Language and Legal Interpretation in International Law Anne Lise Kjaer

Language and Legal Interpretation in International Law Anne Lise Kjaer – Ebook Instant Download/Delivery ISBN(s): 9780190855208,9780190855215,9780190855222,0190855207,0190855215,0190855223

Product details:

• ISBN 10: 0190855223
• ISBN 13: 9780190855222
• Author: Anne Lise Kjaer

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 Kj?r 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.

Table contents:

Part I: Theoretical perspectives

1. What is legal interpretation? International legal interpretation between law and legal discourse

1. Legal interpretation as a solution to disputes over the validity of laws

2. Do legal concepts travel?

3. The semantics of openness: Why references to foreign judicial decisions do not infringe the sovereignty of national legal systems

4. Who forges the tools? The methods of interpretation between interpretive discourse and positive norms of law

2. Who does legal interpretation? Legal interpretation as judicial activity

5. Balancing interpretation rules as the element of judicial discretion

6. Interpretation of international treaties and the role of Articles 31 and 32 of the Vienna Convention on the Law of Treaties: A Wittgensteinian perspective

Part II: Language and translation in the interpretation of international law

7. Interpreting multilingual laws: Some costs and benefits

8. On the conceptualization of meaning in legal interpretation

9. Multilingual interpretation by the CJEU in the Area of Freedom, Security, and Justice

10. Translation of judgments of the European Court of Human Rights into non-official languages: The politics and practice of European multilingualism

Part III: Interpretation in special areas of international law

1. Trade, Investment and Commercial law

11. Fundamental values being introduced into the treaty interpretation process under the WTO beyond semantic finding of conveyed meaning

12. Legal interpretation and adjudicatory activism in international commercial arbitration

13. Is a legal implicature only in the eye of the beholder? On the interpretation of the CISG convention

14. The vague meaning of the Fair and Equitable Treatment principle in investment arbitration and new generation clarifications

2. Human rights law and international criminal law

15. Interpretative evolution of the norm prohibiting torture and inhuman or degrading treatment under the European Convention

16. Crimes against women in armed conflicts: Judicial activism and fem

People also search:

legal interpretation and language

how to understand law language

language interpretation examples

language interpretation definition

language interpretation and translation