Search results for: private international law
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5229

Search results for: private international law

5229 Functions of Public Policy in Private International Law

Authors: Fedorova Elena

Abstract:

In this article, we draw a distinction between two important functions of public policy in private international law. The first function is widely recognized and relates to the prevention of application of foreign laws and enforcement of foreign court judgments whenever their effects are incompatible with the domestic legal system of the forum. This effectively protects sovereign rights of the forum state as it allows to resist against the undesirable effects of foreign law-making and law-enforcement policies. The second function is less obvious, but not less important. As the internal private legal relationships, international private relationships are usually governed by rules of public policy, to which the parties can not derogate by mutual agreement. Thefore, for international private law relations public policy has a different function than previously mentioned: in this case, the public policy acts as a defense against unacceptable effects of the party autonomy. Thus, this second function of public policy consists in the limitation of the party autonomy wich effects would be unacceptable for the local legal system. In the frame of this second function the author will analyse two types of public policy which can limit the party autonomy: « substantial » public policy (which regulates the substance of international legal relationship) and « conflictual » public policy (which regulates the party autonomy to choose the law applicable for the substance of relationship). The author provides an analysis of these functions of the public policy in the field of international contract law because of the important role of the principle of party autonomy for international contract relations.

Keywords: public policy, general theory of private international law, substantial public policy, conflictual public policy

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5228 Evaluation Synthesis of Private Sector Engagement in International Development

Authors: Valerie Habbel, Magdalena Orth, Johanna Richter, Steffen Schimko

Abstract:

Cooperation between development actors and the private sector is becoming increasingly important, as it is expected to mobilize additional resources to achieve the Sustainable Development Goals (SDGs), among other things. However, whether the goals of cooperation are achieved has so far only been explored in evaluations and studies of individual projects and instruments. The evaluation synthesis attempts to close this gap by systematically analyzing existing evidence (evaluations and academic studies) from national and international development cooperation on private sector engagement. Overall, the evaluations and studies considered report mainly positive effects on investors and donors, intermediaries, partner countries, and target groups. However, various analyses, including on the quality of the evaluations, point to a positive bias in the results. The evaluation synthesis makes recommendations on the definition of indicators, the measurement and evaluation of impacts and additionality, knowledge management, and the consideration of transaction costs in cooperation with private actors.

Keywords: evaluation synthesis, private sector engagement, international development, sustainable development

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5227 The Web of Injustice: Untangling Violations of Personality Rights in European International Private Law

Authors: Sara Vora (Hoxha)

Abstract:

Defamation, invasion of privacy, and cyberbullying have all increased in tandem with the growth of the internet. European international private law may struggle to deal with such transgressions if they occur in many jurisdictions. The current study examines how effectively the legal system of European international private law addresses abuses of personality rights in cyberspace. The study starts by discussing how established legal frameworks are being threatened by online personality rights abuses. The article then looks into the rules and regulations of European international private law that are in place to handle overseas lawsuits. This article examines the different elements that courts evaluate when deciding which law to use in a particular case, focusing on the concepts of jurisdiction, choice of law, and recognition and execution of foreign judgements. Next, the research analyses the function of the European Union in preventing and punishing online personality rights abuses. Key pieces of law that control the collecting and processing of personal data on the Internet, including the General Data Protection Regulation (GDPR) and the e-Commerce Directive, are discussed. In addition, this article investigates how the ECtHR handles cases involving the infringement of personal freedoms, including privacy and speech. The article finishes with an assessment of how well the legal framework of European international private law protects individuals' right to privacy online. It draws attention to problems with the present legal structure, such as the inability to enforce international judgements, the inconsistency between national laws, and the necessity for stronger measures to safeguard people' rights online. This paper concludes that while European international private law provides a useful framework for dealing with violations of personality rights online, further harmonisation and stronger enforcement mechanisms are necessary to effectively protect individuals' rights in the digital age.

