The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 324 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Can the European Court of Human Rights Shape European Public Order?

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Publisher : Cambridge University Press
ISBN 13 : 1108752349
Total Pages : 251 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Can the European Court of Human Rights Shape European Public Order? by : Kanstantsin Dzehtsiarou

Download or read book Can the European Court of Human Rights Shape European Public Order? written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2021-12-02 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

Human Rights and World Public Order

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Publisher :
ISBN 13 : 0190882638
Total Pages : 1137 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Human Rights and World Public Order by : Myres Smith McDougal

Download or read book Human Rights and World Public Order written by Myres Smith McDougal and published by . This book was released on 2019 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The re-issuance of this venerable title, unveils this work to a new generation of scholars, students, and practitioners of international law and human rights.

The Practical Guide to Humanitarian Law

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Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442221135
Total Pages : 827 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis The Practical Guide to Humanitarian Law by : Françoise Bouchet-Saulnier

Download or read book The Practical Guide to Humanitarian Law written by Françoise Bouchet-Saulnier and published by Rowman & Littlefield Publishers. This book was released on 2013-12-12 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

Media Freedom as a Fundamental Right

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Publisher : Cambridge University Press
ISBN 13 : 1316300706
Total Pages : 337 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Media Freedom as a Fundamental Right by : Jan Oster

Download or read book Media Freedom as a Fundamental Right written by Jan Oster and published by Cambridge University Press. This book was released on 2015-05-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.

The Oxford Handbook of Police and Policing

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Publisher : Oxford University Press
ISBN 13 : 0199843899
Total Pages : 697 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Oxford Handbook of Police and Policing by : Michael D. Reisig

Download or read book The Oxford Handbook of Police and Policing written by Michael D. Reisig and published by Oxford University Press. This book was released on 2014-03-31 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate -- control and prevent crime, keep the peace, provide public services -- and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple phone call, 24 hours a day, 7 days a week. They are ubiquitous within our society, but their actions are often not well understood. The Oxford Handbook of Police and Policing brings together research on the development and operation of policing in the United States and elsewhere. Accomplished policing researchers Michael D. Reisig and Robert J. Kane have assembled a cast of renowned scholars to provide an authoritative and comprehensive overview of the institution of policing. The different sections of the Handbook explore policing contexts, strategies, authority, and issues relating to race and ethnicity. The Handbook also includes reviews of the research methodologies used by policing scholars and considerations of the factors that will ultimately shape the future of policing, thus providing persuasive insights into why and how policing has developed, what it is today, and what to expect in the future. Aimed at a wide audience of scholars and students in criminology and criminal justice, as well as police professionals, the Handbook serves as the definitive resource for information on this important institution.

United States Attorneys' Manual

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Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Illusion of Order

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Publisher : Harvard University Press
ISBN 13 : 9780674038318
Total Pages : 310 pages
Book Rating : 4.0/5 (383 download)

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Book Synopsis Illusion of Order by : Bernard E. Harcourt

Download or read book Illusion of Order written by Bernard E. Harcourt and published by Harvard University Press. This book was released on 2005-02-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.

United States Code

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Publisher :
ISBN 13 :
Total Pages : 1184 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Freedom of expression and public order

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Publisher : UNESCO Publishing
ISBN 13 : 9231000667
Total Pages : 182 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Freedom of expression and public order by : Daudin Clavaud, Paul

Download or read book Freedom of expression and public order written by Daudin Clavaud, Paul and published by UNESCO Publishing. This book was released on 2015-01-23 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The SAGE Dictionary of Policing

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Publisher : SAGE Publications Ltd
ISBN 13 : 1446245810
Total Pages : 362 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis The SAGE Dictionary of Policing by : Alison Wakefield

Download or read book The SAGE Dictionary of Policing written by Alison Wakefield and published by SAGE Publications Ltd. This book was released on 2008-12-22 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SAGE Dictionary of Policing is the definitive reference tool for students, academics and practitioners in police studies. The Dictionary delivers a complete guide to policing in a comprehensive, easy-to-use format. Contributions by 110 of the world′s leading academics and practitioners based in 14 countries map out all the key concepts and topics in the field. Each entry includes: " a concise definition " distinctive features of the concept " a critical evaluation " associated concepts, directing readers to linked entries " key readings, enabling readers to take their knowledge further. In addition, The SAGE Dictionary of Policing offers online resources, including free access to key articles and links to useful websites. This is a must-have for students, lecturers, researchers and professionals in police studies, criminology and criminal justice. It is the ideal companion to the SAGE Dictionary of Criminology: together the two books provide the most authoritative and comprehensive guide available. Alison Wakefield is Senior Lecturer in Criminology at the University of New South Wales. She was previously based at City University, London. Jenny Fleming is Professor at the Tasmanian Institute of Law Enforcement Studies, University of Tasmania.

