Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546114
- eISBN:
- 9780191712203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546114.003.0020
- Subject:
- Law, Public International Law
This chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with ...
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This chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with in Chapter 18. It considers two options: the direct private international law effect of jus cogens; and international jus cogens/public policy being reflected in national public policies. Following up on this latter issue, the impact of jus cogens on the Act of State doctrine is examined. The jurisprudence of national courts is comprehensively covered.Less
This chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with in Chapter 18. It considers two options: the direct private international law effect of jus cogens; and international jus cogens/public policy being reflected in national public policies. Following up on this latter issue, the impact of jus cogens on the Act of State doctrine is examined. The jurisprudence of national courts is comprehensively covered.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0002
- Subject:
- Law, Public International Law, EU Law
This chapter examines the use of procurement linkages as part of national industry policy. It considers its use by government to achieve certain more narrowly social policy functions, in particular ...
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This chapter examines the use of procurement linkages as part of national industry policy. It considers its use by government to achieve certain more narrowly social policy functions, in particular to foster the creation of jobs to relieve unemployment, to promote fair labour conditions, and to promote the increased utilization of the disabled in employment. The chapter proceeds as follows. Part I discusses the use of procurement to promote various differing aspects of national industrial policy: protecting national industry against foreign competition, the promotion and restriction of the use of prison labour, improving the competitiveness of certain industrial sectors, remedying regional disparities, and serving as an instrument of general economic policy. Part II focuses on the use of public works to create employment. Part III discusses public procurement and labour relations. Part IV examines the link between disability and procurement.Less
This chapter examines the use of procurement linkages as part of national industry policy. It considers its use by government to achieve certain more narrowly social policy functions, in particular to foster the creation of jobs to relieve unemployment, to promote fair labour conditions, and to promote the increased utilization of the disabled in employment. The chapter proceeds as follows. Part I discusses the use of procurement to promote various differing aspects of national industrial policy: protecting national industry against foreign competition, the promotion and restriction of the use of prison labour, improving the competitiveness of certain industrial sectors, remedying regional disparities, and serving as an instrument of general economic policy. Part II focuses on the use of public works to create employment. Part III discusses public procurement and labour relations. Part IV examines the link between disability and procurement.
Armin von Bogdandy and Matthias Goldmann
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199658244
- eISBN:
- 9780199949915
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199658244.003.0003
- Subject:
- Law, Public International Law
This chapter examines the public law approach to the use of global governance indicators. The discussion is based on German public law thinking and theories of public law beyond the state. It studies ...
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This chapter examines the public law approach to the use of global governance indicators. The discussion is based on German public law thinking and theories of public law beyond the state. It studies the proposal that the spread of the Programme for International Student Assessment (PISA) evaluations and the Organization for Economic Co-operation and Development (OECD) rankings should be described in legal terms, thus making it a ‘national policy assessment.’ It determines that the NPAs of the OECD are subject to public law requirements, and that the producers of NPAs are required to cite reasons for specific actions, to maintain independence from national governments, and to respond duly to criticism.Less
This chapter examines the public law approach to the use of global governance indicators. The discussion is based on German public law thinking and theories of public law beyond the state. It studies the proposal that the spread of the Programme for International Student Assessment (PISA) evaluations and the Organization for Economic Co-operation and Development (OECD) rankings should be described in legal terms, thus making it a ‘national policy assessment.’ It determines that the NPAs of the OECD are subject to public law requirements, and that the producers of NPAs are required to cite reasons for specific actions, to maintain independence from national governments, and to respond duly to criticism.
Frederick M Abbott
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199285822
- eISBN:
- 9780191700378
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199285822.003.0015
- Subject:
- Law, Public International Law
This chapter looks at the manner in which human rights may affect the application of competition rules and principles in the context of the TRIPS Agreement. The analysis begins by observing that ...
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This chapter looks at the manner in which human rights may affect the application of competition rules and principles in the context of the TRIPS Agreement. The analysis begins by observing that rights to life and health are well-recognized in human rights law, and that the right to health has been confirmed by the WTO Ministerial Conference in the Doha Declaration on the TRIPS Agreement and Public Health. It proceeds to demonstrate that the TRIPS Agreement rules governing competition provide substantial flexibility in terms of national policy, rule development, and application, and that this flexibility is sufficient to take into account human rights interests.Less
This chapter looks at the manner in which human rights may affect the application of competition rules and principles in the context of the TRIPS Agreement. The analysis begins by observing that rights to life and health are well-recognized in human rights law, and that the right to health has been confirmed by the WTO Ministerial Conference in the Doha Declaration on the TRIPS Agreement and Public Health. It proceeds to demonstrate that the TRIPS Agreement rules governing competition provide substantial flexibility in terms of national policy, rule development, and application, and that this flexibility is sufficient to take into account human rights interests.
Ian Brownlie
- Published in print:
- 1963
- Published Online:
- March 2012
- ISBN:
- 9780198251583
- eISBN:
- 9780191681332
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198251583.003.0003
- Subject:
- Law, Public International Law
In the period of the First World War and of the peace settlement and conferences of 1919–20, there were several indications of the development of increased sensitivity on the part of states to the ...
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In the period of the First World War and of the peace settlement and conferences of 1919–20, there were several indications of the development of increased sensitivity on the part of states to the use of force. The penalties clauses and reparations arrangements in the Versailles and other peace treaties made a significant literature on war guilt and the question of personal responsibility for acts of national policy. The question of responsibility for unjustified resort to war had become an issue which concerned ministries and statesmen; it was no longer the preserve of pacifists and idealists.Less
In the period of the First World War and of the peace settlement and conferences of 1919–20, there were several indications of the development of increased sensitivity on the part of states to the use of force. The penalties clauses and reparations arrangements in the Versailles and other peace treaties made a significant literature on war guilt and the question of personal responsibility for acts of national policy. The question of responsibility for unjustified resort to war had become an issue which concerned ministries and statesmen; it was no longer the preserve of pacifists and idealists.
