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1
Anderssen, Diana. "Indigenous Australia and the pre-legal society in HLA Hart’s The Concept of Law". Journal of Legal Philosophy 48, n. 1 (31 maggio 2023): 1–37. http://dx.doi.org/10.4337/jlp.2023.01.01.
Testo completoAbstract (sommario):
The continuing existence and operation of the traditional law of Aboriginal and Torres Strait Islander peoples has – relatively recently – been explicitly acknowledged in Australian law. In emerging case law on the subject, the High Court of Australia has confirmed the common law recognition of the survival of Indigenous Australian law. However, in determining what it is that is recognized by the common law – in interpreting Indigenous Australian ‘traditional laws and customs’ – the High Court has disregarded the knowledge reposed in those with authority or expertise in Indigenous Australian law, relying instead upon concepts and assumptions from the jurisprudence of English legal philosopher, HLA Hart. The influence of Hart’s theory in the Australian High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’ is problematic, because it contains an obvious pre-legal–legal dualism reminiscent of the ‘state of nature’ – ‘civil society’ mechanism that was instrumental in the application of terra nullius to Australia. At the heart of The Concept of Law lies the notion of progression from a ‘primitive community’ with only primary rules, to an advanced legal system with a combination of both primary and secondary rules. In this article, I investigate how Indigenous Australians are positioned in relation to Hart’s pre-legal–legal dualism. I examine the ‘primitive’, pre-legal society in The Concept of Law, and its counterpart, the advanced legal system, to analyze the position of Indigenous Australian societies and law in Hart’s scheme. Finally, I analyze the construction of the dualism and consider its impact on the High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’.
2
Fishman, Paulina. "Statutory Misinterpretation: Rash Holding in Brash Holdings". Federal Law Review 45, n. 2 (giugno 2017): 199–221. http://dx.doi.org/10.1177/0067205x1704500203.
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The modern approach to statutory construction guides the judiciary, the legal profession, litigants, and academics in interpreting the myriad legislative provisions in Australian law. Yet what if critical sections have been construed in ways that are irreconcilable with the basic rules of modern statutory interpretation? One of the most important commercial statutes in the country is the Corporations Act 2001 (Cth). This article exposes one instance of misinterpretation in respect of that statute, contained in a decision of a unanimous Full Court of the Supreme Court of Victoria, and makes proposals for resolving such quandaries.
3
Choi, Joonseok. "Historiography of Interpretations of Television Format Copyright: A Political Economic Perspective". SAGE Open 13, n. 1 (gennaio 2023): 215824402311583. http://dx.doi.org/10.1177/21582440231158329.
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Television formats (e.g., The Masked Singer) have been traded for 20 years without firm legal protection. This paper performs a political economic analysis of this uncertainty in the legal protection of formats by examining television format copyright infringement disputes in the United States, the Netherlands, Australia, and Brazil in the early 2000s. The cases show two dimensions of format copyright: the formation of the authorship of television formats and the construction of infringement. By examining the two dimensions of the cases, this paper demonstrates that the present state of television format copyright was an outcome of an ideological process that was enacted by the interaction between a territorial logic of law and a transnational logic of capital, expressed through actors such as multinational corporations, domestic corporations, and legal institutions.
4
Boiko, I. V. "Novak Djokovic's case: analysis of some principles of administrative procedure". Analytical and Comparative Jurisprudence, n. 4 (28 aprile 2022): 128–33. http://dx.doi.org/10.24144/2788-6018.2021.04.22.
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The article analyzes in detail the content of some principles of administrative procedure on the example of the well-known case of revoking the Minister of Migration, Citizenship, Migrant Services and Multicultural Affairs of Australia visa issued to Serbian tennis player Novak Djokovic. Emphasis is placed on the principle of protection of trust (legitimate interest) of the person to maintain the administrative act, according to which a person can count on the fact that the action taken against him will not be arbitrarily terminated, and therefore the law must clearly define the conditions which the administrative body may revoke the administrative act. It is determined that the power to revoke an administrative act is discretionary, which is enshrined in law through the legal construction of "may", and therefore, its application should be in accordance with the principle of legality in compliance with the following requirements: law; implementation within the limits and in the manner provided by the Constitution of Ukraine and the law; aimed at achieving the purpose for which the discretionary power was granted; impossibility to deviate from previous decisions made by the same administrative body in the same or similar cases, except in justified cases. The content of public interest as one of the grounds for revocation of an administrative act is studied, the interpretation of public interest in the Ukrainian legal doctrine is given. The importance of substantiating an administrative act as a guarantee of proper exercise of discretion in revoking an administrative act on the grounds of protection of public interest, which will allow a person to get acquainted with the motives of the administrative body in adopting a negative administrative act the person of such a decision.
5
Ignatieva, Maria, Diana Dushkova, Daniel Jan Martin, Fahimeh Mofrad, Katherine Stewart e Michael Hughes. "From One to Many Natures: Integrating Divergent Urban Nature Visions to Support Nature-Based Solutions in Australia and Europe". Sustainability 15, n. 5 (6 marzo 2023): 4640. http://dx.doi.org/10.3390/su15054640.
