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Journal articles on the topic 'Exception d’ordre public international'

Author: Grafiati

Published: 4 June 2021

Last updated: 18 May 2024

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1

Shulakov, A. A. "Public order in international private law — rule or exception?" Courier of Kutafin Moscow State Law University (MSAL)), no. 3 (June 14, 2021): 149–59. http://dx.doi.org/10.17803/2311-5998.2021.79.3.149-159.

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2

de Oliveira, Leonardo V. P., and Isabel Miranda. "International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil." Journal of International Arbitration 30, Issue 1 (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 o

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3

Jordans, Roman, and Joyiyoti Misra. "Confidentiality in International ArbitrationAn Introspection of the Public Interest Exception." Journal of International Arbitration 23, Issue 1 (2006): 39–48. http://dx.doi.org/10.54648/joia2006003.

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4

Junita, Fifi. "Judicial Review of International Arbitral Awards on the Public Policy Exception in Indonesia." Journal of International Arbitration 29, Issue 4 (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 alle

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5

Qu, Guangyi, and Wei Shen. "Public Health and Investment Protection in the Context of the COVID-19 Pandemic—From the Sustainable Perspective of Exception Clauses." Sustainability 14, no. 11 (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

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6

Parent, Alain. "La libération de la caution par la mise en oeuvre de l’article 2363 du Code civil du Québec : de la théorie à la pratique." Les Cahiers de droit 47, no. 3 (2005): 515–37. http://dx.doi.org/10.7202/043896ar.

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L’article 2363 du Code civil du Québec (C.c.Q.) est une exception au principe de la force obligatoire du contrat qui permet à la caution d’être libérée de son engagement lorsqu’elle cesse d’occuper des fonctions particulières. Cette disposition, qui ne s’applique qu’au cautionnement continu, n’est pas d’ordre public, les parties pouvant y renoncer par une convention contraire. Trois conditions sont nécessaires afn que cet article puisse être mis en oeuvre, soit que la caution exerce des fonctions particulières, que ces dernières soient attachées au cautionnement et qu’il y ait cessation de ce

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7

Plouffe-Malette, Kristine. "Public Morality Exception at the WTO: Much Ado About Nothing?" Journal of World Trade 55, Issue 3 (2021): 453–76. http://dx.doi.org/10.54648/trad2021019.

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Public morality is one of the stated objectives for which WTO Members may seek to justify a measure that impedes trade. The value of considering this single objective is twofold. First, while all six trade disputes relating to the public morality exception have passed the public morality test, no measure has passed both the necessity test and the test in the chapeau paragraph. Second, it is questionable whether it is possible for a panel or the Appelate Body (AB) to recognize a measure as being of public morality. Moreover, if the EC – Seal Products dispute is the focus of the morality excepti

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Costa, Daniel Carnio, and 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, no. 14 (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 civilizat

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9

Bansal, Chaman Lal, and Shalini Aggarwal. "Public policy paradox in enforcement of Foreign Arbitral Awards in BRICS countries." International Journal of Law and Management 59, no. 6 (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 destinat

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10

Ranganathan, Surabhi. "THE TORTURE EXCEPTION TO IMMUNITY FROM CIVIL SUIT." Cambridge Law Journal 74, no. 1 (2015): 16–19. http://dx.doi.org/10.1017/s000819731500015x.

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THE European Court of Human Rights' (ECtHR) judgment in Jones and others v U.K. (2014) 59 E.H.R.R. 1 is the latest word on a long-running debate about whether public international law excludes foreign State immunities before domestic courts in civil proceedings relating to the violation of jus cogens norms, particularly the prohibition against torture. The case joined applications by Mr. Jones and Messrs. Mitchell, Sampson and Walker, all British (or dual) nationals, alleging that the UK's grant of immunity to Saudi Arabia (in Mr. Jones's case) and to Saudi Arabian public officials (in both ca

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11

Hariani, Anirudh. "Indian Arbitration and the Shifting Sands of Public Policy." Asian International Arbitration Journal 16, Issue 2 (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

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12

Du, Ming. "Permitting Moral Imperialism? The Public Morals Exception to Free Trade at the Bar of the World Trade Organization." Journal of World Trade 50, Issue 4 (2016): 675–703. http://dx.doi.org/10.54648/trad2016028.

