Introduction Capturing the Change: Universalising Tendencies in Legal Interpretation

TY - CHAP

T1 - Introduction Capturing the Change

T2 - Universalising Tendencies in Legal Interpretation

AU - Jemielniak, Joanna

AU - Miklaszewicz, Przemyslaw

PY - 2010

Y1 - 2010

N2 - International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying development and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable influence 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 systems (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 (arbitration, 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.

AB - International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying development and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable influence 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 systems (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 (arbitration, 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.

M3 - Book chapter

SP - 1

EP - 27

BT - Interpretation of Law in the Global World: from Particularism to a Universal Approach

A2 - Jemielniak, Joanna

A2 - Miklaszewicz, Przemyslaw

PB - Springer Publishing Company

CY - Berlin

ER -