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Public-Private Partnerships in Russia: Institutional Frameworks and Best Practices (Competitive Government: Public Private Partnerships)
by Oleg V. Ivanov Agnessa O. InshakovaThis volume presents the history and current state of the public-private partnership (PPP) sector in Russia. It analyzes the legal and institutional framework of PPPs as well as approaches and best practices for public administrations at federal and regional level to promote PPPs. Special attention is given to the management of PPP projects in different phases of their life cycle and to the legal and financial structuring of PPP projects. In addition, the contributions highlight best PPP practices in various sectors - from transport infrastructure to information technology - and also discuss international aspects of PPP. The volume is aimed at scholars in economics and public administration as well as public decision-makers interested in modern trends in the Russian economy and the development of successful business development.
Public Private Partnerships Renegotiations in Transportation: Case Studies from Portugal (Competitive Government: Public Private Partnerships)
by Carlos Oliveira Cruz Joaquim Miranda SarmentoThere is a growing interest in Public-Private Partnerships (PPPs), particularly in infrastructure and public services. Under the scope of PPPs, renegotiations are becoming more relevant, as empirical evidence suggests that most PPP projects are inevitably renegotiated, i.e., the original contract needs to be adapted to new and unforeseen circumstances. Renegotiations have a substantial impact on the contract and performance of a PPP and usually represent significant costs for users and taxpayers. However, very little is known about the management and, mainly, the process of renegotiating that will, very likely, occur. This book provides a set of case-studies of PPP renegotiations in the transport sector. The authors illustrate the Portuguese experience, a country that has been using PPP extensively, particularly in transport. The case studies provide an extensive and detailed analysis on each aspect of the project and the renegotiation. What drives renegotiations? Why are some projects more renegotiated than others? What are the results? How can the performance of renegotiation processes be improved? These and other questions provide the basis for the discussions in this book. The novelty and value of the book come mainly from the extent of information available. Each case-study deals with these questions in much more detail than what is common in the case-studies approach.
Public-Private Stewardship: Achieving Value-for-Money in Public-Private Partnerships
by Joshua M. SteinfeldThis book offers a defense acquisition perspective that provides action orientations and decision making to increase the value-for-money (VFM) of public-private partnerships (PPPs) through public-private stewardship (PPS). The differing motives of the public and the private sector are not conducive to partnership that leads to optimal outcomes. PPS is offered to practitioners and academics as a solution to failures of PPPs by following the public stewardship tenets of fiduciary responsibility and advancing the public interest while factoring in the additional elements of the private sector. The public values of transparency, accountability, responsibility, responsiveness, efficiency, effectiveness, equity, diversity, inclusion, fairness, and security, among others, can be shared in success between the public and private partners. By establishing shared values aligning with each stakeholder’s measures for success, it is possible to devise value propositions for stakeholder decision making that supports inter-organizational strategy, operations, tactics, goals, and objectives. PPS practices can further ensue as the public-private steward utilizes tools of expertise and organizational capacity. The book provides seven portraits of practitioners in the practice of PPS to assist PPP stakeholders achieve VFM. PPS is illustrated using examples in the Department of Navy (DON) and Department of Defense (DOD).
Public Probity and Corruption in Chile (Routledge Corruption and Anti-Corruption Studies)
by Patricio SilvaIn most Latin American countries, key officials and political figures have been involved in big corruption scandals in the last decade, leading to a rigorous academic debate on the possible socio-economic, political and cultural factors responsible for corrupt practices across the region. This book takes a different approach by focusing on Chile, which shows the lowest levels of corruption in the region. Instead of analysing notoriously bad cases in Mexico, Argentina, Brazil and Venezuela, this book explores the factors which have led to a relatively high degree of public probity among power holders in Chile. Public Probity and Corruption in Chile presents a long-term historical analysis demonstrating that public probity in Chile has its roots in the colonial period, and that public and state responses have historically shown a low level of tolerance for public cases of corruption. In particular, the author highlights the role played by relative poverty and lack of resources, geographical remoteness, the impact of the Arauco War against the Mapuche people, the militarisation of both government and public administration, the extreme oligarchic nature of the Chilean aristocracy, the early consolidation of state institutions and the rule of law, high levels of political stability and the role played by patriotism. Studying an example of better practice in detail in this way provides valuable insights into the factors and actors which can help to prevent or to revert the phenomenon of public corruption in the region more generally. As such, this book will be of interest to researchers of corruption and public probity both in Chile and further afield.
