Interpreting Legal Transfers
Interpreting Legal Transfers

Author: Penelope Nicholson

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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Over recent years, the global diffusion of legal and regulatory regimes has dramatically increased. Much of the increase is the direct result of initiatives funded in the name of 'law and development'. The world over, domestic legislation and regulatory reforms borrow heavily from international and foreign legal systems, and legal transfers have become the main inspiration for change. And yet after decades (if not centuries, if the colonial projects are included) of law reform projects, there is mixed evidence that legal transfers induce recipients to change in the ways envisaged by legal donors. Much has been written about the failures of law reform by law and development, comparative law and regulatory perspectives. This chapter is the introduction to an edited book titled 'Law and Development and the Global Discourses of Legal Transfers', to be published by Cambridge University Press in 2012. The book is significant because it brings together leading scholars from different disciplinary backgrounds to assess the strengths and weaknesses of these different disciplinary approaches. It aims to demonstrate how a synthesis of law and development, regulatory theory and legal transplantation theory - disciplines which have, to date, remained intellectually isolated from each other - can produce a more nuanced understanding about the types of legal transfers that are most likely to succeed.

The Role of Contract Interpretation in Transfer-pricing Law : Lessons from Canada
The Role of Contract Interpretation in Transfer-pricing Law : Lessons from Canada

Author: Amir Pichhadze

Publisher:

Published: 2017

Total Pages:

ISBN-13:

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The purpose of this article is to point out recent and significant developments that further support the author's call to acknowledge the necessary role of contract interpretation in the process of delineating the actual controlled transaction when conducting a transfer-pricing analysis. The first development refers to recent cases in which Canada's courts have recognized the necessary role of contract interpretation in determining the true nature of a transfer-pricing arrangement, and have exemplified the correct approach to identifying and applying the law of interpretation that governed the contractual terms. These cases ought to serve as an example to other courts, in Canada and around the world, when delineating the true nature of controlled transactions for the purposes of the transfer-pricing analysis. The second development is the explicit recognition by the OECD, in its newly revised transfer-pricing guidelines, of the necessary role of contract interpretation in the transfer-pricing analysis. Considering these developments, it is hoped and expected that courts will not overlook this necessary task of contract interpretation. The risk of such oversight is exemplified in this article by the Supreme Court of Canada's analysis in Canada v. GlaxoSmithKline Inc.

Law and Development and the Global Discourses of Legal Transfers
Law and Development and the Global Discourses of Legal Transfers

Author: John Gillespie

Publisher: Cambridge University Press

Published: 2012-06-28

Total Pages: 403

ISBN-13: 1107018935

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Leading scholars provide a fresh theoretical look at the reasons why many legal development projects fail and explore in rich empirical detail how different societies interpret global legal reforms and the implications of this for development aid.

Modern Legal Interpretation
Modern Legal Interpretation

Author: Marko Novak

Publisher: Cambridge Scholars Publishing

Published: 2019-01-24

Total Pages: 203

ISBN-13: 1527527042

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Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.

Separation and Abstraction in Property Transfers
Separation and Abstraction in Property Transfers

Author: Zhicheng WU

Publisher: BRILL

Published: 2023-05-08

Total Pages: 285

ISBN-13: 9004547932

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This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.