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de Oliveira, Leonardo V. P., und Isabel Miranda. „International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil“. Journal of International Arbitration 30, Issue 1 (01.02.2013): 49–70. http://dx.doi.org/10.54648/joia2013004.
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This article considers if and how Brazilian courts have applied the international public policy exception when deciding whether to recognize and enforce foreign arbitral awards. In Brazil, like other jurisdictions, according to Article V(2)(b) of the NewYork Convention on Recognition and Enforcement of Foreign Arbitral Awards (the 'New York Convention'), when a court is faced with a challenge, it has to determine if the public policy exception refers to its national public policy or international public policy. In the past ten years, arbitration in Brazil has gained prominence and the number of challenges to awards, both national and international, has generated several decisions on how Brazilian courts interpret the public policy exemption. This article presents the Brazilian and the international view of what the international public policy is, as well as how the Brazilian and the international view is expressed in their jurisprudence on the topic in order to demonstrate and compare the direction being taken on the public policy exception by Brazilian courts.
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Colombi Ciacchi, Aurelia. „Public Policy Exceptions in European Private Law: A New Research Project“. European Review of Private Law 22, Issue 5 (01.10.2014): 605–10. http://dx.doi.org/10.54648/erpl2014051.
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Abstract: Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private autonomy (a contract, a testament, etc.) invalid when it conflicts with public policy or good morals. In primary EU law, one may call 'public policy exceptions' the derogations from the four freedoms for reasons of public morality, public policy, public security, or public health. Like the ordre public exceptions in private international law, the public policy exceptions in substantive private and commercial laws can also be seen as conflict rules. In fact, the public policy exceptions in substantive private law address the conflict between state regulation and policy, on the one hand, and private (self-)regulation and policy, on the other hand. Moreover, the public policy derogations from the four freedoms regulate the conflict between EU and national law and policy. A long-term research project initiated in Groningen aims at a cross-cutting comparison of interpretations and applications of concepts that function as public policy exceptions in different branches of substantive, international, and EU private and commerciallaw. In particular, this project aims at discovering and comparing the governance aspects, the fundamental rights based aspects, and the social justice aspects of these interpretations and applications. Resumé: On trouve sans aucun doute des exceptions d'ordre public dans tous les domaines du droit privé et commercial, non seulement en droit international privé mais aussi en droit matériel. En droit privé matériel, le terme 'exception d'ordre public' pourrait être utilisé pour indiquer des règles générales d'illicéité invalidant un acte d'autonomie privée (un contrat, un testament etc.) lorsqu'il est contraire à l'ordre public ou aux bonnes mœurs. Dans le droit primaire de l'UE, on peut appeler 'les exceptions d'ordre public' les dérogations aux 'quatre libertés' pour des raisons de morale publique, d'ordre public, de sécurité publique ou de santé publique. Comme les exceptions d'ordre public en droit international privé, les exceptions d'ordre public en droit privé matériel et commercial peuvent aussi être considérées comme des règles de conflit. En fait, les exceptions d'ordre public en droit privé matériel traitent le conflit entre la réglementation et la politique publiques d'une part et l'(auto-)réglementation et la politique privées d'autre part. De plus, les derogations d'ordre public aux 'quatre libertés' règlementent le conflit entre le droit et la politique au niveau national et au niveau de l'UE. Un projet de recherche à long terme lancé à Groningen vise à établir une comparaison transversale d'interprétations et d'applications de concepts fonctionnant comme exceptions d'ordre public dans différentes branches de droit matériel, international et de droit commercial et privé de l'UE. Ce projet tente en particulier de découvrir et de comparer les aspects de gouvernance, les aspects basés sur les droits fondamentaux et les aspects de justice sociale de ces interprétations et applications.
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Selim, Ismail. „Egyptian Public Policy as a Ground for Annulment and Refusal of Enforcement of Arbitral Awards“. BCDR International Arbitration Review 3, Issue 1 (01.09.2016): 65–79. http://dx.doi.org/10.54648/bcdr2016006.
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In contrast with the French approach, the Egyptian Arbitration Law does not explicitly embrace the dichotomy between domestic and international public policy. Yet Egyptian courts have adopted the well-known distinction between domestic and international public policy with respect to conflict of laws, including, mutatis mutandis, recognition and enforcement of foreign judgments and foreign and international arbitral awards. The weak standard of review by Egyptian courts of whether an arbitration award complies with public policy norms is one of the reasons why Egypt has become an arbitration-friendly seat. A comprehensive review of Egyptian case law illustrates the rejection by the courts in Egypt of the public policy exception, save in very exceptional circumstances.
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Junita, Fifi. „Judicial Review of International Arbitral Awards on the Public Policy Exception in Indonesia“. Journal of International Arbitration 29, Issue 4 (01.08.2012): 405–27. http://dx.doi.org/10.54648/joia2012027.
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The principle of non-review of arbitral awards on the merits is of foundational importance to the finality and enforceability of foreign awards. This paper examines the nature and scope of judicial review of international awards based on the public policy exception by the Indonesian courts. This article argues that the courts review the material findings of facts of the award expansively, relying on the public policy exception. It indicates that the courts do not only review errors in findings of fact, but they also engage in a full and independent re-examination of the factual basis that allegedly gives rise to the public policy violation. In the latter part of this article, the author concludes that the broad scope and meaning ascribed to the public policy exception under the Indonesian Arbitration law and the court's expansive intervention are likely to inhibit the finality of foreign awards in Indonesia.
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Loos, Gregory P. „Trade Policy and Public Goods“. NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 13, Nr. 1 (Mai 2003): 9–18. http://dx.doi.org/10.2190/2qum-5nv3-8du1-fr0q.
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The World Trade Organization (WTO) was formed in 1994 as the first multilateral trade organization with enforcement authority over national governments. A country's domestic standards cannot be more restrictive than international standards for trade. WTO seeks to “harmonize” individual domestic policies into uniform global standards and encompasses trade-related aspects of health, public safety, and environmental protection. These issues are transnational and pose enormous challenges to traditional governance structures. Most governments are not equipped to manage problems that transcend their borders. Moreover, international governance in social issues—with the possible exception of public health—is still in its infancy. Many groups are concerned that local public interests will be subjugated to global corporate interests. The article looks at the social ramifications of world trade policy and concludes that world trade must be balanced with sustainable environments and human health.
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Sasson, Monique. „Public Policy in International Commercial Arbitration“. Journal of International Arbitration 39, Issue 3 (01.06.2022): 411–32. http://dx.doi.org/10.54648/joia2022019.
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This article analyses the decisions on public policy contained in the Kluwer Arbitration database. The database includes more than 1,000 cases. Objections based on public policy have been raised in 44% of recognition and enforcement proceedings and in 38% of setting aside proceedings. The success rate of these objections was low, 19% and 21%, respectively. This article discusses the decisions in which these objections were successful, distinguishing between the three International Law Association categories: (i)‘violation of fundamental principles, procedural public policy, or substantive public policy’; (ii) ‘loi de police’; and (iii) ‘violation of international obligations’ (though there were no successful objections in this category). The article concludes that the Kluwer Research confirms that public policy should only be applied in a limited set of circumstances, though it also features a few exceptions to the narrow construction of the concept of public policy. public policy, procedural public policy, substantive public policy, recognition and enforcement, vacatur, setting aside, violation international obligations, due process, loi de police
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Qu, Guangyi, und Wei Shen. „Public Health and Investment Protection in the Context of the COVID-19 Pandemic—From the Sustainable Perspective of Exception Clauses“. Sustainability 14, Nr. 11 (26.05.2022): 6523. http://dx.doi.org/10.3390/su14116523.