Public Procurement in Chinese Law and Practice (State Governance)
by Xiang XianshengThis book aims to present an overview of government procurement of public services in China. It introduces three types of government procurement of public service and analyzes the legal boundaries, legal subjects, purchasing methods, regulation and legal remedy system around it. At the end, the ways of improving law system are brought up for policy suggestion. It helps readers understand how procurement of public services proceeds in China.
Public Procurement Reform and Governance in Africa
by S. N. NyeckThis book presents an interdisciplinary exploration of the governance of public procurement reform in Africa. Through a bottom-up approach to case studies and comparative analyses, scholars, practitioners, and social activists write about the organizational mechanisms and implementation gaps in public procurement governance in light of the general premises of national reform. Reforming the ways in which government purchases works, goods, and services from the private sector is one of the most sweeping policy reform undertaken in Africa in the past decade. Despite the transnational scope of policy change, very little is known about the mechanisms of public procurement governance at the subnational level. The argument in this volume is that policy reforms that mitigate contractual hazards along the three-dimensional "law-politics-business matrix" are more likely to bring about meaningful institutional transformation and broader social accountability. Key to substantive transformation of public procurement is the revitalization and professionalization of the public sector to meet the opportunities and challenges of development by contract.
Public Procurement Regulation in Africa
by Geo Quinot Sue ArrowsmithPublic procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa.
Public Property, Law and Society: Owning, Belonging, Connecting in the Public Realm
by John PageThis book examines the almost entirely neglected realm of public property, identifying and describing a number of key organizing principles around which a nascent jurisprudence of public property may be developed. In property law terms, the public realm is lost to plain view. Despite the vast acreage of public lands, or the extensive tracts of private lands over which public rights subsist, there is little commensurate scholarly discussion of the ideas, theories, practices, and laws of public property. This is no accident. Public property has been marginalized and pushed to the periphery for centuries, a consequence of the dominant discourse of private property, and its enclosing, encroaching tendencies. This book explores the rich diversity of the public estate, of what the public realm means for us, the general public, canvassing what we may ‘own’, where we may ‘belong’, or not, and how we may ‘connect’ through a shared use and enjoyment of public place and space. To better understand public property is to better value its critical public-wealth. Whether overlooked, over-used, or under threat of imminent loss, this book maintains that our loved (and not so loved) public spaces are essential components of our diverse, functioning, and optimistically livable human geographies. As such, they demand legal protection. This important and original book will be of considerable interest to scholars and others with interests in property and land law, socio-legal studies, legal geography and urban studies.
Public Prosecutors in the United States and Europe
by Gwladys GilliéronThis research examines the role of prosecutors within the United States and in Switzerland and is completed by an overview of the prosecution institutions in France and Germany. The research recognizes that despite seemingly very different legal traditions and structures, prosecutors in these systems are similar enough that each system might learn from the others. Drawing upon the experiences of other nations, this research proposes solutions to the problems identified in connection with the position and powers of public prosecutors in the United States. Furthermore, it outlines the problems related to the increase of prosecutorial power and the lessons the European criminal justice systems surveyed can draw from the experience in the US. In terms of methodology, this research not only considers formal legal provisions but also systematic structural factors, academic literature and statistics revealing how the law and governing principles actually work in practice.