Testo completoAbstract (sommario):
Urban nature and ways of protecting, designing and even mimicking natural processes are some of the most popular themes inspiring humanities and natural science studies in different disciplines around the globe. Urban nature, green infrastructure and nature-based solutions are three intertwined concepts. This paper will highlight some of the many visions for urban nature (e.g., four urban natures: native, cultivated, designed/horticultural and spontaneous natures) and interpretations of nature-based solutions. While there are some similarities in the interpretation of urban natures by different disciplines, some significant differences exist. This paper analyses and synthesises knowledge from divergent theoretical concepts of urban natures in Europe and Australia, and the associated ecological concepts of novel and designed ecosystems. The complexity of urban natures and native landscapes has fostered the development of several typologies that often lead to misunderstanding between discipline areas and difficulties with practical implementation, such as in urban planning or landscape design. We argue that differences in interpreting the scope of urban nature are often underlined by the specific socio-political, historical, cultural and ecological contexts of a country or region (e.g., Australia and Europe). By applying an interdisciplinary approach, we explore the concept of urban natures by analysing and synthesising links between different disciplines. A transdisciplinary perspective is an important premise for collaboration between ecological sciences and landscape architecture in many restoration projects, or when social and ecological sciences jointly address societal challenges with the help of nature-based solutions co-created using participatory approaches. The latter highlights the role of transdisciplinary research to link practitioners, policymakers and scientists, helping to engage with citizens and inform design. The analysis of several examples from Europe and Australia allowed us to depict different approaches to existing urban natures and methods of their design, enhancement and conservation. These examples highlight that different urban natures are sources of inspiration for nature-based solutions that can be successfully implemented in contemporary landscape and planning practice.
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Hopkins, John, e Anne Bardoel. "The Future Is Hybrid: How Organisations Are Designing and Supporting Sustainable Hybrid Work Models in Post-Pandemic Australia". Sustainability 15, n. 4 (8 febbraio 2023): 3086. http://dx.doi.org/10.3390/su15043086.
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Hybrid work models have rapidly become the most common work arrangement for many knowledge workers, affording them with improved work–life balance and greater levels of job satisfaction, but little research has been conducted to identify the different hybrid work models that are emerging, and the appropriate supports needed to drive sustainable improvement. This paper utilises primary data from a series of semi-structured interviews with senior Australian human resource (HR) managers, to identify a range of different approaches to hybrid work design, applying the Conservation of Resources (COR) theory. Analyses of these findings have resulted in five key contributions: one being the identification of the most popular current hybrid work arrangements; the second being the key supporting pillars that are required to support successful hybrid work; the third identifies the infrastructure required to support these pillars; the fourth being a theoretic contribution that extends the existing academic literature in this field; and with the final contribution being an interpretation of the findings via COR theory. These contributions have significant implications for both scholars and human resource professionals, as organisations and academics strive to learn from the recent period of turbulence and develop sustainable improvements in performance and working conditions (SDG8), with improved support for employee health and wellbeing (SDG3), and gender equality (SDG5).
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Fu, Guobin, Stephanie R. Clark, Dennis Gonzalez, Rodrigo Rojas e Sreekanth Janardhanan. "Spatial and Temporal Patterns of Groundwater Levels: A Case Study of Alluvial Aquifers in the Murray–Darling Basin, Australia". Sustainability 15, n. 23 (24 novembre 2023): 16295. http://dx.doi.org/10.3390/su152316295.
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Understanding the temporal patterns in groundwater levels and their spatial distributions is essential for quantifying the natural and anthropogenic impacts on groundwater resources for better management and planning decisions. The two most popular clustering analysis methods in the literature, hierarchical clustering analysis and self-organizing maps, were used in this study to investigate the temporal patterns of groundwater levels from a dataset with 910 observation bores in the largest river system in Australia. Results showed the following: (1) Six dominant cluster patterns were found that could explain the temporal groundwater trends in the Murray–Darling Basin. Interpretation of each of these patterns indicated how groundwater in each cluster behaved before, during, and after the Millennium Drought. (2) The two methods produced similar results, indicating the robustness of the six dominant patterns that were identified. (3) The Millennium Drought, from 1997 to 2009, had a clear impact on groundwater level temporal variability and trends. An example causal attribution analysis based on the clustering results (using a neural network model to represent groundwater level dynamics) is introduced and will be expanded in future work to identify drivers of temporal and spatial changes in groundwater level for each of the dominant patterns, leading to possibilities for better water resource understanding and management.
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Li, Xiaoning, Hongwei Zhao, Chong Sun, Xiaofeng Li, Xiaolin Li, Yang Zhao e Xuezhi Wang. "Learning the Indicative Patterns of Simulated Force Changes in Soil Moisture by BP Neural Networks and Finding Differences with SMAP Observations". Sustainability 14, n. 18 (9 settembre 2022): 11310. http://dx.doi.org/10.3390/su141811310.
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Soil moisture is a vital land surface variable that can influence climate change. Many problems in soil moisture data require the identification of signals obscured by anthropogenic external forces (including greenhouse gases such as CO2 and aerosol radiative force), natural forces (such as volcanic and solar activity), and internal variability (such as ENSO, NAO, and PDO). Although artificial neural networks (ANNs) have been widely studied in making accurate predictions, the studies of interpretation of ANNs in soil moisture are still rare. Hence, the proposed method aims to assist in the study of interpretating soil moisture data. Specifically, first, an ANN model is trained to predict the approximate year of the simulations by identifying the spatial patterns of qualitative changes in soil moisture. After accurately predicting the approximate year, the spatial patterns in the ANN model, acting as “reliable indicators” of the force changes, are the different natures of regional signals. Then, the simulated data and Soil Moisture Active and Passive (SMAP) observations are fed into the trained ANN separately, and the specific differences are observed by the Deep Taylor Decomposition (DTD) visualization tool. By comparing with the standard multiple linear regression method, the results of the ANN model can provide the reliable indicators of change for a specific year, thus providing meaningful information from the ANN model according to the common soil moisture data. The results show that a large correlation exists between eastern Asia and western North America during the 21st century, and the correlation increases with time in Australia. This also reflects the strong force signal due to a combination of anthropogenic and external forces that has played a role in soil moisture over the decades and can clearly discern the differences between model simulations and observed data. This study indicates that the proposed method using ANNs and visualization tools enables relatively accurate predictions and the discovery of unknown patterns within soil moisture data.
