Relevant bibliographies by topics / Law – Interpretation and construction

Academic literature on the topic 'Law – Interpretation and construction'

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Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Law – Interpretation and construction"

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Iryna, Sharkova. "Genesis Good Faith Interpretation (Interpretatio ex Bona Fide) in Roman Private Law." Legal Ukraine 5, no. 5 (May 26, 2021): 46–50. http://dx.doi.org/10.37749/2308-9636-2021-5(221)-6.

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The paper explores the main meaning of understanding of interpretation technologies based on the principle of good faith (bona fides). For this purpose, a compratibly historical method of private law is applied. It was substantiated the understanding of the process of development for the Roman legal institution of interpretation (ius interpretātio) as a transformation of its historical forms or sub-institutions. Were further developed the historical reconstruction of the Roman legal institution of iudicia bonae fidei as the most important for the formation of ius interpretātio by focusing on the study of key legal constructions pro boni viri arbitrio. This made it possible to obtain information that can be reduced to three positions: (1) The essence of the Principle of Good Conscience has a constant nature in world history; (2) In Roman private law, a contextual approach to interpretation was used, and in modern civil law of Ukraine – fundamentally different, textual; (3) The subjective criterion of common sense requires the implementation of the Civil code of Ukraine. It provides changes in the official legal structure of the priority of the literal interpretation of the content of the transaction, enshrined in Art. 213 of the CCU, on the construction of the rule of good faith interpretation, which is generally recognized in European contract law. Key words: comparative historical analysis, good faith, common sense, good faith interpretation, good faith contracts, claims of goodholders.
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Robertson, Andrew. "Purposive contractual interpretation." Legal Studies 39, no. 2 (January 28, 2019): 230–46. http://dx.doi.org/10.1017/lst.2018.33.

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AbstractIt is now well recognised that contractual purposes play an important role in the construction of contracts. The methods by which purposes are taken into account have not, however, been systematically explored. This paper considers three central issues in the purposive construction of contracts: first, the reasons contractual purposes are relevant to the interpretation of express terms and the identification of implied terms; secondly, the way in which contractual purposes are identified and distinguished from individual party interests; and, thirdly, the different ways in which contractual purposes inform the processes of interpretation and implication. It is argued that reference to contractual purposes can both raise and resolve interpretive choices, and that purposive construction plays a significant and under-recognised role in the identification of implied terms.
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Rowe, Matthew. "Interpretation and Construction, Art, Speech, and the Law." British Journal of Aesthetics 44, no. 3 (July 1, 2004): 303–4. http://dx.doi.org/10.1093/aesthj/44.3.303.

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Gracyk, T. "Interpretation and Construction: Art, Speech, and the Law." Philosophical Review 115, no. 4 (October 1, 2006): 524–26. http://dx.doi.org/10.1215/00318108-2006-013.

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Spaić, Bojan. "Interpretation and construction: An addendum to the discussion about creation and application of law." Pravni zapisi 12, no. 1 (2021): 29–61. http://dx.doi.org/10.5937/pravzap0-31882.

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As part of their regular activities, courts attach meaning to legal texts to determine the normative situation of the parties to the dispute. The activity of attributing meaning to legal texts by the courts is commonly called authoritative interpretation of law. In many cases, the meaning attributed to the text by the court deviates significantly from what laymen and even lawyers would expect, and the deviations themselves are explained in different ways in legal theory. In the purpose of explanation, the terms creation and application of law, extensive and restrictive interpretation, secundum, praeter and contra legem adjudication are used. This paper introduces and explains the concepts of interpretation, construction and their relationship, as possible explanations of situations in which authoritative judicial interpretations deviate from the expectations of the professional and lay public. For this purpose, contemporary textualist and intentionalist (cognitivist) conceptions of interpretation and construction are presented and compared with contemporary skeptical (realist, antiformalist) conceptions. Despite the simplicity and intuitive acceptability of some cognitivist views, skepticism is shown to provide a better theoretical basis for considering the application and creation of rights by courts. The very distinction between interpretation and construction proves to be a useful theoretical tool for explaining the actions of courts, as well as for specifying existing theoretical distinctions.
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Tetley, William. "Canadian Interpretation and Construction of Maritime Conventions." Revue générale de droit 22, no. 1 (March 21, 2019): 109–28. http://dx.doi.org/10.7202/1058170ar.

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In this article, the author first describes the essentially civilian nature and origin of maritime law in the United Kingdom, the United States and Canada, a point unfortunately overlooked in the Supreme Court of Canada’s decision in the Buenos Aires Maru case [1986] 1 S.C.R. 752, but recognized in the judgement of the same Court in Chartwell Shipping Ltd v. Q.N.S. Paper, [1989] 2 S.C.R. 683. The article touches briefly on the federal jurisdiction over maritime law in Canada, the dual jurisdiction of the Federal Court and the superior courts of the provinces in maritime matters and the mixed civilian / common law system in Quebec. Consideration is then given to the Constitution Act, 1867, as interpreted by the much-criticized Labour Conventions decision of the Privy Council [1937] A.C. 326. The decision held that although the power to conclude international treaties and conventions in Canada is vested in the federal government alone, the enactment of the domestic legislation required to secure the implementation of such international agreements is not an exclusively federal matter, but may be a question of either federal or provincial competence, depending on the subject matter of the treaty or convention concerned. The author then reviews the principal rules of statutory interpretation which are provided for by the Vienna Convention on the Law of Treaties of 1969. He points out that, notwithstanding Canada’s ratification of this Convention in 1970, Canadian courts still tend to apply traditional (and often narrow) techniques of statutory interpretation when called upon to construe treaty texts, rather than keeping the goals of the agreement and intent of the parties in view, as the Vienna Convention requires. He indicates, however, a more recent judicial trend towards a more liberal methodology, as evidenced in decisions like R. v. Palacios, (1984) 45 O.R. (2d) 269 (Ont. C.A.) The article concludes with a brief overview of the major statutory interpretation rules applied by Canadian courts in construing local laws and international agreements and some aids to such interpretation. Professor Tetley, as a last tribute, applauds what he sees to be the slowly emerging "general consensus" on statutory and treaty interpretation in Canada.
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Tietz, Jonathan. "The "Broadest Reasonable Interpretation" and Applying Issue Preclusion to Administrative Patent Claim Construction." Michigan Law Review, no. 117.2 (2018): 349. http://dx.doi.org/10.36644/mlr.117.2.broadest.