Public Purpose in International Law
by Pedro J. Martinez-Fraga C. Ryan ReetzThis text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
Public Reason and Applied Ethics: The Ways of Practical Reason in a Pluralist Society (Law, Ethics and Economics)
by Adela Cortina Domingo García-MarzáExamining the theoretical and empirical status of applied ethics, this volume demonstrates how a pluralistic and democratic society can deal with ethical issues in the light of its moral conscience. The volume first sets the stage for a conception of applied ethics as applications of transnational civil ethics, based both on a discourse theory of knowledge (Apel, Habermas), and on an activities and capabilities approach (Aristotle, Sen). It then examines how applied ethics relates to important theoretical discussions in philosophy such as constructivism, virtue ethics, hermeneutic and deliberative theory. The contributors discuss applied ethics in light of globalization and identify recurring dilemmas as well as the problem of universal norms. They close by considering two aspects of the institutional point of view - republicanism, and contractarianism and constitutional economics.
Public Reason and Bioethics: Three Perspectives
by Hon-Lam Li Michael CampbellThis book explores and elaborates three theories of public reason, drawn from Rawlsian political liberalism, natural law theory, and Confucianism. Drawing together academics from these separate approaches, the volume explores how the three theories critique each other, as well as how each one brings its theoretical arsenal to bear on the urgent contemporary debate of medical assistance in dying. The volume is structured in two parts: an exploration of the three traditions, followed by an in-depth overview of the conceptual and historical background. In Part I, the three comprehensive opening chapters are supplemented by six dynamic chapters in dialogue with each other, each author responding to the other two traditions, and subsequently reflecting on the possible deficiencies of their own theories. The chapters in Part II cover a broad range of subjects, from an overview of the history of bioethics to the nature of autonomy and its status as a moral and political value. In its entirety, the volume provides a vibrant and exemplary collaborative resource to scholars interested in the role of public reason and its relevance in bioethical debate.
Public Reason and Courts (Studies on International Courts and Tribunals)
by Silje A. Langvatn Mattias Kumm Wojciech SadurskiPublic Reason and Courts is an interdisciplinary study of public reason and courts with contributions from leading scholars in legal theory, political philosophy and political science. The book's chapters demonstrate the breadth of ways in which public reason and public justification is currently seen as relevant for adjudicative reasoning and review practices, and includes critical assessments of different ways that the idea of public reason has been applied to courts. It shows that public reason is not just an abstract theoretical concept used by political philosophers, but an idea that spurs new perspectives and normative frameworks also for legal scholars and judges. In particular, the book demonstrates the potential, and the limitations, of the idea of public reason as a source of legitimacy for courts, in a context where many courts face political backlashes and crisis of trust.
Public Regulation of Tumor Banks: Establishment, Heritage Status, Development and Sharing of Human Biological Samples
by Xavier BioyThe multidisciplinary book assesses the legal and economic uncertainties surrounding the collection, storage, provision and economic development of biological samples (tumors, tissues, cells) and associated personal data related to oncology. Public, partly public and private sector actors in the field of cancer care and research hold collections supported by significant public and social funding. Under certain conditions, particularly in the context of networking (sometimes promoted by public authorities), these collections can also represent major economic assets and scientific resources. However, this involves a number of issues and institutional constraints: legal: the will of the source person; non-pecuniary damage; freedom to establish collections; competence in deciding on their use; legal frameworks for their distribution; desire for return on investment for public institutions, notably in terms of industrial and intellectual property.economic: cost of establishing and running biological resource centres; destroying resources; emerging markets; profit sharing.public health policy choices: prioritisation of therapeutic measures over research (fundamental or clinical trials); conservation of resources; promotion of scientific (and not commercial) value of collections. The establishment, heritage recognition (“patrimonialisation”), development and sharing of these resources thus merit our calling into question present practices and their evolution, as well as the leverage available to public authorities (incentives, legislation, regulation) in a context where norms emerge from professional practice to become widely used in collaborative networks. Filling a gap in the current literature on law and economics, which pays little heed to these specific considerations, this book explores these considerations to bring to light the economic implications of ethical choices and governance issues in the health sector (structural organisation of local, national and European actors in oncology). It is intended for researchers in fields such as law, economics and biomedical sciences, as well as for public policymakers.
