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This paper provides an analysis of the fragmented sphere of international agreements on public procurement law in the European Union. After a comprehensive review of the most important European Communities agreements on public procurement, this paper describes how these agreements can be subdivided within certain categories and certain types and how this categorisation and typification is vital with regard to the legal effect of a particular agreement. In this regard, it is argued that EC agreements on public procurement (including the World Trade Organization Agreement on Government Procurement) are, in principle, capable of direct applicability. Thus, disappointed bidders are - from an EU perspective -, in general, able to invoke the provisions of such EC agreements before national courts and authorities, based upon the non-discrimination principles incorporated in such agreements.

This paper aims to provide an account of the legal development concerning civilian right to pursue legal action against public authorities. Review includes historical recap of the state of law practiced prior to 1977 and the decision in the case of O’Reilly that forcefully limit individual’s right to bring action. Despite its blatant disregard of the relevant statute, the O’Reilly decision remains a valid precedent. The essay then considers subsequent law reform and the effect of the Human Rights Act 1998 in limiting the applicability of the O’Reilly principle. The essay aims to benefit law students and non-legal lay person.

The paper adopts a hermeneutics positivism approach in considering relevant case laws that is precedent to the matter under discussion. Thereupon, an interpretivism approach is applied to examine subsequent reforms and its impact on civilian right to seek justice.

Judicial exclusivity restrains right to seek justice, but is it not totally discredited due to public policy. UK membership in the EU is an obstacle to judicial sovereignty, but it is also an avenue to dilute exclusivity.

This paper is presented in a simple easy-to-understand form that enable lay-person to understand the current state of law in matters concerning public law violation by public authorities and avenues available to them.

The paper contributes to reinforce understanding on the conflict between common law and statute, and current state of law concerning individual’s right to access to the court of law in cases related to public laws and public authorities.

The paper examines the disclosure of information within public contract awards under EU law. EU Public Procurement rules have several objectives that may at some times be conflicting with each other. A certain level of transparency of public procurement procedure is necessary in order to fight corruption, enhance trade opportunities and ensure effective legal remedies. On the other hand, too much transparency may have certain anti-competitive effects. The national laws regarding disclosure of information vary in different EU member states. In Finland the EU law principle of effective remedies has been interpreted as requiring full transparency among the bidders. The transparency rules under EU law and certain Member States' national laws are analysed. As a conclusion, it is suggested that the rules on disclosure should not be left solely to the discretion of member states as the over-transparent approach taken by certain member states may negatively affect the markets both on a national and EU level.

This chapter seeks to reveal what are the implications of the corporate social responsibility (CSR) debate on international investment law by focusing on the specific example of public health. The right to health is one of the human rights secured in international law and in the national legislation of a majority of States. This chapter will provide examples of investment cases concerning tobacco control measures, imposed by the Host States for the purpose of improving public health, though challenged by the tobacco companies under International Investment Agreements (IIAs) in investment tribunals. These specific examples cast rather general questions regarding the legal framework of international investment framework and its role in providing sufficient policy space for Host States to implement the public policies and to ensure that foreign companies adhere to the CSR standards.

In order to investigate what are the implications of the CSR debate on international investment law on the example of tobacco industry, the author performs a literature review and analyze two tobacco disputes and its possible implication on the public health debate and protection of foreign investors.

This case study illustrates the complex paradigm that interlink economic and human rights obligations of States on one side of the spectrum and property rights and social responsibilities of tobacco companies on the other side.

This chapter addresses a very topical and pertinent issue in public international law, namely: the role of public interest norms in the regime of foreign direct investment.

X = multiple interpretations

Several emergency public health issues have a tremendous impact on and rely upon close coordination with law enforcement officials. Most interactions involve law enforcement personnel providing security, crowd control, and/or traffic control during public health related incidents. However, as varied chemical and biological threats have emerged over the years, this interaction has increased to include joint investigations between the two disciplines. Certain biological threats, such as pandemics, pose direct threats to the law enforcement agency operations. Understanding the role of public health in emergencies, the overlapping missions, and the threats at all levels allows law enforcement professionals to better prepare themselves and their organizations for coordinating operations and maintaining continuity of law enforcement services.

