ILSA Journal of International & Comparative Law
Author | : |
Publisher | : |
Total Pages | : 840 |
Release | : 2005 |
Genre | : Comparative law |
ISBN | : |
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Author | : |
Publisher | : |
Total Pages | : 840 |
Release | : 2005 |
Genre | : Comparative law |
ISBN | : |
Author | : International Law Association. American Branch. International Law Weekend |
Publisher | : |
Total Pages | : 75 |
Release | : 2007 |
Genre | : |
ISBN | : |
Author | : Jonathan Clark Green |
Publisher | : |
Total Pages | : 274 |
Release | : 1991 |
Genre | : Law |
ISBN | : |
Author | : Enid H. Adler |
Publisher | : |
Total Pages | : 332 |
Release | : 1997 |
Genre | : Human rights |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 216 |
Release | : 2006 |
Genre | : |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 228 |
Release | : 1993 |
Genre | : Comparative law |
ISBN | : |
Author | : Winston P. Nagan |
Publisher | : |
Total Pages | : |
Release | : 2004 |
Genre | : Law |
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 | : Marci Hoffman |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 413 |
Release | : 2012-04-19 |
Genre | : Law |
ISBN | : 9004204806 |
International and Foreign Legal Research: A Coursebook, second edition by Hoffman and Rumsey, now in a second edition, is designed for classes in foreign and international legal research. Topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU.
Author | : Federico Lenzerini |
Publisher | : OUP Oxford |
Total Pages | : 306 |
Release | : 2014-02-06 |
Genre | : Law |
ISBN | : 0191641316 |
The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.