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.

Originally published in 1972, Regulation of the Natural Gas Producing Industry combines several papers prepared for a seminar in Washington D.C in 1970.The purpose of this seminar was to exchange views between specialists on the issues related to regulation natural gas production. As such these papers explore issues such as producer price regulations, arguments for and against the regulation of natural gas, the changing environment of natural gas supply and what the future holds in terms of the natural gas producing industry. This title will be of interest to students of Environmental Studies and policy makers.

"Christopher Castaneda's study of the construction of the pipelines that transported southwestern gas to the Northeast traces the ways in which the federal regulatory process fostered competitive growth in the natural gas industry." "In 1938, the Natural Gas Act granted the Federal Power Commission jurisdiction over the interstate transmission and sale of natural gas. The FPC used its new powers to guide, shape, and manage an intensely competitive period in the industry. As Castaneda shows, aggressive and politically astute entrepreneurs based in the Southwest took advantage of economic opportunity and a regulatory environment conducive to industry growth. They financed and built the nation's longest gas pipelines to connect the massive southwestern reserves with the major northern energy markets. The coal industry, which supplied the raw product for manufactured gas, and the railroad industry, which transported the coal, adamantly but unsuccessfully opposed the action and attempted to halt the introduction of natural gas into their northeastern markets. First, during the war years, emergency regulatory agencies directed the expansion of the industry into Appalachia. Then, in the ensuing peacetime, market forces prompted entrepreneurs to compete vigorously for regulatory approval to build pipelines to sell natural gas in the Northeast." "While previous studies have examined the development of the natural gas industry after 1954, when the Supreme Court's Phillips decision established the FPC as a regulator of price control rather than as a manager of industrial growth, Castaneda's is the first to examine this earlier entrepreneurial era. Based on exhaustive research in corporate records and government documents, Regulated Enterprise offers a case study of government-business relations during a period of rapid industrial expansion and suggests a new way of looking at federal regulation and competitive growth."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved