Global Public-Private Partnerships in International Law

2012 ◽  
Vol 2 (2) ◽  
pp. 339-374 ◽  
Author(s):  
Davinia AZIZ
Keyword(s):  
International Law ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Intergovernmental Organizations ◽  
Functional Requirements ◽  
Global Level ◽  
Private Partnership ◽  
National Jurisdiction ◽  
State Actors ◽  
Normative Issues

Over the last decade, public-private partnerships between states and a variety of non-state actors have proliferated as vehicles for functional co-operation at the global level. In parallel, there has been an emerging trend to accord such partnerships the privileges and immunities normally reserved for intergovernmental organizations (“IO-type privileges and immunities”). After identifying the legal and normative issues associated with this trend, this article argues that IO-type privileges and immunities should be restricted to entities that are clearly established under and governed by international law, and that any approach to IO-type privileges and immunities as a uniform package deal, regardless of the precise functional requirements of the global public-private partnership and its different categories of staff, or the specific conditions in the relevant national jurisdiction where a given privilege or immunity is sought, should be avoided.

Privileges and Immunities of Global Public-Private Partnerships: A Case study of the Global Fund to Fight AIDs, Tuberculosis and Malaria

2009 ◽  
Vol 6 (2) ◽  
pp. 383-419 ◽  
Author(s):  
Davinia Abdul Aziz
Keyword(s):  
International Law ◽  
International Organizations ◽  
Global Fund ◽  
Institutional Design ◽  
Administrative Law ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Private Partnership ◽  
Scholarly Literature

AbstractThe question of whether it is at all appropriate to extend privileges and immunities regimes beyond international organizations to the increasingly ubiquitous global public-private partnership structure has received little attention to date in the scholarly literature. This article examines this question through a study of the Global Fund to Fight AIDS, Tuberculosis and Malaria, a permanent global public-private partnership that formally incorporates non-state actors as equal players in its core governance structures. The article concludes that considerations of genesis and administrative law-type analyses of institutional design may, to some extent, substitute for the constituent treaty of classical international law in order to identify which global public-private partnerships should benefit from privileges and immunities, as well as the specific privileges and immunities to be granted in each case to facilitate the effective fulfilment of these partnerships' mandates.

THE МEANING OF PUBLIC-PRIVATE PARTNERSHIP FOR DEVELOPMENT OF LOCAL SELF-GOVERNMENT

2018 ◽  
Vol 28 (1) ◽  
pp. 351-356
Author(s):  
Sandra Risteska
Keyword(s):  
European Union ◽  
Economic Development ◽  
Rapid Development ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Successful Implementation ◽  
Economic Policies ◽  
The European Union ◽  
Private Partnership ◽  
Public And Private Sector

Each country strives for growing economic development, but no country is able to implement it. Various experiences and projects from the countries of the European Union and other neighboring countries are taken and considered. Towards the end of the 20th century and at the beginning of the 21st century, economic movements are increasingly relying on public-private partnerships, which can lead to a rapid development process through the financing of infrastructure projects. Economic globalization, as well as the emergence of new opportunities for economic activity in the world, are aimed at cooperation of the authorities and businesses in the realization of the socio-economic policies. The implementation and realization of development projects through public-private partnerships is impossible without participation by the relevant institutions of the public and private sector. Above all, direct participation implies expertise, experience and education. Every project that will be realized through various forms of public-private partnership must fulfill certain conditions. Among the conditions for proper implementation of the project are: dialogue, transparency and monitoring. The main feature of PPP is the transfer of the risk to the financing, efficiency and quality of public services, which are usually the burden of the private partner. This paper analyzes and explores the essence of public-private partnership. The conceptual framework for public-private partnership, as well as its strengths and weaknesses, is set. With the application of PPP, the economic development of the infrastructure as a whole, and in particular the development of local infrastructure, is analyzed. The origin of PPPs, its characteristics, as well as the need and importance for their continuous implementation are explained. The application of PPP is considered through the experiences in certain countries of the European Union and the Republic of Macedonia. Then, the responses to previously hypothesized hypotheses are collected: what is the successful implementation of PPP, what is needed for PPPs and why. In the end, the data from the conducted research are collected, analyzed and determined the profile of certain activities, as well as the possible decisions for further strategies for the implementation of the PPPs.

Méthodologie d’analyse conceptuelle appliquée: Comment définir le concept de ‘partenariat public–privé’ dans une perspective juridique et transdisciplinaire?

2012 ◽  
Vol 51 (2) ◽  
pp. 280-300 ◽  
Author(s):  
Julie McCann ◽  
Martin Thiboutot
Keyword(s):  
Conceptual Analysis ◽  
Public Services ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Analysis Framework ◽  
Private Partnership ◽  
Legal Concepts

The increasing use of public–private partnerships (PPP) as a means of delivering public services or constructing public infrastructures draws growing interest in the legal community. The ambiguity and lack of consensus surrounding the content of PPP as a concept, leads the researcher to refer to various disciplinary sources. Widely encouraged in law, transdisciplinarity often suffers methodological insufficiencies when comes the time to define transdisciplinary concepts. The authors revisit the interpretation methods developed by the courts, and propose a complementary conceptual analysis framework. The developed framework is then applied to the emerging concept of public–private partnership, as it is used and defined in various disciplines. The paper demonstrates the feasibility and desirability to provide a transdisciplinary perspective to legal concepts.

scholarly journals Critical Success Factors for Sustainable Public-Private Partnership (PPP) in Transition Conditions: An Empirical Study in Bosnia and Herzegovina

2020 ◽  
Vol 12 (17) ◽  
pp. 7121
Author(s):  
Goran Amović ◽  
Rado Maksimović ◽  
Sonja Bunčić
Keyword(s):  
Critical Success Factors ◽  
Success Factors ◽  
Principal Component ◽  
Transitional Economies ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Private Partnership ◽  
Methodological Research ◽  
Critical Success ◽  
National Governments

In the initial stages of the adoption and institutionalization of Public-Private Partnerships (PPPs), national governments of transitional economies have accepted, developed, and organized Public-Private Partnerships with varying degrees of success. This study aims to investigate the critical success factors (CSFs) influencing the establishment of a sustainable Public-Private Partnership in transition conditions. In the first part of the paper, based on an extensive review of the literature, previous studies and relevant results in this field are presented as a background for this research. In the second part of this article, the survey used a factor analysis, which, with the application of the Principal Component Analysis and Varimax method with Kaiser normalization, has extracted four CSFs: (1) the establishment of a central PPP unit—knowledge center; (2) the establishment of a compatible legal/regulatory framework; (3) development of national PPP policies and strategies; and (4) standardization and transparency of the process. In the concluding remarks, the authors address the perspectives and methodological research constraints, examining possibilities to develop new knowledge and more efficient Public-Private Partnership implementation in the developing PPP markets of transitional economies.

scholarly journals The evolution of public–private partnership in Ireland: a sustainable pathway?

2016 ◽  
Vol 84 (3) ◽  
pp. 579-595 ◽  
Author(s):  
Gail Sheppard ◽  
Matthias Beck
Keyword(s):  
Public Sector ◽  
Public Private Partnership ◽  
Institutional Isomorphism ◽  
Public Private Partnerships ◽  
Credit Crisis ◽  
Private Partnership ◽  
Institutional Legitimacy ◽  
The Uk ◽  
Voluntary Adoption ◽  
Institutional Capacity Building

Ireland is a latecomer to public–private partnerships, having only adopted them in 1998. Prior to the credit crisis, Ireland followed the UK model, with public–private partnerships being implemented in transport, education, housing/urban regeneration and water/wastewater. Having stalled during the credit crisis, public–private partnerships have recently been reactivated with the domestic infrastructure stimulus programme. The focus of this article is on Ireland as a younger participant in public–private partnerships and the nexus between adoption patterns and the sustainability characteristics of Irish public–private partnerships. Using document analysis and exploratory interviews, the article examines the reasons for Ireland's interest in public–private partnerships, which cannot be attributed to economic rationales alone. We consider three explanations: voluntary adoption – where the UK model was closely followed as part of a domestic modernisation agenda; coercive adoption – where public–private partnership policy was forced upon public sector organisations; and institutional isomorphism – where institutional creation and change around public–private partnerships were promoted to help public sector organisations gain institutional legitimacy. We find evidence of all three patterns, with coercive adoption becoming more relevant in recent years, which is likely to adversely affect sustainability unless incentives for voluntary adoption are strengthened and institutional capacity building is boosted. Points for practitioners There are many reasons why public sector organisations procure via public–private partnerships, and motivations can change over time. In Ireland, public–private partnership adoption changed from being largely voluntary to increasingly coercive. Irrespective of motives, public–private partnership procurement must be underpinned by incentives and institutional enabling mechanisms, which should be strengthened to make Ireland's public–private partnership strategy sustainable.

Explaining Public-Private Partnership Projects through Political Factors: An Assessment of Developing Countries

2021 ◽  
pp. 003232172110403
Author(s):  
Noemí Peña-Miguel ◽  
Beatriz Cuadrado-Ballesteros
Keyword(s):  
Developing Countries ◽  
Political Ideology ◽  
Political Competition ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Left Wing ◽  
Political Factors ◽  
Middle Income ◽  
Private Partnership ◽  
The Government

This article analyses the effect of political factors on the use of Public Private Partnerships in developing countries. According to a sample of 80 low- and middle-income countries over the period 1995–2017, our findings suggest that Public Private Partnership projects are affected by political ideology, the strength of the government and electoral cycles. Concretely, they tend to be used by left-wing governments to a greater extent than governments with other ideologies. Public Private Partnerships also tend to be more frequently used by fragmented governments and when there is greater political competition. There is also some evidence (although slight) on the relevance of the proximity of elections in explaining Public Private Partnerships in developing countries.

Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs

2021 ◽  
pp. 1-10
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Private Investment ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Legal Doctrine ◽  
Private Partnership ◽  
Cross Border ◽  
State Actors ◽  
The Impact

Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

Using Systems Analysis and Dynamics to Evaluate Public Private Partnerships with Data and Best Practices from SAFER Santa Rosa

2015 ◽  
pp. 195-216
Author(s):  
Daniel Hahn
Keyword(s):  
Public Sector ◽  
Emergency Management ◽  
Systems Analysis ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Private Partnership ◽  
The Public ◽  
Federal Organizations ◽  
Original Case

Public private partnerships have been gaining the interest of emergency management and security-related federal organizations. In 2010, the National Academies Press published a framework for resilience-focused private-public sector collaboration which may be the catalyst for how resilience-oriented public private partnerships are developed in the future (National Academies Press. 2010). Public private partnerships can be utilized to increase citizen awareness and preparedness, to address a specific need in a community, or to accomplish any other function that brings a community and government together. “Utilized correctly, a public private partnership is a win-win situation for all participants” (Hahn, 2010, p. 274). Although perceived as very successful, no prior systems analysis has been conducted on these partnerships. In this chapter, a successful public private partnership is evaluated using systems analysis techniques. Results of that analysis, along with details of the original case study and the public private partnership itself are presented.

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