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 (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 (ar- tration, 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. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.
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From the Back Cover
The volume examines the impact of applying transnational rules on the repertory, methods and practice of legal interpretation. It scrutinizes how globalization processes in law – those reaching top-down (such as European law), as well as those developing bottom-up (such as the new lex mercatoria and international commercial arbitration) – influence the often highly innovative use of various methods of legal rendition. It also examines to what extent they affect supranational and domestic decision-making.
Capturing the current development of universalizing tendencies in legal interpretation, the book offers both an extensive theoretical background and thorough studies on adjudicatory practice in such fields as European and constitutional law, international business law and arbitration or criminal law.
About the Author
Joanna Jemielniak, Ph.D., is an Associate professor at the Faculty of Law, Univesity of Copenhagen. She was a Fulbright Fellow at harward University in 2004/05 and subsequently held visiting appointments at UNIDROIT (2006), Harvard law School (2007) and the University of California, Berkeley, School of Law (2008). She is an International Collaborator to International Commercial Arbitration Practices: A Discourse Analytical Study. She specializes in international business law and arbitration, as well as in theory of legal discourse. Her recent work focuses on legal interpretation and argumentation in international commercial arbitration. Przemyslaw Miklaszewicz, Ph.D., is a referendaire at the Court of Justice of the European Communities in Luxembourg. He has served as an expert in the field of European law (EU, Council of Europe) at the Office of the Constitutional Court of the Republic of Poland (2004-2009). Member of the Consumer law Working Group of the Polish Civil Law Codification Commission. In his recent work he examines professionals duties to provide information in contracts with consumers. He is also involved in research on law and economics in the field of private law (member of the Polish Association of Law and Economics).
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