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.

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

This book deals with the topical subject of public order policing and covers both the legal and practical aspects. The book is divided into two parts, the first part deals with 'General Themes in Public Order Law' covering the legal rules and principles and the key legislation. The second part covers 'Public Order Policing in Context' and looks at considerations in specific contexts, such as public protest. Topics covered range from day-to-day problems such as drunken brawls and football offences to more serious issues such as violent protest and terrorism. The importance and impact of human rights and the ECHR are directly addressed in the book. Extracts from the key legislation are included in the appendices and throughout the book, key points, best practice and pre and post incident checklists are included to ensure that the book is as practical as possible. This book is part of the Blackstone's Practical Policing Series. The series consists of practical guides containing clear and detailed explanations of the relevant legislation, accompanied by practical scenarios, illustrative diagrams and useful checklists.

Public Order Law brings together a complete analysis and evaluation of the law on public order in England and Wales for criminal law practitioners, the police force, local authority lawyers, magistrates and students.

The Public Order Act 1986 modernized and reformed the law in this topical area. It abolished the common law offences of riot and unlawful assembly, created by a new offence of threatening abusive or insulting behaviour and dealt with the control of demonstrations, incitement to racial hatred and football hooliganism, together with police powers in relation to these offences. This book acts as a useful guide to the Act in the context of public order law generally. It contains the text of the Act, detailed annotations and commentary.

In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.