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In response to the COVID-19 pandemic, various preventive and controlling measures have been taken by host states but may damage the interests of foreign investors and consequently result in international investment disputes. Confronted with potential international investment arbitration, the exceptions clause in international investment law is one of the host state’s defences. However, the public health exception clause is a general exception clause with uncertainty when investment arbitration takes place and investment arbitral tribunals interpret it. In the international society, sustainable development has gradually been recognized as a key principle in contemporary international law. Against this background, in the context of international investment, it is appropriate for host states to optimize the exception clauses in BITs or FTAs, thereby reducing the risk of arbitration concerning the host state’s regulatory measures to protect the public from the pandemic.
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Hariani, Anirudh. „Indian Arbitration and the Shifting Sands of Public Policy“. Asian International Arbitration Journal 16, Issue 2 (01.11.2020): 159–92. http://dx.doi.org/10.54648/aiaj2020020.
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The ‘public policy’ test is a statutory exception to the enforcement of arbitration awards. The doctrine has its roots in common law. At times, the test has been construed narrowly, and at other times, expansively. What actually constitutes and what is contrary to public policy, however, is never clear. This article seeks to trace the tumultuous development of the public policy doctrine in India, from its beginnings as a common law concept, to arrive at the current understanding of the doctrine and its parameters, in the context of Indian arbitration law. In the process, this article discusses the approach of Indian courts in limiting interference with foreign arbitration awards on the public policy ground. The author argues that it is necessary to further check the public policy exception in India, particularly in the context of enforcement of foreign awards and awards from international commercial arbitration, in view of the Indian government’s aim of making India a ‘hub of arbitration’. international, commercial, arbitration, India, public, policy, development, enforcement, foreign, award.
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Costa, Daniel Carnio, und Cristiano de Castro Jarreta Coelho. „Situações que Levariam à Incidência da Cláusula de Barreira da Ordem Pública na Insolvência Transnacional no Brasil – Art. 167-A, § 4º da Lei N. 11.101/2005, Introduzido pela Lei N. 14.112/2020“. REVISTA INTERNACIONAL CONSINTER DE DIREITO 14, Nr. 14 (30.06.2022): 387–98. http://dx.doi.org/10.19135/revista.consinter.00014.17.
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Brazil internalized UNCINTRAL’s Model Law through bill 14.112/2020, act that aims, among others, cooperation between the courts that deal with the insolvence of a cross-board company. However, it was also internalized the exception of public policy, mechanism that allows a brazilian judge deny recognition of a foreign insolvence suit that is manifestly contrary to the public policy. This paper is framed from a finding that the approval of that bill is an international commitment adopted by the country and that the exception of public policy is a compromise of the country with its own civilization standards. From this premise, our propose is, with an empiral methodology, construct examples of manifestly contrary to the public policy. The aim desired, therefore, is establish theorical models of an appropriate application of the public policy exception.
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Bansal, Chaman Lal, und Shalini Aggarwal. „Public policy paradox in enforcement of Foreign Arbitral Awards in BRICS countries“. International Journal of Law and Management 59, Nr. 6 (13.11.2017): 1279–91. http://dx.doi.org/10.1108/ijlma-09-2016-0079.
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Purpose The purpose of this paper is to analyze the specific legislative and judicial approaches of each of the BRICS countries toward recourse to public policy exception in the context of recognition and enforcement of foreign arbitral awards. Further, it points out the critical areas which need immediate attention to make these countries attractive destinations for parking of investments by international parties. Design/methodology/approach The study is a conceptual paper that provides knowledge of the critical areas which needs immediate attention to make BRICS countries attractive destinations for parking of investments by international parties. The first part of the paper examines a guide map to the international business community to devise their dispute adjudication strategies before committing investments in any of BRICS economies. The second part examined the variegated notions of the concept of public policy exception and the existence of differences in judicial approaches. The next parts analyzed the specific legislative and judicial approaches of each of BRICS countries toward recourse to public policy. Findings The BRICS countries need to spell out the universal principles applicable to construing the notion of public policy. It would reduce conflicts between national laws and help the municipal courts in determining the issue of enforceability of foreign awards by reference to a common yardstick. Hence, until a harmonized approach to public policy toward foreign awards is developed at an international level, the BRICS countries may take initiative to set up an inter-regional arbitration council to resolve intricate cases occurring in the field of application of public policy exception to foreign arbitral awards. Originality/value The paper is an original work of the author.
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Dar, Wasiq Abass. „Understanding Public Policy as an Exception to the Enforcement of Foreign Arbitral Awards“. European Journal of Comparative Law and Governance 2, Nr. 4 (11.11.2015): 316–50. http://dx.doi.org/10.1163/22134514-00204002.
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The paper, as the title suggests, aims at understanding and exploring the doctrine of public policy as a ground for refusing enforcement of foreign arbitral awards. Public Policy is one such ground provided in the New York Convention as well as in the uncitral Model Law, which is most often invoked in the national courts to challenge or refuse the enforcement of foreign arbitral awards. What makes it more complicated is the lack of common world-wide definition of public policy or practice on its application, as the same varies from State to State. The traces of ambiguity, subjectivity (at the hands of the courts in terms of interpretation of the concept), and unpredictability associated with the concept of public policy have at times significantly thwarted the effectiveness and efficiency of international commercial arbitration. This paper attempts to understand and explore the enigma of public policy as an exception to the enforcement of foreign arbitral awards. Apart from revisiting various scholarly works on this issue, interpretation of this concept by various judicial institutions across the globe (with special focus on India, Pakistan, Bangladesh and Sri Lanka) has been attempted, followed by a comparative analysis, to analyse its application on the ground. This paper argues and suggests that a more desirable method of interpreting public policy, i.e. narrow interpretation, is the need of the hour, keeping in consideration the growing demands of international trade and commerce.
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Narayan, Anand Vardhan, und Anand Swaroop Das. „Settling the Debate of Animal Welfare, Public Morals and Trade: In the Light of the EC-Seal Products Case“. Global Trade and Customs Journal 11, Issue 6 (01.06.2016): 267–79. http://dx.doi.org/10.54648/gtcj2016036.
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The EC-Seal Products is a case which caused considerable debate and attracted the greatest public attention in the recent years raising fundamental questions about trade liberalization, animal welfarism and pluralistic public morals under the World Trade Organization jurisprudence. The public policy implications of this unprecedented decision are far-reaching as both the Panel and the Appellate Body for the first time clarified that trade-restrictive regulatory measures qualify as exceptions under Article XX of the General Agreement on Trade and Tariffs (GATT) despite the fact that these measures contain their own exceptions which compromise the policy objectives of the same measures by taking into account other policy objectives. The European Union introduced the policy as a response to the moral outrage concerning the inhumane killing of seals. The decision readily acknowledges the importance of a blanket trade ban on grounds of animal welfare in an era of increasing globalized trade. The interpretative issues inter alia touched upon the legitimacy of the exceptions to the Seal Regulations and the scope of animal welfare vis-a-vis the public moral exception under Article XX (a) of the GATT. The present article critically analyses the Appellate Body ruling in the EC-Seal Products dispute in the light of the growing concern regarding animal welfare and the resulting legislations across the globe.
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Koepp, Johannes, und Agnieszka Ason. „An Anti-Enforcement Bias? The Application of the Substantive Public Policy Exception in Polish Annulment Proceedings“. Journal of International Arbitration 35, Issue 2 (01.04.2018): 157–71. http://dx.doi.org/10.54648/joia2018009.
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This article examines how Polish courts have dealt with annulment applications based upon purported violations of substantive public policy and measures the Polish jurisprudence against the standards developed by the national courts in England, France, Switzerland and Germany. It identifies an anti-enforcement bias of the Polish courts which, in sharp contrast to their European counterparts, still favour an expansive interpretation of the public policy exception and have surprisingly little qualms in engaging in a thinly veiled merits review with unclear boundaries. The markedly interventionist approach of the Polish judiciary encourages annulment applications, which both ill-serves the arbitral process generally and undermines recent efforts to promote Poland as a desirable seat for international arbitration specifically. A solution to these ills can only be found in a narrower interpretation of the substantive public policy exception, in harmony with the standards developed by the national courts in the major European arbitration centres.
