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.

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.

scholarly journals Public-Private Partnership In The Republic Of Uzbekistan: Foreign Theory And Problems Of Defining The Regulatory Sector

2021 ◽  
Vol 03 (04) ◽  
pp. 10-15
Author(s):  
Bakhtiyor Kayumov ◽  
Keyword(s):  
International Organizations ◽  
Civil Law ◽  
Administrative Law ◽  
Public Private Partnership ◽  
Point Of View ◽  
Private Partnership ◽  
International Theory ◽  
The Republic ◽  
Relationship Of ◽  
The Relationship

In this article, the author examines the problems of defining public-private partnership (PPP) from the point of view of the international theory and the experience of the Republic of Uzbekistan in this area. The views of foreign theorists, relevant international organizations, and scientists of the Republic of Uzbekistan regarding the term PPP are studied in detail. The author analyzes the relationship of PPP with the civil law contract and administrative law and concludes that the PPP agreement is classified as an unnamed contract in the Civil Code of the Republic of Uzbekistan. In conclusion, the author gives a proposal for improving the legislation of the Republic of Uzbekistan in the field of PPP.

scholarly journals Enhancing the Macedonian Health System through Implementation of the Public-Private Partnership Model

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
Dr.Sc. Iskra Belazelkoska Borizovska ◽  
Dr.Sc. Ljubomir Kekenovski
Keyword(s):  
Private Sector ◽  
Health System ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Partnership Model

The research involves determination of the extent to which the public-private partnership model can contribute to the improvement and enhancement of the healthcare services in Macedonia. To achieve this purpose, the research embraces comprehension of the common advantages and disadvantages of this model, encompassed with a case study of the public-private partnership in the specialized-consultative health protection for the health activity-dialysis, together with other efforts to ensure high quality health protection. It also reflects the attitudes of the public authorities and private sector entities regarding the significance of the public-private partnership model, consideration of the advantages and disadvantages before entering public-private partnerships and the ways public-private partnerships affect the employees and employments.The study outlines planned and realised efforts to implement this model to ensure better and more efficient healthcare system.Generally, the results from the survey and the outlined case study present this model as good solution for many healthcare challenges, since public-private partnerships offer different services to the citizens that neither the public nor the private sector could separately achieve. The public-private partnership model leads to new employment opportunities according to the opinion of the public authorities, while the private sector entities consider that public-private partnerships increase the responsibility of the employees in such partnership in comparison to the public sector. The outlined case study is an example of successful public-private partnership model in the field of healthcare and can serve as motivation for further implementation of this model to ensure better, enhanced and modern health system.

scholarly journals Development of the public-private partnership conception in the international legal environment

2020 ◽  
Vol 11 (4) ◽  
pp. 950-971
Author(s):  
Svetlana V. Maslova ◽  
Keyword(s):  
International Organizations ◽  
Large Scale ◽  
Legal Framework ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Evolutionary Development ◽  
Practical Implementation ◽  
Private Partnership ◽  
People First ◽  
Key Aspects

The article is devoted to the key aspects and stages of the conceptualization, formation and evolutionary development of public-private partnership (PPP) at the international level. Among the approaches of international organizations to PPP, the one that consolidates the concept of PPP with the UN’s S Sustainable Development Goals (SDGs) is highlighted. The interest in it is due to a very noticeable revitalization of a large number of international organizations in this direction. The foreign doctrine is still only forming a request to improve the PPP concept based on the best “Value for Money” through the efforts of the social value of PPP. However, in the approaches of international organizations, a new format of PPP, based on Value for People, is already being proposed. Is the proposed transformation evolutionary for the concept of PPP or is it nothing more than a large-scale campaign to popularize PPP in support of the SDGs? Finding the answer to this question and its argumentation is the purpose of the article. Based on the analysis of international PPP standards, an attempt is made to reveal the main elements and targets of the updated concept of “People-first Public-Private Partnerships”. Some examples of its practical implementation in the national legal framework of some states and the practice of PPP are provided. At the same time, the article undertakes a critical analysis of the relationship between the SDGs and “People-first Public-Private Partnerships” not only in terms of its ideology, but also in the context of legal relations developing within the framework of “People-first Public-Private Partnerships”.

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.

Innovative Tools for Increasing the Openness and Transparency of Public-Private Partnership Projects

2021 ◽  
Vol 27 (5) ◽  
pp. 361-367
Author(s):  
Е. V. Ushakova ◽  
Т. I. Vinogradova
Keyword(s):  
World Bank ◽  
International Organizations ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
World Bank Group ◽  
Private Partnership ◽  
The Public ◽  
Use Of Data ◽  
The Russian Federation ◽  
Bank Group

Aim. The presented study aims to identify the most effective tools for increasing the openness and transparency of public-private partnership projects for the purpose of developing recommendations to improve the efficiency of public-private partnership project management in the Russian Federation. Tasks. The authors analyze the international experience of ensuring the accountability of public-private partnership projects and using modern tools to improve the collection, disclosure, and use of data and information on public-private partnerships of international organizations; identify the most effective models for assessing the financial risks of public-private partnerships; determine directions for improving the efficiency of public-private partnership project management in the Russian Federation.Methods. This study uses general scientific methods, such as analysis, generalization, and classification. Analysis of foreign practices and tools is used to identify major tools and directions for increasing the openness and transparency of public-private partnership projects in Russia. Results. When examining international experience, the authors emphasize international approaches to risk management in public-private partnership projects, consider conditional budget obligations, which are assumed by public partners in public-private partnership projects along with direct obligations, the volumes and terms of payments for which are probabilistic and scenario-based. International principles and standards in the field of public-private partnerships of various organizations of the UN system, the International Monetary Fund (IMF), the Organization for Economic Cooperation and Development (OECD), and the World Bank Group are examined and analyzed. The analysis of innovative tools for improving the collection, disclosure, and use of data and information on public-private partnerships of international organizations (UN, IMF, OECD, World Bank Group) makes it obvious that special attention is paid to the openness of public-private partnership projects and to the public awareness of its relative costs, benefits, and risks in particular. International organizations believe that governments should develop and include in the implementation of public-private partnerships a consultation process commensurate with the scale of the project, taking into account the common public interests and opinions of stakeholders. This process should have a broad basis, facilitate dialogue, rely on public access to information and the needs of users. Conclusions. The relevance of developing effective tools for ensuring the openness (transparency) and accountability of public-private partnership projects is apparent. In this context, transparency implies not only the openness of information, but also adequate opportunities for parliamentary control and public consultations. Systems should be established at all levels of government to ensure regular collection of relevant data and institutional responsibility for their analysis, dissemination, and examination. Such data should be disclosed to the public in an accessible form and in a timely manner. This ensures the government's confidence in public finance management and increases the confidence of businesses and the population in the market. Financial transparency improves the efficiency of financial decisions and holds governments accountable for their financial performance and for the management and use of public resources.

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.

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