Lost In Translation Presumption And Interpretation

This book investigates the Mesopotamian roots of two key monotheist characters, Adam and Noah, and their stories, through an exhaustive reading of relevant texts from the ancient literature; it includes original Arabic transliterations, and Arabic and English translations of sections from Akkadian and Sumerian inscriptions, and the Hebrew Genesis. The common, biblical beliefs in an initial, single human creation, and a subsequent survival of a punishing, catastrophic flood were among the key forming pillars of the Near East monotheist religions. The other key pillar was, arguably, the belief in the existence of a one, supreme god and creator. However, neither the two stories of human creation and catastrophic flood, nor the belief in one supreme god, were originally introduced by these monotheist religions. Key inscriptions from ancient Mesopotamia have clearly indicated that various versions of these beliefs were commonplace for thousands of years before. Despite the differences in details, and at times ambiguities, the monotheist faiths seem to have derived their defining themes from one source: early Mesopotamian mythology. Unfortunately, several key inscriptional facts supporting this hypothesis were lost in the current transliterations, translations, and interpretations of the ancient texts.

Treaties form a basis for the daily conduct of international relations, and thus it is vital to see how they are made, amended, interpreted, and enforced. This volume presents insights into how the law of treaties has worked over the past 40 years, since the 1969 Vienna Convention was adopted as the comprehensive treaty to regulate the law of international agreements. The book capitalizes on 40 years of international experience, with a group of expert contributors describing and analyzing the subject. Multiple issues of the Convention are covered, including the aspects of conclusion, interpretation, reservation, amendment and modification, validity, and other issues.

The Vienna Convention on the Law of Treaties (VCLT) – as the ‘treaty on treaties’ – has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This book presents the first consolidated analysis of how the VCLT has informed the practice of international investment law and the resolution of investor-State disputes, and the role that the VCLT may play in shaping the future of this field. The diverse contributors to this book are scholars and practitioners from around the world, who offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). Each chapter demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive – or even offer – for the interpretation and application of the VCLT rules in other settings. Their insights and analyses consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book’s appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards. By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support its ongoing development and the resolution of the next generation of investor-State disputes. This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT’s relevance to and impact on investment law and investor-State arbitration and its role in shaping where this field of public international law might be headed in the decades to come.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1989.

In Freud's Lost Chord, Dan Sapen explores what it means for the development of depth psychology that Freud was perplexed by music, and unlike nearly every other aspect of human life, had little to say about it - a problem shared by most others in the early generations of psychoanalytic thought. Psychoanalyst Charles Rycroft wrote One cannot help regretting that none of the pioneers of the unconscious thought naturally in auditory terms; more than this, over 100 years later, not only is music per se rarely looked it in psychodynamic terms, jazz music is almost completely absent from the literature. Dr. Sapen looks in depth at the intricate details of psychodynamic theory and practice, as well as an overview of its development, to address the possibility that a theoretical model that has little to say about such a basic and omni-present aspect of human life must be seriously flawed in its effort to explain what it is to be human, and how the mind functions and what it creates. However, Sapen illustrates how numerous other thinkers (Jung, Winnicott, Bion, Loewald, Rycroft), some seemingly at odds with and others serving as essential developments and re-workings of psychoanalytic principles, have managed to illuminate and integrate those missing principles so basic to music and creativity - to development, dreaming, thinking, and relating among other human beings intimately and in a society. Nearly uniquely in the psychodynamic literature, Sapen looks in depth at the music of Miles Davis and John Coltrane as examples of the living, breathing psychological processes so essential to understanding the meaning and dynamics of being human that Freud could not, for a variety of reasons, conceptualize.

If Brexit comes to pass, what changes in the United Kingdom legal system will the world face when dealing with the UK? The contributors to this penetrating new collection of studies – a worthy successor to the widely read pre-referendum Britain Alone! – bring a prodigious level of expert scrutiny to the myriad of rami?cations of this hugely complex subject. This book gathers together experts from different ?elds of legal practice and academia, not only to discuss the ongoing negotiations but also – and most valuably – to highlight and address the legal implications of possible scenarios and solutions for a post-Brexit United Kingdom and European Union. With topical chapters based on the Brexit Seminar Series held by the Centre of European Law at King's College London, the contributors address the challenges, options, opportunities, and possibilities that the Brexit process may engender in such areas as the following: – constitutional and administrative law; – the European Economic Area and the European Free Trade Association; – EU State aid; – the Irish border; – the fall-back position of the WTO rules should no agreement be achieved; – banking law, ?nancial services, and capital markets; – debt restructuring and insolvency practice; – environmental issues; – private international law; – tax; – citizenship; – social security; and – residence rights, especially considering women and children. Due to the unprecedented event that Brexit represents, there is an insatiable need for knowledge and technical detail as to its possible legal implications. This book, in its thorough analysis of the ongoing Brexit process and its technical understanding of the meaning of Brexit for several substantive areas of law, offers a solidly grounded and revealing exploration of the future that is particularly enlightening in explaining the challenges that the UK legal order is facing as a consequence of Brexit.

How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.

This book introduces the theory of interreligious resilience as a means to developing deeper and more effective interreligious engagement and resilience. Michael S. Hogue and Dean Phillip Bell advocate for interreligious resilience as the ability to grow through encounters with religious difference. They argue that rather than the capacity to endure change and return to a normal status quo, a deeper, more complex resilience is characterized by an ability to learn through disturbances, disruptions, and uncertainty. This book integrates theory and practice by situating the practical tasks of interreligious engagement in theological and social contexts. It is systemic and multidimensional, rather than staying focused on isolated interreligious issues or interpersonal interreligious encounters. This book is essential reading for all religious leaders and other community leaders working with religious people in an interreligious world.