Download or read book Regulation of State Controlled Enterprises written by Julien Chaisse and published by Springer Nature. This book was released on 2022-08-25 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

Download or read book Open Data Protection written by Andreas Wiebe and published by Göttingen University Press. This book was released on 2017 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses legal barriers to data sharing in the context of the Open Research Data Pilot, which the European Commission is running within its research framework programme Horizon2020. In the first part of the study, data protection issues are analysed. The main focus is on the Data Protection Directive (95/46/EC) and its implementation in selected EU Member States. Additionally, the upcoming General Data Protection Regulation (2016/679/EU) and relevant changes are described. Special focus is placed on leading data protection principles. Next, the study describes the use of research data in the Open Research Data Pilot and how data protection principles influence such use. The experiences of the European Commission in running the Open Research Data Pilot so far, as well as basic examples of repository use forms, are considered. The second part of the study analyses the extent to which legislation on public sector information (PSI) influences access to and re-use of research data. The PSI Directive (2003/98/EC) and the impact of its revision in 2013 (2013/37/EU) are described. There is a special focus on the application of PSI legislation to public libraries, including university and research libraries, and its practical implications. In the final part of the study the results are critically evaluated and core recommendations are made to improve the legal situation in relation to research data.

Download or read book International Handbook of Public Procurement written by Khi V. Thai and published by Routledge. This book was released on 2017-09-25 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990s, government at all levels is under increasing pressure to do more with less. However, despite the U.S. government spending about 15 to 20 percent of its GDP on contracts for goods and services, there is a paucity of reference books for public procurement officials and very few textbooks for courses on the subject. Filling this void, the International Handbook of Public Procurement provides the knowledge necessary to understand how procurement works and how to improve the cost-effectiveness of procurement systems. Taking a multidisciplinary approach, the book focuses on the managerial, economic, political, and legal aspects of this topic. It begins with a conceptual framework and highlights various reforms occurring in certain countries. By examining these improvements, readers are able to apply this knowledge to their own strategies. The next section presents selected cases that illustrate the public procurement process, examining systems in various nations including Germany, China, South Africa, Cambodia, Uganda, and Estonia. The book also discusses the rise of electronic procurement systems (E-procurement) and reviews the benefits of these efficient systems. Other topics presented in this comprehensive volume include practical discussions on contract negotiations, bidding, price strategies and cost analysis, and an insightful chapter on the market’s response to contract award announcements. A virtual encyclopedia from numerous international experts, this book was assembled by Khi V. Thai, Professor at Florida Atlantic University and Editor of the Journal of Public Procurement. Dr. Thai has provided technical assistance in the area of public procurement to governments across the world. Empowering those on all sides of the issue, this volume dispenses advice valuable to government officials and contractors, as well as providing a comprehensive text for public administration students.

Download or read book Public Technology Procurement and Innovation written by Charles Edquist and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Technology Procurement and Innovation studies public technology procurement as an instrument of innovation policy. In the past few years, public technology procurement has been a relatively neglected topic in the theoretical and research literature on the economics of innovation. Similarly, preoccupation with `supply-side' measures has led policy-makers to avoid making very extensive use of this important `demand-side' instrument. These trends have been especially pronounced in the European Union. There, as this book will argue, existing legislation governing public procurement presents obstacles to the use of public technology procurement as a means of stimulating and supporting technological innovation. Recently, however, there has been a gradual re-awakening of practical interest in such measures among policy-makers in the EU and elsewhere. For these and other related measures, this volume aims to contribute to a serious reconsideration of public technology procurement from the complementary standpoints of innovation theory and innovation policy.

Download or read book Construction Law and Management written by Keith Pickavance and published by CRC Press. This book was released on 2013-09-05 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction Law and Management explains the state of design information appropriate to a given procurement route, and the need to identify risks and strategies for managing them. This handy desk side reference offers a comprehensive guide to construction law and management and is essential reading for anyone in the construction, architecture and engineering industries.