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The objective of this article is to critically review the case law on public morals exception in the multilateral trading system and argue against the World Trade Organization (WTO) Appellate Body’s exceedingly deferential approach to the meaning and identification of public morals in international trade disputes. Admittedly, the WTO Appellate Body’s judicial minimalism approach to trade dispute settlement has so far prevented it from making any broad claims about public morals exception. Nevertheless, I argue that the Appellate Body has already waded into treacherous waters. Going forward, th

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13

Loos, Gregory P. "Trade Policy and Public Goods." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 13, no. 1 (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

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14

Schebesta, Hanna. "Does the National Court Know European Law? A Note on Ex Officio Application after Asturcom." European Review of Private Law 18, Issue 4 (2010): 847–80. http://dx.doi.org/10.54648/erpl2010064.

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Abstract: This article examines the Asturcom judgment of 6 October 2009 from the angle of ex-officio application of European law, specifically in terms of procedural autonomy, public policy, and international arbitration. In Asturcom, the ECJ was confronted with enforcement proceedings of a final arbitration award made in the absence of the consumer based on an arbitration agreement that contained a potentially unfair term. The ECJ examined the national rule under the principle of procedural autonomy in the form of the effectiveness and equivalence tests. It extended the use of the ‘contextual

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15

APARAC, Jelena. "Business and Armed Non-State Groups: Challenging the Landscape of Corporate (Un)accountability in Armed Conflicts." Business and Human Rights Journal 5, no. 2 (2020): 270–75. http://dx.doi.org/10.1017/bhj.2020.8.

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AbstractEconomic and armed non-state actors increasingly operate through their transnational activities. International public law excludes them from any international regulation or accountability process. International humanitarian law (IHL, the law of war) as a branch of international public law is an exception to this because it also regulates the behavior of non-state actors. Recent developments pertaining to the potential liability of business entities for involvement in international crimes, particularly when related to the activities of ANSGs challenge the traditional doctrine of interna

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16

Delev, Christian. "A Moral Stretch? US–Tariff Measures and the Public Morals Exception in WTO Law." World Trade Review 21, no. 2 (2021): 249–60. http://dx.doi.org/10.1017/s1474745621000525.

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AbstractThe ‘public morals’ exception remains a key aspect of the international trade system; however, its outer bounds have never been precisely defined. This question became pertinent in the US–Tariff Measures panel report, which expansively read the exception to justify a wide range of economic interests, including prohibitions on economic espionage, anti-competitive behaviour, and the regulation of government takings. This note challenges the panel's interpretation, arguing that it is flawed and essentially amounts to a factual standard of review. It proposes an alternative approach to pub

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17

Gruszczak, Artur, and Roderick Parkes. "Re-Visioning Borders: Mobility, Connectivity, and Spaces of Exception." Politics and Governance 10, no. 2 (2022): 235–38. http://dx.doi.org/10.17645/pag.v10i2.5763.

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Already, the 21st century has seen an unprecedented increase in cross-border movements of people, goods, information, and financial capital. Numerous incentives and facilitators have expanded international interconnectedness and mobility, so altering the conventional nature and functions of state borders, as captured by the “new mobilities” paradigm. Yet the weaponization of global economic interdependencies and other trends towards deglobalization mean there is now a growing pressure on governments to re-establish the conventional attributes of borders. Against the current mobility and securi

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18

Marhold, Anna-Alexandra. "Unpacking the Concept of ‘Energy Security’: Lessons from Recent WTO Case Law." Legal Issues of Economic Integration 48, Issue 2 (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 W

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19

Bonfanti, Angelica. "Can Trade Liberalization Enhance Freedom of Expression? A WTO Perspective on Censorship." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 3 (December 2012): 461–74. http://dx.doi.org/10.3280/dudi2012-003001.

