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| Author | : Panos Merkouris |
| Publisher | : Cambridge University Press |
| Total Pages | : 647 |
| Release | : 2022-05-26 |
| Genre | : Law |
| ISBN | : 131651689X |
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
| Author | : Helmut Philipp Aust |
| Publisher | : Oxford University Press |
| Total Pages | : 430 |
| Release | : 2016-01-21 |
| Genre | : Law |
| ISBN | : 0191059420 |
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 | : Antonin Scalia |
| Publisher | : West Publishing Company |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Judicial process |
| ISBN | : 9780314275554 |
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
| Author | : Robert F. van Brederode |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Corporations |
| ISBN | : 9789041184733 |
Legal Interpretation of Tax Law' is a comprehensive multi-jurisdiction survey of the interpretation of the corporate income tax and VAT and GST or other general sales tax laws. As a result of the globalization of trade and business, tax departments and their external advisors are increasingly required to deal with the tax law of foreign jurisdictions. Effective consulting, whether internal or external, requires not only knowledge of tax law per se but also of how tax law is explained and interpreted by the courts of foreign jurisdictions. This book is the first to deal comparatively with tax law interpretation in economies engaged in cross-border investment at a global level.00The introduction outlines the theoretical approaches to legal interpretation in general and gives an overview of issues and topics relevant to taxation ? designed to help readers understand the jurisdictional chapters that follow. Each author pays detailed attention to such documentary elements as explanatory memoranda, administrative rulings, judicial precedents, judgments of foreign courts, legislative debates, and OECD guidelines.
| Author | : Dean Lewis |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 255 |
| Release | : 2016-03-22 |
| Genre | : Law |
| ISBN | : 9041167021 |
Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.
| Author | : Sharron Gu |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 322 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 0773560025 |
Different legal systems share some basic developmental tendencies that are rooted in the historical evolution of language and culture. In this comparative history of English common law, Islamic law, and Chinese imperialist law Sharron Gu describes the formation of three diverse legal systems in terms of their unique linguistic environments. She argues that the characteristics of each language define the nature of the common, statute, administrative, and religious laws associated with it and set the boundaries for its legal imagination.
| Author | : P.J. Nerhot |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 457 |
| Release | : 2013-04-17 |
| Genre | : Philosophy |
| ISBN | : 9401578753 |
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
| Author | : United States. Congress. House. Committee on the Judiciary |
| Publisher | : |
| Total Pages | : 180 |
| Release | : 1955 |
| Genre | : Law |
| ISBN | : |
| Author | : Sovereignty Education and Defense Ministry (SEDM) |
| Publisher | : Sovereignty Education and Defense Ministry (SEDM) |
| Total Pages | : 122 |
| Release | : 2018-02-22 |
| Genre | : Law |
| ISBN | : |
Use this form as an attachment to your pleadings when you are litigating against the government. It prevents abuses of presumption and "words of art" that will injure your rights.