Public Relations and Individuality: Fate, Influence and Autonomy (Routledge New Directions In Public Relations And Communication Research Ser.)
by Simon MooreOur individuality is partly shaped by encounters with the external world so it is inconceivable that we are unaffected by the planned management of public communications which manages much of our external experience. Exploring one of the most important mediators between organizations and individual encounters – public relations (PR) – is long overdue. By developing new ways to create and connect with us as members of particular target audiences, has it changed our interior existence by altering perceptions of the world outside ourselves? PR’s massive impact on groups, society or organizations is rightly explored, but its immense influence on our individuality is neglected. In an age where new media makes deepening connections to individuals, the relationship of PR to individuality is one of the field’s most profoundly important issues. This provocative book will assist scholars and advanced students in PR and communication research to develop a clear, structured, disciplined understanding of this phenomenon and its implications.
Public Relations and Whistleblowing: Golden Handcuffs in Corporate Wrongdoing (Routledge New Directions in PR & Communication Research)
by Cary A. GreenwoodThere is a growing interest in corporate whistleblowing, but no comprehensive research has yet focused on public relations practice. Drawing on extensive research on Fortune 1000 and Wilshire 5000 corporations, this book reveals executives’ attitudes and relationships toward their organizations and their impact on whistleblowing. Perhaps unsurprisingly, it reveals that wrongdoing in corporations and the privileges of power coexist. Top-ranking public relations executives, who are mostly white and male, are more likely to be aware of wrongdoing but no more likely to blow the whistle, fundamentally due to their positive relationship with their employers. Using the new lens of evolutionary theory, this study explains whistleblowing, retaliation, and relationships, and in the light of the connection between whistleblowing behavior and executives’ attitudes, it proposes a new theory of the phenomenon of Golden Handcuffs. As public attitudes to corporations, corporate social responsibility (CSR), and transparency harden, these findings have serious implications for companies globally. Researchers, scholars, and advanced students in public relations, organizational communication, corporate communication, strategic communication, corporate reputation, and CSR will find this book full of revealing insights.
Public Relations Ethics: The Real-World Guide
by Trevor Morris Simon GoldsworthyThis book is a pragmatic, case-rich guide to how current and future public relations practitioners can apply ethical principles and the industry’s codes of ethics to their day-to-day work. Authors Trevor Morris and Simon Goldsworthy draw on their years of industry and academic experience to illustrate key ethical issues and ground them in reality, all within an international frame of reference. Public Relations Ethics incorporates interviews with industry practitioners, offering contrasting perspectives as well as recent examples of real-life complaints and disciplinary issues. Provocative questions and exercises help readers grapple with ethical dilemmas and review the key scenarios and challenges that PR people face. The book is ideal at the undergraduate, postgraduate and continuing education levels as a core text for public relations ethics courses and a supplementary text for general public relations survey courses. Accompanying the text are online resources for both students and instructors, including lecture slides and links to further resources.
Public Rights: Copyright's Public Domains (Cambridge Intellectual Property and Information Law #45)
by Graham Greenleaf David LindsayAccess to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.
Public Sector Accounting, Accountability and Governance: Globalising the Experiences of Australia and New Zealand (Routledge Studies in Accounting)
by Robyn Pilcher David GilchristFunded by taxation, public spending cannot be separated from politics and ensuring efficiency and effectiveness is always high on the political and policy agenda. Accounting, accountability, governance and auditing are essential ingredients in evaluating public sector performance. Australia and New Zealand are world leaders when it comes to public sector accounting—such as being the first to introduce transaction-neutral accounting standards. This edited collection considers current issues impacting the public sector by primarily drawing upon experiences of Australia and New Zealand. Then, by combining history (from the time of the Domesday book, early sovereignty and Shakespeare) with current practice (differential reporting, international financial reporting standards, government performance, voter turnout, joined-up government and auditing practices), we use these experiences to illuminate the global issues of public sector accounting, accountability and governance. Based on rigorous research by top public sector researchers, this edited collection offers a multitude of future research ideas to enable those interested in following this pathway—whether they are in Australia, New Zealand, the United Kingdom, Europe, the United States of America, Africa or anywhere else in the world—an avenue to traverse.