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Inventions are tangible. Yet patents comprise words, and words are imprecise. Thus, disputes over patents involve a process known as “claim construction,” which formally clarifies the meaning of a patent claim’s words and, therefore, the scope of the underlying property right. Adversarial claim construction commonly occurs in various Article III and Article I settings, such as district courts or the Patent Trial and Appeal Board (PTAB). When these proceedings ignore each other’s claim constructions, a patent’s scope can become inconsistent and unpredictable. The doctrine of issue preclusion could help with this problem. The Supreme Court recently reemphasized in B & B Hardware v. Hargis Industries that administrative decisions can have issue preclusive effect. But district courts and the PTAB use formally different legal standards in claim construction, where the district court takes a narrower view of a patent’s scope. This Note contends that a claim construction determination made by the PTAB under the “broadest reasonable interpretation” standard should, indeed, be the broadest reasonable interpretation of a claim. To facilitate uniformity and public notice, issue preclusion should be applied such that the PTAB’s “broadest reasonable interpretation” is an outer interpretive bound of a patent’s scope in subsequent district court litigation.
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Weiling, Luo, and Liang Deng. "Legal Construction of Algorithm Interpretation." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 9 (December 17, 2019): 171–86. http://dx.doi.org/10.7146/nnjlsr.v1i9.122157.

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Nowadays the development of AI technology is not yet mature, let alone the legal definition and regulation of its type, even the type of technology itself is full of uncertain factors. Because of the rapid development of technology and the openness of theories, scientists have not yet formed a unified consensus and system on cutting-edge technical issues. Therefore, at present, governments all over the world are actively formulating the development plans of AI, but the supervision and regulation of AI are scattered and lagging behind. There is nothing wrong with encouraging the development of new technologies, but the application of technologies requires a responsible response to various ethical demands from human society. No matter what form of AI technology and its application are inseparable from the algorithm and the issue of “algorithm accountability” may probably be a focus of legal regulations on AI and the path of accountability is algorithm interpretation. It is desirable but regrettable that the EU’s GDPR stipulates the non-binding “right to explanation”. But the stop of GDPR is exactly the starting point of constructing the algorithm interpretation mechanism in law.
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Selimi, Behar, and Murat Jashari. "Constitutional Interpretation or Construction of the Government-Formation Process in Kosovo." Zbornik Pravnog fakulteta u Zagrebu 71, no. 6 (February 1, 2022): 867–96. http://dx.doi.org/10.3935/zpfz.71.6.03.

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This article analyzes the constitutional provisions and practices of the Kosovar process of forming a government in two scenarios: after a parliamentary election, and after a motion of no confidence. The factors that most prominently complicate this process are the proportional electoral system, extreme party pluralism, and ambiguous constitutional provisions. Leaving aside the first two factors, which have thus far resisted efforts to change them, the authors claim that the constitutional law dealing with the government-formation process has undergone both procedural and substantive changes as a result of interpretations and decisions by the Constitutional Court. The authors further note that these changes are constitutional constructions, rather than constitutional interpretations, and describe the novel, resultant practice as legitimized without amendment. These constitutional interpretations and constructions, their possible alternatives, and the relevant constitutional provisions are analyzed through doctrinal legal research. That constitutional judgments can be reinterpreted and abused by interim, and office-seeking (rather than policy-seeking) political coalitions seems a condition poised to engender future instability; therefore, the authors hold that the amendment of the constitution is the best insurance against political and constitutional crises when it comes to forming a government, either after elections or with the same legislature. The authors hope that this paper will contribute to the enrichment of the constitutional practice of forming parliamentary governments and the development of the doctrine of constitutional interpretation.
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Serediuk, Vitalii. "Methodological importance of legal constructions and their influence on the legal norms interpretation." Krakowskie Studia Małopolskie 38, no. 2 (2023): 26–36. http://dx.doi.org/10.15804/ksm20230202.

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The article reveals the methodological significance of legal constructions and shows their influence on the interpretation of legal norms. It has been found that legal construction is one of the epistemological tools of legal science and means of interpreting legal norms in the process of their implementation. A concentrated expression of the possible conditions of law enforcement determines the methodological significance of legal constructions during the interpretation of legal norms. The legal construction is shown as a set of stable connections of the object, which ensure its integrity and identity. Emphasis is placed on the fact that intraindustry and inter-industry connections of legal norms allow law to preserve its properties as a regulatory in the face of internal and external changes, to be stable and stable. The existence of a stable structure determines the existence of law as a system is a condition for the existence of law. The author came to the conclusion that in order to optimize legal interpretation activity, it is necessary to improve the process of eliminating defects in legal constructions. The ambiguity and inconsistency of legal constructions is a consequence of the increase in the number of scientific terms, special expressions, contradictions and gaps in the normative material. The reason for this is hasty normative design without compliance with the requirements of legal technique. With the help of legal constructions, insightful, detailed and in-depth clarification of the content of legal norms is carried out.
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Dissertations / Theses on the topic "Law – Interpretation and construction"

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Du, Toit Gerhard. "The significance of postmodern theories of interpretation for contractual interpretation : a critical analysis." Thesis, Stellenbosch : University of Stellenbosch, 2006. http://hdl.handle.net/10019.1/1245.