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Marhold, Anna-Alexandra. „Unpacking the Concept of ‘Energy Security’: Lessons from Recent WTO Case Law“. Legal Issues of Economic Integration 48, Issue 2 (01.05.2021): 147–70. http://dx.doi.org/10.54648/leie2021009.
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‘Energy security’ is a crucial concept in international relations, as well as in international (economic) law. Although no international legal definition of this multi-layered notion exists, and the concept has been recognized as ‘vague’ in international relations literature, it remains a term that is used time and again by states when referring to measures taken in connection with safeguarding their national energy supply. This contribution identifies the various dimensions of the concept of energy security, after which it studies its role in international (economic) law and zooms in on the World Trade Organization (WTO). It critically assesses how the panel and Appellate Body (AB) have dealt with WTO Members’ arguments connected to energy security in two recent WTO disputes, India – Solar Cells and EU – Energy Package. The article demonstrates that while energy security concerns may be a valid basis for defending a Member’s measure, they will not hold if that measure is applied in a discriminatory manner. This may be problematic, as energy security concerns are frequently geo-political in nature and may be inherently discriminatory. The contribution also explains why ‘long-term energy security’ defenses are more likely to meet the threshold of the Article XIV(a) General Agreement on Trade in Services (GATS) public policy exception, rather than the ‘products in local short supply’ exception of Article XX(j) GATT. Energy Security, ECT, IEA, OPEC, PTAs, WTO, dispute settlement, public policy exception, local short supply
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Schluep, Alexandra, und D. Brian King. „Application of Article V of the New York Convention in the Netherlands“. Journal of International Arbitration 25, Issue 6 (01.12.2008): 759–70. http://dx.doi.org/10.54648/joia2008060.
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The enforcement of a foreign arbitral award in the Netherlands is rarely refused by the Dutch courts. In applying Article V of the Convention, the Dutch courts tend to interpret restrictively the grounds for refusing recognition and enforcement; in particular, application of the public policy exception contained in Article V(2)(b) is limited to violations of international public policy, most notably substantial due process violations in the underlying arbitration proceeding or violations of European competition law.
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Piir, Ragne. „Application of the Public Policy Exception in the Context of International Contracts – The Rome I Regulation Approach“. Juridica International 23 (29.11.2015): 26. http://dx.doi.org/10.12697/ji.2015.23.03.
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Colby, William E. „Public Policy, Secret Action“. Ethics & International Affairs 3 (März 1989): 61–71. http://dx.doi.org/10.1111/j.1747-7093.1989.tb00212.x.
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Exploitation of the executive exercise of covert operations has presented a dilemma, but Colby maintains that even in peacetime a “democratic society must have and respect some secrets.” Does democracy, by its inherent nature, preclude the employment of covert action, even under exceptional conditions? Colby argues that the constitutional decision-making process is an ethical and legal one. In wartime, a “just” war is the goal, and the use of covert action must be evaluated by two essential criteria: self-defense and proportionality to the act requiring self-defense.
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Lockhart, Charles. „American Exceptionalism and Social Security: Complementary Cultural and Structural Contributions to Social Program Development“. Review of Politics 53, Nr. 3 (1991): 510–29. http://dx.doi.org/10.1017/s0034670500015278.
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Although scholars routinely agree that a relative absence of socialism marks one way in which the United States is exceptional, they have argued over why we are distinct in this way. As representatives of an enduring comparative public policy issue, two “camps” of analysts have offered broad, competing explanations resting on cultural and structural variables, respectively. This article implements a strategy for demonstrating: (1) specific cultural and structural independent variables are applied most appropriately to explain specific aspects of policy development, and (2) cultural and structural contributions are thus complementary rather than competing. I proceed by focusing on an exception to the “laggard” character of the American welfare state, the unusual success of the social security program. Dealing with the obverse of the usual “why-America-lags” concern provides a more observable dependent variable, enabling us to highlight the actual operation of distinct cultural and structural forces. I then show how this strategy can be applied to broader questions of American exceptionalism and public policy development.
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Carabot, Myriam Benlolo. „Citizenship, integration, and the public policy exception: B and Vomero and K. and H.F.“ Common Market Law Review 56, Issue 3 (01.06.2019): 771–801. http://dx.doi.org/10.54648/cola2019055.
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LIMENTA, MICHELLE, BAYAN M. EDIS und OSCAR FERNANDO. „Disabling Labelling in Indonesia: Invoking WTO Laws in the Wake of Halal Policy Objectives“. World Trade Review 17, Nr. 3 (20.07.2017): 451–76. http://dx.doi.org/10.1017/s1474745617000167.
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AbstractThe 2014 Halal Product Assurance Act (Halal Act) is the first law in Indonesia requiring mandatory Halal certification and labelling. Local and foreign business entities, while in agreement that Halal assurance through certification and labelling is important for Muslim consumers, have expressed their anxiety over whether such requirements will mean extra costs, particularly for small and medium enterprises. At the same time, the mandatory labelling regime involves several WTO issues under the TBT Agreement, which raise questions regarding Indonesia's compliance with its obligations. As a defence, Indonesia could argue that its mandatory halal labelling measure falls under the exception for protecting ‘public morals’. The WTO panel in the US–Gambling dispute noted that the meaning of ‘public morals’ and ‘public order’ varied depending on a range of factors, including prevailing social, cultural, ethical, and religious values. Should the WTO allow all types of moral and religious belief, even if they restrict trade? How can public moral policy objectives be applied in ways that do not violate WTO law? This paper seeks to examine the WTO consistency of the new Indonesian Halal Act, and whether the public moral objective underlying mandatory halal certification/labelling can be defended as an exception in the context of the TBT Agreement.
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Dickson, Moses Oruaze. „Party autonomy and justice in international commercial arbitration“. International Journal of Law and Management 60, Nr. 1 (12.02.2018): 114–34. http://dx.doi.org/10.1108/ijlma-12-2016-0184.
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Purpose Party autonomy is a core tenet of the arbitral process which bestows certain contractual freedoms upon the disputing parties. This paper aims to utilise both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Design/methodology/approach Party autonomy is a core tenet of the arbitral process, which bestows certain contractual freedoms upon the disputing parties. However, in spite of its appeal as an unfettered right, it has been challenged by an array of exceptions that have rendered it largely unqualified in international commercial arbitration. This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Furthermore, approaches to party autonomy in two distinct legal systems, the Common law system in England and Sharia law in Saudi Arabia, are examined to ascertain the extent to which party autonomy has been hindered by these exceptions. Findings Arbitration continued to grow throughout the forgone centuries, with key philosophers, such as Aristotle, advocating the advantages of arbitration over litigation. In addition, the emergence of party autonomy occurred in the sixteenth century, with Dumoulin proposing that the parties’ will in contracts is sovereign. Thus, party autonomy began to develop into a significant aspect of contract law, which plays a pivotal role in arbitration. This is because the principle has its roots in the autonomous will of the parties to conduct the arbitral process as they wish. The paper explored the debate regarding party autonomy and its development into the contemporary world of arbitration. It examined its origins and how it has grown into the core fabric of arbitration today. Emphasis was provided in relation to the nature of the principle, which was highly relevant to the debate. This is because it is vital to appreciate issues such as freedom of contract to have a deeper insight into the principle and what it entails. The limitations of party autonomy were extensively examined, and the public policy exception was found to construe narrowly by a vast number of States. As a result, it was suggested that the exception should be more than merely a theoretical defence. Thus, it should be exercised where enforcement of an arbitral award would disregard unjust or improper results. Furthermore, the natural justice principle was observed as a double-edged sword that protected the parties in the arbitral process. However, it also hampered the effectiveness of party autonomy by impeding upon the parties’ freedom to contract, which ultimately limited the principle. Thus, it is concluded that the principle of party autonomy is not absolute. While it would be desirable if it was, certain issues cannot be resolved so easily. Limitations to party autonomy have existed since its inception and are most likely to continue. Although this is not the ideal situation for proponents of autonomy, it nevertheless appears to be the case. However, it is proposed that limitations to party autonomy should be chipped away as much as possible. This would enable the autonomy of the parties to be upheld at a much higher rate. Originality/value This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. Secondary sources were also used.