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Hill, Kathryn E., Stuart C. Brown, Alice Jones, Damien Fordham e Robert S. Hill. "Modelling Climate Using Leaves of Nothofagus cunninghamii—Overcoming Confounding Factors". Sustainability 15, n. 9 (5 maggio 2023): 7603. http://dx.doi.org/10.3390/su15097603.
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Fossil leaf anatomy has previously been used as a proxy for paleoclimate. However, the exposure of leaves to sun or shade during their growth can lead to morphotype differences that confound the interpretation of fossil leaf anatomy in relation to climate and prevent reliable paleoclimate reconstruction. This work aims to model the differences in leaf anatomy that are due to various climatic drivers and differences attributable to sun or shade positions, using Nothofagus cunninghamii as the model species. Leaves from the sun and shade parts of three trees have been sampled from each of 11 sites in Victoria and Tasmania, Australia. The gross morphological and cuticular features have been scored and modelled with climate data from the sites. Random forest models can accurately predict Nothofagus cunninghamii contemporary climatic conditions of the spring temperature and summer rainfall based on leaf anatomical measurements. Leaf area, stomatal density and epidermal cell density are the most accurate predictors of whether a leaf grew in the sun or shade. Leaf area is also the strongest predictor of the maximum and minimum spring temperatures and rainfall. The models have implications for the use of fossilised leaves in paleoclimate reconstruction. The models we have built can be used to effectively predict whether a fossil leaf was from a sun or shade position on the tree and thus enable more reliable inference of paleoclimate by removing the confounding issues of variable leaf anatomy due to sun exposure during growth. Finally, these models could conceivably be used to make predictions of past paleoclimatic conditions provided suitable training and validation data on climatic conditions are available.
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Davies, Paul S. "INTERPRETATION AND RECTIFICATION IN AUSTRALIA". Cambridge Law Journal 76, n. 3 (novembre 2017): 483–86. http://dx.doi.org/10.1017/s0008197317000733.
Testo completoAbstract (sommario):
Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).
11
Grey, Janet. "Book Review - Understanding Construction Law". Construction Economics and Building 16, n. 4 (8 dicembre 2016): 99–100. http://dx.doi.org/10.5130/ajceb.v16i4.5289.
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Robertson, Andrew. "Purposive contractual interpretation". Legal Studies 39, n. 2 (28 gennaio 2019): 230–46. http://dx.doi.org/10.1017/lst.2018.33.
Testo completoAbstract (sommario):
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, n. 3 (1 luglio 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, n. 4 (1 ottobre 2006): 524–26. http://dx.doi.org/10.1215/00318108-2006-013.
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Bick, Paul. "Statutory reform of aspects of construction law in Australia". Construction Management and Economics 15, n. 6 (novembre 1997): 549–58. http://dx.doi.org/10.1080/014461997372755.
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Simpson, Amelia. "Executive detention as a site for creative constitutional interpretation in Australia". Commonwealth Law Bulletin 45, n. 2 (3 aprile 2019): 296–320. http://dx.doi.org/10.1080/03050718.2020.1725584.
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Harrison, Nicholas J. "Construction or deconstruction in the interpretation of statutes?" Law Teacher 23, n. 2 (gennaio 1989): 162–72. http://dx.doi.org/10.1080/03069400.1989.9992734.
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Weiling, Luo, e Liang Deng. "Legal Construction of Algorithm Interpretation". NAVEIÑ REET: Nordic Journal of Law and Social Research, n. 9 (17 dicembre 2019): 171–86. http://dx.doi.org/10.7146/nnjlsr.v1i9.122157.
Testo completoAbstract (sommario):
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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Tetley, William. "Canadian Interpretation and Construction of Maritime Conventions". Revue générale de droit 22, n. 1 (21 marzo 2019): 109–28. http://dx.doi.org/10.7202/1058170ar.
Testo completoAbstract (sommario):
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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Virgo, Graham. "Contract construction and risk allocation". Cambridge Law Journal 58, n. 2 (luglio 1999): 265–93. http://dx.doi.org/10.1017/s0008197399242018.
Testo completoAbstract (sommario):
WHEN a judge needs to construe a contract, to what extent can he or she have regard to factors which are external to the agreement rather than adopt a literal interpretation? This was the crucial question for the Court of Appeal to answer in Bromarin A.B. and others v. I.M.D. Investments Ltd. [1999] S.T.C. 301.
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Davies, David, e Julie Van Camp. "Robert Stecker, Interpretation and Construction: Art, Speech, and the Law". Journal of Aesthetics and Art Criticism 62, n. 3 (29 giugno 2004): 291–96. http://dx.doi.org/10.1111/j.0021-8529.2004.00161.x.
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McCrystal, Shae. "The Right to Strike and the "Deadweight" of the Common Law". Victoria University of Wellington Law Review 50, n. 2 (2 settembre 2019): 281. http://dx.doi.org/10.26686/vuwlr.v50i2.5746.