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Thesis (LLD (Mercantile Law))--University of Stellenbosch, 2006.
The objective of this study is to examine the significance of postmodern insights regarding interpretation (especially the rejection of intentionalism) and subjectivity for contractual interpretation theory. In Part One (consisting of chapters 2-5), the leading postmodern insights on interpretation, individual autonomy, texts and intentionalism are discussed. This is done by analysing the present interpretive practice in four chapters: 1) Different theories of interpretation ranging from objectivism and natural law theories to post-structuralism are discussed in chapter 2. 2) In chapter 3 individual autonomy (as advocated by liberal theorists) is contrasted with communitarianism in order to problematize the notion of contracting parties as autonomous, self-regulating beings. By highlighting criticism against liberalism and communitarianism, and also by suggesting critical self-rule as an alternative, the assertion that contracting parties are autonomous and self-regulating is contested. 3) The process of textual definition is critically analysed with emphasis on the position reflected by the application of the parol-evidence rule and also post-structuralist ideas on the definition of texts in chapter 4. It is shown that textual definition consists of interpretation rather than identification. 4) The nature of intention and the process of intention “discovery” are analysed in chapter 5. Because of the centrality of intention in contractual practice, alternative theories on intention (and its role during interpretation) are postulated and it is suggested that post-structuralism can provide a critically reflective theory of intention. It is clear (from the critical analysis of intentionalism) that the way intention is presently approached is theoretically flawed. It is also apparent from the critique of liberal beliefs held regarding the nature of interpretation, subjectivity and the definition of texts that the theoretical foundations of these beliefs are fundamentally flawed. A critical re-imagination of contractual interpretation is necessary. In Part Two, questions about the justifiability of the present interpretive theories are posed. In chapter 6 the practical implications of a new theoretical basis for contractual interpretation are considered by examining the way various rules of interpretation are influenced by the new theoretical basis of interpretation. Three “rules” are examined: 1) The golden rule of interpretation is examined because of its reliance on intentionalist assumptions; 2) the parol-evidence rule is examined because of its relation to positivist assumptions about the definition of texts; 3) the relevance of bona fides as a substantial remedy during the interpretation of the contract is analysed to reveal assumptions about the nature of legal subjectivity in which the present consideration of the bona fides is grounded. It is shown that rules depend not on their content for operation, but rather on the assumptions upon which they are grounded. In short, we do not have to do away with our rules of contractual interpretation, but we have to re-evaluate how we apply those rules. The final part of this dissertation consists of a summary of the conclusions drawn during the course of this study.
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曹永強 and Wing-keung Tommy Cho. "Judicial interpretation / fictionalization." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31972731.

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Catterwell, Ryan Ronald. "CONSTRUCTION IN CONTRACT LAW: A LOGICAL AND STRUCTURED APPROACH." Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/17990.

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Construction is a pervasive feature in contract law. It is a technique employed to define a contractual rule, ie, a rule that makes up part of a contract. In construction, the objective intention of the parties is inferred from the choice of words in the contract. But construction has a narrow focus: the aim is to resolve a particular question of intention. From this starting point, construction fits within a logical structure. It consists of four stages. First, the relevant question is defined. The question may relate to any aspect of the contractual relationship. Second, potential answers to the question are put forward. Each answer amounts to a competing ‘construction’, ie, a competing formulation of the disputed rule that forms part of the contract. Third, arguments in support of each construction are formulated. The arguments are built from the admissible materials, ie, the text, the potential meanings for words, the background to the transaction, the purpose of the contract, the consequences of the competing constructions, and normative factors, such as business commonsense. In the final stage, the ‘correct’ construction is chosen as a matter of probable intention by evaluating the competing arguments. The benefits of the proposed model are two-fold. First, it offers a comprehensible means of understanding construction at a level of sophistication warranted by the complexity of the process. Through the model, one can understand the reasons for a decision in a construction case in terms of the composition of competing arguments at play. In particular, construction disputes often involve a tension between: (i) arguments as to intention drawn from the meaning of the words agreed; and (ii) arguments as to intention that are based on the purpose of the contract or the consequences of the competing constructions. Usually, in the case of such tension, the construction that succeeds is the one that fits best with the contract taken as a whole. Understanding construction in this manner can bring clarity and consistency to judicial reasoning in construction. It can also explain the role of construction in contract law. This is the second benefit of the model. By defining construction in its core interpretative function, it can be distinguished from analogous contract law techniques. The contractual relationship is governed by a combination of rules agreed by the parties and rules imposed by doctrine and statute. Contract law employs a variety of techniques and processes to administer these rules. Construction is but one of these techniques: it is the primary means through which contractual rules are defined. However, contractual rules can also be defined as a matter of implication or rectification. In addition, many doctrinal rules require conclusions regarding intention that may or may not be established on a constructional basis. Hence, the thesis presents not only a novel way to understand construction, but also a fresh perspective on the nature of contract law.
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Mitrophanous, Eleni. "Constructive interpretation : Dworkin on interpretation as a method for understanding law." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285251.

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Lee, Jack Tsen-Ta. "An articulate silence : the interpretation and construction of taciturn bills of rights." Thesis, University of Birmingham, 2012. http://etheses.bham.ac.uk//id/eprint/3572/.