Keywords: European international private law, personality rights, internet, jurisdiction, cross-border disputes, data protection

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5226 Legal and Contractual Framework for Private Experiments in Space

Authors: Linda Ana-Maria Ungureanu

Abstract:

As space exploration opens to new actors, we are faced with the interesting question of regulating more complex structures that enable private experiments. From intellectual property implications to private and public law, there is a multitude of factors and legal structures that need to be taken into consideration when opening space, and these structures need to be harmonized with the International Space Treaties governing space exploration. In this sense, this article presents an overview of the legal and contractual framework applicable to private experiments conducted in space and/or in relation to off-world environments. Additionally, the article analyses the manner in which national space agencies regulate agreements concluded with private actors and research institutions. Finally, the article sets a series of de lege ferenda proposals for the regulation of general research and development rules and intellectual property matters that are connected to experiments and research conducted in space and/or concerning off-world environments.

Keywords: private space, intellectual property, contracts, ESA guidelines, EU legislation, Intellectual property law, international IP treaties

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5225 Horizontal Dimension of Constitutional Social Rights

Authors: Monika Florczak-Wątor

Abstract:

The main purpose of this paper is to determine the applicability of the constitutional social rights in the so-called horizontal relations, i.e. the relations between private entities. Nowadays the constitutional rights are more and more often violated by private entities and not only by the state. The private entities interfere with the privacy of individuals, limit their freedom of expression or disturb their peaceful gatherings. International corporations subordinate individuals in a way which may limit their constitutional rights. These new realities determine the new role of the constitution in protecting human rights. The paper will aim at answering two important questions. Firstly, are the private entities obliged to respect the constitutional social rights of other private entities and can they be liable for violation of these rights? Secondly, how the constitutional social rights can receive horizontal effect? Answers to these questions will have a significant meaning for the popularization of the practice of applying the Constitution among the citizens as well as for the courts which settle disputes between them.

Keywords: social rights, private relations, horizontality, constitutional rights

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5224 A Survey on How Faculty Perceive and Quest for Modes of Internationalization in a Private Higher Education Institution

Authors: Hanife Akar, Basak Calik, Gulcin Gulmez-Dag, Elanur Yilmaz

Abstract:

Internationalization in higher education (IHE) has been a longstanding issue in the Western World but its impact has travelled beyond its borders. As a developing country, universities in Turkey also have put into their agendas strategic plans for IHE to compete with global trends and benchmarked universities. The purpose of this study was to explore how faculty in a private university in Mid Anatolia would like see modes of internationalization in their institution through a survey design and understand their quest for internationalization. Findings indicate that participants (N=49) are internationalized in different ways, from holding international Ph.D. degrees to postdoctoral degrees, or being international faculty themselves. Participants’ visions seem to be affected by the type of programs they are in, and many consider being a part of an international joint program or having international students and faculty are an essential component in IHE. In addition to holding joints degrees, and exchange or international human sources, participants quest for more collaboration for R&D, more comparative research opportunities, and examine or develop curricula from a global perspective.

Keywords: faculty, higher education, internationalization, visions

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5223 Status of Hospitality and Tourism Management Progam of Selected Private Higher Education Institutions: Basis for Internationalization

Authors: Ruth Estrada Javier - Reyes

Abstract:

The study assessed the status of HTM program of selected private higher education institutions for internationalization across the eleven regions of the country. The descriptive survey method of research was used in this study. A devised survey questionnaire was utilized to gather information about the status of Philippine Higher Education Institutions’ internationalization of hospitality and tourism management education programs. The respondents were 12 administrators, 17 deans and program heads, 104 faculty members and 860 HTM students. Frequency, percentage, mean, standard deviation, t-test and F-test were used to treat the data. The results of the study are as follows: HEIs’ HTM education had complied with the policies/standards of CHED as per CMO No. 30 S. 2006. The respondents of the HTM education program were qualified for internationalization as assessed both by administrators and faculty. The private HEIs are ready to apply for international certification of their HTM education programs. The curriculum of HTM education programs in private HEIs are enriched by internationalization requirements. The administrators and faculty of HTM education programs are qualified educators but have limited participation in collaborative international research and linkages. The HEIs are qualified to apply for the internationalization of the Hospitality and Tourism Management education program in preparation to the ASEAN 2015.

Keywords: status, Hospitality and Tourism Management Program, internationalization, Private Higher Education Institutions

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5222 Does Inflation Affect Private Investment in Nigeria?