Criminal Law for Police Officers

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Publisher : Prentice Hall
ISBN 13 : 9780131929807
Total Pages : 330 pages
Book Rating : 4.9/5 (298 download)

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Book Synopsis Criminal Law for Police Officers by : Neil C. Chamelin

Download or read book Criminal Law for Police Officers written by Neil C. Chamelin and published by Prentice Hall. This book was released on 1987 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ninth edition of Criminal Law for Police Officers presents the historical concepts fundamental to understanding criminal law. The book is written in a non-legalese format, which makes it very student friendly. Areas covered include jurisdiction, matters of responsibility and accountability, and general principles about the criminal act. Book jacket.

Public Order: Law and Practice

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Publisher : OUP Oxford
ISBN 13 : 0191629812
Total Pages : 378 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Public Order: Law and Practice by : John Beggs QC

Download or read book Public Order: Law and Practice written by John Beggs QC and published by OUP Oxford. This book was released on 2012-01-25 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can police officers engaged in public order policing ensure they act lawfully, secure safe criminal convictions, avoid civil claims and, perhaps most importantly, maintain the peace? Tackling one of the most difficult areas of modern day policing, Public Order: Law and Practice presents practical, straightforward advice that is grounded in the letter of the law, helping police officers to make decisions under pressure and take control of potentially volatile situations. Topics covered range from day-to-day problems such as drunken brawls and football offences to more serious issues such as violent protest and terrorism, providing you with the full spectrum of possible encounters and highlighting transferable skills. The book contains many useful practical features including definition boxes for commonly-used terms, and case studies and scenarios. Key points and best practices are summarised throughout the chapters, helping you to absorb the information and providing for a practical quick reference. Throughout, the authors offer you tips for dealing with both the common and less common in public order policing, while taking account of the latest case law and legislation. This book is part of the Blackstone's Practical Policing Series. The series consists of practical guides containing clear and detailed explanations of the relevant legislation, accompanied by practical scenarios, illustrative diagrams and useful checklists.

Liberty and Order

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Publisher : Routledge
ISBN 13 : 1000424278
Total Pages : 224 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Liberty and Order by : P.A.J. Waddington

Download or read book Liberty and Order written by P.A.J. Waddington and published by Routledge. This book was released on 2021-09-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unprecedented behind the scenes analysis of public order policing, first published in 1994, investigates the impact of increased police powers and equipment on basic democratic freedoms, describing and analysing police operations from protest marches to riots, and from royal ceremonials to street carnivals. When confrontational government policies stimulate inner-city riots and violent protest, the state response is all too often to equip the police with enhanced legal powers and the paraphernalia of riot control. In Britain such developments prompted debates about a drift into authoritarianism. Here the policing of political protest is examined within its political and broader ‘public order’ context, and the text draws on extended and detailed observation of actual events.

The Police and the Expansion of Public Order Law in Britain, 1829-2014

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Author :
Publisher : Routledge
ISBN 13 : 1136179704
Total Pages : 273 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis The Police and the Expansion of Public Order Law in Britain, 1829-2014 by : Iain Channing

Download or read book The Police and the Expansion of Public Order Law in Britain, 1829-2014 written by Iain Channing and published by Routledge. This book was released on 2015-05-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incidences of public disorder, and the manner in which they have been suppressed, have repeatedly ignited debate on the role of policing, the effectiveness of current legislation and the implications for human rights and civil liberties. These same issues have reverberated throughout British history, and have frequently resulted in the enactment of new legislation that reactively aimed to counter the specific concern of that era. This book offers a detailed analysis of the expansion of public order law in the context of the historical and political developments in British society. The correlation of key historical events and the enactment of consequent legislation is a key theme that resonates throughout the book, and demonstrates the expanding influence of the law on public assemblies and protest, which has continued to criminalise and prohibit certain social behaviours. Crucial movements in Britain’s social and political history who have all engaged in, or have provoked public disorder, are examined in the book. Other incidents of riot and disorder, such as the Featherstone Riot (1893), the Battle of Cable Street (1936), the Inner City Riots (1980s) and the UK riots (2011) are also covered. By positioning legal developments within their historical context, the book demonstrates the ebb and flow between the prominence of the competing demands of the liberties of free expression and assembly on the one hand and the protection of the general public and property on the other. This book is essential reading for academics and students in the fields of criminology, history and law.

Law and Public Order in Space

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Publisher : New Haven : Yale University Press
ISBN 13 : 9780300007398
Total Pages : 1147 pages
Book Rating : 4.0/5 (73 download)

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Book Synopsis Law and Public Order in Space by : Myres Smith McDougal

Download or read book Law and Public Order in Space written by Myres Smith McDougal and published by New Haven : Yale University Press. This book was released on 1963 with total page 1147 pages. Available in PDF, EPUB and Kindle. Book excerpt: