public private partnerships and responsibility under international law a global health perspective routledge research in international law

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Public Private Partnerships And Responsibility Under International Law

Author : Lisa Clarke
ISBN : 9781317975373
Genre : Law
File Size : 31. 49 MB
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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.

Improving International Investment Agreements

Author : Armand De Mestral
ISBN : 9781136260704
Genre : Law
File Size : 63. 61 MB
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This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Governing Public Health

Author : Mark Flear
ISBN : 9781782259732
Genre : Law
File Size : 66. 83 MB
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This book contributes towards EU studies and the growing discourse on law and public health. It uses the EU's governance of public health as a lens through which to explore questions of legal competence and its development through policy and concrete techniques, processes and practices, risk and security, human rights and bioethics, accountability and legitimacy, democracy and citizenship, and the nature, essence and 'future trajectory' of the European integration project. These issues are explored first by situating the EU's public health strategy within the overarching architecture of governance and subsequently by examining its operationalisation in relation to the key public health problems of cancer, HIV/AIDS and pandemic planning. The book argues that the centrality and valorisation of scientific and technical knowledge and expertise in the EU's risk-based governance means that citizen participation in decision-making is largely marginalised and underdeveloped ? and that this must change if public health and the quality, accountability and legitimacy of EU governance and its regulation are to be improved. Subsequently the book goes on to argue that the legitimating discourses of ethics and human rights, and the developing notion of EU (supra-)stewardship responsibility, can help to highlight the normative dimensions of governance and its interventions in public health. These discourses and dimensions provide openings and possibilities for citizens to power 'technologies of participation' and contribute important supplementary knowledge to decision-making.

Unhcr And The Struggle For Accountability

Author : Kristin Bergtora Sandvik
ISBN : 9781317433590
Genre : Business & Economics
File Size : 29. 19 MB
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Despite the key importance of accountability for the legitimacy of humanitarian action, inadequate academic attention has been given to how the concept of accountability is evolving within the specific branches of the humanitarian enterprise. Up to now, there exists no comprehensive account of what we label the 'technologies of accountability', the effects of their interaction, or the question of how the current turn to decision-making software and biometrics as both the means and ends of accountability may contribute to reshaping humanitarian governance. UNHCR and the Struggle for Accountability explores the UNHCR's quest for accountability by viewing the UNHCR's accountability obligations through the web of institutional relationships within which the agency is placed (beneficiaries, host governments, implementing partners, donors, the Executive Committee and UNGA). The book takes a multidisciplinary approach in order to illuminate the various layers and relationships that constitute accountability and also to reflect on what constitutes good enough accountability. This book contributes to the discussion regarding how we construct knowledge about concepts in humanitarian studies and is a valuable resource for academics, researchers and professionals in the areas of anthropology, history, international relations, international law, science, technology studies and socio-legal studies.

Social Partnerships And Responsible Business

Author : M. May Seitanidi
ISBN : 9781317962922
Genre : Business & Economics
File Size : 79. 67 MB
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Cross-sector partnerships are widely hailed as a critical means for addressing a wide array of social challenges such as climate change, poverty, education, corruption, and health. Amid all the positive rhetoric of cross-sector partnerships though, critical voices point to the limited success of various initiatives in delivering genuine social change and in providing for real citizen participation. This collection critically examines the motivations for, processes within, and expected and actual outcomes of cross-sector partnerships. In opening up new theoretical, methodological, and practical perspectives on cross-sector social interactions, this book reimagines partnerships in order to explore the potential to contribute to the social good. A multi-disciplinary perspective on partnerships adds serious value to the debate in a range of fields including management, politics, public management, sociology, development studies, and international relations. Contributors to the volume reflect many of these diverse perspectives, enabling the book to provide an account of partnerships that is theoretically rich and methodologically varied. With critical contributions from leading academics such as Barbara Gray, Ans Kolk, John Selsky, and Sandra Waddock, this book is a comprehensive resource which will increase understanding of this vital issue.

