Public Private Partnerships And Responsibility Under International Law

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Public-Private Partnerships and Responsibility under International Law

Author : Lisa Clarke
Publisher : Routledge
Page : 226 pages
File Size : 50,9 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781317975373

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Public-Private Partnerships and Responsibility under International Law by Lisa Clarke Pdf

Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to better manage the growing risk of disease. In the shadow of the success of these partnerships lies, however, the possibility of something going wrong and it is to this shadow that this book sheds light. This book explores the issue of responsibility under international law in the context of global health public-private partnerships. The legal status of partnerships under international law is explored in order to determine whether or not partnerships have legal personality under international law, resulting in them being subject to rules of responsibility under international law. The possibility of holding partnerships responsible in domestic legal systems and the immunity partnerships have from the jurisdiction of domestic courts in certain states is also considered. The obstacles to holding partnerships themselves responsible leads finally to an investigation into the possibility of holding states and/or international organizations, as partners and/or hosts of partnerships, responsible under international law in relation to the acts of partnerships. This book will be of interest to those researching and working in areas of global governance, especially hybrid public-private bodies; the responsibility under international law of states and international organizations; and also global health. It provides doctrinal clarification and practical guidance in a developing field of international law.

International Handbook on Public-Private Partnership

Author : Graeme A. Hodge,Carsten Greve,Anthony E. Boardman
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 51,6 Mb
Release : 2010-11-30
Category : Business & Economics
ISBN : 9781849804691

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International Handbook on Public-Private Partnership by Graeme A. Hodge,Carsten Greve,Anthony E. Boardman Pdf

Public Private Partnerships (PPPs) promise much and present an exciting policy option. Yet as this Handbook reveals there is still much debate about the meaning of partnership, and the degree to which potential advantages are in fact being delivered. In this timely Handbook, leading scholars from around the world explore the challenges presented by infrastructure PPPs, and contemplate what lies ahead as governments balance the need to provide innovative new infrastructure against the requirement for good public governance. This Handbook builds on a range of exciting theoretical lenses that span several disciplinary boundaries. It presents innovative insights and informed perspectives from an international base of empirical evidence. This essential Handbook will prove an invaluable reference work for academics, advanced post-graduate students and commentators of PPPs, as well as professionals, infrastructure regulators and government policy advisors.

Public-Private Partnerships and Responsibility under International Law

Author : Lisa Clarke
Publisher : Routledge
Page : 270 pages
File Size : 44,7 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781317975380

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Public-Private Partnerships and Responsibility under International Law by Lisa Clarke Pdf

Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to better manage the growing risk of disease. In the shadow of the success of these partnerships lies, however, the possibility of something going wrong and it is to this shadow that this book sheds light. This book explores the issue of responsibility under international law in the context of global health public-private partnerships. The legal status of partnerships under international law is explored in order to determine whether or not partnerships have legal personality under international law, resulting in them being subject to rules of responsibility under international law. The possibility of holding partnerships responsible in domestic legal systems and the immunity partnerships have from the jurisdiction of domestic courts in certain states is also considered. The obstacles to holding partnerships themselves responsible leads finally to an investigation into the possibility of holding states and/or international organizations, as partners and/or hosts of partnerships, responsible under international law in relation to the acts of partnerships. This book will be of interest to those researching and working in areas of global governance, especially hybrid public-private bodies; the responsibility under international law of states and international organizations; and also global health. It provides doctrinal clarification and practical guidance in a developing field of international law.

Uncitral Legislative Guide on Public-Private Partnerships

Author : United Nations
Publisher : Unknown
Page : 300 pages
File Size : 44,5 Mb
Release : 2020-12-28
Category : Political Science
ISBN : 9211303990

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Uncitral Legislative Guide on Public-Private Partnerships by United Nations Pdf

The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.