Authors: Amassoma Ditimi, Nwosa Philip Ifeakachukwu

Abstract:

This study examined the impact of inflation on private investment in Nigeria for the period 1980 to 2012. Private investment was measured by foreign direct investment and private domestic investment. The study employed the Ordinary Least Square (OLS) technique. The empirical regression estimate showed that inflation had a positive but insignificant effect on private investment in Nigeria; implying that although an increase in inflation rate leads to a corresponding increase in private investment but however the effect was found to be insignificant. Thus, the study recommended that government should prevent high inflation rate that can negatively affect private investment in Nigeria and government should also put in place appropriate facilities that are investment enhancing in order to increase the level of both domestic and foreign private investment in Nigeria.

Keywords: inflation rate, private investment, OLS, Nigeria

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5221 The Organizational Structure of the Special Purpose Vehicle in Public-Private Partnership Projects

Authors: Samuel Capintero

Abstract:

Public-private partnerships (PPP) arrangements have emerged all around the world as a response to infrastructure deficits and the need to refurbish existing infrastructure. During the last decade, the Spanish companies have dominated the international market of PPP projects in Latin America, Western Europe and North America, particularly in the transportation sector. Arguably, one of the most influential factors has been the organizational structure of the concessionaire implemented by the Spanish consortiums. The model followed by most Spanish groups has been a bundled model, where the concessionaire integrates the functions of concessionaire, construction and operator companies. This paper examines this model and explores how it has provided the Spanish companies with a comparative advantage in the international PPP market.

Keywords: PPP, project management, concessionaire, concession, infrastructure, construction

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5220 Advertising Incentives of National Brands against Private Labels

Authors: Lu Liao

Abstract:

This paper studies the impact of private labels on the advertising incentives of national brands. The worldwide expansion of private labels over the past two decades not only transformed the choice sets of consumers but also forced manufacturers of national brands to design new marketing strategies to maintain their market positions. This paper first develops a consumer demand model that incorporates spillover effects of advertising for antacids, including private labels and finds positive spillovers of national brands’ advertising on demand for private label antacids. With the demand estimates, it provides a simulation for the equilibrium prices and advertising levels for leading national brands in a counterfactual where private labels are eliminated to quantify national brands’ advertising incentives as a response to the rise of private labels.

Keywords: advertising, private label, marketing, demand

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5219 Religion, Education, and Nation: Anticlerical Principle of France and Private School Law of South Korea

Authors: Minjeoung Kim

Abstract:

The education plays an important role of political socialization in politics. In Korean and in France, religion in education is situated in an important place, but religious education in school is dealt differently in two countries. In this article, the author tries to reveal the reason why in France private Catholic schools can keep their religious discipline, but in Korea, private Christian schools cannot insist Christianism to their students. This is because of the different situation of their budget. In Korea, even though private schools are named ‘private’, they cannot be managed without government subsidy but in France, private Catholic schools are owned by private foundation and their budget is based on their own resource. That’s why French private schools do not need to follow governmental guidance but not in Korean case.

Keywords: religion, politics, South Korea, France

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5218 Applicable Law to Intellectual and Industrial Property Agreements According to Turkish Private International Law and Rome I Regulation

Authors: Sema Cortoglu Koca

Abstract:

