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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.
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
In this thoroughly revised second edition editors Bård A. Andreassen, Claire Methven O’Brien and Hans-Otto Sano advance contemporary discussions on human rights methodology, bringing together an array of leading scholars to offer instruction and guidance on the methodological approaches to human rights research.
The first volume in a series of three focuses on myth in everyday organizational life, pertaining to individual actors: heroes and heroines, and the roles they play in organizations. Attitudes and temperaments, as well as professional ethos, are narrated and mythologized to reveal an archetypal dimension of organizing and organizations.
The last one hundred years have seen a number of events that could be perceived as disruptive challenges to the normal operation of the legal order. Some have been disruptive innovations of technologies or business practices, others social changes or constitutional transformations, further buttressed by the impact of globalisation and interdependence affecting the development of international, transnational and global law. Coincidentally, this period of one hundred years has been bookended by two pandemics, themselves disruptive realities testing the resilience as well as the adaptability of the legal regimes. A hundred years ago, the founding dean of a newly established law faculty beginnin...
This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Completed in 1964, Harold J. Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor Várady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.
Published 35 years after Palgrave Macmillan’s landmark International Political Economy (IPE) series was first founded, this Handbook captures the state of the art of contemporary IPE. It draws on the series’ history of focusing on the oft-neglected study of the global South. Providing interdisciplinary perspectives from scholars hailing from the global North and South, the Handbook illustrates the theoretical innovations and empirical richness necessary to explain today’s ever-changing world. This is a world in which the global South and North are not only being transformed by the end of bipolarity and the rise of the BRICS, but also by diverse global crises and growing cross-border ch...