Download or read book The State of the European Union written by Maria Green Cowles and published by OUP Oxford. This book was released on 2000-12-21 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the introduction of a single currency in 1999 and the negotiations for the fifth enlargement in 2000, the European Union is at a major crossroads in its history. While the adoption of EMU and the entrance of new member states hold the promise of creating an 'ever close union', they must take place in a rather turbulent environment. Exogenous shocks such as the Asian financial crisis, the Russian upheaval, and new Balkan problems threaten to derail advances in monetary affairs and common foreign and security policy. Endogenous resistance to further European policy reform in areas such as the budget, CAP, and structural funds has strengthened, as suggested by the meagre advances in the Amsterdam Treaty. Indeed, domestic developments, including changes in the political composition of leading governments and growing unemployment, pose further challenges to EU reforms. With contributions from leading scholars, the book examines the European Union in a theoretically informed, empirically-grounded manner. The book begins by exploring the evolving nature of the European polity and its capacity for change. The second section on monetary union examines the conditions under which EMU will challenge integration, the viability of the European Central Bank, as well as the ability of European citizens to adjust to the single currency. The third section investigates why member states agreed to the Eastern enlargement and what internal and external challenges face the Union as a result. The fourth section highlights the institutional upheavals underway in the major European institutions, as well as Europeans support of and identify with the European polity. The final section of the book highlights the extent to which the European Union is able to govern in key policy areas–trade, environment, common foreign and security policy, and development–given the state of the European Union today. This is the fifth volume in the biannual series State of the European Union produced under the auspices of the American European Community Studies Association (ECSA)

Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Download or read book Reforming Public Procurement Law written by Annamaria La Chimia and published by Bloomsbury Publishing. This book was released on 2024-07-04 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.

Download or read book Routledge Handbook of Public Procurement Corruption written by Sope Williams and published by Taylor & Francis. This book was released on 2024-04-30 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Public Procurement Corruption showcases the most innovative and exciting research being conducted in this important area of study, providing a comprehensive go-to reference for all who are interested in the topic. During the COVID-19 pandemic, the global race for health and ancillary goods amid global supply chain disruptions demonstrated that, when tested, all countries are incredibly vulnerable to fraud and corruption in public procurement, irrespective of their level of development. Yet despite the widespread nature of the problem, there remains a lack of in-depth, analytical, and cross-country investigations into public procurement corruption. This book addresses this gap by providing a comprehensive, multidisciplinary, geographically balanced treatise on corruption in public procurement. It combines country-specific studies to allow readers to easily compare differing perspectives and approaches and overarching thematic chapters to reflect on new and cutting-edge issues in procurement and their implications for procurement corruption. Key sectors such as healthcare and infrastructure are considered, as well as the role of new technologies, in both combatting and enabling procurement corruption. This Handbook provides academics, practitioners, and graduate researchers of public administration, law, and anti-corruption with all of the tools they need to understand the nuances of public procurement corruption around the world.

Download or read book Olympic Event Organization written by Eleni Theodoraki and published by Routledge. This book was released on 2010-08-31 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Olympic Event Organization is the first text to address a number of important questions in contemporary mega-event management: Which organizations are involved in the Olympic Movement and in what capacity? What are the interorganizational flows of authority and finance between them? How is work grouped, in what unit sizes, how specialized and formalized are work processes? How complex, dynamic, diversified, or friendly is their environment? What are the power issues and how do the technological processes affect these organizations? How do the OCOGs evolve in their life cycle, what pressures shape their structures and management processes and how is work co-ordinated? The examination of the Olympic Games event organization in the 10-year period, from bidding to post-games closing down, draws material from host cities to explore the types of interorganizational flows that take place at various stages for the Olympic Games to be delivered. Knowledge transfer from one host city to the next and an established organizational field also means that management practises sometimes follow some externally imposed organizing logics. The challenges faced by organizers are discussed and the tensions that a strong management template from the IOC creates are also examined. Finally, the issue of sustainability of the Olympic Games is identified along with an analysis of the ways in which the concepts of impact are appropriated by the various stakeholders involved with the Olympic Games as they attempt to influence public opinion. Written in an accessible and insightful manner Olympic Event Organization is essential reading for both academics and practitioners alike.

Download or read book Partnering and Collaborative Working written by Rona Westgate and published by Taylor & Francis. This book was released on 2020-10-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Partnering and Collaborative Working: Legal and Industry Practice brings together leading construction industry and legal experts to discuss key elements of the partnering process and how they can be implemented.