Intellectual and industrial property rules, have a substantial effect on the sustainable development. Intellectual and industrial property rights, as temporary privileges over the products of intellectual activity, determine the supervision of information and technology. The level and scope of intellectual property protection thus influence the flow of technology between developed and developing countries. In addition, intellectual and industrial property rights are based on the notion of balance. Since they are time-limited rights, they reconcile private and public benefits. That is, intellectual and industrial property rights respond to both private interests and public interests by rewarding innovators and by promoting the dissemination of ideas, respectively. Intellectual and industrial property rights can, therefore, be a tool for sustainable development. If countries can balance their private and public interests according to their particular context and circumstances, they can ensure the intellectual and industrial property which promotes innovation and technology transfer relevant for them. People, enterprises and countries who need technology, can transfer developed technology which is acquired by people, enterprises and countries so as to decrease their technological necessity and improve their technology. Because of the significance of intellectual and industrial property rights on the technology transfer law as mentioned above, this paper is confined to intellectual and industrial property agreements especially technology transfer contracts. These are license contract, know-how contract, franchise agreement, joint venture agreement, management agreement, research and development agreement. In Turkey, technology transfer law is still a developing subject. For developing countries, technology transfer regulations are very important for their private international law because these countries do not know which technology transfer law is applicable when conflicts arise. In most technology transfer contracts having international elements, the parties choose a law to govern their contracts. Where the parties do not choose a law, either expressly or impliedly, and matters which is not excluded in party autonomy, the court has to determine the applicable law to contracts in a matter of capacity, material, the formal and essential validity of contracts. For determining the proper law of technology transfer contracts, it is tried to build a rule for applying all technology transfer contracts. This paper is confined to the applicable law to intellectual and industrial property agreements according to ‘5718 Turkish Act on Private International Law and Civil Procedure’ and ‘Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)’. Like these complex contracts, to find a rule can be really difficult. We can arrange technology transfer contracts in groups, and we can determine the rule and connecting factors to these groups. For the contracts which are not included in these groups, we can determine a special rule considering the characteristics of the contract.

Keywords: intellectual and industrial property agreements, Rome I regulation, technology transfer, Turkish act on private international law and civil procedure

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5217 Intra and International Collaborations as Important Factors of Organisational Innovation of Government Agencies in STI Ecosystem in ASEAN

Authors: Salinthip Thipayang, Achara Chandrachai, Rath Pichyangkura, Sukree Sinthupinyo

Abstract:

Most of the well-known frameworks and tools to measure and compare organisational innovation of the public or government agencies have been designed and used in the developed economies such as the EU, Nordic Region, Australia, and South Korea. This project is one of the very first attempts to develop a measurement tool to adequately measure the organisational (administrative) innovation of the government agencies in the developing economies in ASEAN. New measurement framework with the components including the intra and international collaborations of these government agencies to other private, public and academic sectors were added to the proposed measurement framework. Questionnaires and in-depth interviews with the experts and the middle to top executives of the participating public agencies in the ASEAN member states were conducted to determine the suitability and develop the indicators that should be included in the measurement model. The results showed that intra and international collaborations of these government organisations to other agencies in the public, private and academic sectors can lead to new changes and greatly impact the ways in which these government agencies in the ASEAN STI ecosystem are operated and administered. Government organisations in less developing countries in ASEAN are ready and willing to learn from their counterparts in other more advanced countries and adjust their internal management to be more innovative and to better handle international collaborative projects and commitments.

Keywords: organisational innovation, administrative innovation, government agencies, public agencies, ASEAN science technology and innovation ecosystem, international collaborations

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5216 The Significance of Islamic Concept of Good Faith to Cure Flaws in Public International Law

Authors: M. A. H. Barry

Abstract:

The concept of Good faith (husn al-niyyah) and fair-dealing (Nadl) are the fundamental guiding elements in all contracts and other agreements under Islamic law. The preaching of Al-Quran and Prophet Muhammad’s (Peace Be upon Him) firmly command people to act in good faith in all dealings. There are several Quran verses and the Prophet’s saying which stressed the significance of dealing honestly and fairly in all transactions. Under the English law, the good faith is not considered a fundamental requirement for the formation of a legal contract. However, the concept of Good Faith in private contracts is recognized by the civil law system and in Article 7(1) of the Convention on International Sale of Goods (CISG-Vienna Convention-1980). It took several centuries for the international trading community to recognize the significance of the concept of good faith for the international sale of goods transactions. Nevertheless, the recognition of good faith in Civil law is only confined for the commercial contracts. Subsequently to the CISG, this concept has made inroads into the private international law. There are submissions in favour of applying the good faith concept to public international law based on tacit recognition by the international conventions and International Tribunals. However, under public international law the concept of good faith is not recognized as a source of rights or obligations. This weakens the spirit of the good faith concept, particularly when determining the international disputes. This also creates a fundamental flaw because the absence of good faith application means the breaches tainted by bad faith are tolerated. The objective of this research is to evaluate, examine and analyze the application of the concept of good faith in the modern laws and identify its limitation, in comparison with Islamic concept of good faith. This paper also identifies the problems and issues connected with the non-application of this concept to public international law. This research consists of three key components (1) the preliminary inquiry (2) subject analysis and discovery of research results, and (3) examining the challenging problems, and concluding with proposals. The preliminary inquiry is based on both the primary and secondary sources. The same sources are used for the subject analysis. This research also has both inductive and deductive features. The Islamic concept of good faith covers all situations and circumstances where the bad faith causes unfairness to the affected parties, especially the weak parties. Under the Islamic law, the concept of good faith is a source of rights and obligations as Islam prohibits any person committing wrongful or delinquent acts in any dealing whether in a private or public life. This rule is applicable not only for individuals but also for institutions, states, and international organizations. This paper explains how the unfairness is caused by non-recognition of the good faith concept as a source of rights or obligations under public international law and provides legal and non-legal reasons to show why the Islamic formulation is important.