Tax Havens And International Human Rights

Author : Paul Beckett
ISBN : 9781317210924
Genre : Business & Economics
File Size : 29. 27 MB
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This book sails in uncharted waters. It takes a human rights-based approach to tax havens, and is a detailed analysis of structures and the laws that generate and support these. It makes plain the unscrupulous or merely indifferent ways in which, using tax havens, businesses and individuals systematically undermine and for all practical purposes eliminate access to remedies under international human rights law. It exposes as abusive of human rights a complex structural web of trusts, companies, partnerships, foundations, nominees and fiduciaries; secrecy, immunity and smoke screens. It also lays bare the cynical manipulation by tax havens of traditional legal forms and conventions, and the creation of entities so bizarre and chimeric that they defy classification. Yet from the perspective of the tax havens themselves, these are entirely legitimate; the product of duly enacted domestic laws. This book is not a work of investigative journalism in the style of the Pulitzer Prize-winning authors of The Panama Papers, exposing political or financial corruption, money laundering or the financing of terrorism. All those elements are present of course, but the focus is on international human rights and how tax havens do not merely facilitate but actively connive at their breach. The tax havens are compromising the international human rights legal continuum.

Public Private Partnerships In The European Union

Author : Christopher Bovis
ISBN : 9781317813712
Genre : Business & Economics
File Size : 87. 58 MB
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Public procurement in the European Union represents almost twelve per cent of the EU's GDP and is continuing to increase, having been identified as a key objective in the EU's aim to become the most competitive economy in the world by 2010. This book provides a one-stop shop, multi-disciplinary approach to public procurement and will be of use to academics and policy-makers. Providing its readers with practical description and analysis of the relevant policies, law and jurisprudence, the book also explores possible future trends in public procurement regulation.

World Yearbook Of Education 2016

Author : Antoni Verger
ISBN : 9781317518716
Genre : Education
File Size : 39. 15 MB
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This latest volume in the World Yearbook of Education series examines the global education industry both in OECD* countries as well as developing countries, and presents the works of scholars based in different parts of the word who have significantly contributed to this area of research. Focusing on the areas of cross-over in public-private partnerships in education, WYBE 2016 critically examines the actors and factors that have propelled the global rise of the education industry. Split into three key sections, Part I explores how education agendas are shaped; Part II considers the private financing of education and the export of school improvements to professional consultancies; and Part III analyses new market niches, such as low-fee private schooling and for-profit education provisions. The book draws upon case studies of many global organizations, including: The Bill and Melinda Gates Foundation Pearson Affordable Learning Fund Bridge International Academies Teach for All Omega Schools Co-edited by three internationally renowned scholars, Antoni Verger, Christopher Lubienski and Gita Steiner-Khamsi, WYBE 2016 will be a valuable resource for researchers, graduates and policy makers who are interested in the global education industry. *Convention on the Organisation for Economic Co-operation and Development.

The Law Of Armed Conflict

Author : Gary D. Solis
ISBN : 9781316652329
Genre : Law
File Size : 59. 46 MB
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Newly revised and expanded, The Law of Armed Conflict, 2nd edition introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict (LOAC), or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists legally bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? This book takes students through these LOACIHL questions and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied.

Public Private Partnerships

Author : Akintola Akintoye
ISBN : 9781317415374
Genre : Technology & Engineering
File Size : 64. 7 MB
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This timely new book provides an international perspective on Public Private Partnerships. Through 21 case studies, it investigates the existing and fast developing body of principles and practices from a wide range of countries and is the first book to bring together leading international academics and practitioners under a common framework that enables convenient cross-country comparisons. The authors focus on the impact of the financial crisis has had on how governments have reviewed and overhauled their PPP policies as they have examined or tested new ways of partnering more effectively, efficiently and sustainably with the private sector. Readers will be able to gauge the level of maturity of PPP development in the book’s case studies, understand similarities and differences in their practices, and gain useful insights into the regulatory framework and institutional infrastructure in place to support implementation of PPP. Finally, the book offers insights into the future challenges and opportunities that PPP offers stakeholders.

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