We provide analysis, education, and resources to those working for peace around the world. Public order is a condition characterized by the absence of widespread criminal and political violence, such as kidnapping, murder, riots, arson, and intimidation against targeted groups or individuals. Public disorder can be profoundly destabilizing for societies emerging from conflict. It can instill constant fear in the local population, undercut efforts to strengthen state security institutions, and jeopardize the success of the peace process. Criminal and politically motivated activity is often accompanied by widespread violation of human rights, including torture; rape; cruel, inhuman, or degrading treatment; and arbitrary arrest and detention. The population has few means by which to address these threats—the police are usually in short supply, with a legacy of abuse and corruption.
In this post, Zena outlines the origins of the research and the key findings. International adjudicators assessing exceptions provisions based on abstract legal terms — the appropriate benchmark: wanted dead or alive! Public morals, public health, public safety, and public order are just a few examples. What is the role of international courts and tribunals including arbitral tribunals , though, when parties to international disputes rely on escape clauses and argue that otherwise unlawful conduct is justified for the protection of public interest objectives usually framed under abstract legal terms in the relevant international law provisions? A decade ago, this question might have been confined to the realm of legal philosophy. Today, the role of courts in determining what constitutes the public interest has assumed a practical, rather than a philosophical, importance. Exceptional times call for exceptional measures.
The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
In private international law , the public policy doctrine or ordre public French: lit. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time. Law regulates behaviour either to reinforce existing social expectations or to encourage constructive change, and laws are most likely to be effective when they are consistent with the most generally accepted societal norms and reflect the collective morality of the society. In performing this function, Cappalli [ who?