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

  • Book
  • © 2010

Overview

Editors:
  1. Joanna Jemielniak

    1. Faculty of Law, University of Copenhagen, Copenhagen K, Denmark

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  2. Przemyslaw Miklaszewicz

    1. Tribunal of the Republic of Poland, Office of the Constitutional, Warszawa, Poland

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    You can also search for this editor in PubMed   Google Scholar

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Table of contents (17 chapters)

  1. Front Matter

    Pages i-xiv
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  2. Legal Theory

    1. Front Matter

      Pages 29-29
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  3. Introduction Capturing the Change: Universalising Tendencies in Legal Interpretation

    1. Introduction Capturing the Change: Universalising Tendencies in Legal Interpretation

      • Joanna Jemielniak, Przemysław Mikłaszewicz
      Pages 1-27

  7. Private Law

    1. Front Matter

      Pages 277-277
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    2. Fifty Years in Five? The Brazilian Approach to the New York Convention

      • André de Albuquerque Cavalcanti Abbud
      Pages 279-301
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Keywords

About this book

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.

Editors and Affiliations

  • Faculty of Law, University of Copenhagen, Copenhagen K, Denmark

    Joanna Jemielniak

  • Tribunal of the Republic of Poland, Office of the Constitutional, Warszawa, Poland

    Przemyslaw Miklaszewicz

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