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Taciturn bills of rights and constitutions – texts that express concepts at high levels of abstraction or which do not provide much guidance in other ways – pose challenges for courts responsible for determining their meaning and applying them. This dissertation aims to identify the approach that might be taken by courts in Commonwealth jurisdictions with written constitutions. It argues that the starting point is the legislative intention underlying the text, and that the preferred conception of such an intention is moderate originalism. This requires ascertainment of the meaning the legislators imbued the text with through their choice of words at the time the constitution was enacted, but which recognizes that parts of the text may be interpreted dynamically where language connoting abstract moral principles has been employed. The dissertation distinguishes constitutional interpretation from constitutional construction. Interpretation involves identifying the semantic content of a constitutional text, and to do so courts should consider the linguistic, purposive and applicative meanings of terms and provisions. Where interpreting the text does not yield any useful or complete legal rule, the court must engage in construction by applying legal principles and techniques such as the presumption in favour of generosity, the use of constitutional implications, and a proportionality analysis. Thus, any constitutional ‘silence’ is in fact not so silent after all, as it may be given voice by the court.
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Yang, Xiaonan, and 楊曉楠. "The interpretation of the Hong Kong Basic Law: an institutional analysis." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B42181999.

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Seroin, Isabelle. "L'application des règles d'interprétation de la Convention de Vienne sur le droit des traités dans le cadre de l'ALE, de l'ALENA, du GATT, de l'OMC et de l'Union européenne." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30327.

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This thesis explores the way in which the rules of interpretation of the Vienna Convention on the Law of Treaties have been applied in the context of the US-Canada Free Trade Agreement, the North American Free Trade Agreement, the GATT, the World Trade Organization Agreement and the European Union. The author seeks to analyze the way the dispute settlement panels established according to these agreements and the Court of justice of the European Communities have used the interpretation tools provided by public international law. The author then examines the interpretation framework for international treaties and investigates how Articles 31 and 32 of the Vienna Convention have been applied in the context of each of these agreements or treaties. The extensive panels and court practice surveyed by the author underlines the importance of public international law when interpreting international trade law.
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Taizir, Aswita. "Muḥammad ʻAbduh and the reformation of Islamic law." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26336.

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This thesis examines Muhammad 'Abduh's ideas on Islamic Law, and the extent to which his writings influenced subsequent Muslim reformers in the sphere of law. The study focuses on 'Abduh's views on ijtihad and its application in modern society.
The principle of ijtihad, as practised by 'Abduh, was not dependent upon the opinions of previous scholars. A leading reformer of Islamic law (1849-1905), 'Abduh rejected taqlid which in nineteenth century Egypt was the rule of the day. Scholars in his day adhered to the books of their respective madhhabs to the extent of choosing to ignore the main sources of Islamic law, viz. the Qur'an and Hadith. For this reason, 'Abduh did not follow any particular madhhab in his ijtihad, but chose to be guided by whichever school of law he believed was best fit to deal with a particular contemporary problem. This practice has come to be known as talfiq. His use of it was the beginning of legal reform in Islamic law.
To facilitate legal reform, 'Abduh employed the Islamic legal principle of al-maslahah al-mursalah. This principle was an application of ijtihad which he invoked in order to deal with issues such as polygamy and bank interest. 'Abduh's fatwas were based on the sources of Islamic law, i.e. the Qur'an and the Hadith. Although his main concern was to rehabilitate the use of reason in law, he never strayed far from the traditional sources.
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Frydman, Benoît. "Les modèles juridiques d'interprétation." Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211908.

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Corten, Olivier. "L'utilisation du raisonnable par le juge international: discours juridique, raison et contradictions." Doctoral thesis, Universite Libre de Bruxelles, 1996. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212323.

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Books on the topic "Law – Interpretation and construction"

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Langille, Brian. Interpretation, disagreement, law (Law 264F). Toronto, Ont: Faculty of Law, University of Toronto, 1992.

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Langille, Brian. Interpretation, disagreement, law (Law 264F). Toronto, Ont: Faculty of Law, University of Toronto, 1991.

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Langille, Brian. Interpretation, disagreement, law (Law 264F). Toronto, Ont: Faculty of Law, University of Toronto, 1992.

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Langille, Brian. Interpretation, disagreement, law (Law 264F). Toronto, Ont: Faculty of Law, University of Toronto, 1991.

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Langille, Brian. Interpretation, skepticism, law. Toronto, Ont: Faculty of Law, University of Toronto, 1987.

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Langille, Brian. Interpretation, skepticism, law. Toronto, Ont: Faculty of Law, University of Toronto, 1987.

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1931-, Kriele Martin, and Atienza Manuel, eds. Interpretation des Heiligen, Interpretation des Rechts =: Interpretation of the sacred, interpretation of law. Münster: Lit, 1999.

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S, Narayana P. Law of statutory interpretation. Hyderabad: Asian Law House, 2007.

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Clerc, Evelyne. Interpretation en droit européen: Interpretation in European law. Bruxelles: Bruylant, 2011.

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Wagner, Anne, Wouter Werner, and Deborah Cao. Interpretation, Law and the Construction of Meaning. Dordrecht: Springer Netherlands, 2007. http://dx.doi.org/10.1007/1-4020-5320-7.

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Book chapters on the topic "Law – Interpretation and construction"

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Solimene, Fabio. "Interpretation of construction contracts." In The Law and Practice of Complex Construction Projects, 312–30. London: Informa Law from Routledge, 2024. http://dx.doi.org/10.4324/9781003387718-37.