Download or read book European Seaports Law written by E. van Hooydonk and published by Maklu. This book was released on 2003 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2001, the European Commission published its so-called Ports Package, a first attempt at developing a European policy for seaports. The Ports Package includes a Directive on Market Access to Port Services, which will influence the port industry thoroughly and lead to fundamental changes in daily port operations. In this volume, academics as well as practising lawyers from France, Ireland, Italy and Belgium describe the legal framework for the several branches of the port sector, recalling the far-reaching practical implications of existing general EU law and discussing the latest versions of the Port Services Directive proposal. Completed by authoritative views from the head of the Commission's ports unit, a specialist MEP, and representatives from both the public and the private port sector, this book offers a fairly complete overview of existing port law as well as the main points of concern in the policy debate. Its purpose is to serve both as a policy background document and as a working tool for public and private port players, as well as for academics and lawyers.

Download or read book EU Public Contract Law written by Roberto Caranta and published by Primento. This book was released on 2013-12-13 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.

Download or read book Public Decision Making Processes and Asymmetry of Information written by Massimo Marrelli and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problems arising from the existence of asymmetric information in public decision making have been widely explored by economists. Most of the traditional analysis of public sector activities has been reviewed to take accountofthe possible distortions arising from an asymmetric distribution of relevant information among the actors of the public decision-making process. A normative approach has been developed to design incentive schemes which tackle adverse selection and moral hazard problems within public organisations: our understanding of these problems is now much better, and some of the mechanisms designed have had important practical implications. While this analysis is still under way in many fields of public economics, as the papers by Jones and Zanola, and Trimarchi witness, a debate is ongoing on the possible theoretical limitations ofthis approach and on its actual relevance for public sector activities. This book encompasses different contributions to these issues, on both theoretical and practical areas, which were firstly presented at a conference in Catania. The innermost problem in the current discussion arises from the fact that this normative analysis is firmly rooted in the complete contracting framework, with the consequence that, despite the analytical complexities of most models, their results rely on very simplified assumptions. Most complexities of the organisation of public sector, and more generally, of writing "contracts", are therefore swept away.

Download or read book Fighting Corruption in Public Procurement written by Sope Williams-Elegbe and published by Bloomsbury Publishing. This book was released on 2012-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.

Download or read book Process and Procedure in EU Administration written by Carol Harlow Harlow KC and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the administrative procedures of the European Union, which we see as the 'super glue' holding in place the sprawling structures of the EU governance system. The early chapters deal with the structures expansively defined, the diverse functions of administrative procedures in the EU and the values that underpin them, concentrating on the respective contributions of the legislature and administration. A separate chapter deals with the important procedural function of rights protection through the two Community Courts and the contribution of the European Ombudsman. We then turn to 'horizontal' or general procedures, dealing with executive law-making, transparency and the regulation of government contracting. A study of Commission enforcement procedure ends the section. 'Vertical' or sector-specific studies in significant areas of EU administration follow, including competition policy, cohesion policy (structural funds) and financial services regulation. Separate chapters deal with policing cooperation through Europol and with the interplay of international and EU institutions in the fields of environmental procedure and human rights. The final chapter contains the authors' reflections on current proposals for codification but ends with a general evaluation of the role and contribution of administrative procedure in the construction of the EU.

Download or read book European Public Procurement written by Jan M. Hebly and published by Kluwer Law International B.V.. This book was released on 2007-01-12 with total page 1623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers into a single source all the legislative documents preceding the coming into effect of The Directive 2004/18 of the European Parliament and the Council on the Coordination of Procedures for the Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts. In great detail it clearly reveals the negotiation and compromise over the realisation of the legislative objectives - modernisation, simplification, and flexibility. The book first presents documents that outline the reasons that led to the intention to integrate public works (93/37/EEC), supply contracts (93/36/EEC), and service contracts (92/50/EEC) into one new directive. Then follow documents that detail the drafting of the recitals in the Preamble, the articles and the annexes. Finally, a list of legislative documents offers as complete an overview as possible of every item that played a role in the creation of Directive 2004/18/EC, including several amendments that have been made to the directive since it came into effect.