Keywords: good faith, the civil law system, the Islamic concept, public international law

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5215 The Historical Framework of International Crime in International Criminal Law

Authors: Tahraoui Boualem

Abstract:

Researching the historical framework of international crime means examining the historical facts that have contributed to uncovering this serious crime affecting international interests, and the law by which the study of the subject of international crime is determined is international criminal law, which is a branch of public international law. In this context, the historical study of international crime means recognizing the existence of an international community governed by international law, which makes us acknowledge that ancient societies lacked such stable and recurring international relations. Therefore, an attempt to monitor international crime in those ancient societies is only to demonstrate a historical fact that those societies have known some features of this crime, and have contributed in one way or another to the development of international criminal law without defining its concept or legal nature. The international community has affirmed the principle of establishing peace, achieving security, and respecting human rights. As a basis for friendly relations between the people of the international community and in case of prejudice, such as the aggressors breaching the obligations imposed on them, whether in time of peace or war.

Keywords: historical framework, of international crime, peace or war., international law

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5214 Perception of Agricultural Extension Agents of Private Sector Participation in Extension Services in Ogun State, Nigeria

Authors: E. O. Fakoya, B. G. Abiona, J. O. Soetan

Abstract:

The study determined Perception of Agricultural Extension Agents of Private Sector Participation in Extension Services in Ogun State, Nigeria. Data were collected from 80 respondents with a well-structured questionnaire. The result of the findings showed that there is need for private sector participation in extension services (=4.313), private extension services has facilities than public extension services (=4.97). Private sector participated in extension services by: giving of loans and credits to farmers (=4.50). Major constraints identified by the respondents were: Transportation problem (=2.88) and lack of fund (=2.77) A significant relationship (P<0.05) exists between factors affecting public extension services(r = 0.641, p = 0.00) and private sector participation in extension services. It was concluded from the study that there is need for private sector to participate in extension service in order to improve productivity of the farmers.

Keywords: agricultural extension, extension agent, private sector, perception

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5213 Balancing Rule of Law, Human Rights and Governance

Authors: Torkan Jabbariraad

Abstract:

This study explores the role of private regulation as a mode of governance that engages non-state actors in establishing and implementing rules or standards for public goods or services. It examines the various forms, functions, and effects of private regulation on the rule of law and human rights and considers the role and duties of public authorities in monitoring and supporting private regulation. It contends that private regulation should be regarded as a beneficial supplement to public regulation rather than a substitute or rival and that public authorities should find a balance between acknowledging the independence and variety of private actors and securing their accountability and legitimacy. It also recommends that applying the principles and values of good governance to private regulation can improve its quality and efficiency. The study relies on various sources and viewpoints from the literature on governance theory, public law, and human rights and suggests further research and discussion on the topic of private regulation and its consequences for society.