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Pursuant to their WTO commitments, Member States shall liberalize trade in goods, services and intellectual property rights, without any exceptions apart from those expressly provided by the covered agreements. Among them is the public morals exception. This paper aims to assess whether the implementation of the WTO commitments may have the effect of removing the filters imposed by some States through censorship, and whether the liberalization of international trade may contextually function as a means for enhancing freedom of expression. In so doing the paper examines how the public morals ex

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20

Selim, Ismail. "Egyptian Public Policy as a Ground for Annulment and Refusal of Enforcement of Arbitral Awards." BCDR International Arbitration Review 3, Issue 1 (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-fr

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21

Dar, Wasiq Abass. "Understanding Public Policy as an Exception to the Enforcement of Foreign Arbitral Awards." European Journal of Comparative Law and Governance 2, no. 4 (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

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Cope, Greg. "International Educational Standards for Homeoprophylaxis." Homœopathic Links 29, no. 02 (2016): 113–16. http://dx.doi.org/10.1055/s-0036-1583938.

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Homeopathic education standards are regulated by a range of variable practices in different countries. Professional organisations commonly regulate courses without statutory support for this task. Statutory enforcement of educational standards (with/without statutory registration of practitioners) is relatively uncommon. The development of professional standards in homeopathic education has increased in recent decades; however, most systems remain voluntary and provide guidance rather enforce requirements. Educational standards include a significant degree of commonality in homeopathic knowled

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23

Alvarez-Jiménez, Alberto. "PUBLIC HEARINGS AT THE WTO APPELLATE BODY: THE NEXT STEP." International and Comparative Law Quarterly 59, no. 4 (2010): 1079–98. http://dx.doi.org/10.1017/s002058931000045x.

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The WTO Appellate Body has so far authorized public appeal hearings as the exception, not the rule: it is limited to those instances in which the main parties request it. Such authorization constitutes a very positive development for the WTO dispute settlement system, for it enhances the transparency of the system at its highest stage. Indeed, the Appellate Body is becoming a leading actor in the formation of international law1 owing to the fact that it is the most active international court of the world, the relevance of the issues it deals with and the fact that it is at the apex of a disput

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24

Du, Ming. "How to Define Public Morals in WTO Law? A Critique of the Brazil - Taxation and Charges Panel Report." Global Trade and Customs Journal 13, Issue 2 (2018): 69–74. http://dx.doi.org/10.54648/gtcj2018010.

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The Brazil – Taxation and Charges panel report has rekindled a long-standing debate over the scope and meaning of the public morals exception in the GATT/WTO legal system. This article offers two criticisms of the panel report. First, the report has set an exceedingly low threshold for the identification of public morals. Second, the Panel ’ s hands-off approach is likely to trigger a slippery slope risk of what sorts of objectives could be properly called ‘ public morals ’ .

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Abujidi, Nurhan. "The Palestinian States of Exception and Agamben." Contemporary Arab Affairs 2, no. 2 (2009): 272–91. http://dx.doi.org/10.1080/17550910902857034.

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This paper questions the applicability of Giorgio Agamben's understanding and articulation of the ‘State of Exception’ concept in the Occupied Palestinian territories. Through a detailed analysis of the Palestinian spatial conditions, it presents the different hierarchies, forms and experiences of exception Palestinians confront in their daily lives. It classifies four States of Exception: the State of Exile and Refuge; the State of Paradox; the State of Occupation and Siege: and the State of Urbicide. A detailed analysis of the States of Occupation, Siege and of Urbicide to demonstrate the se

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Le Grand de Belleroche, Diane, and 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, no. 2 (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 co

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Fellmeth, Aaron, and Nourin Abourahma. "The Human Right to Suicide under International Law." Human Rights Law Review 21, no. 3 (2021): 641–70. http://dx.doi.org/10.1093/hrlr/ngab010.

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Abstract Suicide is a major global public health problem, but rarely is the subject viewed as a human right. With the sole exception of the European Court of Human Rights (ECtHR), no international authority has taken a strong position on whether a human right to suicide exists. Even that court’s jurisprudence goes no further than intimating that such a right falls within the scope of the human right to private life. This essay tackles the question of whether there is a human right to suicide under existing international law and, if so, what are its sources and limits. It concludes with an anal

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Koepp, Johannes, and 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 (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 interventionis

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Perrone, Roberto. "Public Morals and the European Convention on Human Rights." Israel Law Review 47, no. 3 (2014): 361–78. http://dx.doi.org/10.1017/s0021223714000144.

