I had the privilege of editing this bilingual volume, published in English and French, which brings together contributions from ten participants, including me.
The volume illuminates judicial practice through three compelling perspectives, each forming a distinct Title. The first examines interpretative methods in civil and criminal law, opening with Germany's Interessenjurisprudenz and its application in German courts, then turning to the French judicial approach to statutory interpretation, before concluding with an analysis of how Kazakhstan's Supreme Court handles normative interpretation.
The second perspective explores constitutional control mechanisms, tracing the French Constitutional Council's use of transitional interpretative reservations, the UK's constitutional evolution following the Human Rights Act, and the emergence of constitutional review within Kazakhstan's legal framework.
The third perspective investigates how domestic courts engage with international conventions, focusing on the Convention on the Contract for the International Carriage of Goods by Road (CMR) and examining judicial treatment of double taxation treaties in Kazakhstan and Russia.
Beyond my editorial role and writing the volume's introduction, I contributed two chapters devoted to my longstanding scholarly focus: German Interessenjurisprudenz.
My first chapter articulates the mechanism and nuances of this sophisticated methodological doctrine, while the second offers concrete case law demonstrating Interessenjurisprudenz in action.
In this second chapter, I analyze a 1917 Reichsgericht decision concerning a contract favoring a third party with a mortis causa clause, alongside Heck's critique—Heck being the architect of Interessenjurisprudenz. I then examine the Reichsgericht's landmark 1923 decision and Heck's response, before turning to two related 1932 patent cases analyzed by Berlin attorney Norbert Sohn. These cases reveal how German patent offices had tacitly embraced Interessenjurisprudenz in their reasoning during the 30s, even without explicitly acknowledging the methodology.
The book is visible and can be bought at:https://www.amazon.fr/-/en/Remus-Titiriga/dp/3034355556
