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Public Law Toolbox 2nd ed will be an indispensable resource for business people, lawyers, industry associations and non governmental organisations to successfully deal with government.
The Public Law/Private Law Divide by Mark R Freedland,Jean-Bernard Auby Pdf
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".
All New Zealanders have to interact with government, whether due to business regulation, getting government assistance, or administrative decision-making concerning licenses, or allocation of government funding. But not all citizens and businesses know how to successfully work with government, or how to challenge a government decision on a matter of administration, or policy, or Parliamentary decisions on law-making which detrimentally affects them. This second edition levels the playing field for those dealing with government. It is an outsider's guide to the insider's view of government. There is an entire "Toolbox" of public law mechanisms that sit alongside traditional commercial law remedies, which can help citizens and businesses successfully resolve government, regulatory or policy and law reform issues. Ministers, officials and regulators have unique obligations to be transparent and to act within the lawful limits of exercising public power. There is also a range of options apart from the courts to challenge government decision-making. The Public Law Toolbox will assist those wanting to influence policy and law reform issues for business, not for profit or democratic reasons by describing the tools available and how to use them for greatest effectiveness. It will also assist those wanting to resolve disputes concerning administrative and government decision-making, and advise businesses on how to use the toolbox to resolve disputes with competitors. The book will assist governments and officials to understand their unique legal, transparency and accountability obligations and the risks that they face, taking political and public opinion factors into account.
Politician and law professor Geoffrey Palmer recounts the events and forces that shaped him in this memoir, as well as his many adventures in reforming a wide range of institutions, laws, and policies. Reform has been a recurring theme throughout Geoffrey Palmer's life, not only during his career in politics and as a Prime Minister, but also as a law professor and law practitioner. He speaks of his early life and family background and the eventful lives of his pioneering ancestors. He examines the intellectual influences on his thinking, particularly the nature of his education both in New Zealand and the United States, and chronicles his life according to the issues: accident compensation, the Constitution, the Bill of Rights, the Law Commission, liquor law, Maori issues, parliamentary reform, the Resource Management Act, law and order, prisons, and local government reform. Meticulously detailed and engagingly written, "Reform" is essential reading for anyone interested in New Zealand legal and political history.
Public Policy in International Economic Law by Diane Desierto Pdf
States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
Public Interests in International Investment Law by Qiang Ren Pdf
Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.
Treaty of Waitangi Settlements by Janine Hayward,Nicola Wheen Pdf
The settlement of iwi claims under the Treaty of Waitangi has drawn international attention, as other nations seek ways to build new relationships between indigenous peoples and the state. Here leading scholars consider the impact of Treaty settlements on the management and ownership of key resources (lands, forests and fisheries); they look at the economic and social consequences for Māori, and the impact of the settlement process on Crown–Māori relationships. And they ask ‘how successful has the settlement process been?'
Public Digitalisation in a legal perspective by Motzfeldt, Hanne Marie,Hyldkrog Lindberg, Adam,Krõõt Tupay, Paloma,Mikiver, Monika,Heikkonen, Sofia,Koivisto, Ida,Koulu, Riikka,Kaplane, Anastasija,Potaičuks, Aleksandrs,Bilevičiūtė, Eglė,Esayas, Samson,Hauglid, Mathias K.,Enqvist, Lena Pdf
Available online: https://pub.norden.org/temanord2024-503/ In this report leading researchers within law and digitalisation from Norway, Sweden, Finland, Latvia, Estonia, Lithuania, and Denmark present the fundamental characteristics of the digitalization of their national public administrations from a legal perspective. An important conclusion of the DigiLaw project is that the Nordic-Baltic countries possess different specialised expertise and experiences when it comes to public digitalisation, and from different angles and at various levels, all researchers recommend strengthening the Nordic-Baltic cooperation when it comes to sharing experiences and handling challenges related to public digitalization.
Employment and Labour Law Toolbox by Paul Wearing Pdf
This book gives employers practical, straightforward information about matters like discrimination, termination compensation, occupational health and safety, and union organizing campaigns in order to implement best employment practices and avoid interference from third parties.
Author : James M. Kouzes,Barry Z. Posner Publisher : John Wiley & Sons Page : 176 pages File Size : 46,9 Mb Release : 2014-12-15 Category : Business & Economics ISBN : 9780730316688
Extraordinary Leadership in Australia and New Zealand by James M. Kouzes,Barry Z. Posner Pdf
The research-driven guide to the leadership behaviours whichcreate more engaged workplaces and higher performance,Extraordinary Leadership in Australia and New Zealand is aguidebook for what it takes, at any level of an organisation, tobring out the best in people. And full of insights not just frompeople who are making a difference, but also evidence from theirdirect reports, colleagues and managers about the impact that TheFive Practices of Exemplary Leadership® has on them and theirperformance. Drawing upon empirical data from more than 75,000 people in theAustralian and New Zealand workforce, the authors document how TheFive Practices are being applied here, and also compares thisregion with data from 28 other countries. Interviews with more than100 leaders and their teams provide real examples and practicalapplications within the grasp of every reader who aspires to make adifference. Case studies are balanced across gender, function, and industryproviding a broad perspective, identifying why leadership matters,and offering keen insights into how you lead others togreatness. Study examples of extraordinary leadership in Australia and NewZealand Discover the behaviours that make great leaders, and whythey're so important Examine the research that shows how leadership affectsengagement and organisational performance Learn why people need great leadership, and why it motivatesthem to perform at their best Leadership must be nurtured. While all leaders are born, greatleaders are made! With expectations higher than ever, and resourcesunprecedentedly scarce, today's leaders face some of the mostdifficult, complex organisational challenges yet. ExtraordinaryLeadership in Australia and New Zealand presents a data-drivenframework for being an effective leader, with expert guidancetoward the actions that you can take to improve the performance ofyour team and organisation.
Quasi-Constitutionality and Constitutional Statutes by Richard Albert,Joel I. Colón-Ríos Pdf
This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
An Economic Analysis of Public Law by George Dellis Pdf
This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.
The Politics of International Economic Law by Tomer Broude,Marc L. Busch,Amelia Porges Pdf
How do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.