Ethics and the ‘Public Interest’: Towards Understanding Public Choice in ‘Developing’ Countries

1995 ◽  
Vol 41 (3) ◽  
pp. 275-295
Author(s):  
J.W. BjÖrkman
2016 ◽  
Vol 9 (1) ◽  
pp. 82-99 ◽  
Author(s):  
Moosa Elayah

This article examines reasons for the ineffectiveness of foreign aid interventions in developing countries, using the examples of Yemen, Egypt and Jordan. It starts with a review of two contradictory theories used to explain foreign aid ineffectiveness: the public interest perspective (PIP) and the public choice perspective (PCP). On the basis of the PCP, this article shows that deficiencies are locked within a vicious circle of a poor policy and institutional environments in developing countries and donors' self-interest. The article ends by proposing a third explanation of foreign aid ineffectiveness that goes beyond the scope of the PCP.


2019 ◽  
Vol 11 (1) ◽  
pp. 1-22
Author(s):  
Dimitrii Trubnikov

Purpose – The liberalization of European telecommunications has been expressed in highly concentrated markets with several major players at the pan-European level. Instead of fostering competitive marketplaces, the reform has created an oligopolistic landscape with powerful private corporations. This induces reasonable questions about the real objectives and the chosen ways of the reform. Methodology/approach/design – The deregulatory movement in the telecommunications sector is analyzed through contrasting perspectives of the public interest approach and public choice theory. Findings – The chance to change the landscape of the industry has been missed, and the current trend towards the global oligopolistic marketplace yields an unprecedented amount of economic power to narrow groups at the global scale. The liberalization movement introduced market mechanisms in the industry, but the real free and open market has never been formed, and it is possible to assert that it has never been among the real objectives and intentions of the policymakers. Originality/value – The recent surge of “liberalization” in the telecommunications industry speaks rather in favor of the hypothesis of vested private interests in the policy and that they have always been greatly covered by the sauce of public interest justifications. The case of telecommunications shows that ideas and understanding of economic phenomena played an important role in adoption of regulatory regimes, and it is apparent that people on the top of the social pyramid have opportunities to pick up and foster those ideas that better fit their private needs.


2018 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 


2015 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 


2018 ◽  
Vol XIX (1) ◽  
pp. 159-162
Author(s):  
Nistor F

Globalization and increased free trade between continents have led to the need to adapt port management to changes and opportunities that occurred. Ports under public administration have had to identify strategies to deal with more aggressive regional or international competition. The opinion of governments of developing countries about improving port performance is more involvement of the private sector. Therefore, countries have understood the need to change over ports administration system from the "public interest" into "public/private interest" category. This paper attempts to highlight the importance of structural reform in the ports due to national markets open up to international trade and the need to integrate the port into the local or regional logistic chain.


2015 ◽  
Vol 14 (1) ◽  
pp. 23-48 ◽  
Author(s):  
Thaddeus Manu

Purpose – The purpose of this paper is to examine the extent to which developing countries could build national initiatives of compulsory licences. Design/methodology/approach – The focus of this article is only on developing countries. The author reflects on the Indian patent jurisprudence regarding the operational relationship between the general principles applicable to working of patented inventions locally and the grant of compulsory licences. The discussion that follows is based on a review of the case: Bayer Corporation versus Natco Pharma with a view to presenting a model for developing countries to maintain that the public interest principle of patent law is well-founded in their domestic patent regimes. Findings – The analysis confirms that failure to work locally continues to be abusive of the patent right under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and remains a valid condition on which to grant a compulsory licence. Thus, this reverses the often-contrary misconception that has become almost a unanimous assumption that failure to work basis for granting compulsory licensing would violate Article 27(1) of TRIPS and its enforcement provisions on patent. Originality/value – The author argues that as no member state has challenged the legality of Indian’s decision in the World Trade Organisation, under the dispute settlement understanding (DSU) system is more supportive of the contention that failure to work locally continues to be permissible under TRIPS and remains valid conditions on which member states can grant compulsory licences. This further adds weight to the understanding that nothing in the light of TRIPS would, in fact, preclude any possibility of developing countries amending their patent laws accordingly to maintain that the public interest principle underlining patent law is well-founded in their domestic patent regimes.


1979 ◽  
Vol 41 (3) ◽  
pp. 344-374 ◽  
Author(s):  
L. L. Wade

In recent years, several writers using the new political economy or public choice approach to political analysis have sought to improve our understanding of bureaus, bureaucrats and governments and, in some cases, to suggest ways in which their behavior might be “improved” in the public interest. The public choice approach to public administration rejects the so-called sociological or traditional political science approaches with their alleged Parsonian, Weberian, Marxist, historical, institutional or organic biases and limitations in favor of an individualistic, deductive, noninstitutional analysis, which is thought to be more cogent, more fertile in testable hypotheses, more genuinely theoretical and more relevant in terms of reform. Here the view is taken that the pathos of the public choice approach to public administration consists in this: that public choice advocates by virtue of their methodology are fated to “lose” consistently on questions of administrative reform and prescriptive efficacy, even while contributing, potentially importantly, to the scientific understanding of nonmarket, usually public, organizations or “bureaus.”


2018 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 


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