Particularities of unilateral interpretation in law
Maria-Luiza Hrestic
Impact of Socio-economic and Technological Transformations at National, European and International Level (ISETT), 2015, vol. 5
Abstract:
Unilateral interpretation often tends to turn into particularist selfishness, and even into what is called "parochialism". As with unilateral judicial acts [1], “unilateral interpretation†is not automatically one coming from a single legal subject. Unilaterality represents rather an issue of perspective. Several subjects can come up with a unilateral interpretation considering its external effects on a group of States that never adhered to its elaboration in the first place. Essential is, consequently, if the respective interpretation applies to the legal relations between parties other than its authors. Unilateralism, here, means that the act emerged from a unus latus in relation to an alterius latus which remains external to the first. Coordinated interpretations can be divided, depending on the personal circles involved, into: concerted acts (true inter se interpretations) and unilateral acts (res inter alios acta for subjects not taking part to them). Yet, we are dealing here only with unilateral interpretations in the narrowest sense of the word, that is those from a single object of law, from a single State, coming through its executive or its judicial power. In these interpretations - both unilateral and mono-subjective – the traits characterizing unilateral interpretation are accused at their maximum level.
Keywords: interpretation; particularism; international society; jurisprudence; concrete unilateral interpretation; systemic unilateral interpretation. (search for similar items in EconPapers)
Date: 2015
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