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Vol 25 No 2 Feb/March 2020

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


ISBN13: 9789403520315
To be Published: August 2020
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £171.00



The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes is a trailblazer book that analyses on a stand-alone as well as on a comparative basis – from a substantive and also from a procedural perspective – the public order exception’s application in international dispute resolution. Parties to international disputes increasingly invoke the need to protect the domestic public order in order to justify actions otherwise in breach of their obligations under international law. The term ‘public order’ nevertheless remains unclear as do the criteria and factors against which different international dispute bodies assess the parties’ respective claims. This unique book presents, systematizes and synthesizes all relevant jurisprudence in this field of law, identifies points of controversy and provides practical insights on the factors and grounds that are determinate in both upholding and dismissing the exception’s application.

The book divulges comprehensive details on various issues related to the public order exception’s application in international trade, investment, human rights and commercial disputes within the following international dispute resolution systems:

  • relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body;
  • international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes;
  • provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and
  • the New York Convention as enforced by national tribunals across the world.

This spearhead book delves deep into relevant case laws, provides original comparative review and analysis of the jurisprudence and uses tables and graphs to highlight key aspects. It imparts clear-cut guidelines to overcome the tensions and pitfalls inherent in invoking the public order exception and augment the chances of bringing a successful claim on either sides of a dispute.

Subjects:
International Trade, Arbitration and Alternative Dispute Resolution
Contents:
Foreword
List of Abbreviations
Acknowledgements
1. Introduction, Methodology and Aspired Objectives
2. The Public Policy (Ordre Public) Exception under Domestic and International Law
3. The Public Order Exception under WTO Law
4. The Public Order Exception in International Investment Arbitration
5. The Public Order Exception under the Inter-American Court of Human Rights and the European Court of Human Rights
6. The Public Policy Exception in International Commercial Arbitration
7. The Public Order Exception in International Dispute Resolution Mechanisms: A Comparison
8. Revisiting the Debate on Transnational Public Policy
9. Conclusions
Appendix I: The Public Order Exception in ICSID Jurisprudence
Appendix II: The Public Order Exception in IACTHR and ECTHR Jurisprudence
Appendix III: The Public Order Exception in National Jurisprudence Under Article V(2)(B) of the New York Convention
Bibliography
Decisions of International Courts and Tribunals
Table of Statutes
Table of Treaties and Other Legal Instruments
Electronic Sources
Index