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The Public Law of Government Contracts

A.C.L. Davies

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199287390
eISBN:
9780191713484
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287390.001.0001
Subject:
Law, Constitutional and Administrative Law

Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. ... More


The Open Architecture of European Human Rights Law

Nico Krisch

in Beyond Constitutionalism: The Pluralist Structure of Postnational Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199228317
eISBN:
9780191594793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228317.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 4 analyses the European human rights regime, often regarded as a prime example of constitutionalization beyond the state. At closer inspection, this description turns out to be misguided—the ... More


Cain and Abel: Congruence and Conflict in the Application of the Denial of Justice Principle

Ali Ehsassi

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

Few concepts of public international law admit of more varied interpretations than denial of justice. Apart from considering the historical development of the concept, this chapter identifies ... More


Foreign Affairs and the United States Constitution

Louis Henkin

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260981
eISBN:
9780191682193
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260981.001.0001
Subject:
Law, Constitutional and Administrative Law

This text contains Louis Henkin's classic book, long out of print, in a much-anticipated new edition. Reconceived, reorganised, and updated, this book remains a model of clarity. It is all about ... More


Irregular Migrants: Beyond the Limits of Solidarity?

Mark Bell

in Promoting Solidarity in the European Union

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199583188
eISBN:
9780191594502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199583188.003.0008
Subject:
Law, Constitutional and Administrative Law, EU Law

This chapter suggests that there is a case for reconsidering the extent to which irregular migrants should receive social solidarity. It begins with an examination of the social reality of irregular ... More


Sanctions and Rights between Hierarchy and Heterarchy

Nico Krisch

in Beyond Constitutionalism: The Pluralist Structure of Postnational Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199228317
eISBN:
9780191594793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228317.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 5 analyses the dispute over rights protection in United Nations sanctions to elucidate emerging structures of postnational law. This dispute, which pitches high politics—security—against ... More


From Exception to Orthodoxy? The Theory in Action

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines a number of areas where courts have made decisions which touch upon the key issues examined in this book. This chapter considers whether these decisions provide support for the ... More


The Need for Public Law Standards of Review in Investor-State Arbitrations

William Burke-White and Andreas von Staden

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0022
Subject:
Law, Constitutional and Administrative Law, Public International Law

In recent years, investment arbitration has increasingly moved from its private law origins into the realm of public law adjudication, but the standards of review applied by ad hoc arbitral tribunals ... More


Comparative Compensation for Expropriation

Borzu Sabahi and Nicholas J. Birch

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0024
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines the principles of compensation for expropriation through a comparison of investment arbitration and other legal systems. It discusses the treatment of compensation for ... More


Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality

Benedict Kingsbury and Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter observes that investment treaty tribunals are increasingly confronted with resolving conflicts between investment protection and competing public policy concerns, including the ... More


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