Testo completoAbstract (sommario):
The hostility of the common law in respect of collective action by workers in the form of strikes is notorious. To provide workers with a right to strike, legislative intervention is necessary. In New Zealand and Australia, legislative enactment of the right to strike has taken the form of the "immunity approach" whereby strike action which meets the prerequisites for protection under the relevant statute receives immunity from common law action, while that which does not remains subject to potential liability at common law.This article analyses the adoption of the immunity approach in Australia under the relevant federal industrial relations statutes that have operated since 1993. Commencing with discussion of the hostility of the common law to collective action and the principle of legality, a presumption of statutory interpretation that presumes Parliament would not have abrogated common law rights without an express intention to do so, this article examines how the scope of protected industrial action in Australia has been consistently narrowed through hostile judicial interpretation. Such interpretation has been grounded in an approach which narrows the extent that common law rights are restricted by the statute and construes the statutory enactment of a right to strike as conferring a "privilege" on those industrial actors who remain "worthy" enough to access it.Considering the progressively negative impact on the right to strike of this approach, the argument in this article echoes calls made by Gordon Anderson in 1987 to reject the continued role of the common law in the regulation of industrial action. It is argued that the law of strikes in Australia should be codified. Such an approach should assist in downplaying judicial tendencies to interpret the right to strike as a privilege rather than as a necessary component of a functioning system of voluntary collective bargaining.
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Tietz, Jonathan. "The "Broadest Reasonable Interpretation" and Applying Issue Preclusion to Administrative Patent Claim Construction". Michigan Law Review, n. 117.2 (2018): 349. http://dx.doi.org/10.36644/mlr.117.2.broadest.
Testo completoAbstract (sommario):
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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Selimi, Behar, e Murat Jashari. "Constitutional Interpretation or Construction of the Government-Formation Process in Kosovo". Zbornik Pravnog fakulteta u Zagrebu 71, n. 6 (1 febbraio 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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Sheehy, Jeffrey. "Law and Diplomacy, Sovereignty and Consent". Asia-Pacific Journal of Ocean Law and Policy 6, n. 1 (24 giugno 2021): 5–39. http://dx.doi.org/10.1163/24519391-06010002.
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Abstract This article reflects on the first-ever compulsory conciliation under the law of the sea and its significance to international law and diplomacy. The conditions for ending the dispute between Timor-Leste and Australia were only created through a genuine combination of both law and diplomacy as facilitated by an expert commission. Through successive milestones, the United Nations Convention on the Law of the Sea (unclos) conciliation framework and the conciliation commission itself, was able to successfully shift the reluctant State (Australia) from resistance, to engagement, and ultimately, to resolution. The conciliation also showed how Timor-Leste’s sovereign interpretation of maritime rights under international law was a compelling argument in the context of historical factors and its self-determination. Ultimately, a treaty was agreed through the conciliation despite competing views of international law’s relationship to diplomacy and indeed on maritime boundary delimitation methodology itself. A reflection on this triumph of the liberal international order is beneficial for both Timor-Leste and Australia as they seek further cooperation under the new treaty, and for other States facing entrenched disputes as well.
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Iseminger, Gary. "Interpretation and Construction: Art, Speech, and the Law, by Robert Stecker". European Journal of Philosophy 15, n. 1 (aprile 2007): 114–18. http://dx.doi.org/10.1111/j.1468-0378.2007.00244_2.x.
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Zvieriev, Ie O. "Teoh’s case on legitimate expectations in interpretation of international treaties. Lessons for Ukraine". INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, n. 12 (2021): 287–92. http://dx.doi.org/10.33663/2524-017x-2021-12-48.
Testo completoAbstract (sommario):
The article provides a detailed overview of a famous Teoh’s case decided by High Court of Australia in 1995, focusing mainly on the issue of legal interpretation of legitimate expectations arising from ratified international treaties not implemented into the domestic legal system. The abovementioned case has been considered a novel approach of the court acting in dualist state. This approach was, however not upheld in further jurisprudence of the Australian High Court namely due to quite harsh response of administrative bodies and subsequent legislation which has further been adopted to specifically address this issue by Australian parliament. This does not, however deny the case’s significance in terms of scholarly attention to interpretation issues it has raised. Ukraine can view this case as an example as it does have its own problems with the status and interpretation of international treaties in domestic legal system. Unlike common law countries adhering to dualist approach to international law reception, Ukrainian Constitution recognizes ratified international treaties to be part of domestic legislation automatically, however it is silent on the status of these treaties in Ukrainian domestic legislation which at times causes certain problems with their interpretation and implementation. The article makes a try to solve the abovementioned issues by referring future interpreters to an alternative approach of international treaties’ interpretation to Article 8 of the Constitution of Ukraine dealing with the rule of law principle. It is the author’s position stipulated in the article that applying Article 8 in terms of the interpretation of international treaties in Ukrainian domestic law enriches the argumentation and shall be viewed as primary source of application to the issue. Keywords: international treaties, interpretation, legitimate expectations, priority of international treaties, Australia, migration law, children’s rights.
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Spaić, Bojan. "Interpretation and construction: An addendum to the discussion about creation and application of law". Pravni zapisi 12, n. 1 (2021): 29–61. http://dx.doi.org/10.5937/pravzap0-31882.
Testo completoAbstract (sommario):
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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Macfarlane, Emmett. "Judicial amendment of the constitution". International Journal of Constitutional Law 19, n. 5 (1 dicembre 2021): 1894–924. http://dx.doi.org/10.1093/icon/moab127.