Mastering the Risky Business of Public-Private Partnerships in Infrastructure

Author : Manal Fouad
Publisher : International Monetary Fund
Page : 61 pages
File Size : 43,6 Mb
Release : 2021-05-10
Category : Business & Economics
ISBN : 9781513576565

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Mastering the Risky Business of Public-Private Partnerships in Infrastructure by Manal Fouad Pdf

Investment in infrastructure can be a driving force of the economic recovery in the aftermath of the COVID-19 pandemic in the context of shrinking fiscal space. Public-private partnerships (PPP) bring a promise of efficiency when carefully designed and managed, to avoid creating unnecessary fiscal risks. But fiscal illusions prevent an understanding the sources of fiscal risks, which arise in all infrastructure projects, and that in PPPs present specific characteristics that need to be addressed. PPP contracts are also affected by implicit fiscal risks when they are poorly designed, particularly when a government signs a PPP contract for a project with no financial sustainability. This paper reviews the advantages and inconveniences of PPPs, discusses the fiscal illusions affecting them, identifies a diversity of fiscal risks, and presents the essentials of PPP fiscal risk management.

Public–Private Partnerships in Global Development

Author : Timothy E. Nielander
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 51,8 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781788119429

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Public–Private Partnerships in Global Development by Timothy E. Nielander Pdf

The global development community has articulated many collective aspirations in the Sustainable Development Goals (SDGs) aimed at transforming the world. Given the complicated issues that accompany globalization, State and non-State actors continue to explore the utility of public–private cooperation mechanisms. Public– private cooperation initiatives strive for global governance mechanisms involving oversight by all of the actors and operating frameworks that include multiple states, intergovernmental organizations, NGOs, private sector companies and prominent individuals.

Public-Private Partnerships in Transitional Nations

Author : Nada Kakabadse,Nikolai Mouraviev
Publisher : Cambridge Scholars Publishing
Page : 276 pages
File Size : 47,5 Mb
Release : 2017-06-23
Category : Social Science
ISBN : 9781443873826

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Public-Private Partnerships in Transitional Nations by Nada Kakabadse,Nikolai Mouraviev Pdf

This collection examines public-private partnerships (PPPs) in transitional nations from the governance perspective. It explores the structures, legal frameworks and collaborative arrangements that underpin partnerships in Europe, Asia and Africa, and highlights government decisions that facilitate the transformation of societal challenges into developmental opportunities. By sharing the experience of nine nations, including China, Indonesia, Russia and Nigeria, it helps to better understand the commonalities in PPP deployment, avoid mistakes and pitfalls, and learn from other economies. The book raises the critical questions that concern many governments, including: What are the common and frequent mistakes that governments make when they deploy partnerships and deal with governance issues? How can countries increase PPPs’ benefits? Can PPPs be instrumental in accomplishing certain less traditional government tasks, such as disaster risk management of built infrastructure and promotion of clean energy? Can PPPs serve as a backbone of entrepreneurial networks and contribute to sustainable development? The groundwork is laid out for contrasting and comparing successful and unsuccessful government actions, institutional, legal and financing initiatives and procedures, allowing one to make cross-country and cross-sectoral comparisons. Policy-makers, consultants, managers and others working in the PPP field will find this volume useful, as well as academics, as they can learn from the international comparisons and the experience of others.

Public Private Partnerships

Author : Sara Valaguzza,Eduardo Parisi
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 42,8 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781789903737

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Public Private Partnerships by Sara Valaguzza,Eduardo Parisi Pdf

This insightful book critically examines the phenomenon of public private partnerships through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.

