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This chapter examines the interpretation practice of international investment tribunals, using the territoriality requirement in international investment arbitration as a case study. International investment tribunals employ various interpretative methods when interpreting the scopes ratione loci and ratione materiae of investment treaties. However, on many occasions arbitral tribunals use methods of interpretation that favor the object and purpose of treaties over other elements of interpretation envisaged in Articles 31–33 of the VCLT. When applied to the interpretation of the territoriality requirement, arbitral tribunals interpret the requirement based on the intention of the contracting parties to create favourable conditions for the promotion of investments and economic cooperation. Such an interpretive approach creates an expansive tendency of the territorial application of investment treaties.
Early modern housewives were encouraged to engage with alchemical processes (such as distillation, calcination and fermentation) for the efficient running of their households (particularly the concoction of domestic medical remedies). However, in widely printed estate management guides (for example, Richard Surflet’s The Countrie Farme, 1600), the experimental, scientific and medical agency of the housewife ‘chymist’ is restricted: professional male physicians should always be her guide. If we turn to early modern female-authored works, a different woman-centred alchemical culture emerges in which the intellectual, physical and spiritual agency of the woman alchemist is not hampered, but repeatedly exalted. This introduction foregrounds the core argument of Women Writers and Alchemy in Early Modern Britain: early modern women’s writing offers crucial overlooked evidence for reconstructing the history of the woman alchemist because (as we shall see) the female alchemical practitioner frequently appears in female authors’ works, and her auctoritas is strategically crafted to challenge the delimitation of her agency found in male-authored instruction manuals and ‘chymical’ texts.
Trading emporia emerged in Northern Europe in the Early Middle Ages and were the first coin-based markets and urban settlements in this region. In this study, Søren Michael Sindbæk proposes a new account of the origins of these trading centres by tracing their role in hosting strangers. Sindbæk proposes that 'weak' social ties are a widely overlooked middle ground in pre-modern societies that bridge the gap between 'strong' family ties and formal institutions. By adapting cultural norms, networks, and institutions, it was possible to combine a high level of trust within an open form of society. Emporia developed when the ancient conventions of hosting and guest-friendship became insufficient to accommodate the growing connections between peoples brought together through seafaring. Sindbæk demonstrates that the history of emporia is closely linked to the expansion of maritime trade, colonization, piracy, and warfare – the basis for what we know today as the Viking Age.
The chapter analyzes the ’principle of single undertaking’ of the World Trade Organization (WTO) Dispute Settlement System (DSS). The principle of single undertaking is a unique feature of the WTO, and refers to the fact that the WTO treaty comprises several agreements all of which bind WTO members simultaneously and cumulatively, thus requiring implementation as a single undertaking. In order to maintain coherence within this single undertaking, the WTO DSS has engaged in horizontal cross-fertilization of jurisprudence across agreements. This is done by reliance on the tools and methods of treaty interpretation as defined by the VCLT rules of interpretation and their customary counterparts.
Using examples from Bishop’s letters and diaries, as well as more recent theoretical accounts, the introduction explores various meanings of the word ‘style’ and their pertinence to Bishop’s work. The introduction highlights the predominance of biographical criticism in works on Bishop (and other twentieth-century writers) and instead argues for the importance of stylistic criticism. This chapter goes on to delineate two broader trends in contemporary literary criticism – historicist on the one hand, formalist on the other – and outlines their shortcomings in understanding the nuances of particular poems and literary works. The chapter then outlines this book’s focus on several aspects of style across Bishop’s entire oeuvre, including cliché, simile, allusion, and correctio. The introduction ends by arguing that aesthetic evaluation and judgement are central to the responsible and rigorous practice of literary criticism.
This chapter contends that whilst a female alchemical literary culture was becoming visible in early modern Britain, it was simultaneously being attacked by numerous male authors. It explicates this by examining John Taylor’s c. 1653 manuscript poem, ‘To Mrs K: P: from Mr J. T.’ (which satirises Katherine Philips’s use of alchemical discourse); Anthony Ashley Cooper’s scribal letter, ‘The Adept Ladys’ (1701/2, which rails against female spiritual chymists); and Andrew Marvell’s poem, ‘Upon Appleton House, To My Lord Fairfax’ (c. 1651, printed in 1681, which regards women’s alchemical communities with deep suspicion). The chapter goes on to propose that whilst some male authors were attempting to eradicate female chymical cultures, women writers such as Anne Finch (1661–1720) were concurrently challenging these gender-biased critiques and rehabilitating the role of the woman alchemist.
This chapter examines the collective interpretative practices of non-judicial actors, with a special focus on the One Ocean Hub. The One Ocean Hub is an inter- and transdisciplinary ocean research network that engages academic and non-academic stakeholders, including local decision-makers and representatives from international organizations, civil society, and affected communities, to co-develop mutually supportive interpretations of international environmental law, the law of the sea, and international human rights law. The interpretative practice of the One Ocean Hub related to the protection of human rights that are dependent on a healthy ocean is an example of collective interpretation whose authority comes from the expertise of the involved practitioners. The chapter examines how this expertise-based interpretation can be institutionalized under the law of treaties, with a view to embedding it in the work of relevant treaty bodies.