Testo completoAbstract (sommario):
Abstract This article examines the conceptual distinction between judicial interpretation and judicial amendment. It argues that there are contexts where courts can depart so far from the constitutional text, the intent or purposes of relevant constitutional provisions, and the broad consensus within the political community about what the constitution does and does not contemplate, that they engage in effective amendment of the constitution. In these instances, judicial reasoning acts in defiance of, or with disregard for, codified constitutional amending procedures. The distinction between judicial amendment and judicial interpretation is not a clear or easy one. An analysis of its invocation in the context of the United States, Canada, and Australia finds that the concept of judicial amendment is often employed in a way that threatens to merely replicate extant debates over competing theories of constitutional interpretation. At a conceptual level then, the distinction between judicial amendment and interpretation requires a high threshold. The article identifies a set of factors to establish when courts are no longer engaged in mere interpretation but are fundamentally altering the constitution itself. It then applies those factors to an analysis of three cases of judicial amendment in Canada and India.
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Kee, Christopher, e Stephen Barrett-White. "Enforcement of Arbitral Awards where the Seat of the Arbitration is Australia — How the Eisenwerk Decision Might Still be a Sleeping Assassin". Journal of International Arbitration 24, Issue 5 (1 ottobre 2007): 515–28. http://dx.doi.org/10.54648/joia2007038.
Testo completoAbstract (sommario):
This article examines the enforcement of foreign awards in Australia. It identifies and explains the difference between a “foreign award” and “international arbitration award,” observing it is a somewhat surprising but potentially significant distinction. The article then moves to consider the consequences of the distinction with particular reference to the Australian arbitral landscape. Australia has dual arbitration regimes operating at the state and federal level. Particular attention is given to the still controversial Queensland Supreme Court of Appeal decision in Australian Granites Ltd. v. Eisenwerk Hensel Bayreyth Dipl-Ing Burkhardt GmbH. The article concludes by promoting a line of interpretation that will effectively allow subsequent courts to avoid the potentially disastrous effects the Eisenwerk decision may yet still wreak.
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Joo, Dong-Jin. "Analysis of the Supreme Court Administrative Law Cases in 2023: Focusing on Construction Law Cases". Kyung Hee Law Journal 59, n. 2 (30 giugno 2024): 85–116. http://dx.doi.org/10.15539/khlj.59.2.2.
Testo completoAbstract (sommario):
The Supreme Court sentenced a number of meaningful administrative law rulings in 2023. Many of them are based on individual public law regulations and specific problems arising from them. In this article, several rulings related to the ‘Public Construction Law’ were selected and examined. ① The Supreme Court’s sentence of 2022DU31143 on September 21, 2023 confirms once again that it is necessary to obtain ’the legal status of being allowed to development’for construction in addition to securing a source of use of land. It is meaningful in that it declared that the above requirements are also necessary for notification of building construction. Considering the judgment, it has been more clearly confirmed that the notification of building construction is bound to be regarded as a notification requiring acceptance, and the need for a legislative review of the overall building construction notification system emerges. ② The Supreme Court’s sentence of February 2, 2023, 2020DU43722 is a question of whether the guidelines for the operation of development permission, which are orders of the Ministry of Land, Infrastructure and Transport prepared based on Article 56 (4) of the Enforcement Decree of the National Land Planning Act, are externally binding legal orders. Aside from the evaluation of the conclusions of the judgment, the judgment provides various issues regarding the handling of administrative rules and normative control. ③ The Supreme Court’s ruling on February 23, 2023, 2020Du36724 is meaningful in that it revealed the relationship between members and landowners in housing redevelopment projects in accordance with the Urban Improvement Act, and that the right to receive a house in housing redevelopment projects should be based on the status of members. ④ The Supreme Court’s ruling on October 18, 2023, 2023DU42584 dealt directly with whether indemnity for possession of state property can be imposed on a person who is in a legal position to justify the possession and use of state property but does not get a use permit or sign loan contract. Although we can accept the conclusion of the judgment, it raises the question of the court’s interpretation of the law and its limitations. The above two judgments are examples of how the purpose of a public law can be considered in the interpretation and application of individual public law regulations, and provide implications regarding the legal interpretation method of administrative law.
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Carpenter, Chris. "Technical Solution Improves Safety, Efficiency of Well Construction Offshore Australia". Journal of Petroleum Technology 73, n. 10 (1 ottobre 2021): 46–48. http://dx.doi.org/10.2118/1021-0046-jpt.
Testo completoAbstract (sommario):
This article, written by JPT Technology Editor Chris Carpenter, contains highlights of paper SPE 202353, “Drilling-Performance and Risk-Management Optimization Offshore Australia: Improving Overall Safety and Efficiency of the Well-Construction Process,” by Chandrasekhar Kirthi Singam, Farshid Hafezi, and Clyde Rebello, Schlumberger, et al., prepared for the 2020 SPE Asia Pacific Oil and Gas Conference and Exhibition, originally scheduled to be held in Perth, Australia, 20–22 October. The paper has not been peer reviewed. The emergence of real-time well construction performance-monitoring centers has improved the service delivery for operators across numerous offshore oil fields in Australia significantly. The complete paper details new technologies and work flows implemented for three Australian offshore wells, with the primary objective of improving drilling efficiency while managing associated risks. Additional objectives included optimizing daily operational performance, thus delivering time savings for the operator and highlighting areas of possible improvements. Introduction The paper describes a successful drilling campaign in a challenging field in the Timor Sea. It describes how data analysis, risk evaluation, and real-time performance monitoring can be influential in saving rig time and project success. As part of this project, a major operator in Australia decided to perform an infill drilling campaign involving three high-angle directional wells (J type) in a saturated, complex field. The campaign design stage was initiated in 2017 with a main objective of delivering the project within authority-for-expenditure (AFE) budget and with planning for all potential challenges. Technical Overview The technical solution (Fig. 1) was deployed using drilling-interpretation software and executed its work flows to achieve the required objectives.
