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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. 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

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  1. The Context Rationality in MOX plant-Jugdment ----- An Application of Grimmel's theory Ye Jing

  2. 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

  3. 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

  4. 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

  5. Introduction The Central Question: How & Why the ECJ make the judgment: to confirm its exclusive jurisdiction & Ireland's violation of Community law

  6. 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

  7. 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

  8. Framework of Grimmel's theory Context Rationality of European law (1) functional CONTEXT RATIONALITY ACTION ACTOR (3) historical (2)local

  9. 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

  10. 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)

  11. 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

  12. 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

  13. 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

  14. 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)

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

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