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CALLAHAN, ELLETTA SANGREY. „THE PUBLIC POLICY EXCEPTION TO THE EMPLOYMENT AT WILL RULE COMES OF AGE: A PROPOSED FRAMEWORK FOR ANALYSIS“. American Business Law Journal 29, Nr. 3 (September 1991): 481–517. http://dx.doi.org/10.1111/j.1744-1714.1991.tb00643.x.
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Gable, Lance, Brooke Courtney, Robert Gatter und Eleanor D. Kinney. „Global Public Health Legal Responses to H1N1“. Journal of Law, Medicine & Ethics 39, S1 (2011): 46–50. http://dx.doi.org/10.1111/j.1748-720x.2011.00565.x.
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Pandemics challenge the law and often highlight its strengths or expose its limits. The novel strain of influenza A (H1N1) virus that emerged in the spring of 2009 and rapidly spread around the globe was no exception. The H1N1 pandemic prompted the first significant application of a number of international legal and policy mechanisms that have been developed in the last decade to respond to this kind of event. Furthermore, it presented a considerable test for public health systems at all levels, from global to local.Although initial predictions forecasting high morbidity and mortality from this virus overestimated its eventual impact, the human toll of the pandemic was nevertheless significant. The World Health Organization (WHO) reported approximately 1.5 million people were infected worldwide in 214 countries, resulting in over 25,000 confirmed deaths, but the actual health impact of the outbreak was certainly much higher.
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Zevnik, Andreja. „A return of the repressed: Symptom, fantasy and campaigns for justice for Guantánamo detainees post-2010“. British Journal of Politics and International Relations 20, Nr. 1 (05.10.2017): 206–22. http://dx.doi.org/10.1177/1369148117734790.
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The article develops a theory of the symptom and argues for a symptomal analysis of contemporary political situations, in particularly those that resonate with exception. By focusing on Guantánamo detainees and habeas corpus petitions, the article analyses the language of law and public attitude towards the closure of the facility. The article shows how the legal situation of detainees post-2010 is determined not by the binary distinctions (identity/difference, normal/exceptional) but by attempts to eliminate these binaries and bring detainees under the normal rule of law. The attempts to bring the detainees under the normal rule of law are social fantasies, that is different narratives, which determine how we understand and engage with the law in Guantanamo. Fantasies are always fragmented at their core, and Al-Adahi case with the lack of public response to it reveals this fissure in the form of ‘the return of the repressed’. In doing so, the article shows how the overcoming of the exception is a fantasy of modern politics and points to the moment the repressed truth is revealed.
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Rasticova, Martina, und Jim Ogg. „EXTENDED WORKING LIFE POLICIES: INTERNATIONAL GENDER AND HEALTH PERSPECTIVES, EMPIRICAL AND POLICY LANDSCAPE“. Innovation in Aging 3, Supplement_1 (November 2019): S820. http://dx.doi.org/10.1093/geroni/igz038.3026.
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Abstract As populations age, extending the working life appears to be widely accepted and promoted by governments (OECD 2006; 2017). Without exception, all countries with modern economies have responded in one way or another to the financial challenges arising from increased life expectancy and ageing populations. Policies to extend working life are ubiquitous, each based on the premise that unsustainable pension systems must be reformed, and public spending reduced. Although there are diverse perspectives on extended working life, gender and health consistently prevail as key dimensions. To date, policies extending working life have not taken sufficiently into account these two dimensions. A clear example in the case of gender concerns the shift towards equality in retirement ages between men and women. In this presentation, we set the stage by presenting the empirical and policy landscapes across 34 countries that characterise the trend of extended working life from gender and health perspectives.
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Le Grand de Belleroche, Diane, und Lily B. Teague. „A plea against withholding rights under French law: a view from the international practice“. Revue critique de droit international privé N° 2, Nr. 2 (05.07.2021): 304–10. http://dx.doi.org/10.3917/rcdip.212.0304.
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“Introducing again a droit de prélèvement which would be available for all heirs of all nationalities would create a new exception to the conflict of law rules which have been adopted in the regulation, in contradiction with its objective. In addition, it is far from certain that the reintroduction of this droit de prélèvement would necessarily come within the scope of the exception of public policy under article 35 of the regulation […] Indeed |…] the regulation aims at providing a greater predictability in the area of succession law […] and this could lead the European Court of Justice to consider that a Member State could not systematically exclude any foreign law which would not organise forced heirship rights. The reintroduction of a droit de prélèvement would therefore lead to a great risk of annulment of the new rules by the European Court of Justice in proceedings for failure to fulfil an obligation, or in proceedings for a preliminary ruling.” 1
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Hornle, Julia. „Global social media vs local values: Private international law should protect local consumer rights by using the public policy exception?“ Computer Law & Security Review 34, Nr. 2 (April 2018): 391–97. http://dx.doi.org/10.1016/j.clsr.2017.08.008.
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MITCHELL, Andrew D., Tania VOON und Devon WHITTLE. „Public Health and the Trans-Pacific Partnership Agreement“. Asian Journal of International Law 5, Nr. 2 (22.08.2014): 279–309. http://dx.doi.org/10.1017/s2044251314000186.
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The Trans-Pacific Partnership Agreement (TPP) has an ambitious agenda and could radically reshape trade in the Asia-Pacific. At the same time, TPP obligations have the potential to significantly restrict the ability of governments to regulate in the interests of public health. This paper examines the impact the TPP could have on two areas of public health regulation—tobacco control and access to medicines. It concludes that a number of legitimate concerns arise from the known content of the TPP, that the inclusion of a general health exception would be the preferable means of safeguarding the regulatory space of governments in relation to public health, and that the United States’ proposals for stronger intellectual property protections be resisted. With negotiations shrouded in secrecy, TPP parties’ desires to promote international trade and investment must not overshadow the need of governments to be able to implement sensible and effective public health policy.
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Szabados, Tamás. „Constitutional identity and judicial cooperation in civil matters in the European Union – An ace up the sleeve?“ Common Market Law Review 58, Issue 1 (01.01.2021): 71–98. http://dx.doi.org/10.54648/cola2021004.
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The reliance on constitutional identity by EU courts and governments has been widely discussed in legal scholarship, but less attention has been devoted to the impact of constitutional identity-based arguments on the evolution of judicial cooperation in civil matters. Member States have increasingly relied on constitutional identity in the area of private international law to claim the application of their own law or reject the recognition of foreign situations. Constitutional identity can be invoked through the public policy exception, to avoid the normal operation of private international law rules. Member States can also refer to constitutional identity when staying outside the adoption of EU private international law rules, especially regarding family law. Constitutional identity can thus impede judicial cooperation in civil matters and contribute to the fragmentation of EU private international law. Constitutional identity does not grant unfettered freedom to Member States, however. The autonomous private international law rules of the Member States must respect EU fundamental principles if the situation demonstrates some connection to EU law and the public international law obligations assumed by the Member State concerned.
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Zgrabljić Rotar, Dora. „OVERRIDING MANDATORY PROVISIONS IN CROATIAN PRIVATE INTERNATIONAL LAW“. Pravni vjesnik 37, Nr. 3-4 (Dezember 2021): 81–100. http://dx.doi.org/10.25234/pv/13256.