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The protection of ‘morals’ appears frequently as a limitation on the exercise of fundamental rights, both in international covenants and in constitutional charters. The European Convention for the Protection of Human Rights is not an exception, and ‘public morals’ may be called upon to justify the restriction of several important rights granted by the Convention, such as freedom of expression or the right to respect for private and family life. To avoid arbitrary restrictions of these rights it is important to understand the meaning of this general clause. This article aims to suggest a readin

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Schluep, Alexandra, and D. Brian King. "Application of Article V of the New York Convention in the Netherlands." Journal of International Arbitration 25, Issue 6 (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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Gable, Lance, Brooke Courtney, Robert Gatter, and 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 thi

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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 (November 29, 2015): 26. http://dx.doi.org/10.12697/ji.2015.23.03.

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LIMENTA, MICHELLE, BAYAN M. EDIS, and OSCAR FERNANDO. "Disabling Labelling in Indonesia: Invoking WTO Laws in the Wake of Halal Policy Objectives." World Trade Review 17, no. 3 (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. A

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POP, Andreia Mariana. "DIGITAL DIPLOMACY APPROACHED AS A SUBTYPE OF PUBLIC DIPLOMACY." STRATEGIES XXI - Security and Defense Faculty 17, no. 1 (2021): 251–57. http://dx.doi.org/10.53477/2668-2001-21-31.

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As a subtype of new Public Diplomacy, Digital Diplomacy is considered one of the major trends of the twenty-first century in diplomatic communication and during the Covid-19 pandemic this aspect was reiterated. The importance of Digital Diplomacy is based on the usage of communication technologies, the internet and social media, which at the same time represent its base, for the strengthening of the diplomatic relations. Covid-19 has disrupted almost every aspect of life and diplomacy is no exception. Today, Digital Diplomacy has become a standard practice and we have to mention that it doesn`

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Cedeño Cevallos, Carlos. "Estados de excepción y la lucha contra las inmunidades del poder: COVID-19 en Ecuador." Cuestiones Políticas 41, no. 76 (2023): 662–81. http://dx.doi.org/10.46398/cuestpol.4176.39.

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The general objective of the research consists of relating the states of exception with the doctrine of administrative law, exposed by García de Enterría (2016), called fight against the immunities of power, in order to conceptualize the decrees with force of law on states of exception; with special reference to the decrees with force of law on states of exception for public calamity pandemic COVID-19, issued by the President of the Republic of Ecuador throughout the national territory, during the period from March 17, 2020 to September 1, 2020. The methodology refers to the documentary resear

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Ife Ogbonna, J. "Protecting Human Rights as Public Morals under the General Agreement on Tariffs and Trade (gatt) 1994." International Human Rights Law Review 3, no. 1 (2014): 97–121. http://dx.doi.org/10.1163/22131035-00301006.

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This article analyses the acceptance of the concept of ‘public morals’ as a legitimate objective grounded in the importance of internationally recognised human rights instruments and worthy of protection by a Panel of the World Trade Organisation (wto) in the case European Communities – Measures Prohibiting the Importation and Marketing of Seal Products. It analyses how the General Exception clause to the General Agreement on Tariffs and Trade (gatt) Article XX(a) was successfully used to defend a regulatory measure and concludes by endorsing a symbiotic relationship between wto Agreements and

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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 (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

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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 (2019): 771–801. http://dx.doi.org/10.54648/cola2019055.

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MITCHELL, Andrew D., Tania VOON, and Devon WHITTLE. "Public Health and the Trans-Pacific Partnership Agreement." Asian Journal of International Law 5, no. 2 (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

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Gillespie, John. "Localizing Global Rules: Public Participation in Lawmaking in Vietnam." Law & Social Inquiry 33, no. 03 (2008): 673–707. http://dx.doi.org/10.1111/j.1747-4469.2008.00118.x.

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As the pace of legal harmonization in developing East Asian states increases to comply with international trading treaties, a disjunction is forming between legislative expectations and everyday business practices. Evidence considered in this article suggests that Vietnam is no exception. State control over public discourse favors the interests of business elites, while small-scale entrepreneurs struggle to make their views known. Lawmakers exposed to this asymmetric discourse rarely adjust global legal rules to suit the transactional requirements of small-scale entrepreneurs. As a consequence

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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 (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 la

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Trigg, Robyn. "United Kingdom Patent Decisions 2020." IIC - International Review of Intellectual Property and Competition Law 52, no. 3 (2021): 296–318. http://dx.doi.org/10.1007/s40319-021-01036-y.

