The Private-Public Law Divide in International Dispute Resolution

The Private-Public Law Divide in International Dispute Resolution
Author: Burkhard Hess
Publisher: BRILL
Total Pages: 336
Release: 2018-08-21
Genre: Law
ISBN: 9004384901

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This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

Common Values and the Public-Private Divide

Common Values and the Public-Private Divide
Author: Dawn Oliver
Publisher: Cambridge University Press
Total Pages: 356
Release: 1999-08
Genre: Business & Economics
ISBN: 9780406983039

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This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.

The Oxford Handbook of the New Private Law

The Oxford Handbook of the New Private Law
Author: Andrew S. Gold
Publisher: Oxford University Press, USA
Total Pages: 640
Release: 2020-11-06
Genre: Law
ISBN: 0190919663

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"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law
Author: Martin Belov
Publisher: Routledge
Total Pages: 201
Release: 2019-10-16
Genre: Law
ISBN: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

The Public-private Law Divide

The Public-private Law Divide
Author: Matthias Ruffert
Publisher: BIICL
Total Pages: 352
Release: 2009
Genre: Law
ISBN: 9781905221349

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"This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.

Challenging the Public/private Divide

Challenging the Public/private Divide
Author: Susan B. Boyd
Publisher: University of Toronto Press
Total Pages: 412
Release: 1997-01-01
Genre: Social Science
ISBN: 9780802076526

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Feminist scholars in disciplines ranging from law to geography challenge our traditional notion of a public/private divide in legal and public policy in Canada and internationally

The Public Law/Private Law Divide

The Public Law/Private Law Divide
Author: Mark R Freedland
Publisher: Bloomsbury Publishing
Total Pages: 269
Release: 2006-03-01
Genre: Law
ISBN: 1847310591

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The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".

European Constitutional Language

European Constitutional Language
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 531
Release: 2016-04-15
Genre: Language Arts & Disciplines
ISBN: 1107130786

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Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

Research Handbook on Private Law Theory

Research Handbook on Private Law Theory
Author: Hanoch Dagan
Publisher: Edward Elgar Publishing
Total Pages: 520
Release: 2020-12-25
Genre: Law
ISBN: 1788971620

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This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.

The Right to Health at the Public/Private Divide

The Right to Health at the Public/Private Divide
Author: Colleen M. Flood
Publisher: Cambridge University Press
Total Pages: 511
Release: 2014-04-28
Genre: Health & Fitness
ISBN: 1107038308

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A comparative study covering all continents, this book explores the role of health rights in advancing greater equality through access to health care.