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Van Schooten, Hanneke. "Law as Fact, Law as Fiction." In Interpretation, Law and the Construction of Meaning, 3–20. Dordrecht: Springer Netherlands, 2007. http://dx.doi.org/10.1007/1-4020-5320-7_1.

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Hasegawa, Nobuko. "The possessor raising construction and the interpretation of subject." In Linguistik Aktuell/Linguistics Today, 66–92. Amsterdam: John Benjamins Publishing Company, 2007. http://dx.doi.org/10.1075/la.101.05has.

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Flores, Imer B. "Dworkin, Ronald: Constructive Interpretation aka Interpretivism." In Encyclopedia of the Philosophy of Law and Social Philosophy, 810–12. Dordrecht: Springer Netherlands, 2023. http://dx.doi.org/10.1007/978-94-007-6519-1_5.

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Flores, Imer B. "Dworkin, Ronald: Constructive Interpretation aka Interpretivism." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–4. Dordrecht: Springer Netherlands, 2021. http://dx.doi.org/10.1007/978-94-007-6730-0_5-1.

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Flores, Imer B. "Constructive Interpretation, Democracy, and the Protestant Attitude." In AMINTAPHIL: The Philosophical Foundations of Law and Justice, 87–101. Cham: Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-53602-1_7.

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Stavrou, Melita. "13. Semi-lexical nouns, classifiers, and the interpretation(s) of the pseudopartitive construction." In Linguistik Aktuell/Linguistics Today, 329–53. Amsterdam: John Benjamins Publishing Company, 2003. http://dx.doi.org/10.1075/la.55.15sta.

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Ako, Rhuks, Ngozi Stewart, and Eghosa O. Ekhator. "Overcoming the (Non)justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a Healthy Environment in Nigeria." In Justiciability of Human Rights Law in Domestic Jurisdictions, 123–41. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-24016-9_6.

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Wyrzykowski, Mirosław. "When Sovereignty Means So Much: The Concept(s) of Sovereignty, European Union Membership and the Interpretation of the Constitution of the Republic of Poland." In The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law - La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence, 229–55. The Hague, The Netherlands: T. M. C. Asser Press, 2012. http://dx.doi.org/10.1007/978-90-6704-897-2_14.

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Calzolaio, Ermanno. "Interpretation." In Comparative Contract Law, 113–33. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003251606-6.

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Conference papers on the topic "Law – Interpretation and construction"

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Ollongren, Alexander. "Large-Size Message Construction for ETI - Inductive Self-interpretation." In 54th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. Reston, Virigina: American Institute of Aeronautics and Astronautics, 2003. http://dx.doi.org/10.2514/6.iac-03-iaa.9.2.09.

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White, Nancy J., Sigitas Mitkus, and Renata Cibulskienė. "Classification of a defect as breach of contract or tort: a comparative study of the U.S. and the Republic of Lithuania." In Contemporary Issues in Business, Management and Economics Engineering. Vilnius Gediminas Technical University, 2019. http://dx.doi.org/10.3846/cibmee.2019.067.

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Purpose – this paper compares the approach of United States’ law and Lithuanian law in classifying a construction defect as a breach of contract or tort. Research methodology – the paper uses case studies to analyze. Unites States’ law approach divides damages into damages for breach of contract and tort damages. According to Lithuanian law, civil liability is assigned to contractual and non-contractual (tort) liability depending on the nature of the unlawful actions. Findings – the cases demonstrate that a defect usually is considered a breach of contract. Different types of damages are recoverable: compensatory damages according to United States’ law and direct and indirect damages are recoverable according to Lithuanian law. Research limitations – both contractual and non-contractual liability are analyzed. In addition, defects to construction by an act of fraud are covered. More research is needed on how the law affects the extension of the warranty period or the statute of limitations. Originality/Value – the paper provides a new interpretation of classification a construction defect as a breach of contract or tort and offers new insights comparing the different approach of law. Practical implications – the paper will be instructive to developers, contractors, management corporations
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Al-Marri, Saad Zayed, Gary Peach, and Furqan Hameed. "Comparison of Geotechnical Investigation Results with Encountered Ground Conditions during Subsea Tunnelling in Qatar." In The 2nd International Conference on Civil Infrastructure and Construction. Qatar University Press, 2023. http://dx.doi.org/10.29117/cic.2023.0068.

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Starting in 2018, Musaimeer Pumping Station and Outfall Project (MPSO) was constructed to manage ground and storm water received from 270 km2 area of southern Doha, Qatar. The project consists of a pumping station, subsea tunnel, (constructed through Rus formation, Midra shale and Simsima limestone), riser shaft and diffuser bed structure. An Earth Pressure Balance (EPB) Tunnel Boring Machine (TBM) was used for subsea tunnelling where ground water inflows, mixed ground condition with the presence of vertical and lateral fractures connected to the seabed were encountered during tunnelling activity. This paper analyses the reliability of geotechnical investigation results and interpretations by comparison with encountered conditions. This will be beneficial to design a reliable geotechnical investigation programme for future projects of similar scope in the state of Qatar. Results and interpretations from drilled bore holes and geophysical survey provided an overall picture of underground conditions along the tunnel alignment, which identified the critical tunnelling areas for cutter head intervention and maintenance. These results were then compared with the built geotechnical conditions accessed by collecting data through the onboard TBM monitoring equipment, collecting rock mass samples, and performing geological face mappings during tunnelling activity. Comparison of pre-tendered investigation results with the built geotechnical conditions concluded that investigation results and encountered rock mass conditions were in line with each other. Geotechnical investigation programme followed for this project and interpretation as a result, made the tunnelling under sea to be carried out in more careful and low risk manner.
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Shevelan, John, and Nicholas T. Smith. "Characterisation of the Geology of the UK Low Level Waste Repository." In ASME 2011 14th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2011. http://dx.doi.org/10.1115/icem2011-59146.

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The UK Low Level Waste Repository Ltd (LLWR) submitted an Environmental Safety Case (ESC) for the disposal of low-level waste (LLW) to the UK Environment Agency on the 1st of May 2011. As part of the ESC, the LLWR have to demonstrate that a programme of site investigation and site characterisation has been carried out to provide the requisite information for the ESC and support facility design and construction. This paper explains the development of the site investigation programme and how the understanding of the geology of the site has developed. The geological environment in the region of the LLWR consists of Quaternary age deposits overlying older bedrock. The site has been subjected to a series of site investigation programmes from 1939 to the present day. The development of 3-D geological models was necessary to integrate data from boreholes, trial pits, geophysical investigations and beach exposures and data gained from site operations. The understanding of the geology has developed with each new set of data. Early simple interpretations from a few boreholes have been superseded by a series of more complex interpretations each incorporating the increasingly detailed observations. Initial attempts to develop a lithostratigraphic representation of the geology proved difficult. It was also difficult provide a clear link between the geology and the hydrogeology using a lithostratigraphic approach as required for the development of hydrogeological models. A lithofacies approach to characterising the geology was adopted in 2007, which has allowed the grouping of geological units with similar hydraulic properties and the development of a regional 3-D geological model. The 3-D geological model has been used as the framework for the development of a hydrogeological model for the site. The development of the 3-D geological models has been iterative. It was observed that there are differences between models developed using solely mathematical interpolation and those controlled by geological interpretation. The different representations of the geological information have been used to consider the effects of uncertainty in the geological interpretation in the hydrogeological modelling.
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Mezzi, Marco, Alessandro Fulco, Stefano Nodessi, Gianluca Fagotti, Nicola Alemanno, and Maurizio Rotondi. "LARGE SCALE SEISMIC ISOLATION FOR A POST-EARTHQUAKE RECONSTRUCTION PRESERVING IDENTITY OF SITES." In 2nd Croatian Conference on Earthquake Engineering. University of Zagreb Faculty of Civil Engineering, 2023. http://dx.doi.org/10.5592/co/2crocee.2023.131.

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The effects of seismic attacks in oldest parts of hit towns mostly depend on the quality of materials and construction technique even for low and medium intensity earthquakes. The negative consequences of traditional construction approaches appeared in all their evidence in many areas of Central Italy affected by recent seismic sequences of medium intensity (M5-M6) in 2016-17 where entire villages were destroyed. The reconstruction should solve the problem to rebuild with safety but preserving the historical aspect of buildings and landscape. This paper presents a particular application of the known technique of seismic isolation for the reconstruction with integral seismic protection of the worldwide known village of Castelluccio di Norcia in Umbria (Central Italy). The adoption of a seismic isolation system at city scale involves the construction of a large floating platform, having the dimensions of the entire compartment, supported by seismic isolators. In the considered case the platform is stepped due to the site orography, and, above it buildings are built with the aesthetic and constructive characteristics of the collapsed original ones. The solution allows a correct interpretation of the objective to rebuild "as it was, where it was", safeguarding the landscape, prolonging the lifetime, saving the expected cost.
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Clearwater, Barry. "Pressure Testing of Airport Underground Aviation Fuel Hydrant With Jet A-1 Fuel on Completion of Construction." In ASME 2002 Engineering Technology Conference on Energy. ASMEDC, 2002. http://dx.doi.org/10.1115/etce2002/pipe-29133.

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The paper is a description of the author’s experience in the pressure testing of airport underground fuel hydrants with aviation kerosene type fuel, Jet A-1. The paper will discuss pressure testing codes, useful and practical proof (strength) test and leak test acceptance criteria. Equipment to be used for the measurement of test pressures and temperatures will be discussed. Problems and advantages with testing with fuel will be covered. Interpretation of leak detection results by correlating pressure test response with temperature measurements and presentation of the concept that the trend is more important than the absolute values of pressure and temperature will be covered. Promotion of the idea that research is needed into the sensitivity of leak detection. The author has experience in the pressure test in a variety of fuel hydrants, but most recently with the fuel hydrant at the new Hong Kong International Airport at Chek Lap Kok, Hong Kong.
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Birkeland, Jennifer, Jonathan A. Scelsa, and John Paul Rysavvy. "The Lawn Game: Programming the Non-Static View." In 108th Annual Meeting Proceedings. ACSA Press, 2020. http://dx.doi.org/10.35483/acsa.am.108.29.

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In his article, “Is Landscape Architecture?,” David Leatherbarrow describes a critical transformation in the modern construction of ground away from a tradition of a singular vantage as a constructed image. Leatherbarrow writes, ‘no interpretation has come under more forceful criticism... Instead of images or pictures, contemporary landscapes are intended to offer effects, which are not matters of form, but the visible aspects of operations.” He suggests the practice of landscape as an image was rejected in the modern era because it falsified the “terrain as static...neglecting the fact that it is always inescapably developmental, dynamic or metabolic in character.” Leatherbarrow draws attention to the contemporary critique of the pre-modern landscape designer, whose interest in the pictorial ignored the alive and ever-changing nature of vegetation and earth. Hence the contemporary landscape designer decries the notion that landscape should demonstrate itself as driven by life and death — in the form of ecology on a site, or of social programming that would bring form to design. As such, the discipline of landscape during the modern era formed an indictment on practices of designing through the use of a picture plane and stationary view point in favor of a planometric organizations of ground effects.
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Verstricht, Jan. "Long-Term Monitoring Experiences at the HADES Underground Lab and its Relevance for Radwaste Repository Monitoring." In ASME 2013 15th International Conference on Environmental Remediation and Radioactive Waste Management. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/icem2013-96332.

