Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Download or read book Policy Problems and Policy Design written by B. Guy Peters and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public policy can be considered a design science. It involves identifying relevant problems, selecting instruments to address the problem, developing institutions for managing the intervention, and creating means of assessing the design. Policy design has become an increasingly challenging task, given the emergence of numerous ‘wicked’ and complex problems. Much of policy design has adopted a technocratic and engineering approach, but there is an emerging literature that builds on a more collaborative and prospective approach to design. This book will discuss these issues in policy design and present alternative approaches to design.
Download or read book Making Public Policy written by Larry N. Gerston and published by Glenview, Ill. : Scott, Foresman. This book was released on 1983 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Paths to Justice Major Public Policy Issues of Dispute Resolution written by Ad Hoc Panel on Dispute Resolution and Public Policy (U.S.) and published by . This book was released on 1984 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conflict Resolution Theory and Practice written by Dennis J. D. Sandole and published by Manchester University Press. This book was released on 1993 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Paths to Justice written by Ad Hoc Panel on Dispute Resolution and Public Policy (U.S.) and published by . This book was released on 1984 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How to Do Public Policy written by and published by Oxford University Press. This book was released on 2022-03-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to Do Public Policy offers a guide to students and practitioners on how to improve problem-solving with policies in a political world. It integrates insights from applied policy analysis and studies of the policy process to develop a framework that conceives policy-making as structured by two spheres of action - the 'engine room' of specialists and experts in government agencies, NGOs, research organizations etc., on the one hand, and the political 'superstructure' of politicians, key public stakeholders and the public, on the other hand. Understanding the different logics of the engine room and the superstructure is key for successful policy-making. The dual structure of policy-making provides a perspective on policy-analysis (interactive policy analysis) and policy-making (actor-centred policy-making) that moves from the focus on individual and specific measures, towards understanding and shaping the relation and interaction between policy interventions, the institutional context and the stakeholders involved or affected. Part I of the book presents the basic analytical concepts needed to understand the policy process and the structures and dynamics involved in it, as well as to understand how and why actors behave the way they do-and how to engage with different types of actors. Part II moves further into the nuts and bolts of policy-making, including policy design, implementation, and evaluation. Part III introduces and explores three key aspects of the capacity to make good policies: engagement with stakeholders, the process of policy coordination in a context of interdependence, and the role of institutions.
Download or read book From common rules to best practices in European Civil Procedure written by Burkhard Hess and published by Nomos Verlag. This book was released on 2017-12-08 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zwanzig Jahre nach der Verabschiedung des Amsterdamer Vertrags über die justizielle Zusammenarbeit in Zivilsachen wurden vom europäischen Gesetzgeber zahlreiche Instrumente des EU-Zivilprozessrechts entwickelt, die heute in der nationalen Rechtsprechung fest verankert sind. Diese Instrumente haben einen grenzüberschreitenden Raum der Rechtssicherheit geschaffen, dem Bürgerinnen und Bürger sowie und Unternehmen vertrauen können. Das vorliegende Buch fragt nach den "best practices" gemeinsamer Regeln und Praktiken. Inspiriert von der Verschiebung des Schwerpunkts von der Schaffung neuer Rechtsvorschriften hin zu einer Konzentration auf die konkrete Umsetzung, bietet der Band einen Überblick über einen einheitlichen europäischen Rechtsraum und seinen Regeln.
Download or read book International Conflict Resolution After the Cold War written by National Research Council and published by National Academies Press. This book was released on 2000-11-07 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.
Download or read book Principles of Public Policy Practice written by Lok Sang Ho and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Public Policy Practice was written with policy makers, concerned citizens, and students of public policy in mind. Striving to avoid technical language, the author introduces a new paradigm that starts from the commonality of human nature and the assumption that public policy should be impartial. Rather than playing the interests of one group versus those of another, he argues convincingly that public policy should aim at enhancing the ex ante welfare for everyone if everyone did not know the position or the identity one would assume. Using this conceptual device of the representative individual, the analysis readily leads to policy implications that are both reasonable and concrete in diverse areas ranging from health care, crime and punishment to macroeconomic and financial market stability. The book concludes with a chapter summarizing the various principles of public policy practice that will meet the challenges of the new millennium. These principles, certainly of interest to academics in social sciences who are studying public policy, political economy, international financial systems, and capital markets, should appeal equally to practitioners, including public policy makers, consultants, advisers, administrators, and public service trade unions.