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Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law Act is almost a verbatim copy of the definition provided in the Rome I Regulation on the law applicable to contractual obligations. The 1982 Croatian Private International Law Act did not provide for a definition of overriding mandatory norms but it was uniformly accepted in the scholarly interpretations that those types of mandatory norms were accepted by the Croatian private international law system. Moreover, the 1982 PIL Act included a substantive family law provision, which was, in essence, an overriding mandatory provision. However, Croatian courts and practitioners have been reluctant to refer explicitly to an applied norm as an overriding mandatory one. The reasons behind that might be that that the courts were better acquainted with the public policy exception, since public policy was explicitly mentioned in the 1982 PIL Act, as well as in some other legal acts. In addition, the legislator does not explicitly note that a provision is an overriding mandatory one in the provision itself, which leads to the outcome that the courts and other practitioners are burdened with a complex task of interpretation of a provision they think might be an overriding mandatory one. The author aims at providing guidelines to facilitate that task.
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López Zamora, Luis A. „Comentarios sobre el Orden Público Internacional en sede arbitral internacional, su funcionalidad y su interrelación con el Derecho internacional público = Some reflections regarding International Public policy in international arbitration, its functionality and its interdependence with Public International Law“. CUADERNOS DE DERECHO TRANSNACIONAL 10, Nr. 2 (05.10.2018): 516. http://dx.doi.org/10.20318/cdt.2018.4387.
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Resumen: El derecho del arbitraje internacional no es estrictamente internacional ni doméstico. A decir verdad, aquel cuerpo legal constituye un producto de la voluntad de las partes que han elegido resolver sus litigios mediante aquel tipo de mecanismo de solución de controversias. Ahora bien, aunque ello es así, dichas atribuciones presentan ciertos límites. Y es que, los laudos arbitrales internacionales formulados bajo aquellas libertades, son en estricto una forma de justicia privada y, como resultado de ello, los Estados en donde los mismos busquen ser ejecutados podrán rechazar su implementación en ciertas circunstancias. Una de aquellas circunstancias se produce cuando un laudo arbitral infringe el orden público (ordre public) del Estado donde éste busca ser ejecutado. Esta es una regla ampliamente reconocido, sin embargo, genera un problema. Y es que, la noción del orden público es contingente por naturaleza y, dado ello, ha sido necesario que su aplicación proceda solo en circunstancias excepcionales. Como resultado de esto, algunos académicos y tribunales estatales han tratado de formular una noción del orden público de tipo internacional con el fin de establecer un contenido más restrictivo a aquella excepción. Sin embargo, esta terminología ha sido construida solo como una forma de identificar una sub-sección del orden público estatal. Esto lleva a ciertas preguntas: ¿Está el arbitraje internacional y, sus instituciones, circunscritas a elementos puramente domésticos? ¿Dónde queda la faceta internacional de los contratos de comercio internacional y de inversiones si la excepción del orden público fuese a ser analizada desde un enfoque puramente estatal? Estas dudas han sido –tomadas en cuenta de alguna forma, en algunos sistemas legales, en donde el uso del orden público internacional ha sido estructurado en términos verdaderamente internacionales. Sin embargo, esto último también crea interrogantes a plantearse: ¿Qué implica hablar del orden público en el plano internacional? ¿Cuál es su contenido y, puede ser utilizado de forma práctica para excluir la ejecución de un laudo arbitral internacional? ¿Cuál es el rol del Derecho Internacional Público en todo esto? ¿Si el verdadero orden público internacional es utilizado, será aquel un punto de contacto entre el Derecho Internacional Público y el Derecho Internacional Privado? Estas y otras interrogantes serán tratadas en este espacio.Palabras clave: arbitraje internacional, orden público, orden público internacional, ejecución de laudos arbitrales, relación entre el derecho internacional público y el derecho internacional privado.Abstract: International arbitration is not domestic nor international in nature. In fact, the law applicable to that kind of proceedings can be considered a byproduct of the will of private parties. However, this wide attribution recognized to individuals have some limits. In this regard, it must be born in mind that arbitral awards represent a sort of private justice and, therefore, States requested to execute those kind of decisions can refuse their enforcement within their jurisdictions. One scenario that entails the non-enforcement of and arbitral award happens when the decision collides with the public policy (ordre public) of the State where is supposed to be implemented. This is widely recognized as a fundamental rule in international arbitration, nevertheless, a problem arises. The notion of public policy is contingent in nature and, because of that, it requires to be applied in very specific circumstances. That is why some academics and state tribunals have formulated the notion of international public policy as a term directed to narrow the content of that institution, but using to that end purely domestic legal content. In this sense, the term international public policy emerged as a merely sub-section of domestic public policy divested of any international meaning. In that context: ¿should international arbitration institutions (as the exception of ordre public), be understood by purely domestic elements? ¿Where would be the international aspect of international commercial contract or investment if the exception of public policy is analyzed by purely domestic constructions? Those doubts have pushed in some systems, the formulation of international public policy in truly international terms. This is somehow welcomed, however, this usage creates additional doubts: ¿What does a public policy of the international realm entail? ¿What is its content and, can that be used in practical ways to exclude the enforcement of and international arbitral award? ¿What is the role of Public International Law in all of this? ¿If truly international public policy is used by domestic tribunals, would that be a point of connection between Public International Law and Private International Law? These and other questions will be entertained in this paper.Keywords: international arbitration, public policy, international public policy, enforcement of arbitral awards, public international law – private international law relationship.
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D. C. Turner, Jonathan, und Thomas Howard. „Occupied Territories and the Exceptions to WTO and EU Rules on grounds of Public Morality, Public Order and Public Policy“. European Business Law Review 34, Issue 4 (01.06.2023): 695–722. http://dx.doi.org/10.54648/eulr2023035.
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This article discusses whether restrictions on trade with occupied territories imposed by national or sub-national authorities are permitted under exceptions to WTO and EU free trade rules on grounds of public morality, public order or public policy. The relevant provisions have a common origin and similarities in their terms. However, our analysis finds significant differences in their interpretation and application. Restrictions on trade with occupied territories are unlikely to be permitted on these grounds under WTO rules unless there is a strong justification for the restrictions in all the circumstances and they do not discriminate between different territories where relevant conditions are similar. By contrast, such restrictions are unlikely to be permitted under EU law if adopted unilaterally by an EU member state or sub-national authority. The different approaches and potentially different outcomes reflect the different priorities of the WTO and the EU. The primary objective of the WTO is to remove barriers and discrimination in international trade in a diverse global economy in which countries with differing values and alliances participate. By contrast, the highest priority of the EU is the integration of the economies and societies of its member states. Occupied territories, WTO, EU, free trade, exceptions, public morality, public order, public policy, discrimination, common commercial policy
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Newbury, Mary V. „Foreign Act of State“. Amicus Curiae 1, Nr. 1 (28.10.2019): 6–49. http://dx.doi.org/10.14296/ac.v1i1.5064.
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Foreign act of state, the principle that a domestic court will not ‘sit in judgment’ over the acts of foreign countries, is coming under increasing scrutiny, as illustrated by the recent case of Belhaj v Straw (2017). This article traces the emergence of the principle out of traditional rules of private international law that, according to Belhaj, continue to constrain the doctrine. The essay provides a practical guide to the doctrine for use by other judges, who will usually come across act of state in the context of a motion to dismiss or to strike out pleadings. The author reviews five key cases which have considered whether a ‘unifying’ doctrine exists apart from choice of law rules of private international law; whether the principle is one of jurisdiction, non-justiciability, or something different; and the nature of the ‘public policy’ exception. She suggests that the ‘disaggregation’ of act of state into four ‘rules’ posited in Belhaj will remain the organizing framework of the doctrine in the medium term—despite Lord Sumption’s attempts to condense it into one or two rules. She suggests the Supreme Court is departing from the notion of act of state as a broad and inflexible principle of jurisdiction and from the notion that courts should use it in cases where requested by the government to avoid embarrassment to its foreign policy. The author disagrees with the observation, made in Yukos Capital SAR v Rosneft Oil Co (2012), that non-justiciability—the notion that certain issues are inappropriate for domestic courts to adjudicate—has ‘subsumed’ act of state. Rather, it is doubtful that non-justiciability should continue to be regarded as part of the law of act of state. Whether act of state is restricted to acts taking place within the territory of the foreign state, whether it applies to all types of whether it applies to lawful as well as unlawful executive actions, or to judicial acts, still remain uncertain. The greater significance of Belhaj is seen to lie in the Court’s adoption of the public policy exception to act of state in certain circumstances. Five of the seven judges agreed that UK courts should adapt to modern conditions in the form of rules of public policy that are ‘sufficiently fundamental’ to distinguish the conduct in question (in Belhaj, alleged complicity in acts of torture) from other violations of international conventions.
