Public Law Publications

Public Law Committee Publications

The Public Law Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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Brazilian government issues first Regulatory Impact Analysis Guidelines for rulemakers
By Denis Guimaraes
The Brazilian government has issued its first Regulatory Impact Analysis Guidelines, along with a corresponding summary, the General Directives. Both are soft law tools applicable to any rulemaking entity in the country.
Revocation of competitive bidding calls and possible compensation
By Sofia Margarita Suárez and Martin Carlevaro
An assessment of a common and frequent practice by the Paraguayan Administration – namely, the exercise of the power of revocation to resolve cancellation of calls for competitive biddings, leaving aside in every case any compensation or possible claim for expenses by bidders.
A ‘new frontier’ for mining? Time for Africa's engagement with deep seabed mining
By Edwin Egede
A crucial aspect of the ‘blue economy’ is the sustainable mining of mineral resources, not only in the seabed within a national jurisdiction but also beyond the jurisdiction. While coastal African states are presently engaged with the former in one way or another, the latter has been neglected.
Promoting foreign direct investment in Turkey: economic stimulus package
By Emir Jami & Seher Elif Köse
This article discusses two laws adopted by the Turkish parliament in 2016 that introduce an economic stimulus package with a view to promoting investments in Turkey.
China’s contribution to the evolution of ‘historic waters’ under public international law
By Pablo Ferrara
This article analyses the legal institution of historic waters in light of China’s claim to a contested area in the South China Sea and the tribunal of the Permanent Court of Arbitration’s recent ruling that China has no legal basis or historic claim to it.
New dispute resolution regime for investments in Bolivia
By Maria Kim Shin
An important change introduced by Bolivia's new Constitution, enacted in 2009, was a more nationalistic approach to foreign investments and related disputes.
Removal of currency exchange restrictions makes life easier for investors in Argentina
By Adrián Hope and Nicolás Ricciardi
One aspect of President Macri’s goal of reconnecting Argentina to the world involves reforming the country's foreign exchange controls and lifting previous restrictions in this area.
Arbitrability of PPP disputes in China - Public Law Committee, June 2016
By Arthur Dong
The Chinese government is soon to introduce the third batch of public-private partnership programmes. But although the surge in this sector is set to continue, challenges persist, notably in dispute resolution.
Renewable energies: Argentine public policies - Public Law Committee, June 2016
By Hugo Eduardo Vivot
Clean and renewable energy in Argentina is receiving strong support through public policies and regulations - promising new investments and opportunities.
Transnational bribery & privileges & immunities of international organisations: a landmark ruling by the Supreme Court of Canada
By Nicola Bonucci
A recent ruling of the Supreme Court of Canada is a landmark in the fight against transnational bribery and the role that international organisations may and should play.
Joint development of oil and gas in the Timor Gap - Public Law Committee, June 2016
By Estudio O'Farrell
The Timor Gap Treaty between Australia and Indonesia is designed to overcome a maritime boundary dispute driven by claims to natural resources.
A sea change for sustainable ocean resource governance - Public Law Committee, June 2016
By Alexander Proelss
Held in April 2016, the third Hamburg International Environmental Law Conference debated a range of concerns around marine protection.
From the Chair - Public Law Committee, June 2016
By Pablo Ferrara
The Public Law Committee aims to advance knowledge on laws, practices and procedures affecting activities concerning the state or the res communis worldwide.