This is a book about the intellectual history of the later Sasanian Empire, with a particular focus on medicine, astral science (i.e., astronomy and astrology), and philosophy. It is also, necessarily, a book that deals extensively with the premodern Islamic world – not only because this is the context where most of the fundamental sources for Sasanian intellectual life take shape but also because the transition from Sasanian to Muslim rule in Iraq and Iran in the mid-seventh century CE did little to immediately and substantially impact this kind of scholarship. Particularly for the fields in focus here, a coherent intellectual-historical period can be said to extend from the sixth to the ninth century, as it is only around 800 that, owing to the raft of scholarly translations into Arabic produced under the early Abbasids, medicine, natural science, and philosophy in the erstwhile Sasanian heartland undergo a decisive shift: Greco-Roman scholarship achieves qualitatively new levels of centrality and availability, and Middle Persian and Syriac give way to Arabic as the dominant language of secular learning.
Chapter 1 explores the interconnections between domestic female medical chymical practices and spiritual alchemy. It analyses evidence from manuscript medical papers, life-writings and funeral sermons to prove that Grace Mildmay (c. 1552–1620), Anne Halkett (1623–99) and Mary Rich (1624–78) were experimenting with chymical medicine in their households. The chapter goes on to detail how alchemical language and concepts infiltrate the seventeenth-century autograph manuscript devotional prose meditations of these three Protestant women. It argues that Mildmay, Halkett and Rich manipulated the established genre of the prose meditation to fashion themselves as female spiritual alchemists who have the power to mirror God’s ‘Diuine Chimistry’. The chapter proposes that women such as Mildmay, Halkett and Rich warrant collocation in the history of spiritual alchemy that is currently being reconstructed by modern-day scholars.
This chapter provides a detailed genealogy of the development crimes against humanity, from its nineteenth century natural law origins through its codification in the Rome Statute, and finally its possible recodification in a new treaty. It subsequently traces the interpretative approaches of states towards the current draft proposal about a specialized treaty, ultimately concluding that states’ attitudes may fall into one of three categories – unity, evolution, or diversity. Unity refers to states who advocate for the new treaty to be a horizontal add on to the Rome Statute, making the two instruments consistent as a matter of text and application. Evolution, refers to states who advocate for the progressive interpretation of existing provisions, with a view to adjusting the definition of crimes against humanity consistently with new development, or expanding the list of crimes that fall in this category. Diversity, finally, refers to the possibility of states to continue developing the law even after codification, through evolutions in customary law or diversity in national codification.
International law formation through treaties and customary international law is inherently based on a private law paradigm characterized by bilateralism and consensualism. For the most part, this private law paradigm permeates into the process of interpretation as reflected in Articles 31–33 VCLT. That said, the principle of ‘systemic integration’ enshrined primarily in Article 31(3)(c) VCLT and its customary counterpart presumes a systemic structure of international law. In this context, obligations erga omnes, jus cogens norms, and, to some extent, general principles of law provide for at least a rudimentary public law framework, which dilutes consensualism and enables a certain degree of systematization of treaty and customary law. Such systematization then takes places through the process of interpretation and, more specifically, systemic integration. Underlying this analysis is the claim that the rule of interpretation requires the systemic integration of the rules of international law ‘regardless of the source from which these rules may be stemming’
This chapter examines one of the most distinctive features of Bishop’s work: her frequent use of correctio. When using this rhetorical scheme, writers will correct, question, rephrase or offer alternatives to their words and phrases in the body of the text itself (rather than, say, in the process of redrafting). The first part of this chapter gives an account of: correctio’s history; its characterisation in early-modern and twentieth-century rhetorical manuals; its risks and rewards; and its indiscriminate approval by Bishop’s critics. The chapter then analyses its frequent use by three major influences on Bishop: George Herbert, William Wordsworth and Marianne Moore. The main part of this chapter then examines Bishop’s use of correctio in relation to visual art, nature writing, memory, the representation of consciousness, scepticism, and elegy.
Processes of national implementation of the Rome Statute of the International Criminal Court (ICC) represent a relevant interpretive practice when it comes to this treaty. When adopting implementation legislation, states effectively offer their interpretation of the Rome Statute, sometimes diverging from the way that the ICC interprets this treaty. The chapter focuses of such examples of divergent interpretations, in order to establish whether divergent interpretations by states might influence the way the ICC interprets the Rome Statute. As an international treaty, the interpretation of the Rome Statute is governed by the rules of interpretation as enshrined in the VCLT. In light of this, divergent interpretations by states might need to be taken in consideration by the ICC in its interpretation, for example as subsequent agreement within the meaning of Article 31(3)(b) of the VCLT. Ultimately, while it remains necessary to distinguish between an interpretation within the scope of the existing law and modification of the text of a treaty, judges of the ICC may rely on the VCLT rule of interpretation in order to account for the interpretative practice of states.
Interpretation is part and parcel of every juridical endeavour. In international law, the law and methods pertaining to the process of interpretation continue to vex international legal theory and practice; in fact, increasingly so. The provisions of the Vienna Convention on the Law of Treaties (VCLT) on treaty interpretation reflect three premises which can have broader implications for the practice of interpretation in international law. First, they reinforce the idea that interpretation is, or at least can be, a formal process based on legal rules.Second, this process determines the content of rules that are ‘in force’ and is thus legally and analytically distinct from the processes of identification, modification, amendment, and termination of rules. Third, these legal rules can have a general scope of application in the sense that they can apply regardless of the nature or subject-matter of the rule to be interpreted and irrespective of who performs the interpretation. That is to say, the VCLT envisages the possibility of a law of interpretation that forms essentially ‘a unity’