Language And Legal Interpretation In International Law

Author : Anne Lise Kjær
Publisher :
ISBN 13 : 9780190855239
Total Pages : pages
Book Rating : 4.31/5 ( download)

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Download or read book Language and Legal Interpretation in International Law written by Anne Lise Kjær and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of this book is to cast light on the workings of language in international legal interpretation in the context of contemporary processes of globalisation. We take an explicit interdisciplinary perspective, which includes both legal theories of interpretation and linguistic theories of meaning, and both legal philosophy and the philosophy of language. The book treats the subject as it appears within and across different legal fields - international economic law, human rights law and international criminal law, EU law, and international arbitration. It also includes more general perspectives on international legal interpretation, among them comparative law, multilingualism and legal translation"--

Author : Andrea Bianchi
Publisher :
ISBN 13 : 0198725744
Total Pages : 433 pages
Book Rating : 4.49/5 ( download)

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Download or read book Interpretation in International Law written by Andrea Bianchi and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Author : Anne Lise Kjær
Publisher :
ISBN 13 : 9780190855215
Total Pages : pages
Book Rating : 4.15/5 ( download)

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Download or read book Language and Legal Interpretation in International Law written by Anne Lise Kjær and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of this book is to cast light on the workings of language in international legal interpretation in the context of contemporary processes of globalisation. We take an explicit interdisciplinary perspective, which includes both legal theories of interpretation and linguistic theories of meaning, and both legal philosophy and the philosophy of language. The book treats the subject as it appears within and across different legal fields - international economic law, human rights law and international criminal law, EU law, and international arbitration. It also includes more general perspectives on international legal interpretation, among them comparative law, multilingualism and legal translation"--

Author : Helmut Philipp Aust
Publisher : Oxford University Press
ISBN 13 : 0191059412
Total Pages : 384 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Interpretation of International Law by Domestic Courts written by Helmut Philipp Aust and published by Oxford University Press. This book was released on 2016-01-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.

Author : Alexander Orakhelashvili
Publisher : Oxford University Press on Demand
ISBN 13 : 0199546223
Total Pages : 623 pages
Book Rating : 4.20/5 ( download)

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Download or read book The Interpretation of Acts and Rules in Public International Law written by Alexander Orakhelashvili and published by Oxford University Press on Demand. This book was released on 2008 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.

Author : Richard K. Gardiner
Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.33/5 ( download)

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Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
ISBN 13 : 1108839177
Total Pages : 391 pages
Book Rating : 4.74/5 ( download)

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Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Author : Ingo Venzke
Publisher : OUP Oxford
ISBN 13 : 0191631965
Total Pages : 338 pages
Book Rating : 4.62/5 ( download)

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Download or read book How Interpretation Makes International Law written by Ingo Venzke and published by OUP Oxford. This book was released on 2012-09-06 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for international lawmaking, using the key examples of the UN High Commissioner for Refugees and the Appellate Body of the WTO to show how international institutions are able to shape and develop their constituent instruments by adding layers of interpretation, and moving the terms of discourse. The book applies developments in linguistics to the practice of international legal interpretation, building on semantic pragmatism to overcome traditional explanations of lawmaking and to offer a fresh account of how the practice of interpretation makes international law. It discusses the normative implications that arise from viewing interpretation in this light, and the implications that the importance of semantic changes has for understanding the development of international law. The book tests the potential of international law and its doctrine to respond to semantic change, and ultimately ponders how semantic authority can be justified democratically in a normative pluriverse.

Author : Joanna Jemielniak
Publisher : Springer Science & Business Media
ISBN 13 : 3642048862
Total Pages : 378 pages
Book Rating : 4.69/5 ( download)

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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.

Author : Ulf Linderfalk
Publisher : Springer Science & Business Media
ISBN 13 : 1402063628
Total Pages : 429 pages
Book Rating : 4.26/5 ( download)

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Download or read book On the Interpretation of Treaties written by Ulf Linderfalk and published by Springer Science & Business Media. This book was released on 2007-09-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.