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

Author: Zena Prodromou

Publisher: Kluwer Law International B.V.

Published: 2020-08-12

Total Pages: 313

ISBN-13: 9403520019

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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.

Code of Federal Regulations
Code of Federal Regulations

Author:

Publisher:

Published: 2010

Total Pages: 1018

ISBN-13:

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Special edition of the Federal register, containing a codification of documents of general applicability and future effect as of Jan. ... with ancillaries.

Business in the Contemporary Legal Environment
Business in the Contemporary Legal Environment

Author: Daniel V. Davidson

Publisher: Aspen Publishing

Published: 2024-01-31

Total Pages: 760

ISBN-13:

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Business in the Contemporary Legal Environment is a well-written, comprehensive coursebook providing complete coverage of the areas typically included in a one-semester legal environment course. The authors explain various areas of the law in plain English, with an emphasis on the implications and applications of these areas in a business setting. A combination of classic and contemporary cases clearly illustrates how the law is applied. In addition, helpful discussion questions and You Decide questions at the end of each chapter teach students how to identify and analyze legal issues that are frequently encountered in business. Thoughtful pedagogy and well-designed exhibits throughout the book help make the concepts easier to understand. New to the Fourth Edition: New Contemporary cases are included throughout the book, focusing on current and timely issues. Coverage dedicated to diversity and inclusion thoughtfully integrated into the text. Several chapters discuss technology issues including protecting employee passwords (Chapters 12 and 20); punishing computer crimes (Chapter 13); and protecting technology (Chapters 8 and 20). Students are asked to consider the impact of artificial intelligence (AI) in several chapters. Part III on Contracts streamlined to make the content even more accessible and teachable. Professors and students will benefit from: Student-friendly introduction to those legal topics most relevant to businesspeople. Effective use of cases. Every chapter begins with a Classic Case, a case from the past that helped to set the precedents for the material covered in the chapter. The authors then conclude each chapter with a Contemporary Case, a recent decision that shows a current application of one of the principles discussed in the chapter. The authors wrote the facts, issues, and holdings, and excerpted the reasons from the court opinion to make the cases more manageable. An Ounce of Prevention strategy boxes discuss situations that frequently occur in a business environment and strategies for handling those situations in a manner that will reduce potential legal problems. You Decide questions, based on current issues in the news, engage students with high-interest and relevant topics. Good balance between court cases and author-written text. Exercises and examples that help students to identify and analyze legal issues that are frequently encountered in business. Helpful exhibits that summarize concepts but don't overwhelm the text. Thoughtful, classroom-tested text written by an experienced author team. Helpful glossary of legal terms

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.