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Piecha, Jacek. "Decyzja o zezwoleniu na lokalizację obiektów budowlanych w pasie drogowym jako źródło prawa do dysponowania nieruchomością na cele budowlane". Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 30 (2020): 189–202. http://dx.doi.org/10.15584/znurprawo.2020.30.12.
Testo completoAbstract (sommario):
The article presents the problem of the interpretation of art. 3 point 11 of the polish Construction Law act. Abovementioned provision statues the definition of the notion of “right to use the real property for construction purposes”. Literal wording of art. 3 point 11 may seemingly indicate that this right may be arised only from private (civil) law’s legal relationships. This paper aims to indicate that such interpretation of the art. 3 point 11 of the Construction Law act is incorrect. The author proves that the administrative act like the permit for building structures localisation in the road lane (statued in the Public Roads Act) may be considered as independent source of the investor’s right to use the real property for construction purposes.
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Murphy, Julian R. "Oceans Apart?: The Rule of Lenity in Australia and the United States". British Journal of American Legal Studies 9, n. 2 (4 agosto 2020): 233–60. http://dx.doi.org/10.2478/bjals-2020-0011.
Testo completoAbstract (sommario):
AbstractOccasionally traced back to Byzantine times, the rule that penal statutes are to be interpreted strictly in favor of the subject, also known as the rule of lenity, now finds expression in common law countries across the world. This Article compares the origins and evolution of the rule in Australia and the United States. The comparison is timely because of the current uncertainty in both jurisdictions about the rule's rationale and scope and because of an emerging global trend towards the “constitutionalization” of common law rules of interpretation. In the course of the analysis, various facets of the rule are discussed, including its common law origins; jurisprudential development; purported constitutional foundations; and modifications by state and federal statutes. Tracing the rule's development in each country reveals significant commonalities, but also important differences, in the respective approaches to the interpretation of criminal statutes. Most importantly, despite similarities in the two countries’ constitutional structures, the rule has assumed constitutional significance in the United States but not in Australia. Identification of this marked difference provides an opportunity to reflect on the separation of powers, and the federal structure, of each country.
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Kludze, A. K. P. "Chieftaincy jurisdication and the muddle of constitutional interpretation in Ghana". Journal of African Law 42, n. 1 (1998): 37–63. http://dx.doi.org/10.1017/s0021855300010482.
Testo completoAbstract (sommario):
The Supreme Court of Ghana, in The Ghana Bar Association v. The Attorney General, has unanimously decided that, even under the 1992 Constitution, High Court and the Court of Appeal have no jurisdiction in chieftaincy matters. Even if this decision itself is correct, it is nevertheless premised on highly questionable legal propositions and dicta which strike at the foundations of several otherwise settled principles and canons of construction.
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Blayden, Lynsey. "Institutional Values in Judicial Review of Administrative Action: Re-Reading Attorney-General (NSW) V Quin". Federal Law Review 49, n. 4 (26 ottobre 2021): 594–619. http://dx.doi.org/10.1177/0067205x211039892.
Testo completoAbstract (sommario):
Owing to its focus on statutory interpretation, judicial review of administrative action in Australia has been perceived to be ‘formalist’, particularly when compared with review in comparable nations such as England. This led Michael Taggart to characterise review in Australia as ‘exceptionalist’. The judgment of Brennan J in Attorney-General (NSW) v Quin, in which Brennan J emphasised the importance of courts remaining away from ‘the merits’ of administrative decision-making while exercising the supervisory jurisdiction has become closely associated with the view that review in Australia is rigid and formalist. In this article, I re-evaluate the judgment of Brennan J and place it in the context of its facts and of its time. This helps to reveal that the approach to judicial review of administrative action set out by Brennan J in Quin should not be seen as formalist. Rather, both Brennan J’s approach and the contemporary ‘statutory approach’ to judicial review can be seen as informed by values connected with what are understood to be the appropriate functions of each institution of government found within the Australian political system.
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M Sakr, Johnny, e Augusto Zimmermann. "Judicial Activism and Constitutional (Mis) Interpretation". University of Queensland Law Journal 40, n. 1 (26 marzo 2021): 119–48. http://dx.doi.org/10.38127/uqlj.v40i1.5643.
Testo completoAbstract (sommario):
In this article, the authors explore the concept of judicial activism and its application in the Australian domestic cases of Australian Capital Television Pty Ltd v Commonwealth and Love v Commonwealth, and in the US case of Obergefell v Hodges. The article highlights the devastating effects of judicial activism on legal interpretation, arguing that such activism compromises the doctrine of separation of powers and affects the realisation of the rule of law, resulting in a method ofinterpretation that incorporates personal biases and political opinion, thus ignoring the original intent of the framers of the Australian Constitution. Moreover, the article highlights that implementing a federal Bill of Rights might further exacerbate these ongoing problems concerning judicial activism in Australia.
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Booton, David. "The construction of patent claims". Legal Studies 40, n. 4 (17 agosto 2020): 651–74. http://dx.doi.org/10.1017/lst.2020.30.
Testo completoAbstract (sommario):
AbstractThis paper highlights two recurring facets of the way UK courts approach the construction of patent claims: the adoption of methods typically applied to the interpretation of contracts and the recognition that immaterial variations not expressly claimed nevertheless fall within the scope of protection. Drawing on the normative implications arising out of Ronald Coase's paper on the problem of social cost, this paper argues that the patent system operates as a substitute for an explicit bargain between economically active entities operating in the market under which a duty is accepted by one party in return for acceptance of a burden of risk by the other. This perspective incorporates both the static costs and the dynamic benefits of the system and accords with the monopoly-profit-incentive theory most commonly advanced in support of the patent system. It is shown how the contemporary approach to claims construction is supported by the object of giving effect to the presumed intentions of the parties to this hypothetical bargain and that this underpins both the implication of terms which go beyond those expressly agreed to by parties to a contract and the construction of patent claims so as to embrace immaterial variations not expressly within their scope.
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Stewart, Charlie. "The Rhetorical Canons of Construction: New Textualism's Rhetoric Problem". Michigan Law Review, n. 116.8 (2018): 1485. http://dx.doi.org/10.36644/mlr.116.8.rhetorical.
Testo completoAbstract (sommario):
New Textualism is ascendant. Elevated to prominence by the late Justice Antonin Scalia and championed by others like Justice Neil Gorsuch, the method of interpretation occupies an increasingly dominant place in American jurisprudence. Yet, this Comment argues the proponents of New Textualism acted unfairly to reach this lofty perch. To reach this conclusion, this Comment develops and applies a framework to evaluate the rhetoric behind New Textualism: the rhetorical canons of construction. Through the rhetorical canons, this Comment demonstrates that proponents of New Textualism advance specious arguments, declare other methods illegitimate hypocritically, refuse to engage with the merits of their opponents’ arguments, and believe their method provides the best plain meaning.
40
Wang, Yinwei. "Localization Construction of Security Token Offering". Transactions on Economics, Business and Management Research 5 (31 marzo 2024): 207–19. http://dx.doi.org/10.62051/ca4aty74.
Testo completoAbstract (sommario):
The Security Token Offering (STO) represents a fusion of traditional securities and blockchain token issuance, categorized into asset-based STO, derivatives-based STO, and payment-based STO, establishing a novel tripartite legal relationship among the issuer, trading platform, and subscriber. This study commences by defining the essence of STOs, delving into the fundamental legal dynamics, and scrutinizing the primary challenges in localizing construction, specifically the limitations of the conventional civil law system and the complexities in establishing a rights bundle paradigm. In accordance with prevailing regulations, it advocates for a localized construction approach, involving an expanded interpretation within the criminal law and civil law systems. The adaptation within the criminal law system involves recognizing the property attributes to prevent classification as illicit tokens or other violations. Meanwhile, the adaptation within the civil law system entails endorsing the legalization of security token trading and validating the legitimacy of entrusted investment and trading activities involving security tokens.
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Waelkens, Johanna. "Belgian Perspective on Rainy Sky S.A. and Others (Appellants) v. Kookmin Bank (Respondent)". European Review of Private Law 21, Issue 5/6 (1 novembre 2013): 1319–57. http://dx.doi.org/10.54648/erpl2013079.
Testo completoAbstract (sommario):
Abstract: In Belgian law, a subjective interpretation of contracts prevails: the common intention of the parties is the vital criterion that governs the construction of agreements. In England the system is more objective, which means the meaning which the document would convey to a reasonable person predominates in matters of contractual interpretation. However, an in-depth analysis of the case Rainy Sky S. A. and others v. Kookmin Bank shows that, in practice, the two systems are more alike than might seem at first sight.
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Sholanke, Oladipo O. "Reflections on Some Judicial Decisions on the Construction of the Nigerian Land Use Act". Journal of African Law 37, n. 1 (1993): 89–96. http://dx.doi.org/10.1017/s0021855300011153.
Testo completoAbstract (sommario):
For this exercise, three of the many new decisions of Nigerian courts on the interpretation of some provisions of the Nigerian Land Use Act have been chosen. Two of the decisions were delivered by the Supreme Court of Nigeria while one was by a Court of Appeal in Nigeria.
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Baade, Hans W. "Time and Meaning: Notes on the Intertemporal Law of Statutory Construction and Constitutional Interpretation". American Journal of Comparative Law 43, n. 3 (1995): 319. http://dx.doi.org/10.2307/840640.
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SAMUELS, ALEC. "The Impact of Article 177 Rulings on English Law: Problems of Construction and Interpretation". Statute Law Review 14, n. 2 (1993): 111–25. http://dx.doi.org/10.1093/slr/14.2.111.
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Brown, Rebecca. "Quarantine Island: Australia’s Health Policy and Its Construction of International Law". Australian Year Book of International Law Online 41, n. 1 (23 ottobre 2023): 299–343. http://dx.doi.org/10.1163/26660229-04101020.
Testo completoAbstract (sommario):
Abstract This article explores the development of Australia’s policy approach towards communicable disease, both domestically and internationally. Drawing on archival records, it considers the methods used by federal and state governments to manage disease in Australia over time, analysing the key beliefs and priorities held by successive governments, and how these reflect Australia’s particular character and history. Against these domestic concerns, the article interrogates Australia’s approach to global health governance, with a particular focus on the state’s contributions to the drafting of major international health instruments on communicable disease. This analysis reveals the idiosyncratic nature of Australia’s health policy and the resulting impact on Australia’s contributions to the international legal system. It shows that Australia’s approach has consistently relied on the creation and preservation of an impermeable national border. This policy reflects an institutionalised belief, held continually since the early colonial period, that disease must be fully eradicated, and that this is best effected through taking advantage of the country’s geographic isolation. Domestically, this conception of disease control results in the adoption of strict quarantine requirements, immigration restrictions and broad discretionary powers regarding the entry of people and goods, while in the international context, Australia supports norms that facilitate its reification of its border. Accordingly, the article contextualises Australia’s health policy across four time periods of global health governance: the first sanitary conferences of the 19th and early-20th centuries, the post-World War II creation of the World Health Organization, the International Health Regulations 2005 revision project, and those Regulations’ operation before and during the COVID-19 pandemic. This article’s findings reveal the intrinsic connection between the unique domestic concerns of states and their approaches to international negotiations, which stymies the ability to generate effective cooperation globally. It clarifies this relationship and invites reflection on the resulting obstacles to international law’s progressive development.
