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Capturing the Change: Universalising Tendencies in Legal
Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz
International and supranational integration on the European
continent, as well as the harmonisation of the rules of
international trade and the accompanying dev- opment and global
popularity of the resolution of commercial disputes through
arbitration, constantly exerts a considerable in uence on modern
legal systems. The sources of each of these phenomena are
different, and their action is dissimilar. Each can be described as
reaching either from the top to the bottom, through the direct
involvement of interested States and consequently affecting their
internal legal s- tems (international and supranational
integration; harmonisation of trade regulations through public
international law instruments), or bottom-up, as a result of
activity by private parties, leading to the achievement of uniform
practices and standards (ar- tration, lex mercatoria). Nonetheless,
they both enrich national legal cultures and contribute to
transgressing the limits of national (local) particularisms in
creating, interpreting and applying the law. The aim of this book
is to demonstrate how these processes have in uenced the
interpretation of law, how they have shaped the methods and
techniques of the interpretation and with what consequences for the
outcomes of the interpretative procedures. In assessing the extent
of this in uence, due regard must be paid to the fact that the
interpretation of law is not, in principle, directly determined by
the provisions of law itself.
Capturing the Change: Universalising Tendencies in Legal
Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz
International and supranational integration on the European
continent, as well as the harmonisation of the rules of
international trade and the accompanying dev- opment and global
popularity of the resolution of commercial disputes through
arbitration, constantly exerts a considerable in uence on modern
legal systems. The sources of each of these phenomena are
different, and their action is dissimilar. Each can be described as
reaching either from the top to the bottom, through the direct
involvement of interested States and consequently affecting their
internal legal s- tems (international and supranational
integration; harmonisation of trade regulations through public
international law instruments), or bottom-up, as a result of
activity by private parties, leading to the achievement of uniform
practices and standards (ar- tration, lex mercatoria). Nonetheless,
they both enrich national legal cultures and contribute to
transgressing the limits of national (local) particularisms in
creating, interpreting and applying the law. The aim of this book
is to demonstrate how these processes have in uenced the
interpretation of law, how they have shaped the methods and
techniques of the interpretation and with what consequences for the
outcomes of the interpretative procedures. In assessing the extent
of this in uence, due regard must be paid to the fact that the
interpretation of law is not, in principle, directly determined by
the provisions of law itself.
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