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Language and Legal Interpretation in International Law (eBook)

Edited by: Anne Lise Kjaer, Joanna Lam

ISBN13: 9780190855222
Published: June 2022
Publisher: Oxford University Press USA
Country of Publication: USA
Format: eBook (ePub)
Price: £53.33
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International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process.

Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjær and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition—in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations—cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.

Subjects:
Public International Law, eBooks
Contents:
INTRODUCTION
The Dynamics of Law and Language in the Interpretation of International Legal Sources
Anne Lise Kjær and Joanna Lam
PART I: THEORETICAL PERSPECTIVES
1. What is Legal interpretation: International Legal Interpretation between Law and Legal Discourse
Chapter 1: Legal interpretation as an Alternative to Disputes over Validity of Laws
Tomasz Stawecki
Chapter 2: Do Legal Concepts Travel?
Adam Dyrda and Tomasz Gizbert-Studnicki
Chapter 3: The Semantics of Openness: Why References to Foreign Judicial Decisions Do Not Infringe the Sovereignty of National Legal Systems
Marcin Matczak
Chapter 4: Who Forges the Tools?: The Methods of Interpretation Between Interpretive Discourse and Positive Norms of Law
Julian Udich
2. Who Does Legal Interpretation: Legal Interpretation as Judicial Activity
Chapter 5: Balancing Interpretation Rules as an Element of Judicial Discretion
Bartosz Wojciechowski
Chapter 6: Explaining the Interpretation of International Treaties and the Role of Articles 31 and 32 of the Vienna Convention on the Law of Treaties: a Wittgensteinian Perspective
Jaroslav Vetrovský
PART II: LANGUAGE AND TRANSLATION IN THE INTERPRETATION OF INTERNATIONAL LAW
Chapter 7: Interpreting Multilingual Laws: Some Costs and Benefits
Lawrence Solan
Chapter 8: Framing Legal Interpretation in Terminology Studies
Martina Bajcic
Chapter 9: Multilingual Interpretation by the CJEU in the Area of Freedom, Security and Justice
Lucie Pacho Aljanati
Chapter 10: Translation of Judgments of the European Court of Human Rights into Non-official Languages: The Politics and Practice of European Multilingualism
Anne Lise Kjær
PART III: INTERPRETATION IN SPECIAL AREAS OF INTERNATIONAL LAW
1. Trade Law and Commercial Law
Chapter 11: When and How can Certain Fundamental Values be Introduced into the Treaty Interpretation Process under the WTO?
Chang-fa Lo
Chapter 12: On Creative Aspects of Legal Interpretation in International Commercial Arbitration
Joanna Lam
Chapter 13: Is a Legal Implicature Only in the Eye of the Beholder? On the Interpretation of the CISG Convention
Izabela Skoczen
Chapter 14: A Concept in Transformation: Interpretation of "Fair and Equitable Treatment" in International Investment Law
Günes Ünüvar
2. Human Rights Law and International Criminal Law
Chapter 15: Understanding the Interpretative Evolution of the Norm Prohibiting Torture and Inhuman or Degrading Treatment under the European Convention
Ezgi Yildiz
Chapter 16: Crimes Against Women in the Statutes and the Judicial Interpretation of International Tribunals and Courts - How a Feminist Critical Standpoint has Reconstructed the Meaning of Certain International Humanitarian Law's Concepts
Karolina Ristova-Aasterud
Index

Series: Oxford Studies in Language and Law

The Language of Canon Law ISBN 9780197674246
To be published February 2023
Oxford University Press
£64.00
Language and Legal Interpretation in International Law ISBN 9780190855208
Published June 2022
Oxford University Press USA
£64.00
Strategic Indeterminacy in the Law ISBN 9780190923693
Published July 2019
Oxford University Press USA
£79.00
Strategic Indeterminacy in the Law (eBook) ISBN 9780190923716
Published July 2019
Oxford University Press USA
£59.17
(ePub)
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Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders ISBN 9780190210335
Published March 2019
Oxford University Press
£79.00
Legal Translation Outsourced ISBN 9780190900007
Published February 2019
Oxford University Press
£28.49
Discourse, Identity, and Social Change in the Marriage Equality Debates ISBN 9780190217969
Published June 2016
Oxford University Press USA
£80.00
£80.00
Discursive Constructions of Consent in the Legal Process (eBook) ISBN 9780190613891
Published February 2016
Oxford University Press
£60.00
(ePub)
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Discursive Constructions of Consent in the Legal Process ISBN 9780199945351
Published February 2016
Oxford University Press
£80.00
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases (eBook) ISBN 9780190263904
Published December 2015
Oxford University Press USA
£14.16
(ePub)
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Confronting the Death Penalty: How Language Influences Jurors in Capital Cases ISBN 9780199334162
Published December 2015
Oxford University Press USA
£32.49
Speaking of Language and Law: Conversations on the Work of Peter Tiersma ISBN 9780199334186
Published September 2015
Oxford University Press
£80.00
£60.00
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