Interpretation of Law in the Global World: From Particularism to a Universal Approach

Více o knize

International and supranational integration in Europe, along with the harmonisation of international trade rules and the rise of arbitration for commercial disputes, significantly impacts modern legal systems. These phenomena stem from different sources and operate in distinct ways. Some processes are top-down, involving direct actions by states that influence their internal legal frameworks (such as integration and harmonisation via public international law), while others are bottom-up, driven by private parties that foster uniform practices and standards (like arbitration and lex mercatoria). Both approaches enrich national legal cultures and help transcend local particularisms in law creation, interpretation, and application. This work aims to illustrate how these dynamics have affected legal interpretation, shaping methods and techniques, and the implications for interpretative outcomes. It is essential to recognize that the interpretation of law is not solely dictated by legal provisions.