Public Order
Definition of Public Order
An order from the court that the directs the state to take certain actions.
Public Order/Public Policy in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Public Order/Public Policy, produced by Tetley, in the context of admiralty law: [Translation of Public Order in French: “ordre public”] [Translation of Public Order in Spanish: “orden público”] [Translation of Public Order in Italian: “ordine pubblico”] [Translation of Public Order in German: “öffentliche Sicherheit und Ordnung”] – In domestic law, public order (a civil law term) refers to domestic rules and legal principles reflecting lofty standards of morality and social conduct in a civilized society, while public policy (acommon law term) refers to fundamental principles of natural justice found in a state’s constitution, bill of rights, laws, regulations, precedents and accepted customs. See Tetley, Int’l C. of L., 1994 at p. 100. In the conflict of laws, international public order/public policy refers to the general principle whereby courts may refuse to recognize or enforce contracts or foreign judgments or foreign arbitral awards which they deem to be repugnant to the forum’s essential principles of morality and justice, or, in some cases, to the basic policies and interests of the forum State. In the United States, the concept of public policy in conflicts theory and practice has been subsumed, at least partially, by the American theory of interest analysis and quest for equity. International public order/public policy is found in both the codes and jurisprudence of civil law jurisdictions and the case law of common law jurisdictions. It is also to be found in international conflict of laws conventions and instruments, such as the Rome Convention 1980 (see this maritime law term in this legal dictionary) at art. 16, the Brussels Convention 1968 (see this maritime law term in this legal dictionary) and Lugano Convention 1988 (see this maritime law term in this legal dictionary) at art. 27(1), the New York Convention 1958 (see this maritime law term in this legal dictionary) at art. V(2)(b) and the UNCITRAL Model Law 1985 (see this maritime law term in this legal dictionary) at art. 36(1)(b)(ii), as well as in national statutes giving effect to them. See Tetley, Int’l C. of L., 1994 at pp. 95-133 and 821-861.
Public Order in Admiralty Law
For information on public order in this context, see the entry on public order in the maritime law encyclopedia.
Hierarchical Display of Public order
Politics > Politics and public safety > Public safety
Social Questions > Social affairs > Social life > Public morality
Law > Criminal law > Offence > Threat to national security
Meaning of Public order
Overview and more information about Public order
For a more comprehensive understanding of Public order, see in the general part of the online platform.[rtbs name=”xxx-xxx”]
Resources
Translation of Public order
- Spanish: Orden público
- French: Ordre public
- German: öffentliche Ordnung
- Italian: Ordine pubblico
- Portuguese: Ordem pública
- Polish: Porządek publiczny
Thesaurus of Public order
Politics > Politics and public safety > Public safety > Public order
Social Questions > Social affairs > Social life > Public morality > Public order
Law > Criminal law > Offence > Threat to national security > Public order
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