Introduction Capturing the Change: Universalising Tendencies in Legal Interpretation

Joanna Jemielniak, Przemyslaw Miklaszewicz

4 Citations (Scopus)

Abstract

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.

Original languageEnglish
Title of host publicationInterpretation of Law in the Global World: from Particularism to a Universal Approach
EditorsJoanna Jemielniak, Przemyslaw Miklaszewicz
Number of pages27
Place of PublicationBerlin
PublisherSpringer Publishing Company
Publication date2010
Pages1-27
ISBN (Electronic)9783642048852
Publication statusPublished - 2010

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