Download or read book Water and Liberalisation written by Matthias Finger and published by IWA Publishing. This book was released on 2007-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In most network industries, new dynamics are leading to an unprecedented opening up to competition and private sector participation. With the development of a single European market, the in-stages liberalisation process of public utilities has spread to almost all sectors. However, the water supply and sanitation (WSS) sector is considered somehow different and it has been excluded until recently from the restructuring processes achieved in other sectors. Water and Liberalisation: European Water Scenarios presents a better understanding of the specific demands of the WSS sector. Covering the operators' strategies, the regulatory dynamics as well as their interactions on the evolution of the sector, it addresses the likelihood, the nature, and the forms the WSS sector may take in Europe in the foreseeable future. Adopting a neutral political stance, the book analyses the implications of alternative scenarios in economic, ecological, social, legal, and institutional terms. Key sections include: In depth introduction to the current situation in the WSS sector; The European water supply and sanitation markets; The institutional framework of the water supply and sanitation sector in the EU: a comparative analysis; Analysis of the EU explicit and implicit policies and approaches in the sector; Analysis of the strategies of the water operators in Europe scenarios on the evolution of the water sector in Europe; Economic, environmental, & social implications of the scenarios; Major implications per scenario.
Download or read book Alternative Dispute Resolution written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1989 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Governing Law and Dispute Resolution in the Oil and Gas Industry written by Pereira, Eduardo G. and published by Edward Elgar Publishing. This book was released on 2022-08-23 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.
Download or read book Encyclopedia of Public Administration and Public Policy A J written by Jack Rabin and published by CRC Press. This book was released on 2003 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Nuremberg trials to the Civil Service Reform Act of 1978 to recent budget reconciliation bills, the Encyclopedia of Public Administration and Public Policy provides detailed coverage of watershed policies and decisions from such fields as privatization, biomedical ethics, education, and diversity. This second edition features a wide range of new topics, including military administration, government procurement, social theory, and justice administration in developed democracies. It also addresses current issues such as the creation of the Department of Homeland Security and covers public administration in the Middle East, Africa, Southeast Asia, the Pacific, and Latin America.
Download or read book Nuclear waste disposal written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Science, Technology, and Space and published by . This book was released on 1978 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making and Implementing Public Policy written by Catherine Bochel and published by Bloomsbury Publishing. This book was released on 2017-10-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brand new text examines power and inequalities and how these are central to our understanding of how policies are made and implemented. It introduces the concepts and theoretical approaches that underpin the study of the policy process, reflects upon key developments and applies these the practice of policy formulation and implementation.
Download or read book Discussions in Dispute Resolution written by Art Hinshaw and published by Oxford University Press. This book was released on 2021-04-13 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labor movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers and retiring judges look to arbitration and mediation for a career pivot, and law schools train law students in the finer arts of dispute resolution practice as both providers and advocates. Discussions in Dispute Resolution brings together the modern dispute resolution field's most influential commentaries in its first few decades and reflects on what makes these pieces so important. This book collects 16 foundational writings, four pieces from each of the field's primary subfields--negotiation, mediation, arbitration, and public policy. Each piece has four commenters who answer the question: why is this work a foundational piece in the dispute resolution field? The purpose in asking this simple question is fourfold: to hail the field's foundational generation and their work, to bring a fresh look at these articles, to engage the articles' original authors where possible, and to challenge the articles with the benefit of hindsight. Where possible, the book gives the authors of the original pieces the opportunity either to reflect on the piece itself or to respond to the other commenters.