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In the frame of its radwaste disposal research programme, SCK•CEN started the construction of the HADES underground research facility in 1980. Including several extensions and a comprehensive experimental programme, it has provided a lot of experience on monitoring. Monitoring is performed for many reasons: construction follow-up, field characterisation, investigation of phenomena, and model validations — in which the underground lab offers the opportunity for upscaling conventional laboratory set-ups. Construction monitoring has allowed to develop and optimise the underground construction techniques in a previously poorly known environment, resulting in a well-mastered application of mechanised methods for gallery construction with minimal damage to the host formation. Access to this formation also allows its characterisation, both geotechnical, geological and geochemical, and the detailed investigation of phenomena such as fracturing and oxidation. Finally, instrumented set-ups allow to test various numerical models by comparing the observations with the predicted behaviour. The specific conditions of the underground laboratory put particular requirements to the sensors. These conditions include the long-term nature of many set-ups — typically several years to decades, the inaccessibility of many sensors after installation, high mechanical and water pressures, and corrosion. Combined with the fact that many sensors are custom made, obtaining and maintaining a fully functional instrumented set-up can be challenging. A lot of experience has therefore been gained which is very valuable when designing the monitoring of radwaste repositories — and it has allowed us to determine the critical success factors for monitoring. Engineers tend to look at this first from a technical viewpoint — and there are many technical aspects indeed that determine the reliability of monitoring. A first one is the combination of different observations (“redundancy”) which can be implemented by the use of several sensors, different sensor principles, different (coupled) parameters, and the combination of point measurements with geophysical techniques. Cabling is also a critical issue as it is often considered as the primary enemy of barrier integrity. Minimal cabling techniques, such as distributed fibre optic monitoring and wireless signal transmission, therefore get increasing attention. Also the interpretation of the monitoring data — in particular those that are perceived as “wrong” or “unexpected”, needs sufficient attention. The long-term experience has however also shown that the design of a monitoring programme must look beyond the technical part. In particular for long-term applications, issues such as data management and record keeping are vital to guarantee success in this.
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Meng, Fanwei, and Joaquín Ángel Martínez Moya. "The architecture of the early 20th century in the cities of Harbin (China) and Castelló (Spain)." In HEDIT 2024 - International Congress for Heritage Digital Technologies and Tourism Management. Valencia: Universitat Politècnica de València, 2024. http://dx.doi.org/10.4995/hedit2024.2024.17523.

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This research focuses on the historical and architectural analysis of Harbin City, especially on the interpretation of this urban space through historical traces, taking Lao Ding Feng architecture as an example. Much of the history of the city focuses on the Russian and Japanese invasions, so such aspects as architectural styles and the construction of the railway are attributed to the occupation of these countries, more especially to the Russian occupation. The research presents a qualitative methodology and bibliographic review of the baroque-style buildings found in Harbin, which reveals that many buildings today have endured over time and become one of the historical monuments of the city.
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Suyunova, Z. M. "Doctrinal interpretation of property rights in civil law." In Scientific Trends: Law. ЦНК МОАН, 2020. http://dx.doi.org/10.18411/spc-20-05-2020-05.

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Reports on the topic "Law – Interpretation and construction"

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Breland, Benjamin, Lucas Walshire, Maureen Corcoran, Julie Kelley, Janet Simms, Danny Harrelson, and Mansour Zakikhani. Old River Control Complex (ORCC) Low Sill : a literature synthesis. Engineer Research and Development Center (U.S.), March 2023. http://dx.doi.org/10.21079/11681/46630.

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The US Army Corps of Engineers (USACE), New Orleans District (MVN), tasked the US Army Engineer and Research Development Center (ERDC) with assessing the condition of a grouted scour hole located at the southeast wall of the Old River Low Sill Structure (ORLSS) at the Old River Control Complex (ORCC) using noninvasive techniques, such as geophysical surveys and physical models. This special report (SR) combines a scientific literature synthesis of previous research with further geologic interpretation as a first step in the overall task assigned by MVN. The results discussed in this SR will be used to inform the interpretation of geophysical surveys, construction of physical models, and input for the slope stability analyses.
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Iaryczower, Matias, Pablo Spiller, and Mariano Tommasi. Judicial Lobbying: The Politics of Labor Law Constitutional Interpretation. Cambridge, MA: National Bureau of Economic Research, May 2005. http://dx.doi.org/10.3386/w11317.

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Andersen, Torben, and Oleg Bondarenko. Construction and Interpretation of Model-Free Implied Volatility. Cambridge, MA: National Bureau of Economic Research, September 2007. http://dx.doi.org/10.3386/w13449.

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Cook, Steven. Understanding the construction and interpretation of forecast evaluation statistics using computer-based tutorial exercises. Bristol, UK: The Economics Network, October 2006. http://dx.doi.org/10.53593/n143a.

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Lohne, Arild, Arne Stavland, Siv Marie Åsen, Olav Aursjø, and Aksel Hiorth. Recommended polymer workflow: Interpretation and parameter identification. University of Stavanger, November 2021. http://dx.doi.org/10.31265/usps.202.