The article introduces Edmund Burke’s world‐view and its implications for public administration. From Burke’s idea about human nature, tradition, law and representation, it has been argued that in a Burkean world, administrative discretion is essential and inevitable. By using their discretionary power, Burke emphasized that public administrators as virtual representatives will meet the ends of the law made by elected representatives. Also to build a tradition and ethical foundation for administration, Burke argued for a unified administration. Given human fallibility and self‐interest such a unified body can internally check administrative actions. Furthermore, in order to demonstrate the contemporary relevance of Burke’s thought, the paper compares and contrasts this Burkean view of public administration with the views of other influential scholars in public administration. Important similarities exist that show that his views continue to demonstrate fruitful application in the art of governance.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

This paper aims to explore the role of public and private international law and how they are used differently in regulation of global markets. Data were sourced from both primary and secondary materials – journal papers, court decisions, textbooks and international legal instruments to gain insights into the role of law and the varied contexts in which it is used in regulation of markets. In an ordinary sense of the word, law sets operational limits to protect normative values and practices in a state – trade, peace, security, just to mention but a few. However, law cannot be confined to deterring undesired behaviours or to settling disputes, but more importantly, a good law should prevent disputes from happening. Law dictates the way of life of a society and its efficacy often depends on how well it is used to order the proper functioning of the system. International law is the set of rules which govern and foster effective relations of states. The paper explores the chasm between public and private international law, with a view to demonstrate how they are used differently in regulation of markets. Public and private international law encompass norms evolved by multilateral treaties, customs, judicial decisions, model laws and soft law instruments by different oversight bodies governing states and other stakeholders in their relationship with each other. These norms/rules create a platform for interstate cooperation on varied regulatory issues of shared interests. While treaties create a uniform framework of rules in all signatory states, their implementation often depends on individual states willingness to transpose them into national law. Owing to the inherent challenges of public international law (interstate practice), it has become imperative for markets to use rules of private international law. While public regulates the relationship of states and their emanation, private international law helps to bridge gaps in the mainstream international legal systems of states and in so doing enhances their co-existence on overlapping regulatory issues. The engendered trans-national norms will over time generate a positive impact on local sustainability and co-existence of different regulatory domains.

This paper uses cases studies and experiences of countries to demonstrate the complimentary relationship of public and private international law and how they work in tandem in international legal practice. The paper has also used the varied experiences of states to demonstrate how public and private international law interact in regulation of global markets. Data were sourced from both primary and secondary sources – journal papers, court decisions, textbooks and international legal instruments – to gain insights into the law and the varied contexts in regulation of markets. The case law and experience of states alluded to undertaking this research reflect the complimentary relationship of states for markets to operate effectively.

The findings of the paper comport with the hypothesis that markets cannot effectively work unless they are pursued within the framework of rules of public and private international law. The paper has alluded to the experience in national jurisdictions and global to highlight the chasm between different regulatory domains for markets to operate effectively. The paper articulates important practical issues relating to public and private international law in regulations of markets.

The practical implication of the paper is that it underscores significant legal issues relating to regulation of markets drawing examples within national jurisdictions and globally.

The paper has social implications because markets affect people, jobs and social life in varied ways. It addresses pertinent issues related to the complementarity of public and private international law and how they are manifested in national jurisdictions.

The paper is original because it nuances the interrelationship of public and private international law, teasing out their interaction in regulation of global markets in a distinctive way.

A growing public concern among South African citizens is that of corruption in law enforcement, an awareness of which causes significant tension in the community – police relationship. The purpose of this paper is to investigate how law enforcement corruption influences service delivery satisfaction and public trust.

Data from the Victims of Crime Survey 2013/2014 for all nine provinces in South Africa were utilised, yielding a final sample of 25,605 respondents. By means of standard multiple-regression analysis, the study established that corruption statistically significantly influence service delivery satisfaction and public trust.

The demographic variables that statistically significantly influenced the aforementioned dependent variables were province, population group and age. Gender and religion were not found to influence law enforcement public trust and service delivery satisfaction significantly.

It is recommended that the findings be used to stimulate public debate and renew efforts to curb law enforcement corruption specifically by emphasising police integrity.

Limited empirical evidence can be found on the influence of law enforcement corruption on service delivery satisfaction and public trust especially in South Africa where police corruption is a serious concern. Determining the consequences of perceived corruption underscore the importance thereof and will renew efforts to curb as such the prevalence thereof.

The case study of South Africa could provide valuable lessons not only for South African policy makers but for other countries perilled by high crime rates, a lack of public trust and social segmentation.

Limited empirical evidence could be found on the influence of law enforcement corruption on service delivery satisfaction and public trust especially in South Africa where police corruption is a serious concern.