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Richardson, Lorna. "Correction by Construction: Dealing with Drafting Errors by Way of Interpretation". Edinburgh Law Review 27, n. 1 (gennaio 2023): 90–94. http://dx.doi.org/10.3366/elr.2023.0813.
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Du Plessis, Izelle. "Double Taxation Treaty Interpretation: Lessons from a Case Down Under". Potchefstroom Electronic Law Journal 23 (8 dicembre 2020): 1–22. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6840.
Testo completoAbstract (sommario):
In the Australian case of Bywater Investments Ltd v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation (the Bywater case) the Australian High Court dealt with the question of whether certain companies were resident in Australia for income tax purposes. The majority answered this question by applying Australian domestic law. In a separate but concurring judgement, Gordon J also discussed the interpretation and application of the relevant double taxation treaty. This contribution analyses Gordon J's judgment to extract guidance from it for the South African courts on their interpretation of double taxation treaties.
It is submitted that South African courts should also follow the "first step" proposed by Gordon J when interpreting double taxation treaties. South African courts may find Gordon J's judgment "instructive" when dealing with the interpretation of the "place of effective management" concept in both domestic law and double taxation treaties. In his judgment Gordon J favours the goal of common interpretation and it is argued that South African courts should follow this example and explicitly support this notion in applicable cases. From Gordon J's judgment and the judgement in Krok v Commissioner, South African Revenue Service, it is deduced that the positions in South Africa and Australia are similar in that the courts in both countries will be bound by the principles of Articles 31 and 32 of the Vienna Convention on the Law of Treaties when interpreting double taxation treaties. Moreover, Gordon J's judgment indicates that the domestic principles of interpretation should not be used in the interpretation of double taxation treaties. Recent South African cases have suggested that there are no differences between the South African domestic principles of interpretation and those contained in Articles 31 and 32 of the Vienna Convention on the Law of Treaties. This contribution submits that there are many similarities between the two, but that the rules are not exactly the same. South African courts should be aware of these differences and rather apply the rules of public international law, including those contained in the Vienna Convention on the Law of Treaties, when they interpret double taxation treaties. Gordon J specifically identifies the category of the Vienna Convention on the Law of Treaties in which he places the Commentary on the OECD Model Tax Convention, to rely on it for his interpretation of the relevant double taxation treaty. South African courts may well learn from this approach, to create more certainty in the process of interpreting a double taxation treaty.
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Atkinson, Rowland, Elizabeth Taylor e Maggie Walter. "Burying Indigeneity: The Spatial Construction of Reality and Aboriginal Australia". Social & Legal Studies 19, n. 3 (31 agosto 2010): 311–30. http://dx.doi.org/10.1177/0964663909345449.
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Xie, Siyuan. "Research on the System of Interpretation of the Basic Law of Hong Kong". Lecture Notes in Education Psychology and Public Media 32, n. 1 (20 dicembre 2023): 33–37. http://dx.doi.org/10.54254/2753-7048/32/20230517.
Testo completoAbstract (sommario):
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (PRC) is implemented within the framework of the law rule, which is closely related to the Basic Law interpretation mechanism. It is stipulated in the Basic Law that the Standing Committee of the National People's Congress (NPC) has the authority of interpretation, and the Standing Committee of the NPC authorizes Hong Kong (HK) courts to have the power of interpretation when trying cases. Under the "One Country, Two Systems" policy, the common law goes on to be adopted in HK according to the Basic Law provisions. Therefore, that Law combines the background of the socialist law mechanism with Chinese features as well as the common law mechanism. The interaction and coordination between the two is an important issue in its implementation. This paper provides an overview of HK Basic Law interpretation system, and provides an overall review of the five interpretations of the National People's Congress Standing Committee since the construction of HK Special Administrative Region (HKSAR). It analyzes differences in legal interpretation rules between the two regions, and explores the connection and coordination between the two interpretation mechanisms of the NPC Standing Committee and HK courts.
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Markert, Lars, e Raeesa Rawal. "Emergency Arbitration in Investment and Construction Disputes: An Uneasy Fit?" Journal of International Arbitration 37, Issue 1 (1 marzo 2020): 131–42. http://dx.doi.org/10.54648/joia2020005.
Testo completoAbstract (sommario):
This article examines the compatibility of emergency arbitration with (1) investment treaty disputes and (2) construction disputes, respectively. The article begins by giving a brief synopsis of the evolution of emergency arbitration, following which its suitability to investment treaty disputes and construction disputes is considered. The authors provide critical analysis of the compatibility of the emergency arbitration procedure with pre-arbitral requirements in both of these categories of disputes. The authors conclude that the practices surrounding emergency arbitration need to be developed further, and specifically, the issues surrounding enforcement need to be resolved. Emergency Arbitration, Construction Arbitration, Investment Treaty Arbitration, Enforceability, Third Parties, Dynamic Interpretation of Consent, Cooling-off Clauses, Multi- Tiered Dispute Resolution Clauses