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Injecting a polymer solution into a porous medium significantly increases the modeling complexity, compared to model a polymer bulk solution. Even if the polymer solution is injected at a constant rate into the porous medium, the polymers experience different flow regimes in each pore and pore throat. The main challenge is to assign a macroscopic porous media “viscosity” to the fluid which can be used in Darcy law to get the correct relationship between the injection rate and pressure drop. One can achieve this by simply tabulating experimental results (e.g., injection rate vs pressure drop). The challenge with the tabulated approach is that it requires a huge experimental database to tabulate all kind of possible situations that might occur in a reservoir (e.g., changing temperature, salinity, flooding history, permeability, porosity, wettability etc.). The approach presented in this report is to model the mechanisms and describe them in terms of mathematical models. The mathematical model contains a limited number of parameters that needs to be determined experimentally. Once these parameters are determined, there is in principle no need to perform additional experiments.
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Raju, Nivedita, and Laura Bruun. Integrating Gender Perspectives into International Humanitarian Law. Stockholm International Peace Research Institute, August 2023. http://dx.doi.org/10.55163/qilu7567.

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International humanitarian law (IHL) aims to limit the impacts of armed conflict through rules and protections. However, while IHL seemingly accords protection to ‘all persons’, it may fail to do so, especially on the basis of gender. In turn, failure to include gender perspectives in IHL can result in inaccurate assessments of civilian harm. This paper explores the missing gender perspectives in IHL and proposes that they be integrated with intersectional considerations. The paper first examines inherent gender bias in the wording of certain IHL rules, highlighting several issues including gender essentialism, limited distinction between sex and gender, and the need to overcome a binary approach to gender to ensure adequate protections for the LGBTQIA+ community. The paper also examines key rules of IHL which are particularly sensitive to bias in interpretation and application, including certain rules on weapons, the rules guiding the conduct of hostilities, and obligations to provide legal advice and legal training to the armed forces. Finally, the paper concludes with action points to more effectively integrate intersectional gender perspectives into IHL.
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Kriegel, Francesco. Learning General Concept Inclusions in Probabilistic Description Logics. Technische Universität Dresden, 2015. http://dx.doi.org/10.25368/2022.220.

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Probabilistic interpretations consist of a set of interpretations with a shared domain and a measure assigning a probability to each interpretation. Such structures can be obtained as results of repeated experiments, e.g., in biology, psychology, medicine, etc. A translation between probabilistic and crisp description logics is introduced and then utilised to reduce the construction of a base of general concept inclusions of a probabilistic interpretation to the crisp case for which a method for the axiomatisation of a base of GCIs is well-known.
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Rodríguez Piedrahita, Adrián F. International Arbitration Claims against Domestic Tax Measures Deemed Expropriatory or Unfair and the Inequitable. Inter-American Development Bank, February 2006. http://dx.doi.org/10.18235/0008623.

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Preliminary statements about the role of FTAs and the importance of understanding the potential consequences of adopting tax measures deemed expropriatory or unfair and inequitable. Overview of CAFTA-DR¿s Framework on Indirect Expropriation. Introduces the concepts of investment, the obligation not to expropriate, and dispute resolution alternatives available. Tax Measures Equating to Indirect Expropriation. Discusses the role of international law in the interpretation and application of treaty rules, particularly the obligations not to expropriate and to afford the investor fair and equitable treatment, approaching them from the perspective of domestic tax measures. Domestic Tax Disputes Rising to the Level of Investment Arbitration Disputes. Through a comparative analysis of a recent case it elaborates on the investor¿s room to characterize a domestic tax dispute as an investment dispute seeking relief under treaty provisions from an international arbitration panel.
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Flandreau, Marc. Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873. Institute for New Economic Thinking Working Paper Series, June 2022. http://dx.doi.org/10.36687/inetwp186.

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Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in debt contracts which, literally, promise creditors they will be dealt with equitably. Such verdicts have given individual creditors the right to interfere with payments to others, in situation where the sovereign had failed to make proportional payments. Contract originalists argue that this interpretation of pari passu clauses has no historical foundation. Historically, they claim, pari passu clauses never granted individual creditors a unilateral right to block payments to other bondholders assenting to a government debt restructuring proposal. This article shows this claim is incorrect. Drawing on novel archival research, it argues that pari passu clauses find one potent historical origin in the operation of a now forgotten sovereign bankruptcy tribunal, the London stock exchange. Under the law of the stock exchange, departure from ratable payments did create a unilateral right for individual creditors to interfere with sovereign debt discharges. In fact, ratable distributions provided the touchstone for the stock exchange sanctioned sovereign debt discharge system. What is more, sophisticated contract drafters availed themselves of the logic. The result was a weaponization of pari passu clauses, and their inscription into sovereign debt covenants in the 19th century. The article concludes that the modern debate on the role of clauses in sovereign debt contracts cannot be held without thorough reconsideration of the history of sovereign bankruptcy.
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Kim, Hyeyoung, Jihyun Lee, and Gerardo Reyes-Tagle. Standardized PPP Contract in Korea and its Implications for Latin America and the Caribbean. Inter-American Development Bank, November 2021. http://dx.doi.org/10.18235/0003708.

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The standardization of PPP contracts in Korea has played a key role in establishing PPP institutional frameworks in the civil law system in which there must be legal and institutional safeguards for the long-term PPP contracts. The reliability of standardized contracts is secured due to the fact that the standardized PPP contract has been prepared by the statutory PPP agency under the approval of the Ministry of Economy and Finance, an influential ministry within the government. The standardization of PPP contracts has been of great utility for both the competent authorities and private partners. The standardized contract has streamlined negotiations. The private partner was able to trust in the major risk allocation declared through the standardized contract in handling land acquisition, construction completion, operation and demand, and termination. We found out through our survey that there are similarities between Korea and LAC countries in that most LAC countries have adopted the civil law system and the countries have developed similar payment types for PPP and risk allocation principles. The experience and lessons on standardized PPP contract in Korea can be of great utility to LAC countries.
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