Download or read book Renegotiation with Public Utilities in Argentina written by Santiago Urbiztondo and published by . This book was released on 2003 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Granting and Renegotiating Infrastructure Concessions written by J. Luis Guasch and published by World Bank Publications. This book was released on 2004-01-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 1990s, infrastructure concessions were hailed as the solution to Latin America's endemic infrastructure deficit, by combining private sector efficiency with rent dissipation brought about by competition. This publication examines the design and implementation of over 1,000 examples of concession contracts, in order to identify the problems that have occurred in the process. It goes on to highlight lessons to be learned for the future, in order to realise the potential benefits of infrastructure reform and to contribute to economic growth and poverty reduction.
Download or read book The Renegotiations of Public Private Partnerships in Transportation written by Carlos Oliveira Cruz and published by Springer Nature. This book was released on 2021-02-18 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical basis for understanding the phenomenon of renegotiations in Public Private Partnerships (PPPs). It analyzes the case of transport projects, and provides empirical evidence from a variety of real-world projects. What drives renegotiations? Why are some projects more likely to be renegotiated than others? What are the outcomes? How can we improve the performance of renegotiation processes? These questions form the core of discussion in this book. PPPs are a procurement model for the delivery of infrastructure and public services that have experienced significant growth over the last three decades, particularly in terms of the development of transportation projects. The empirical evidence suggests that most PPP projects are inevitably renegotiated, i.e., the original contract needs to be adapted to new and unforeseen circumstances. The impacts of these changes on the welfare of the respective stakeholders are frequently asymmetric. Most academic research and professional guidelines are focused on PPP contract design and preparation of the procurement process, and very little has been published on the management and, mainly, the process of renegotiating that will – in all likelihood – occur. This book fills this gap in the academic discussion. Several country-based analyses and case studies from Europe and the Americas provide the reader with practical applications of the theory.
Download or read book Post Neoliberalism in the Americas written by L. Macdonald and published by Springer. This book was released on 2009-01-15 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a diverse range of analyses to interrogate policy changes and to grapple with the on-going transformations of neoliberalism in both North America and various Latin American states.
Download or read book Infrastructure and Public Utilities Privatization in Developing Countries written by Emmanuelle Auriol and published by World Bank Publications. This book was released on with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyzes governments' tradeoff between fiscal benefits and consumer surplus in privatization reforms of noncompetitive industries in developing countries. Under privatization, the control rights are transferred to private interests so that public subsidies decline. This benefit for tax-payers comes at the cost of price increases for consumers. In developing countries, tight budget constraints imply that privatization may be optimal for low profitability segments. For highly profitable public utilities, the combination of allocative inefficiency and critical budgetary conditions may favor public ownership. Finally, once a market segment gives room for more than one firm, governments prefer to regulate the industry. In the absence of a credible regulatory agency, regulation is achieved through public ownership.
Download or read book Application of Most Favoured Nation Clauses by Investor State Arbitral Tribunals written by Tanjina Sharmin and published by Springer Nature. This book was released on 2020-04-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.
Download or read book Contractual Renegotiations and International Investment Arbitration written by Aikaterini Florou and published by BRILL. This book was released on 2020-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.
Download or read book Political Competition Partisanship and Policy Making in Latin American Public Utilities written by Maria Victoria Murillo and published by Cambridge University Press. This book was released on 2009-08-24 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows that electoral competition and partisan government helped balance the conflicting demands of voters' interests with the financial pressures generated by capital scarcity.
Download or read book The Right of States to Regulate in International Investment Law written by Yulia Levashova and published by Kluwer Law International B.V.. This book was released on 2019-07-18 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.
Download or read book State Responsibility for Breaches of Investment Contracts written by Jean Ho and published by Cambridge University Press. This book was released on 2018-10-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.
Download or read book Utility Privatization and the Needs of the Poor in Latin America written by Antonio Estache and published by World Bank Publications. This book was released on 2000 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do Latin America's poor households lose from the privatization of infrastructure? How can policymakers minimize the risk of losses while promoting competition and private financing of infrastructure?
Download or read book Mobilizing private finance for local infrastructure in Europe and Central Asia written by Michel Noël and published by World Bank Publications. This book was released on 2004 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation "In recent years, the countries of the Europe and Central Asia (ECA) Region have experienced a marked decline in the interest of international private operators and investors in municipal infrastructure projects, in line with the trend experienced in other emerging markets. The objective of this paper is to explore the possible innovative elements of a Public-Private Partnership (PPP) in an effort to rekindle the sagging private finance interest in municipal infrastructure in the ECA Region. The contemplated PPP model would involve government, municipalities, Local Infrastructure Investment Trusts, private equity funds and/or turnaround advisors, and International Financial Institutions."
Download or read book Argentina written by International Monetary Fund and published by International Monetary Fund. This book was released on 2003-12-19 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good progress has been made in stabilizing the economic and social situation since the crisis. Fiscal adjustment over a prolonged period will bring the public finances to a sustainable path. To protect social expenditures and allow higher public investment, a comprehensive tax reform is required. Strengthening central bank autonomy is essential for the successful implementation of inflation targeting and restructuring of the financial system. Full cooperation with the multilateral development banks is important to secure necessary program financing, re-establishing sustained growth, and reducing widespread poverty.
Download or read book The Future of Public Water Governance written by Christopher A. Scott and published by Taylor & Francis. This book was released on 2024-11-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The privatization of water supply and wastewater systems, together with institutional restructuring of governance – through decentralization and the penetration of global firms in local and regional markets – have been promoted as solutions to increase economic efficiency and achieve universal water supply and sanitation coverage. Yet a significant share of service provision and water resources development remains the responsibility of public authorities. The chapters in this book – with case evidence from Argentina, Chile, France, the USA, and other countries – address critical questions that dominate the international agenda on public versus private utilities, service provision, regulations, and resource development. This book presents varied perspectives – largely complementary but at times contrasting – on public and private governance of water. Public authority in general is being reasserted over service provision, while resource development and investments in infrastructure continue as a mix of public and private initiatives. But more important, increased oversight and regulation of market-based initiatives that until recently were touted as panaceas for water supply and sanitation are increasingly being reconsidered on the basis of social equity, environmental, and public health concerns. This book was based on the special issue of Water International.
Download or read book International Investment Law written by Krista Nadakavukaren Schefer and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This up-to-date and revised third edition offers a clear and comprehensive overview aimed at upper-level undergraduate and postgraduate courses on international investment law. Key features and benefits include: • concise descriptions of legal principles followed by classic and contemporary cases • extracts from and analysis of key recent decisions, revised investment treaty texts and new court system proposals • detailed discussion notes and all new ‘Questions to an Expert’ to enable classroom discussion and facilitate critical reflection.
Download or read book Argentina Since Independence written by Leslie Bethell and published by Cambridge University Press. This book was released on 1993-10-29 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: A single volume discussing economic, social, and political history of Argentina since independence.
Download or read book The Economics of Public Private Partnerships written by Stéphane Saussier and published by Springer. This book was released on 2018-01-03 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the economic decisions behind the implementation of public-private partnerships (PPPs). The first part of the book discusses different forms of public procurement contracts, in particular in France and the UK, and provides an economic analysis of the potential advantages and pitfalls of public-private partnerships. This exploration of PPPs’ efficiency also includes an examination of the financing conditions of public procurements, as well as regulatory requirements. By reviewing empirical studies on PPPs, the second part of the book compares their advantages over purely public solutions and offers practical guidance on their implementation. Practitioners will also learn best practices on how to involve stakeholders in calls for bids.
