By Joanna Jemielniak, Przemyslaw Miklaszewicz
The quantity examines the influence of making use of transnational ideas at the repertory, tools and perform of criminal interpretation. It scrutinizes how globalization methods in legislations - these achieving top-down (such as ecu law), in addition to these constructing bottom-up (such because the new lex mercatoria and overseas advertisement arbitration) - impression the customarily hugely cutting edge use of varied tools of criminal rendition. It additionally examines to what volume they impact supranational and household decision-making.
Capturing the present improvement of universalizing traits in felony interpretation, the e-book bargains either an in depth theoretical historical past and thorough stories on adjudicatory perform in such fields as ecu and constitutional legislation, foreign company legislation and arbitration or legal law.
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Additional resources for Interpretation of Law in the Global World: From Particularism to a Universal Approach
P. 5). 5 Imposing the features of universality on legal particularism – arbitration at work It would be a truism to ascertain that in the contemporary market context (especially in large-scale commerce) it is not uncommon to refer potential disputes to arbitral tribunals instead of professional courts or to make a choice of law applicable for a given contract. However, it would not be justified to state that referring a legal relationship to alternative dispute resolution is inevitably accompanied by the construction of an individualised contract (amiable composition), independent of regulations of any existing system of law.
Keller & A. S. ) A Europe of rights. The impact of the ECHR on national legal systems. Oxford, NY: Oxford University Press. Lalive, P. (1987). Transnational (or truly international) public policy and international arbitration. In P. ), Comparative arbitration practice and public policy in arbitration. ICCA congress series; No. 3 (pp. x, 402). Deventer, Boston: Kluwer Law and Taxation Publishers. Lambert, E. (1999). Les effets des arrêts de la Cour européenne des droits de l’homme. Contribution à une approche pluraliste du droit européen des droits de l’homme, Bruxelles 1999.
Mikłaszewicz The perspective of organisation studies is represented also in the chapter, authored by Ulf Larsson-Olaison, where the official discourses on the import of another set of transnational rules (the adoption of the institution of nomination committees) to the corporate governance standards in Sweden are investigated. The author employs the concepts of transplantation and convergence, drawn from the law and economics studies, as well as the broader concept of translation, developed by theorists of organisation, and encompassing the impact of the social actors involved in the regulatory process.
Interpretation of Law in the Global World: From Particularism to a Universal Approach by Joanna Jemielniak, Przemyslaw Miklaszewicz