Keywords: private regulation, public authority, governance theory, rule of law, human rights

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5212 Jurisdiction in International Law

Authors: Hamid Vahidkia

Abstract:

Purview has customarily been considered in worldwide law as simply an address of the rights and powers of states. Conceived in this way, the rules onward serve the imperative work of delimiting (whereas tolerating a few covers of) state administrative specialist – the address of when an individual or occasion may be subject to national direction – a work which is shared with the cognate teach of private worldwide law. This article proposes that the thought and the rules of locale in worldwide law require reconceptualization in light of three advancements. The primary is the developing acknowledgment that in an extend of circumstances, the work out of national locale may, beneath worldwide law, be an address of duty or commitment instead of right. The moment advancement is the expanded acknowledgment that such jurisdictional obligations may, in a few circumstances, be owed not as it were to other states but also to private parties, especially through the rise and fortifying of the teachings of refusal of equity and get to equity. The third improvement is the broadly perceived wonder known as party independence, beneath which private parties in the gracious debate have the control to bestow locale on national courts and to decide themselves which law administers their connections. In combination, these improvements propose the need to reexamine the concept of ward in worldwide law to reflect the more complex substances of a worldwide lawful arrangement beneath which states possess both jurisdictional rights and commitments and are not the elite on-screen characters.

Keywords: international law, jurisdiction, purview, preconceptions, commitment

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5211 An Exploratory Study on Challenges of Public Private Partnership Projects in Oman

Authors: Omar Amoudi, Mariya Khalid

Abstract:

The limitation of the public funds for the infrastructure projects and with the deterioration of international oil prices and the negative consequences on the economies of oil producing and exporting countries, Oman has encouraged the partnership between the public and private sectors. As the private sector has a role in planning, financing, designing, operating and the maintenance of the public services. There is no doubt that, the adoption of Public Private Partnership (PPP) strategy faces many challenges which might affect the project seriously if it is not overcome in earlier time. These challenges depend on the level of understanding of the strategy, the roles and regulations and the availability of resources as well. This research aims at identifying the challenges facing the PPP infrastructure projects in Oman based on the similar previous studies supported by questionnaire survey and semi structured interviews. It also seeks to discuss the rationale for adoption in Oman and uncover the current status of PPP strategy. The identified challenges were ranked according to the importance index of each challenge. After analysis of data, it has observed that, the main challenges facing PPPs projects in Oman are high participation cost, high projects cost and regulation changes. The PPP strategy has to be adopted well and with a high level of experience in order to ensure a successful implementation of PPP projects in Oman.

Keywords: public private partnership (PPP), challenges, infrastructure, Oman

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5210 Reculturing: The Key to Sustainability of Private Universities

Authors: Yu Sing Ong

Abstract:

This article explores the key issues and challenges facing private university leaders today. Universities are reculturing their operational processes, academic content and interactions with stakeholders. Many challenges centred around the need for university leaders to reculture the institutions and the redesigning of the teaching profession. It recommends a framework for university leaders to deal with the challenges they face. Only through reculturing, private universities can maintain the sustainability of its workforce and student population. The article has both theoretical and practical significance for private university leaders to follow.

Keywords: university leadership, reculturing, improvement, teacher education, motivation, private education

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5209 Non-Cooperative Game Theory Approach for Ensuring Community Satisfaction on Public-Private Partnership Projects

Authors: Jason Salim, Zhouyang Lu

Abstract:

Private sector involvement in Public Private Partnership (PPP) projects may raise public suspicion, as PPP is often mistaken as merely a partnership between private and government agencies without consideration for greater “public” (community). This public marginalization is crucial to be dealt with because undermining opinion of majority may cause problems such as protests and/ or low demand. Game theory approach applied in this paper shows that probability of public acceptance towards a project is affected by overall public’s perception on Private sectors’ possible profit accumulation from the project. On the contrary, goodwill of the government and private coalition alone is not enough to minimize the probability of public opposition towards a PPP project. Additionally, the threat of loss or damage raised from public opposition does not affect the profit-maximization behavior of Private sectors.