Public Sector Audit (Routledge Focus on Accounting and Auditing)
by Carolyn J. Cordery David C. HayThis book provides a concise overview of the current context and types of public sector audit and the varied structures within which public sector audit is practised across the world. It summarises the objectives of public sector audit as well as explores the role of the International Organisation of Supreme Audit Institutions in providing guidance to these. Drawing on public and private sector audit as well as the views of academics and practitioners on public sector audit, it provides a unique research-based guide to the current issues and future challenges in the field.
Public Sector Criminological Research: The Australian Institute of Criminology, 1972–2022
by Russell G. SmithThis book explores the role and development of criminological research in the public sector during the last half-century. It identifies the benefits such research has provided and assesses whether the community has received value for the funds expended. The Australian Institute of Criminology is used as a case study to illustrate the challenges and pressures facing those who have sought to carry out independent crime and justice research in the public sector, to assess what fifty years of work has achieved and to determine whether or not there remains a need for criminologists to be employed by governments. The book is based on extensive archival research, administrative data analysis, interviews with current and previous staff and the perspectives of scholars in comparable institutions globally. It presents new historical information as well as current and future critical perspectives on crime and justice research in a unique Australian government organization.
The Public Sector in Hong Kong
by Ian ScottThis book describes and analyses the role of the public sector in the often-charged political atmosphere of post-1997 Hong Kong. It discusses critical constitutional, organizational and policy problems and examines their effects on relationships between g
Public Sector Performance, Corruption and State Capture in a Globalized World (Routledge Research in Public Law)
by Susan Rose-AckermanThis collection examines the difficult task of reforming governments worldwide to meet citizens’ needs and aspirations. It advances constructive efforts to enhance public accountability while recognizing the complex ways in which corruption, greed, and state capture undermine the legitimacy and performance of government. The contributors are political scientists, lawyers, and economists who bring a cross-disciplinary approach to their chosen subjects. The first group of chapters deals with public sector performance, development, and public participation. Complementary pieces by a practitioner and a scholar confront the challenges of achieving reform in countries with difficult political environments and extensive poverty and inequality. The second group emphasizes the way corruption and state capture limit the accountability and effectiveness of governments in both developing and wealthy countries. The contributions consider the institutional roots of dysfunctional government and their links to the private sector. Taken together, the volume surveys a wide range of topics with theoretical arguments and empirical findings that provide insights into real-world problems and policymaking dilemmas. Inspired by Susan Rose-Ackerman’s fifty-year exploration of public policymaking, public law, and corruption, the collection will be an invaluable resource for researchers, academics and policy makers working in the areas of Public Law, Anticorruption, and Political-Economy.
Public Sector Reforms in Pakistan: Hierarchies, Markets and Networks (Public Sector Organizations)
by Abiha Zahra Geert Bouckaert Muhammad Zafar Iqbal Jadoon Nasira JabeenThis book provides a research-based analysis of public sector reforms in Pakistan. It offers a broad overview of reforms at different levels of government – including federal, provincial and local – and examines decentralization and devolution reforms in various policy sectors. It also reflects on market-oriented reforms and the steps taken to involve the private sector to build a better-governed public sector, and explores new trends in the public sector in the areas of digitalisation and disaster management. Bringing together young researchers, academics, and practitioners, the book sets a new milestone in the movement towards context-specific reform studies in both academia and the professional practice of public administration, particularly in South Asia.
Public Security in Federal Polities
by Todd Hataley Mario Kölling Christian LeuprechtPublic Security in Federal Polities is the first systematic and methodical study to bring together the fields of security studies and comparative federalism. The volume explores the symbiotic relationship between public security concerns and institutional design, public administration, and public policy across nine federal country case studies: Brazil, Canada, Germany, India, Mexico, South Africa, Spain, Switzerland, and the United States. In addressing specific national security concerns and aspects of globalization that are challenging conventional approaches to global, international, regional, and domestic security, this volume examines how the constitutional and institutional framework of a society affects the effectiveness and efficiency of public security arrangements. Public Security in Federal Polities identifies differences and similarities, highlights best practices, and draws out lessons for both particular federations, and for federal systems in general. This book is essential reading for scholars, students, practitioners as well as policy- and decision-makers of security and federalism.