Beyond Words : The European Court of Justice and Legal Certainty in Multilingual EU Law

This study addresses the issue of multilingualism in EU law. More specifically, it explores the implications of multilingualism for conceptualising legal certainty, a central principle of law both in domestic and EU legal systems. The main question addressed is how multilingualism and legal certainty may be reconciled in the EU legal system. The study begins with a discussion on the role of translation in drafting EU legislation and its implications for interpreting EU law at the European Court of Justice (ECJ). Uncertainty regarding the meaning of multilingual EU law and the interrelationship between multilingualism and ECJ methods of interpretation are explored. This analysis leads to questioning the importance of linguistic-semantic methods of interpretation, especially the role of comparing language versions for clarifying meaning and the ordinary meaning thesis, and to placing emphasis on other, especially the teleological, purpose-oriented method of interpretation. As regards the principle of legal certainty, the starting-point is a two-dimensional concept consisting of both formal and substantive elements; of predictability and acceptability. Formal legal certainty implies that laws and adjudication, in particular, must be predictable. Substantive legal certainty is related to rational acceptability of judicial decision-making placing emphasis on its acceptability to the legal community in question. Contrary to predictability that one might intuitively relate to linguistic-semantic methods of interpretation, the study suggests a new conception of legal certainty where purpose, telos, and other dynamic methods of interpretation are of particular significance for meaning construction in multilingual EU law. Accordingly, the importance of purposive, teleological interpretation as the standard doctrine of interpretation in a multilingual legal system is highlighted. The focus on rational, substantive acceptability results in emphasising discourse among legal actors among the EU legal community and stressing the need to give reasons in favour of proposed meaning in accordance with dynamic methods of interpretation including considerations related to purposes, aims, objectives and consequences. In this context, the role of ideal discourse situations and communicative action taking the form of interaction among the EU legal community in an ongoing dialogue especially in the preliminary ruling procedure is brought into focus. In order for this dialogue to function, it requires that the ECJ gives persuasive, convincing and acceptable reasons in justifying its decisions. This necessitates transparency, sincerity, and dialogue with the relevant audience.

On the principles of Japanese forest policy since 1950.

XVIII IUFRO World Congress, Ljubljana 1986.

Basic principles of ultrafast Raman loss spectroscopy

When a light beam passes through any medium, the effects of interaction of light with the material depend on the field intensity. At low light intensities the response of materials remain linear to the amplitude of the applied electromagnetic field. But for sufficiently high intensities, the optical properties of materials are no longer linear to the amplitude of applied electromagnetic field. In such cases, the interaction of light waves with matter can result in the generation of new frequencies due to nonlinear processes such as higher harmonic generation and mixing of incident fields. One such nonlinear process, namely, the third order nonlinear spectroscopy has become a popular tool to study molecular structure. Thus, the spectroscopy based on the third order optical nonlinearity called stimulated Raman spectroscopy (SRS) is a tool to extract the structural and dynamical information about a molecular system. Ultrafast Raman loss spectroscopy (URLS) is analogous to SRS but is more sensitive than SRS. In this paper, we present the theoretical basis of SRS (URLS) techniques which have been developed in our laboratory.

Experimental study and simulation principles of an oil-gas multiphase transportation system

Presented is an experimental study on the performance of an oil-gas multiphase transportation system, especially on the multiphase flow patterns, multiphase pumping and multiphase metering of the system. A dynamic simulation analysis is conducted to deduce simulation parameters of the system and similarity criteria under simplified conditions are obtained. The reliability and feasibility of two-phase flow experiment with oil and natural gas simulated by water and air are discussed by using the similarity criteria.

Principles of flow field diagnostics by laser-induced biacetyl phosphorescence

A new method for measuring the density, temperature and velocity of N2 gas flow by laser induced biacetyl phosphorescence is proposed. The characteristics of the laser induced phosphorescence of biacetyl mixed with N2 are investigated both in static gas and in one-dimensional flow along a pipe with constant cross section. The theoretical and experimental investigations show that the temperature and density of N2 gas flow could be measured by observing the phosphorescence lifetime and initial intensity of biacetyl triplet (3Au) respectively. The velocity could be measured by observing the time-of-flight of the phosphorescent gas after pulsed laser excitation. The prospect of this method is also discussed.

General principles of the design of trawl net

The classification and the principles of design and construction of trawls in general are described. The method of calculating the length of rope required at each part for mounting the net and the requirements of floats and sinkers are given. The cutting rates to tailor machine made webbing are also indicated.