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Author: André Pereira da Fonseca, Publisher: Kluwer Law International B.V. ISBN: 9403506857 Category : Law Languages : en Pages : 660
Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application 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. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: André Pereira da Fonseca, Publisher: Kluwer Law International B.V. ISBN: 9403506857 Category : Law Languages : en Pages : 660
Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application 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. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: Jill Cody Publisher: ISBN: 9780997796230 Category : Science Languages : en Pages : 330
Book Description
This is a Wakeup Call We no longer have the luxury of ignoring climate change "What's really breathtaking is how ill-prepared we are for such changes." - Bill McKibben, "This is How Human Extinction Could Play Out," Rolling Stone There isn't much time left. The Intergovernmental Panel on Climate Change (IPCC) has stated that the "planet has only until 2030 to stem catastrophic climate change." Most countries are experiencing extreme drought, wildfires, floods and biodiversity loss around the world. We must act with constructive outrage now. In Climate Abandoned: We're on The Endangered Species List, scientists and environmental experts discuss the hard truths, causes and consequences of the climate crisis' interconnected issues. They shed light on the greenhouse effect, declining biodiversity, our warming oceans, ideology vs. science, and other urgent topics. At the end of each chapter, you'll find practical tips for what you can keep doing, stop doing, and start doing to make better choices for the future. Let us move ourselves off the Endangered Species list. There is no time to waste. Read Climate Abandoned. Learn what actions you can take, and do your part to protect our environment. You are a member of the pivotal generation.
Author: Cal Flyn Publisher: Penguin ISBN: 1984878204 Category : Nature Languages : en Pages : 384
Book Description
A beautiful, lyrical exploration of the places where nature is flourishing in our absence "[Flyn] captures the dread, sadness, and wonder of beholding the results of humanity's destructive impulse, and she arrives at a new appreciation of life, 'all the stranger and more valuable for its resilence.'" --The New Yorker Some of the only truly feral cattle in the world wander a long-abandoned island off the northernmost tip of Scotland. A variety of wildlife not seen in many lifetimes has rebounded on the irradiated grounds of Chernobyl. A lush forest supports thousands of species that are extinct or endangered everywhere else on earth in the Korean peninsula's narrow DMZ. Cal Flyn, an investigative journalist, exceptional nature writer, and promising new literary voice visits the eeriest and most desolate places on Earth that due to war, disaster, disease, or economic decay, have been abandoned by humans. What she finds every time is an "island" of teeming new life: nature has rushed in to fill the void faster and more thoroughly than even the most hopeful projections of scientists. Islands of Abandonment is a tour through these new ecosystems, in all their glory, as sites of unexpected environmental significance, where the natural world has reasserted its wild power and promise. And while it doesn't let us off the hook for addressing environmental degradation and climate change, it is a case that hope is far from lost, and it is ultimately a story of redemption: the most polluted spots on Earth can be rehabilitated through ecological processes and, in fact, they already are.
Author: Mahmoud Khalifeh Publisher: Springer Nature ISBN: 3030399702 Category : Technology & Engineering Languages : en Pages : 285
Book Description
This open access book offers a timely guide to challenges and current practices to permanently plug and abandon hydrocarbon wells. With a focus on offshore North Sea, it analyzes the process of plug and abandonment of hydrocarbon wells through the establishment of permanent well barriers. It provides the reader with extensive knowledge on the type of barriers, their functioning and verification. It then discusses plug and abandonment methodologies, analyzing different types of permanent plugging materials. Last, it describes some tests for verifying the integrity and functionality of installed permanent barriers. The book offers a comprehensive reference guide to well plugging and abandonment (P&A) and well integrity testing. The book also presents new technologies that have been proposed to be used in plugging and abandoning of wells, which might be game-changing technologies, but they are still in laboratory or testing level. Given its scope, it addresses students and researchers in both academia and industry. It also provides information for engineers who work in petroleum industry and should be familiarized with P&A of hydrocarbon wells to reduce the time of P&A by considering it during well planning and construction.
Author: R. Winston Revie Publisher: John Wiley & Sons ISBN: 1118216717 Category : Technology & Engineering Languages : en Pages : 868
Book Description
A comprehensive and detailed reference guide on the integrity and safety of oil and gas pipelines, both onshore and offshore Covers a wide variety of topics, including design, pipe manufacture, pipeline welding, human factors, residual stresses, mechanical damage, fracture and corrosion, protection, inspection and monitoring, pipeline cleaning, direct assessment, repair, risk management, and abandonment Links modern and vintage practices to help integrity engineers better understand their system and apply up-to-date technology to older infrastructure Includes case histories with examples of solutions to complex problems related to pipeline integrity Includes chapters on stress-based and strain-based design, the latter being a novel type of design that has only recently been investigated by designer firms and regulators Provides information to help those who are responsible to establish procedures for ensuring pipeline integrity and safety
Author: Allan Gyngell Publisher: Black Inc. ISBN: 1925435555 Category : Political Science Languages : en Pages : 720
Book Description
Updated edition, covering Brexit, Trump, Xi’s ambitions for China, and the geopolitical implications of the COVID-19 pandemic Everything Australia wants to achieve as a country depends on its capacity to understand the world outside and to respond effectively to it. In Fear of Abandonment, expert and insider Allan Gyngell tells the story of how Australia has shaped the world and been shaped by it since it established an independent foreign policy during the dangerous days of 1942. Gyngell argues that the fear of being abandoned – originally by Britain, and later by our most powerful ally, the United States – has been an important driver of how Australia acts in the world. Covering everything from the White Australia policy to the South China sea dispute, this is a gripping and authoritative account of the way Australians and their governments have helped create the world we now inhabit in the twenty-first century. In revealing the history of Australian foreign affairs, it lays the foundation for how it should change. Today Australia confronts a more difficult set of international challenges than any we have faced since 1942 – this new edition brings the story up to date. Allan Gyngell is National President of the Australian Institute of International Affairs and an honorary professor at the Australian National University. His long career in Australian international relations included appointments as director-general of the Office of National Assessments and founding executive director of the Lowy Institute. He worked as a diplomat, policy officer and analyst in several government departments and as international adviser to Paul Keating. He is the co-author of Making Australian Foreign Policy and the author of Fear of Abandonment.
Author: André Pereira da Fonseca,
Author: André Pereira da Fonseca,
Author: Jill Cody
Author: Roger A. Salerno
Author: Cal Flyn
Author: Mahmoud Khalifeh
Author: R. Winston Revie
Author: George Sternlieb
Author: George Sternlieb
Author: Allan Gyngell
Author: George Sternlieb