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Contract Interpretation in Investment Treaty Arbitration
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Law and the Humanities
A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.
Analogical Reasoning in Law
This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
The Europeanisation of Law
Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.
Disputes and Democracy
Athenians performed democracy daily in their law courts. Without lawyers or judges, private citizens, acting as accusers and defendants, argued their own cases directly to juries composed typically of 201 to 501 jurors, who voted on a verdict without deliberation. This legal system strengthened and perpetuated democracy as Athenians understood it, for it emphasized the ideological equality of all (male) citizens and the hierarchy that placed them above women, children, and slaves. This study uses Athenian court speeches to trace the consequences for both disputants and society of individuals' decisions to turn their quarrels into legal cases. Steven Johnstone describes the rhetorical strategies that prosecutors and defendants used to persuade juries and shows how these strategies reveal both the problems and the possibilities of language in the Athenian courts. He argues that Athenian "law" had no objective existence outside the courts and was, therefore, itself inherently rhetorical. This daring new interpretation advances an understanding of Athenian democracy that is not narrowly political, but rather links power to the practices of a particular institution.
Intertwinements of Law and Medicine
The general aim of this book is to discuss a number of important and interrelated issues in life of modern man in medicine and the law. That discussion is not only on material aspects of those issues but also on the forms of knowledge which enable us to develop the relevant arguments and to cope with related experiences in everyday life. These issues are on the whole understood in terms of the 'law-medicine relationship' or the 'law and medicine interface'. However, a reflexion on the philosophical and cultural basis of those expressions shows the shortcomings of that appraoch and the need for an understanding of that relationship in terms of intertwining discourses.
Criminal Law and the Modernist Novel
The realist novel and the modern criminal trial both came to fruition in the nineteenth century. Each places a premium on the author's or trial lawyer's ability to reconstruct reality, reflecting modernity's preoccupation with firsthand experience as the basis of epistemological authority. But by the early twentieth century experience had, as Walter Benjamin put it, 'fallen in value'. The modernist novel and the criminal trial of the period began taking cues from a kind of nonexperience – one that nullifies identity, subverts repetition and supplants presence with absence. Rex Ferguson examines how such nonexperience colours the overlapping relationship between law and literary modernism. Chapters on E. M. Forster's A Passage to India, Ford Madox Ford's The Good Soldier and Marcel Proust's In Search of Lost Time detail the development of a uniquely modern subjectivity, offering new critical insight to scholars and students of twentieth-century literature, cultural studies, and the history of law and philosophy.
Temporality in Life As Seen Through Literature
With a wealth of papers in its pages, this book examines that fundamental of human philosophy, the relationship between human beings and time. Having the human subject – the creator – at its center, literature is essentially engaged in temporality whether that of the mind or of the world of life through the creative process of writing, stage directing, or the reader’s and viewer’s reception. This text examines, among others, the work of Proust and Kafka.
Access to Medicines and Vaccines in the South
How can developing countries maximize some of the beneficial rules and policies provided to them by the EU and international organizations to reduce public health plight in terms of inadequate access to medicines and vaccines? The author identifies ways in which policy makers and legislators can optimally use extant rules to enhance healthcare provision.
