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The Context Rationality in MOX plant-Jugdment. ----- An Application of Grimmel's theory. Ye Jing. Structure of Presentation. Introduction -- MOX Plant Case -- Grimmel's theory Framework of Grimmel's theory -- Foundational theories

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The context rationality in mox plant jugdment

The Context Rationality in MOX plant-Jugdment

----- An Application of Grimmel's theory

Ye Jing


Structure of presentation
Structure of Presentation

Introduction

-- MOX Plant Case

-- Grimmel's theory

Framework of Grimmel's theory

-- Foundational theories

-- the concept and characters of Context Rationality

-- Context Rationality of European law

Analysis of Context Rationality MOX Plant-Judgment

-- the specific context of the case

-- the legal reasoning under the specific context

-- local & historical patterns

Conclusion


Introduction
Introduction

Judgment

The MOX Plant Case

UNCLOS arb.trib.

OSPAR

arb.trib.

obj. of juris.

obj. of juris.

UK

vs. UK.

vs. UK.

Irland

vs. commision

Commission

ECJ

vs. Irland

confirm jurisdiction

&

Irland's violation


Introduction

Grimmel's theory

-- Object of analysis: integration through law

-- Intent: pave the way for overcoming debates on the political role of law.

-- Core conception: Context Rationality

-- Innovation:

▪ examined the interior process of rationality(opened the black box)

▪ criticized the universalistic, inflexible notion of rationality

▪ specifiied rationality under EU context

▪ provides legitimacy for judicial-caused integration


Introduction

The Central Question:

How & Why the ECJ make the judgment:

to confirm its exclusive jurisdiction

& Ireland's violation of Community law


Framework of grimmel s theory
Framework of Grimmel's theory

Foundational theories:

Max Weber's Interpretative Sociology:

Ludwig Wittgenstein's philosophy of language:

devided value

spheres

plurality of

rationality

context-depended

rationality

Consensus is needed to enable communication.

Language&logic of law cannot derived from interpretation of private interests


Framework of grimmel s theory1
Framework of Grimmel's theory

Concept of Context Rationality:

A form of reasoning that depends on its surroundings, on a certain context.

Characters of context rationality

-- shapable

-- a changing process

-- learnable

-- understandable only from internal viewpoint

-- not transferrable

-- stablizing and constraining on reasoning and action


Framework of grimmel s theory2
Framework of Grimmel's theory

Context Rationality of European law

(1) functional

CONTEXT

RATIONALITY

ACTION

ACTOR

(3) historical

(2)local


Framework of grimmel s theory3
Framework of Grimmel's theory

Context Rationality of European law

(1) functional term:

-- context of law:

▪ action is linked to certain forms of interpretation & argument that are provided by the context

▪ interpretation is always needed

▪ translation & application of legal text is the task of law and jurisprudence

▪ ECJ shall ensure the law is observed in interpretation & application of Treaties


Framework of grimmel s theory4
Framework of Grimmel's theory

Context Rationality of European law

(1) functional term:

-- basic scheme of argument

ground

(must be true and justified)

claim

(must result from the ground)

warrant

(legally codified)


Framework of grimmel s theory5
Framework of Grimmel's theory

Context Rationality of European law

(2) local term:

-- European patterns:

backing or refuting a claim and its premise on the basis of a warrant

-- rules of judicial interpretation:

literal/grammatical, historical, systematical, purposive and "effet utile"

-- a judge's attitude(or private interest) is unimportant -- a convincing argument is important


Framework of grimmel s theory6
Framework of Grimmel's theory

Context Rationality of European law

(3) historical term:

-- Fast changing

-- Broad foundation of common legal knowledge and trandition

▪ prior law

▪ legal insights

▪ doctrines

-- progress must be coherent with the historical framework

-- the rationality of ECJ:

▪ bid by a common-shared rationality

▪ a justification for and the foundation of the commom acceptability


Analysis of mox plant judgment
Analysis of MOX Plant-Judgment

Specific context of MOX-Plant:

-- two parties are both contractors of international conventions and members of EU

-- EC was also a member of UNCLOS

-- free choice for disputes settlement of both parties is garanteed by UNCLOS

Process of Legal Reasoning:

-- Ground :

Irland had instituted the proceedings against UK without taking due account of the fact that the EC was a party to UNCLOS

-- Claim: by submitting the dispute toa tribunal outside the Community legal order,Irland violated:

▪ the exclusive jurisdiction of ECJ by Art.292 EC, Art.193 Euratom

▪ the duty of loyal co-operation under Art.10 EC, Art.192 Euratom


Analysis of mox plant judgment1
Analysis of MOX Plant-Judgment

Process of Legal Reasoning:

-- Warrant :

▪ Law of the Sea Convention: mixed agreement has the same status in the Community legal order

▪ Community law: largely cover the disputed area -- proof of acting competence ( premise for ECJ's exclusive jurisdiction)

▪ Art.292 EC: ECJ's jurisdiction

▪ Position on Opinion 1/91: possible adverse affect on the allocation of responsibilities and legal order

▪ Art.220 EC: allocation of responsibility and autonomy of Community legal system

Local & Historical

refuting based on warrant, bid by common shared rationality(protection)


Conclusion
Conclusion

The MOX Plant-Judgment is a process of context rationality.


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