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Legal Interpretation in International Commercial Arbitration
This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Interpretation of Law in the Global World: From Particularism to a Universal Approach
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...
Establishing Judicial Authority in International Economic Law
This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.
WTO Dispute Settlement and the TRIPS Agreement
Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO.
Reclaiming Development in the World Trading System
In this second edition, Lee provides extensive coverage of international trade law from an economic development perspective.
Industrial Policy and the World Trade Organization
Highlights what national governments should know to properly conduct their industrial policies under the multilateral trading system.
Distributive Justice and World Trade Law
This book proposes a novel theory of justice in international trade law, examining what justice means and demands in this domain.
The Prudential Carve-Out for Financial Services
Studies the GATS prudential carve-out as well as prudential carve-outs in preferential trade agreements.
Developing Countries and Preferential Services Trade
A discussion of the flexibility in WTO law for developing countries and how it can be used to their economic advantage.
Judicial Acts and Investment Treaty Arbitration
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
