interpretation, this book offers both an extensive theoretical background and thorough studies on adjudicatory practice in such fields as European and constitutional law, international business law and arbitration or criminal law.

Spis treści

Capturing the Change: Universalising Tendencies in Legal Interpretation.- Capturing the Change: Universalising Tendencies in Legal Interpretation.- Legal Theory.- Transformations in Law Interpretation: Towards a Universal Approach – The Phenomenon, Causes and Symptoms.- Discourse Ethics as a Basis of the Application of Law.- Judicial Interpretation of Bilingual and Multilingual Laws: A European and Hong Kong Comparison.- The European Dual Nature: Unity/Fragmentation.- European Law.- The Universalisation of Legal Interpretation.- The Power of National Courts in Interpreting Domestic and EU Law: The Indeterminacy of Choice.- Implementation of European Regulation of the Financial Sector: Consequences for the Consumer Protection.- Joint Competence of the EC and Its Member States as a Source of Divergent Interpretations of the TRIPS Agreement at Community and National Levels.- Some Idealism About Realism. Judging Under Certainty and the Standardization of Adjudication in the EC Law.- European Criminal Law.- Pro-European Interpretation of Criminal Law Vis-à-vis the Constitutional Standards of the European Union Member States.- Linguistic Pluralism and Interpretation of European Law in the Third Pillar, Discussed with Reference to the Example of Article 54 of the Convention Implementing the Schengen Agreement.- Introducing Hermeneutic Methods in Criminal Law Interpretation in Europe.- Private Law.- Fifty Years in Five? The Brazilian Approach to the New York Convention.- Explaining Transnational Rules: Discourses and Material Conditions When Implementing the Swedish Corporate Code of Conduct.- The Translation of Transplanted Rules: The Case of the Swedish Nomination Committee.- Transnational Law, Between Ius Mercatorum and Ius Civile.

Blurb

The volume examines the impact of  applying transnational rules on the repertory, methods and practice of legal interpretation. It scrutinizes how globalization processes in law - those reaching top-down (such as European law), as well as those developing bottom-up (such as the new lex mercatoria and international commercial arbitration) - influence the often highly innovative use of various methods of legal rendition. It also examines to what extent they affect supranational and domestic decision-making.

Capturing the current development of universalizing tendencies in legal interpretation, the book offers both an extensive theoretical background and thorough studies on adjudicatory practice in such fields as European and constitutional law, international business law and arbitration or criminal law.