ChinaaRare Earths: Export Restrictions and the Limits of Textual Interpretation

2015 ◽  
Author(s):  
Eric W. Bond ◽  
Joel P. Trachtman
Keyword(s):  
Textual Interpretation ◽  
Export Restrictions

scholarly journals China–Rare Earths: Export Restrictions and the Limits of Textual Interpretation

2016 ◽  
Vol 15 (2) ◽  
pp. 189-209 ◽  
Author(s):  
ERIC W. BOND ◽  
JOEL TRACHTMAN
Keyword(s):  
Empirical Evidence ◽  
Natural Resource ◽  
Rare Earths ◽  
Raw Materials ◽  
Contextual Approach ◽  
Appellate Body ◽  
Textual Interpretation ◽  
Export Restrictions ◽  
Textual Basis

AbstractThe China–Rare Earths decision of the Appellate Body addressed two main issues: (i) whether China's obligations not to impose export duties under its accession protocol are subject to exceptions under Article XX of GATT, and (ii) the scope of the exception for China's export quota measures relating to conservation under Article XX(g) of GATT. In accord with its China–Raw Materials decision, the Appellate Body found that there is no textual basis for the application of the Article XX exception to China's export duty obligations. This interpretation exalted a narrow contextual approach over an approach to interpretation that would focus on broader context, object, and purpose. The Appellate Body also approved the Panel's overall approach to determining the availability of the Article XX(g) exception. This approach focused on the design and structure of China's quota measure, but left unresolved important issues, including the extent to which non-conservation purposes may prevent use of the exception and the role of empirical evidence of effects in these determinations. While the Appellate Body found that there is no ‘even-handedness’ requirement in Article XX(g) itself, we argue that the chapeau's requirement of non-discrimination is an appropriate additional criterion for determining whether a policy with a target of reducing extraction of a natural resource satisfies the requirements of Article XX.

Reinterpretasi Ayat-ayat “Kekerasan”

2018 ◽  
Vol 3 (1) ◽  
pp. 93-103
Author(s):  
Lina Aniqoh
Keyword(s):  
Historical Context ◽  
Moral Values ◽  
Textual Interpretation ◽  
The Earth ◽  
The People ◽  
Double Movement ◽  
The Face

This paper seeks to elaborate on the textual interpretation of Q.S Muhammad verse 4 and Q.S at Taubah verse 5. These two verses are often employed by the extremist Muslim groups to legitimize their destructive acts carried out on groups considered as being infidels and as such lawfully killed. The interpretation was conducted using the double movement hermeneutics methodology offered by Fazlur Rahman. After reinterpretation, the two verses contain moral values, namely the war ordered by God must be reactive, fulfill the ethics of "violence" and be the last solution. Broadly speaking, the warfare commanded in the Qur'an aims to establish a benefit for humanity on the face of the earth by eliminating every crime that exists. These two verses in the contemporary socio-historical context in Indonesia can be implemented as a basis for combating the issue of hoaxes and destructive acts of extremist Muslim groups. Because both are crimes and have negative implications for the people good and even able to threaten the unity of mankind.

Konsep Hermeneutika Sebagai Metodologi Interpretasi Teks Al-Qur’an

2019 ◽  
Vol 4 (2) ◽  
pp. 205-219
Author(s):  
Wely Dozan ◽  
Muhammad Turmudzi
Keyword(s):  
Word Of God ◽  
Text Interpretation ◽  
Textual Interpretation ◽  
Hermeneutic Approach ◽  
History Of

Lately, the concept of the methodology of interpreting the texts of the Qur’an is not only struggling from the history of the Companions and the Tabi'in but in understanding the Word of God it is necessary to have dialectics with the interpretation of the text with the term hermeneutics. Some contemporary interpretations make a new study of the Qur’an using the hermeneutic approach. Specifically, this paper seeks to contribute to providing concepts related to hermeneutics as a textual interpretation methodology. There are some things that are very urgent to be studied in this discussion, including, First, hermeneutics as a dialectic of text interpretation. Second, the methodology of the hermeneutic approach in understanding texts. Third, the application of hermeneutics as a text interpretation. Thus, the concept of hermeneutics in the texts is to find the Qur'anic values ​​contextually behind the meaning of the text of the verse. 

Arguing over Texts

2017 ◽  
Author(s):  
Martin Camper
Keyword(s):  
Literary Criticism ◽  
Rhetorical Theory ◽  
Ancient Greek ◽  
Textual Interpretation ◽  
Ambiguous Words ◽  
And Behaviors ◽  
Textual Meaning

Arguing over Texts presents a rhetorical method for analyzing how people disagree over the meaning of texts and how they attempt to reconcile those disagreements through argument. The book recovers and adapts a classification of recurring types of disagreement over textual meaning, invented by ancient Greek and Roman teachers of rhetoric: the interpretive stases. Drawing on the rhetorical works of Aristotle, Cicero, Quintilian, and Hermogenes, the book devotes a chapter to each of the six interpretive stases, which classify issues concerning ambiguous words and phrases, definitions of terms, clashes between the text’s letter and its spirit, internal contradictions, applications of the text to novel cases, and the authority of the interpreter or the text itself. From the dispute over Phillis Wheatley’s allegedly self-racist poetry to the controversy over whether some of Abraham Lincoln’s letters provide evidence he was gay, the book offers examples from religion, politics, history, literary criticism, and law to illustrate that the interpretive stases can be employed to analyze debates over texts in virtually any sphere. In addition to its classical rhetorical foundation, the book draws on research from modern rhetorical theory and language science to elucidate the rhetorical, linguistic, and cognitive grounds for the argumentative construction of textual meaning. The method presented in this book thus advances scholars’ ability to examine the rhetorical dynamics of textual interpretation, to trace the evolution of textual meaning, and to explore how communities ground their beliefs and behaviors in texts.

Introduction

2017 ◽  
Author(s):  
Mark A. Wrathall
Keyword(s):  
History Of Philosophy ◽  
Phenomenological Description ◽  
Making Sense ◽  
Textual Interpretation ◽  
History Of

This chapter reviews Dreyfus’s hermeneutical methodology, and the constant interplay between phenomenological description and textual interpretation in his work. It explains why Dreyfus always philosophizes in a kind of dialogue with thinkers in the history of philosophy, and how he interprets these thinkers in such a way as to illuminate through their works contemporary problems in philosophy. It then offers a theory of Dreyfus’s understanding of practices, before reviewing the concept of a background practice as it functions in Dreyfus’s work. For Dreyfus, the background practices embodied in a culture are the key to making sense of the understanding of being that grounds a world.

The Roman Empire in Paul’s Letters

2020 ◽  
Author(s):  
Tat-siong Benny Liew
Keyword(s):  
Roman Empire ◽  
Jesus Christ ◽  
Textual Interpretation ◽  
Paul's Letters

Paul’s reality as a colonized Jew and an imperial subject of Rome means that the Roman Empire loomed large in his world, especially given his frequent travels to spread the gospel of Jesus Christ to Gentiles of the Roman Empire. Although Paul’s letters seldom refer directly to the Roman Empire, the Roman Empire formed the content as much as it constituted the context of Paul’s letters. While these letters contain critiques of the Roman Empire, they also mirror the Roman Empire in different ways. Attempts to pin Paul down through his letters as either anti-imperial or pro-Rome are unrealistic and reductionist, because they do not take seriously the complexity of the Roman Empire, of Paul as a person, of language and writing, and of textual interpretation.

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