Keywords: community satisfaction, game theory, non-cooperative, PPP, public policy

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5208 Academic and Sociocultural Adaptation Experiences of International Students Studying in Kazakhstan

Authors: Tatyana Kim

Abstract:

This paper seeks to explore the academic and sociocultural adaptation experiences of international students studying in Kazakhstan. Using multiple case study design, the research will be undertaken at two private Kazakhstani universities having a relatively large and diverse body of international students. Thus, 20 full-time undergraduate international students from the sampled universities will be interviewed to identify factors that impede or, vice versa, facilitate their academic and sociocultural adaptation in Kazakhstan, as well as to reveal how universities support these students in the process of their adaptation. To investigate the issue more deeply, it was decided to explore the university administrators’ viewpoint of the issue. Thus, six university administrators who are in charge of recruiting and supporting international students and, thus, are particularly knowledgeable about their experiences, have been recruited for this study. Identification of both students’ and administrators’ perspectives on the matter may help reveal miscommunication, if any, and gain greater insight into the phenomenon. The data will be collected between November 5, 2019, and December 10, 2019. Preliminary findings will be presented at the conference. Lysgaard’s U-curve adjustment theory (1955) will be employed as a guiding framework to discuss and interpret the findings.

Keywords: academic adaptation, adaptation, higher education, international students, sociocultural adaptation

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5207 Implications of Private Military Security Companies on Stewardship of the Profession of Arms

Authors: Kevin Krupski

Abstract:

Private Military Security Companies have grown to become a major force contributor to nations in military operations. Scholars have debated the implications of this in relation to control and efficiency related to the privatization of violence, but there has been little discussion on how these companies affect the profession of arms. Specifically, this paper seeks to address how the privatization of violence influences the military’s stewardship, whether private military security companies are capable of stewardship of the military profession, and whether there are aspects of stewardship of the military profession that private military security companies are capable of emulating. This paper reviews literature on stewardship, the relationship of the military to the state, and private military security companies in order to identify overlap between uniformed military services and the private sector. Then, it offers a typology for determining under what conditions an organization would act as a steward. Ultimately, there are insufficient reasons for private military security companies to act as stewards of the profession of arms.

Keywords: stewardship, military profession, civil-military, security

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5206 Data Integrity between Ministry of Education and Private Schools in the United Arab Emirates

Authors: Rima Shishakly, Mervyn Misajon

Abstract:

Education is similar to other businesses and industries. Achieving data integrity is essential in order to attain a significant supporting for all the stakeholders in the educational sector. Efficient data collect, flow, processing, storing and retrieving are vital in order to deliver successful solutions to the different stakeholders. Ministry of Education (MOE) in United Arab Emirates (UAE) has adopted ‘Education 2020’ a series of five-year plans designed to introduce advanced education management information systems. As part of this program, in 2010 MOE implemented Student Information Systems (SIS) to manage and monitor the students’ data and information flow between MOE and international private schools in UAE. This paper is going to discuss data integrity concerns between MOE, and private schools. The paper will clarify the data integrity issues and will indicate the challenges that face private schools in UAE.

Keywords: education management information systems (EMIS), student information system (SIS), United Arab Emirates (UAE), ministry of education (MOE), (KHDA) the knowledge and human development authority, Abu Dhabi educational counsel (ADEC)

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5205 Barrier to Implementing Public-Private Mix Approach for Tuberculosis Case Management in Nepal

Authors: R. K. Yadav, S. Baral, H. R. Paudel, R. Basnet

Abstract:

The Public-Private Mix (PPM) approach is a strategic initiative that involves engaging all private and public healthcare providers in the fight against tuberculosis using international healthcare standards. For tuberculosis control in Nepal, the PPM approach could be a milestone. This study aimed to explore the barriers to a public-private mix approach in the management of tuberculosis cases in Nepal. A total of 20 respondents participated in the study. Barriers to PPM were identified in the following three themes: 1) Obstacles related to TB case detection, 2) Obstacles related to patients, and 3) Obstacles related to the healthcare system. PPM implementation was challenged by following subthemes that included staff turnover, low private sector participation in workshops, a lack of training, poor recording and reporting, insufficient joint monitoring and supervision, poor financial benefit, lack of coordination and collaboration, and non-supportive TB-related policies and strategies. The study concludes that numerous barriers exist in the way of effective implementation of the PPM approach, including TB cases detection barriers such as knowledge of TB diagnosis and treatment, HW attitude, workload, patient-related barriers such as knowledge of TB, self-medication practice, stigma and discrimination, financial status, and health system-related barriers such as staff turnover and poor engagement of the private sector in workshops, training, recording, and re-evaluation. Government stakeholders must work together with private sector stakeholders to perform joint monitoring and supervision. Private practitioners should receive training and orientation, and presumptive TB patients should be given adequate time and counseling as well as motivation to visit a government health facility.

