Closure of Central Public Sector Enterprises in India: a case study

Changing objective circumstances over time often warrant the closure of public sector enterprises that may have originally been established due to compelling public purposes. Many public enterprises lose their relevance and public purpose, become chronically loss making and are a recurring drain on public resources. Yet it has been found to be extremely difficult to actually close down any such enterprise due to a host of institutional constraints unique to the public sector. Closing down a public enterprise is difficult but not impossible, given the will and sincere execution. It has been done in India. While the practicalities have to be worked out, closure of any entity needs to be implemented sensitively given the human dimensions involved. This paper brings out a case study of the experience in implementing the closure of five public sector enterprises in India during the period 2014-16.

Militarization, slow violence, and the emerging threat of condemnation in Hawai‘i

This article examines the environmental impacts of the US military presence in Hawaii, looking specifically at the federal government’s power to condemn land for a ‘public purpose’ under the US Constitution. In 2018, the Hawaii Supreme Court ruled that the State of Hawaii failed its duty to properly manage 23,000 acres of lands leased to the military at Pōhakuloa and must take an active role in preserving trust property. With the expiration of this lease (and several others) approaching in 2029, controversy is stirring as to whether the military will simply condemn these lands if the cost of clean-up is greater than the land’s fair-market value at the expiration of the lease. In other words, as long as it remains cheaper for the military to pollute and condemn than it is for it to restore, what options do we have for legal and political recourse? Considering grassroots movements’ strategic use of media and legal action through an environmental justice lens, this article provides a starting point to consider avenues for ensuring proper clean-up of these lands, and ultimately, negotiating for their return to Kānaka Maoli.

State Legislatures and Distrust

This chapter explains the myriad restrictions that state constitutions place on state legislatures—such as single-subject rules, clear-title, and public-purpose clauses—and the kinds of problems that prompted them. The clear-title rule requires the subject of each bill to be expressed plainly in its title. The single-subject requirement ensures that each bill enacted by the legislature contains just one subject. The original-purpose requirement requires a final bill to line up with the stated purpose of the original bill. These limitations grew naturally out of a preoccupation of the Jacksonian era, curbing special interests. The US Constitution does not place comparable restrictions on Congress.

Visioning the future of health promotion

COVID-19 has shown us clearly that the world must commit to a transformative approach that promotes health and wellbeing. Living in the Anthropocene – an epoch defined by human impact on our ecosystems – moves us into unknown territory. The challenge is to find a way of living that aims to meet the needs of all people within the means of the living planet. We will require foresight, agility and resilience to be well prepared. The global risks we face are enormous and they are interconnected – yet the opportunity to accelerate change for the better is extraordinary as well. We have models, knowledge and technologies at our disposal that could significantly improve health and wellbeing and create fairer and more sustainable societies – yet they have not been used widely to serve the public purpose and to address inequities.

First genocide, now ecocide: an anti-life force in organisations?

Most contributions to OSD have assumed that organisations are beset by various anxieties—some inherent to their work, some to the social context in which they operate—which threaten to blow them off course. If not managed effectively these anxieties generate various defences—splitting, denial, dissociation, etc.—which undermine the capacity to engage creatively with the organisation's internal and external reality. Many of the organisations studied, in healthcare, education, etc., ostensibly have a public purpose, but what of those organisations whose purpose is antisocial, where their business is primarily to destroy rather than create? The group relations tradition emerged from the aftermath of the Holocaust and genocide. Today the genocidal impulse has become conjoined with an ecocidal one; as a result we stand on the brink of disaster. This article explores the "structures of feeling" in organisations as our existential fears reach acute levels, and asks whether we need to extend our frame of analysis beyond the anxieties and defences provoked by our destructiveness in order to better understand humanity's apparent embrace of destructiveness.

Theoretical aspects of research of infrastructure are in context of the project of approach

This article the infrastructure essence was investigated and the need exploring this category as an important factor of the state socio-economic development was underline. The developed infrastructure complex builds objective conditions to solve scientific and technical issues, optimizing economic ties, integrating the state into the global economic space. The implementation of projects the construction and modernization of infrastructure facilities will provide a multiplier effect and will contribute to economic growth. The relevance of the problems described is a condition for deep research in this direction. The purpose of the article is studeing the theoretical foundations of infrastructure and develops proposals for improving the classification of infrastructure in the context of the project approach. The survey methodology is based on methods of analysis, synthesis and comparison. These methods were used to study of existing approaches to the disclosure to essence of the infrastructure. The scientific novelty of the research is to develop a hierarchy of infrastructure classification within the framework of the project approach by grouping projects that ensure the functioning of the infrastructure, according to such hierarchical criteria as: the public purpose of the infrastructure project, the ability of the infrastructure project to generate cash flows, the goals of the infrastructure project. Conclusions. Investigations have show that in the economic literature there were different approaches to understand the essence of infrastructure, determining elements and classification one. The reasons for the different opinions lie in the practical using of the definition of infrastructure in various industries, spheres and areas of scientific research. Following investigate which had found out that the infrastructure was a multi-level system, which consists of material and non-material objects. Therefore, it is necessary to develop a classification for systematizing them according to different criteria Key words: infrastructure, infrastructure classification, project approach, infrastructure project, types of infrastructure.

Regulatory Coherence Requirements in Investment Treaty Arbitration

Part IV comprises two chapters, Chapter Seven and Chapter Eight. These chapters focus on investment treaty arbitration. Chapter Seven identifies the regulatory coherence tests emerging under each of the core investment protection guarantees. Fair and equitable treatment guarantees require host States’ regulatory measures to bear reasonable relationships to rational policies. National treatment guarantees call for a reasonable nexus to a rational government policy. The law on expropriation increasingly incorporates the understanding that reasonable measures adopted in good faith to address a real public health or environmental concern are ‘for a public purpose’. These tests all tend to accommodate domestic level decision-making, allowing room for the operation of democratic processes rather than envisaging an international legal override. This will assist with traditional procedural justifications for authority at the domestic and international level.

Lokalizacja instalacji odnawialnych źródeł energii – aspekty prawne

The article analyses in detail legal regulations governing the location of wind and photovoltaic farms. It also describes the basic planning instruments adopted in Poland. The analysis includes the principles adopted in the so-called “Distance Law”, i.e. the principle of investment location based on the local spatial development plan, and the principle of minimum distance of a wind tourbine from residential buildings. Next, the decisions permitting the location of PV farm were described - the decision on development conditions and the decision on the location of a public purpose investment. The article identifies legal and factual problems related to the adoption of legal regulations and offers potential solutions.