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Full-Text Articles in Law
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
Pace International Law Review
The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …
Legitimate Interpretation – Or Legitimate Adjudication?, Thomas W. Merrill
Legitimate Interpretation – Or Legitimate Adjudication?, Thomas W. Merrill
Faculty Scholarship
Current debate about the legitimacy of lawmaking by courts focuses on what constitutes legitimate interpretation. The debate has reached an impasse in that originalism and textualism appear to have the stronger case as a matter of theory while living constitutionalism and dynamic interpretation provide much account of actual practice. This Article argues that if we refocus the debate by asking what constitutes legitimate adjudication, as determined by the social practice of the parties and their lawyers who take part in adjudication, it is possible to develop an account of legitimacy that produces a much better fit between theory and practice. …