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KARTTUNEN, MARIANNA, und MICHAEL O. MOORE. „India–Solar Cells: Trade Rules, Climate Policy, and Sustainable Development Goals“. World Trade Review 17, Nr. 2 (April 2018): 215–37. http://dx.doi.org/10.1017/s1474745617000647.
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AbstractIndia–Solar Cells is one of a growing number of WTO disputes that highlight the continuing tensions between climate change polices (and renewable energy manufacturing initiatives in particular) and established multilateral trading rules. The United States alleged that Indian policies discriminated against foreign solar cell suppliers operating in the Indian market. The Appellate Body broadly rejected India's arguments to justify the measure either under Article III.8 public procurement derogations or as a general exception under ‘short supply’ and ‘compliance with laws and regulations’ provision of Article XX of the GATT. We argue that the Appellate Body was correct both on legal and economic grounds. The case does highlight the continuing need for clarity about the allowed parameters for climate change policies within the multilateral trade system.
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Kuzina, Oxana E. „Modern public diplomacy of Germany in the USA“. Vestnik of Saint Petersburg University. International relations 16, Nr. 4 (2023): 385–401. http://dx.doi.org/10.21638/spbu06.2023.405.
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In the context of globalization, not only traditional, but also new ways and methods are required for the successful solution of foreign policy tasks. Modern Germany was no exception. Deprived of the resources of hard power for historical reasons, the state was particularly interested in introducing new tools for gaining influence in the international arena through public diplomacy. The purpose of the study is to identify the features of German public diplomacy and its capabilities in the implementation of foreign policy tasks in the United States. Firstly, the features of the German approach to public diplomacy are indicated. It is noted that the positive image of Germany is formed by the practical activities of a wide network of public diplomacy organizations that take into account the general strategies of the competent federal departments and, in particular, the German Federal Foreign Office. Secondly, the activities of the institutions of public diplomacy of Germany in the United States are analyzed. The main directions for bilateral cooperation are distinguished, namely culture, science and education, transatlantic values and economic cooperation. Thirdly, the question of their influence on the formation of a positive perception of the American population is raised. Their competitive advantages are provided by consistent, coordinated and open approaches. At the same time, the development of digital diplomacy in Germany is reduced to the creation of a large number of accounts for the representation of public diplomacy organizations in the United States without the active engagement of the population. The author concludes that at the present stage, the instruments of German public diplomacy in the United States are successful and have a positive impact on the perception of the state among the American population. However, with a radical change in the role of a junior partner in the international arena, the perception of Germany among Americans may worsen.
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Alibaba, Arzu, und Emine Kocano Rodoslu. „The Role of Public Policy in the Enforcement of Foreign Custody Judgments: An Example of Joint Custody in Turkish Law“. Sustainability 12, Nr. 5 (07.03.2020): 2060. http://dx.doi.org/10.3390/su12052060.
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Societies transfer their basic values to new generations through child custody within the family. Therefore, bringing up children in healthy families is beneficial to society. Despite the importance of maintaining the sustainability of the family, which is the basic unit of society, when family sustainability is not possible, a basic duty of the courts must be to provide the best custody model for the welfare of the child after the dissolution of a marriage. Studies have shown that children have a better psychological state and can more easily overcome the trauma of divorce when the courts rule for joint custody than when the courts rule for sole custody. Joint custody, provided for in many legal systems, is not regulated in Turkish law. Thus, requests for the enforcement of foreign joint custody judgments are rejected by Turkish courts for violating public policy. Turkish courts incorrectly consider foreign law, which provides different rules, as grounds for public policy intervention. In this study, it is found that Turkish courts can rule for joint custody by depending on international conventions. Within this framework, it is not possible to reject the enforcement of foreign joint custody judgments by depending on the public policy exception.
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Veselý, Arnošt, František Ochrana und Martin Nekola. „When Evidence is not Taken for Granted: The Use and Perception of “Evidence” in the Czech Republic Ministries“. NISPAcee Journal of Public Administration and Policy 11, Nr. 2 (01.12.2018): 219–34. http://dx.doi.org/10.2478/nispa-2018-0020.
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Abstract The role of evidence in policy-making is one of the most researched topics in public policy and public administration. However, surprisingly little research has been done on how public officials actually use evidence in everyday life practice. Moreover, these studies have been limited to countries that have been influenced by the evidence-based policy movement (EBP). Little is known about how the evidence is conceptualized and utilized in other countries which have not been so strongly influenced by EBP movement. This paper addresses this gap. Using a large-N survey on the Czech ministerial officials and in-depth interviews with them, we explore what is understood under the term of “evidence”, what kind of evidence is used and preferred by public officials and why. In doing so, we use four theoretical perspectives on the use of evidence. We show that despite the long-established tradition of using research in policy-making the importance of research evidence in the Czech Republic is far from being taken for granted. On the contrary, the immediate and personal experience is often preferred over the research findings. The exception to that are census-like statistical data and comparative data published by international organizations. We find some support for the two-communities metaphor, though these communities are not defined by their socio-demographic characteristics, but rather by their internal discourse and understanding of evidence.
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Tweedie, Jack, Dennis D. Riley, John E. Chubb und Terry M. Moe. „Should Market Forces Control Educational Decision Making?“ American Political Science Review 84, Nr. 2 (Juni 1990): 549–67. http://dx.doi.org/10.2307/1963535.
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In the December 1988 issue of this Review, John Chubb and Terry Moe presented data comparing public and private schools, and made an argument concerning “politics, markets, and the organization of schools.” Chubb and Moe argue that private schools outperform public schools because they are more autonomous, advantaged by market forces rather than democratic political control. Jack Tweedie takes vigorous exception to this conclusion, arguing that the evidence does not support Chubb and Moe's conclusions about the efficacy of market forces. Dennis Riley directly attacks the virtues of market control of institutional choices in educational policy making. Chubb and Moe find their critics unconvincing.
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Bogdanova, Iryna. „Targeted Economic Sanctions and WTO Law: Examining the Adequacy of the National Security Exception“. Legal Issues of Economic Integration 48, Issue 2 (01.05.2021): 171–200. http://dx.doi.org/10.54648/leie2021010.
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Individual states increasingly rely upon targeted economic sanctions to achieve their foreign policy goals. The legality of such unilateral sanctions remains debatable in public international law. However, their proliferation and possible negative repercussions encourage targeted states to question their legality before international tribunals, including the World Trade Organization (WTO) dispute settlement system. Against this backdrop, the article analyses three types of recently enacted unilateral targeted sanctions. In particular, sanctions imposed on human rights grounds (‘Magnitsky-style sanctions’), those targeting perpetrators of cyber-attacks, and sanctions impacting trade in information and communications technology and services (ICTS) (e.g.,Huawei sanctions) are discussed. The subsequent analysis focuses on the possible WTO-inconsistency of these economic restrictions. Following this, the possibility to justify such sanctions under the national security exception of Article XXI(b)(iii) of the General Agreement on Tariffs and Trade (GATT) is explored. The conclusion emphasizes that the national security exception cannot be used to justify all types of unilateral economic sanctions, even if these measures are introduced to address national security concerns. This conclusion not only demonstrates inevitable boundaries of the national security clause but also reinforces the general tendency of questioning the legality of unilateral economic sanctions. economic sanctions, national security, WTO, Magnitsky-style sanctions, cyber sanctions, information and communications technology and services, Huawei sanctions
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Harris, Troy L. „The “Public Policy” Exception to Enforcement of International Arbitration Awards Under the New York Convention—With Particular Reference to Construction Disputes“. Journal of International Arbitration 24, Issue 1 (01.02.2007): 9–24. http://dx.doi.org/10.54648/joia2007003.