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AbstractThis report highlights a selection of the most important UK patent decisions from 2020, including: two Supreme Court judgments (one concerning insufficiency and one concerning FRAND); two Court of Appeal judgments (considering SPC fees and Arrow declarations); and four High Court judgments (regarding the Crown use exception, injunctions and the public interest, the treatment of experts in patents trials and technical primers, and interim injunctions).

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Amarasinghe, Punsara, and Sanjay K. Rajhans. "Agamben’s two missing factors; Understanding state of emergency through colonialism and racial doctrine." Open Political Science 3, no. 1 (2020): 34–46. http://dx.doi.org/10.1515/openps-2020-0003.

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AbstractThe idea of state of exception and sovereignty presented by Italian political philosopher Giorgio Agamben in the aftermath of post September 11 context generated a new discourse in the realms of public law and political philosophy on how law and its protection becomes invalid under state of exception as Agamben showed how suspension of constitutional liberties within so called state of exception legally erases any status of an individual regardless international legal or constitutional norms. However, this article seeks to examine how Agamben had excluded the nature of state of emergen

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Grey, Alexandra. "Lawful limits on freedom of expression for private communications ‘in public life’." Cambridge International Law Journal 12, no. 2 (2023): 328–36. http://dx.doi.org/10.4337/cilj.2023.02.09.

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This is a case note on Hamzy v Commissioner of Corrective Services NSW, a 2022 decision in which the Court of Appeal of the Australian state of New South Wales interpreted the right to freedom of expression, which is enshrined in international human rights law. The decision shows the difficulty of protecting choice of a language as part of freedom of expression both where the semantic import of that choice is undervalued when assessing the reasonableness of a State imposing a language choice and where the lawful exception for a State to restrict the freedom by mandating a language for its publ

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Richards, Claudina. "The Legal Recognition of Same-Sex Couples—The French Perspective." International and Comparative Law Quarterly 51, no. 2 (2002): 305–24. http://dx.doi.org/10.1093/iclq/51.2.305.

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Legislative reforms have been introduced in several European states to tackle the question of the legal recognition of same-sex relations, with the Nordic countries taking the lead.1 Changes in the attitude of the general public towards gays and lesbians, as demonstrated by the publicity and popularity of Gay Pride marches throughout Europe, has brought the issue to the fore of the political and legal arenas. France has been no exception, with the public debate on the recognition of same-sex couples culminating in the recent adoption of the law relating to the Pacte Civil de Solidarité (PACS)

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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, no. 3 (1991): 481–517. http://dx.doi.org/10.1111/j.1744-1714.1991.tb00643.x.

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Peng, Shin-yi, and Han-wei Liu. "The Legality of Data Residency Requirements: How Can the Trans-Pacific Partnership Help?" Journal of World Trade 51, Issue 2 (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 r

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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, no. 1 (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 brin

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Stantic-Pavlinic, Mirjana. "Public health concerns in bat rabies across Europe." Eurosurveillance 10, no. 11 (2005): 5–6. http://dx.doi.org/10.2807/esm.10.11.00576-en.

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Rabies due to two independent and different genotypes of lyssaviruses - European bat lyssaviruses (EBLV) type 1 and type 2 - is present in many European countries. Infection is usually seen in bats, the primary reservoirs of the viruses but a few spillover infections have been seen in three other species: stone martens, sheep and humans. Spillover infections (with the exception of the two human cases) were EBLV-1 only. No EBLV-2 spillover cases have been reported in terrestrial animals. The disease is fatal in humans and has been described in Europe following a bat bite. We have studied in the

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S. Miglani, Anhad. "A Contemporary Contextualization of Security Under Article XXI of the GATT." Global Trade and Customs Journal 17, Issue 11/12 (2022): 485–91. http://dx.doi.org/10.54648/gtcj2022068.

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States’ perceived sovereign interests are often not aligned with international legal standards, especially in relation to national security. The Article XXI security exception qualifies the collective interests of the international community which the non-discrimination requirements of the General Agreement on Tariffs and Trade (GATT) regime aspires for. While its justiciability and self-judging nature have long been discussed and debated upon, the provision must be understood in light of the ever-evolving conceptions of security itself, including challenges posed by climate change, public hea

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