Finnish Yearbook of International Law, Volume 20, 2009

Author : Jan Klabbers
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 42,6 Mb
Release : 2011-09-19
Category : Law
ISBN : 9781847318343

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Finnish Yearbook of International Law, Volume 20, 2009 by Jan Klabbers Pdf

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Further information may be found at www.fybil.org INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 20 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/fyil/subs

Private International Law Aspects of Corporate Social Responsibility

Author : Catherine Kessedjian,Humberto Cantú Rivera
Publisher : Springer Nature
Page : 697 pages
File Size : 40,9 Mb
Release : 2020-03-06
Category : Law
ISBN : 9783030351878

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Private International Law Aspects of Corporate Social Responsibility by Catherine Kessedjian,Humberto Cantú Rivera Pdf

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Successful Public/private Partnerships from Principles to Practices

Author : Stephen B. Friedman
Publisher : Unknown
Page : 0 pages
File Size : 45,6 Mb
Release : 2016
Category : Business & Economics
ISBN : 0874203783

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Successful Public/private Partnerships from Principles to Practices by Stephen B. Friedman Pdf

In a time of diminished resources, the public sector is facing new challenges - ranging from meeting the needs of aging baby boomers and the massive millennial generation to coping with a national infrastructure deficit to fostering economic competitiveness. Addressing these challenges requires a collaborative effort by the public and private sectors to use the skills and resources of each to shape and carry out developments that respond to these challenges. As a result, public private partnerships (PPPs) in development, infrastructure, and public facilities are ever more essential. This book will arm public and private sector representatives with an understanding of the obstacles and opportunities inherent in PPPs, as well as provide a toolkit of best practices and lessons learned for the creation of effective PPPs.

Public-private Partnerships

Author : Stephen P. Osborne
Publisher : Psychology Press
Page : 348 pages
File Size : 48,7 Mb
Release : 2000
Category : Business & Economics
ISBN : 0415212685

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Public-private Partnerships by Stephen P. Osborne Pdf

Public-Private partnerships are an increasing aspect of the delivery of public policies and services across the world. This book is the first to draw upon a range of disciplines to offer theoretical perspectives upon their analysis as well as a range of case-studies of their management from around the world. It also offers a number of frameworks for the evaluation of their management. This book will be of interest to students of public policy and public management, whether at the undergraduate or postgraduate level.

Guidebook on Promoting Good Governance in Public-private Partnerships

Author : United Nations. Economic Commission for Europe,United Nations
Publisher : Unknown
Page : 108 pages
File Size : 55,5 Mb
Release : 2008
Category : Business & Economics
ISBN : UOM:39015075644008

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Guidebook on Promoting Good Governance in Public-private Partnerships by United Nations. Economic Commission for Europe,United Nations Pdf

This guidebook offers training modules for the promotion of public-private partnerships in the delivery of public services. PPPs in theory are supposed to combine the best of both worlds. The private sector with its resources, management skills and technology; and the public sector with its regulatory actions and protection of the public interest provide a balance in delivering public service. PPPs though are also complex in nature, requiring different types of skills and new enabling institutions and they lead to changes in the status of public sector jobs. To work well, they require "good governance", that is, well-functioning institutions, transparent, efficient procedures and accountable and competent public and private sectors. This guidebook therefore seeks to elaborate best practice and is aimed at policymakers, government officials and the private sector.

Public-Private Partnerships in Global Development

Author : Timothy E. Nielander
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 55,5 Mb
Release : 2020-11-03
Category : Electronic
ISBN : 178811941X

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Public-Private Partnerships in Global Development by Timothy E. Nielander Pdf

The global development community has articulated many collective aspirations in the Sustainable Development Goals (SDGs) aimed at transforming the world. Given the complicated issues that accompany globalization, State and non-State actors continue to explore the utility of public-private cooperation mechanisms. Public- private cooperation initiatives strive for global governance mechanisms involving oversight by all of the actors and operating frameworks that include multiple states, intergovernmental organizations, NGOs, private sector companies and prominent individuals. This book examines global public-private initiatives which attempt to form new institutions to achieve cooperation objectives in contrast to traditional PPP models which rely on contract arrangements between governments and service providers. Students of these initiatives from many interconnected disciplines, including law, finance, international relations and governance will find this introduction to this growing field of development cooperation timely and informative.

An Introduction to International Organizations Law

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 423 pages
File Size : 45,6 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781108842204

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An Introduction to International Organizations Law by Jan Klabbers Pdf

Provides a framework for understanding how organizations are set up and the logic behind international organizations law.