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Hicks, Pete, und Páraic Kerrigan. „An intersectional quantitative content analysis of the LGBTQ+ catalogue in Irish public libraries“. Journal of Librarianship and Information Science 52, Nr. 4 (26.01.2020): 1028–41. http://dx.doi.org/10.1177/0961000619898212.
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LGBTQ+ youths in the Republic of Ireland report statistically higher levels of depression, anxiety and suicidal thoughts than their heteronormative peers, which can be attributed to bullying and homophobic rhetoric. Research indicates that community services, such as public libraries, can play a role in mitigating the mental health risks of this group. However, there is no formal policy within the Irish public library system directing the collection and provision of LGBTQ+ materials and services to anyone, let alone youths. Previous international studies have shown that, in the absence of a guiding intersectional collection development policy, LGBTQ+ library materials are overwhelmingly representative of the gay, white, adult male experience, to the detriment of other groups within the LGBTQ+ community. Conducting a quantitative content analysis of the Dublin City Council Public Library catalogue through the lens of intersectionality theory confirms that the Irish public library system is not an exception to this trend. Results indicate that catalogue materials containing LGBTQ+ metadata favor the adult, gay, male experience – as well as the youth, gay, male experience – over adult and young women. This trend is particularly noticeable among the eBook catalogue, an area that the Irish public library system has directly identified as a strategic target for collection development. Conclusions align with previous qualitative studies on LGBTQ+ provision in Irish libraries in that a comprehensive organizational policy document is needed to provide direction and enable funding for the development of the LGBTQ+ section of the library system’s catalogue.
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Samy, Martin, Henry Itotenaan Ogiri und Roberta Bampton. „Examining the public policy perspective of CSR implementation in Sub-Saharan Africa“. Social Responsibility Journal 11, Nr. 3 (03.08.2015): 553–72. http://dx.doi.org/10.1108/srj-02-2013-0009.
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Purpose – The purpose of this paper is to examine the public policy perspective of corporate social responsibility (CSR) implementation in Sub-Saharan Africa. There has been an increase in the number of countries adopting a national policy for CSR practice, particularly in the Western society. Despite the growing awareness about the role of government in CSR promotion, governments in Sub-Saharan Africa are yet to evolve policies that could help promote CSR in the region. As drivers of CSR, governments hold resources, like access to regulated parts of society that makes the inclusion of CSR opportunities relevant to strategic and operational management. From the extant literature, the role of government in defining and shaping the field of CSR is gaining wider acceptability. Design/methodology/approach – Using a qualitative research approach, this paper examines the current status of CSR implementation, particularly from the public policy perspective in selected Sub-Saharan African countries. Semi-structured interviews were conducted with policymakers and policy implementers. The study adopted a thematic analysis and developed a rigorous phenomenological design to reveal the insights to CSR policy-making. Findings – The findings established that the status of CSR implementation in Sub-Saharan Africa is influenced by absence of national CSR policy, CSR being mainstreamed in government constitution and CSR being a company initiative action to comply with international code of business conduct. Practical implications – The results of this study could have policy implications for both executive and MPs of national governments for CSR regulatory policies. Originality/value – In most developing countries, including Sub-Saharan African countries, the aforementioned institutional conditions are often an exception. There are both no legal and regulatory frameworks for Multinational Corporation activities and their socio-ecological impact, or such regulations may exist but are not adequately enforced (Rwabizambuga, 2007). This situation, unfortunately, has created a huge reporting gap between what organisations do and what they report regarding CSR. Hence, this original study adds to the body of knowledge for this region by revealing the central issues around the phenomenon.
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Valverde Martínez, María José, und Javier Carrascosa González. „Poligamia en Marruecos y pensión de viudedad en España. El Tribunal Supremo y el orden público internacional atenuado = Poligamy in Morocco and pension in Spain. The Spanish Supreme Court and the public policy exception“. CUADERNOS DE DERECHO TRANSNACIONAL 10, Nr. 2 (05.10.2018): 718. http://dx.doi.org/10.20318/cdt.2018.4396.
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Resumen: El presente trabajo expone y analiza los criterios de solución empleados por el Tribunal Supremo para dar respuesta a la cuestión de saber si dos mujeres, viudas de un sujeto legalmente casado con ambas en Marruecos, pueden ser beneficiarias de la pensión de viudedad generada por dicho sujeto. El Tribunal Supremo acoge e implementa la tesis del orden público internacional atenuado. Lo hace al margen de todo convenio internacional y de todo precepto legal porque entiende que el orden público atenuado protege los fundamentos jurídicos de la sociedad española y permite, al mismo tiempo, que un matrimonio legalmente celebrado en Marruecos, surta ciertos efectos legales en España. En particular, admite que ambas esposas puedan ser consideradas beneficiarias, a partes iguales, de la pensión de viudedad española.Palabras clave: orden público internacional, pensión de viudedad, poligamia, Derecho internacional privadoAbstract: This paper deals with the criteria used by the Supreme Court of Spain in order to answer the question of whether two women, widows of the same husband, both legally married in Morocco, can be regarded as beneficiaries of the widow’s pension generated by their husband. The Supreme Court of Spain implements a mitigated public policy effect even though no international convention applies to the case. Once guaranteed that the legal foundations of Spanish society are safe, the Spanish Supreme Court activates an attenuated public policy to allow some legal effects of a marriage legally celebrated in Morocco. Among them, the court admits that both wives can be considered beneficiaries, in equal parts, of the Spanish widow’s pension.Keywords: public policy, widow’s pension, polygamy, private international law.
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Peng, Shin-yi, und Han-wei Liu. „The Legality of Data Residency Requirements: How Can the Trans-Pacific Partnership Help?“ Journal of World Trade 51, Issue 2 (01.04.2017): 183–204. http://dx.doi.org/10.54648/trad2017008.
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Article 14.13 of the Trans-Pacific Partnership (TPP) Agreement – the data localization (DL) clause – represents the first time that a far-reaching preferential trade agreement (PTA) seeks to reduce protectionism arising from data residency (DR) requirements. The DL clause, however, is linked to a loose GATT Article XX-like exception: Article 14.13(3)(b), which allows the parties to maintain DR measures to achieve a legitimate public policy objective as long as the measure in question can satisfy the ‘necessity test’. The ambiguity of the DL exception will be clarified by TPP tribunals when a real dispute occurs. After examining the rationales of the DR measures in the context of the necessity test, we find that the responding party invoking a DL exception will have strong arguments, especially when defending Types II and III of the DR measures. Arguments could be made that there is a genuine relationship between the ends, i.e. privacy protection, and the means, i.e. the DR measures. In addition, the responding party invoking a DL exception in a potential dispute would undoubtedly argue that the Mutual Legal Assistance Treaty (MLAT) cannot qualify as a ‘genuine alternative’, because the proposed measure must not only be ‘less trade restrictive’ than the DR measures, but should also ‘preserve for (the responding party’s) right to achieve its desired level of protection’ with respect to law enforcement or a criminal investigation. Based upon our findings, we argue that with regard to Trade in Services Agreement (TiSA) and Transatlantic Trade and Investment Partnership (TTIP) negotiations on e-commerce, the major challenge of trade negotiators is the disciplinary fragmentation of global economic regulation. The DR issues in question confirm that international economic law (IEL) correlates to other areas of law. Future negotiations require more collaborative and interdisciplinary solutions through productive dialogue with experts in private international law and criminal procedure law. True and substantial changes in the theories and practices of Internet jurisdiction would allow us to argue for a more narrow interpretation of the DL exception – rendering it more difficult to satisfy the necessity test.
