Download Legal Interpretation And Adjudicatory Activism In International Commercial Arbitration full books in PDF, epub, and Kindle. Read online free Legal Interpretation And Adjudicatory Activism In International Commercial Arbitration ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Joanna Jemielniak |
| Publisher | : |
| Total Pages | : 21 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
| Author | : Joanna Jemielniak |
| Publisher | : Routledge |
| Total Pages | : 288 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317106202 |
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.
| Author | : Anne Lise Kjaer |
| Publisher | : Oxford University Press |
| Total Pages | : 361 |
| Release | : 2022-03-08 |
| Genre | : Law |
| ISBN | : 0190855223 |
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.
| Author | : Ian R. Macneil |
| Publisher | : Oxford University Press |
| Total Pages | : 283 |
| Release | : 1992-09-24 |
| Genre | : Law |
| ISBN | : 0195361334 |
With an overburdened and cumbersome system of court litigation, arbitration is becoming an increasingly attractive means of settling disputes. Government enforcement of arbitration agreements and awards is, however, rife with tensions. Among them are tensions between freedom of contract and the need to protect the weak or ill-informed, between the protections of judicial process and the efficiency and responsiveness of more informal justice, between the federal government and the states. Macneil examines the history of the American arbitration law that deals with these and other tensions. He analyzes the personalities and forces that animated the passing of the United States Arbitration Act of 1925, and its later revolutionizing by the Supreme Court. Macneil also discusses how distorted perceptions of arbitration history in turn distort current law.
| Author | : Judith Goldstein |
| Publisher | : MIT Press |
| Total Pages | : 340 |
| Release | : 2001 |
| Genre | : History |
| ISBN | : 9780262571517 |
Exploring the intersection of international law and world politics from the viewpoints of the two disciplines.
| Author | : Yuliya Chernykh |
| Publisher | : International Litigation in Press |
| Total Pages | : 632 |
| Release | : 2022 |
| Genre | : Law |
| ISBN | : 9789004414679 |
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
| Author | : Duncan Kennedy |
| Publisher | : Harvard University Press |
| Total Pages | : 436 |
| Release | : 2009-06-01 |
| Genre | : Law |
| ISBN | : 9780674039520 |
A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.
| Author | : Marc Bungenberg |
| Publisher | : Springer Nature |
| Total Pages | : 222 |
| Release | : 2019-09-11 |
| Genre | : Law |
| ISBN | : 3662597322 |
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
| Author | : Freya Baetens |
| Publisher | : Cambridge University Press |
| Total Pages | : 651 |
| Release | : 2019-08-22 |
| Genre | : Law |
| ISBN | : 1108485855 |
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
| Author | : |
| Publisher | : |
| Total Pages | : 680 |
| Release | : 2007 |
| Genre | : Dispute resolution (Law) |
| ISBN | : |