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Tonolo, Sara. „Adoption v. Surrogacy: New Perspectives on the Parental Projects of Same-Sex Couples“. Italian Review of International and Comparative Law 1, Nr. 1 (15.10.2021): 132–45. http://dx.doi.org/10.1163/27725650-01010007.
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Abstract In Italy all forms of surrogacy are forbidden, whether it be traditional or gestational, commercial or altruistic. Act n. 40 of 19/2/2004, entitled “Rules about medically-assisted reproduction”, introduces a prohibition on employing gametes from donors, and specifically incriminates not only intermediary agencies and clinics practising surrogacy, but also the intended parents and the surrogate mother too. Other penal consequences are provided by the Criminal Code about the registration of a birth certificate where parents are the intended ones, as provided by the lex loci actus (art. 567 of the Italian Criminal Code, concerning the false representation or concealment of status). Apart from the mentioned criminal problems, several aspects of private international law are involved. In the cases where national rules forbid the transcription of birth certificates for public policy reasons, specifically the prohibition of surrogacy, Italian Judges often seek solutions to enforce the status filiationis. In this case, the Italian Supreme Court intervenes in the debate, allowing the recognition of a foreign adoption order related to a procedure of surrogate motherhood in favour of a same-sex couple. Focusing on the recent evolution of the notion of international public policy the Supreme Court affirms that the inherent adoptive parental status acquired by a homogenitorial couple is not contrary to international public policy, when the effects of the act from which this status derives are not incompatible with the limits that cannot be exceeded constituted by the founding principles of the relational choices between intended parents and child (Article 2 of the Constitution, Article 8 ECHR), by the Best interest of the child as codified in the Italian Law 219/2012, by the principle of non-discrimination, by the principle of solidarity that is the basis of social parenting. Splitting the problem of the surrogacy, underlying the adoption order to recognize in this case, and narrowing the public policy exception, is highly evident the risk to suggest to same-sex couples to realize their parental projects putting in place the surrogacy within the legal systems where contemporary it is possible to carry out the adoption of the child born as a result of this procedure.
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Leite de Almeida, Constança Martins, Semida Silveira, Erik Jeneulis und Francesco Fuso-Nerini. „Using the Sustainable Development Goals to Evaluate Possible Transport Policies for the City of Curitiba“. Sustainability 13, Nr. 21 (05.11.2021): 12222. http://dx.doi.org/10.3390/su132112222.
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Cities across the world are becoming more engaged in tackling climate change and contributing to the achievement of international agreements. The city of Curitiba in Brazil is no exception. In December 2020, the city published PlanClima (Plano Municipal de Mitigação e Adaptação às Mudanças Climáticas), a climate plan developed with local and international organizations. PlanClima aims to guide policies and actions to mitigate and adapt to climate change. This study focuses on selecting and qualitatively evaluating transport policies that contribute to the city’s 2030 climate and Sustainable Development Goals (SDGs). With PlanClima’s analysis for the transport sector in mind, nine targets for 2030 are identified and connected to different transport policies. To evaluate the possible interactions between the policies and the different dimensions of the SDGs, four types of linkages were designed: essential, uncertain, limited, and opposite. These categories were developed to evaluate the several dimensions in which a policy can have a positive or negative impact. The results show that the implementation of zero emission zones/low emission zones, green public procurement, subsidy schemes for the uptake of clean vehicle technology, and the digitalization of the transport system through smarter public transport and digital platforms that couple bike sharing, taxis, and public transport are some of the measures that can contribute to the achievement of Curitiba’s targets and ensure a positive impact on the sustainable development of the city. The study highlights how different policy instruments can contribute to achieve the city’s targets, thus providing guidance to policymakers.
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De Wet, Erika. „The Case of Government of the Republic of Zimbabwe v Louis Karel Fick: A First Step towards developing a Doctrine on the Status of International Judgments within the Domestic Legal Order“. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, Nr. 1 (21.04.2017): 565. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2258.
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The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1) of the Protocol on the SADC Tribunal). As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts). The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a “foreign judgment” can be denied where it would result in a violation of domestic public policy. The public policy exception does not, however, fit well in a regime based on public international law, which does not permit States to use their domestic law as an excuse for not implementing their international obligations.
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Kukavčić, Jasena, Ivo Bićanić und Vjerana Spajić. „The Post Recession Growth Prospects of South East European Economies“. Southeastern Europe 34, Nr. 2 (2010): 193–230. http://dx.doi.org/10.1163/187633310x507475.
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AbstractThis paper starts with a discussion of how the world recession as an external shock influenced the already vulnerable South East European (SEE) economies. All countries except Albania and Kosovo experienced a recession as well as a termination of the foreign debt based heating-up that generated high growth rates after 2000. The paper provides an overview of states' policy responses, with individual countries surveyed in the appendix. We argue that, with the exception of Albania, all SEE economies started with a fiscal expansion, which coincided with elections in which the existing governments were not re-elected. This was followed by public finance crises, fiscal consolidation and more active monetary policy which averted a financial crisis, with only three of these economies turning to the IMF for help. Nevertheless, the cumulative effect was an extended trough. The paper then discusses the recession's impact on growth in terms of three growth projections derived from historical experience and two ad hoc benchmarks. We examine the consequences of returning to a lower post recession growth trajectory and calculate the time required to return to secular growth and achieve chosen benchmarks. The conclusion for both is that convergence time varies from less than a decade to no convergence before 2040, with the exception of Albania.
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Twardoch, Paulina, und Agata Kozioł. „10 Years of Application of the Polish Act on Private International Law of 2011“. European Review of Private Law 30, Issue 4 (01.09.2022): 581–612. http://dx.doi.org/10.54648/erpl2022029.
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The article presents the Polish courts’ application of the national Private International Law Act 2011 (PIL 2011) during the 10 years it has been in force. The analysis of jurisprudence is supplemented with observations on recent developments in Polish doctrine. The authors discuss correct and erroneous solutions adopted by courts, which are illustrated by provided examples of judgments regarding diverse legal issues. The article deals with mistakes consisting in ignoring the need to search for the applicable law. It also concerns, on the one hand, faulty perceptions and applications of newly introduced instruments (such as the so-called informative provisions or new conflict rules concerning issues that have not been regulated before in the conflictof- laws sphere) or of instruments shaped differently than in the past (such as renvoi). On the other hand, it considers problems that emerged in relation to mechanisms that are well known to Polish judges (such as the public policy exception). Challenges relating to delimiting PIL 2011 from other sources of PIL are also discussed.
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Balasubramanian, Siva K., und Catherine Cole. „Consumers' Search and Use of Nutrition Information: The Challenge and Promise of the Nutrition Labeling and Education Act“. Journal of Marketing 66, Nr. 3 (Juli 2002): 112–27. http://dx.doi.org/10.1509/jmkg.66.3.112.18502.
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Four studies investigate the Nutrition Labeling and Education Act's (NLEA's) impact on how consumers use nutrition information. Field and laboratory studies compare, but do not detect any changes in, consumers' search for nutrition information or their recall of this information in the pre- and post-NLEA periods. However, the search activities of a select group (highly motivated and less knowledgeable consumers) benefited more from the NLEA than did other groups. Additional results from the field and lab studies indicate that the NLEA changed attention to negative nutrition attributes (such as fat and sodium, of which less is better) more than it changed attention to positive attributes such as calcium and vitamins. Analyses of scanner databases confirm this trend (with the exception of calories). Focus group results also reflect these findings. The authors discuss implications for public policy, management, academic research, and consumer welfare.