Keywords: barrier, tuberculosis, case finding, PPM, nepal

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5204 The Consumer Behavior and Tourism Marketing of International Tourists Visiting Phuket in Thailand

Authors: Wipanee Maen-In

Abstract:

This research aims to study the tourism marketing and the trip behaviors profile of international tourists who visited Phuket in Thailand and study the influence of their selected demographic characters on their selected trip behaviors. The study was conducted through survey by using questionnaires asking 400 sample respondents from international tourists who visited Phuket. The result found out that type of group travel is the key variable that indicates higher and lower daily spending tourists, tourists spend more when they visit with their family. Trip arrangement is the key variables that indicate shorter and longer stay tourists. From these findings, it is recommended that both private and public sectors should make marketing to potential tourists in order to increase tourism revenue and to be a sustainable tourism, all of agencies that involves in Phuket tourism industry should coordinate to satisfy tourists to revisit and recommend Phuket to friends and relatives.

Keywords: consumer behavior, international tourists, Phuket province, tourism marketing

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5203 Public and Private Spaces Producing Social Connectedness in Traditional Environment: A Study on Old Medina District of Casablanca

Authors: Asmaa Sokrat, Aykut Karaman

Abstract:

Public and private spaces are major components of the morphology of the city. This research aims to study the interactions between public and private domains in terms of urban space in Casablanca. The research focuses on a general vision of a socio-spatial issue. It plans to identify the public, private, and transition (semi-public, semi-private) spaces as the constituent of the urban space. Moreover, the study investigates the link between public and private spaces with the social dimensions. Additionally, the research argues that the public space is a place of social interaction; as a reflection, this interaction is the intersection between urban space and social connectedness. Besides, social interaction can be the key to distinguishing between the public and private spheres. The methodological approach of the research is based on the literature review and field study. The article is targeting a case study on the old Medina of Casablanca, from daily use of the public and private spaces, the urban tissue, and the urban space types. In conclusion, the research exhibits that a public space could influence the privacy of the residents of a local urban area; thus, this privacy is inverted on the social interaction. This social interaction is the link between the urban space and social connectedness. Hence, this equation affects the typology of the private space.

Keywords: public sphere, private sphere, social connectedness, old Medina of Casablanca

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5202 Exploring the Challenges and Opportunities in Clinical Waste Management: The Case of Private Clinics, Selangor, Malaysia

Authors: Golyasamin Khanehzaei, Mohd. Bakri Ishak, Ahmad Makmom Hj Abdullah, Latifah Abd Manaf

Abstract:

Abstract—Management of clinical waste is a critical problem worldwide. Immediate attention is required to manage the clinical waste in an appropriate way in newly developing economy country such as Malaysia. The increasing amount of clinical waste generated is resulted from rapid urbanization and growing number of private health care facilities in developing countries such as Malaysia. In order to develop a sensible clinical waste management system and improvement of the management, information on factors affecting clinical waste generation has the crucial role. This paper is the study of management characteristics of clinical waste and the level of efficiency of clinical waste management systems operating in private clinics located in Selangor, Malaysia. Are they following the proper international standards? By taking all of this in consideration the aim of this paper is to identify and discuss the current trend, current challenges and also the present opportunities among the challenges of clinical waste management in private clinics of Selangor, Malaysia. The SWOT analysis was characterized for the evaluation of strengths, weaknesses, opportunities and threats. The methodology for this study was constituted of direct observation, Informal interviews, Conducting SWOT analysis, conduction of one sustainability dimensions analysis and application. The results show that clinical waste management in private clinics is far from an ideal model.

Keywords: clinical waste, SWOT analysis, Selangor, Malaysia

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5201 A Comparative Study of Insurance Policies Worldwide in Public Private Partnerships

Authors: Guanqun Shi, Xueqing Zhang

Abstract:

The frequent occurrence of failures in PPP projects which caused great loss has raised attention from the government as well as the concessionaire. PPPs are complex arrangements for its long operation period and multiple players. Many types of risks in PPP projects may cause the project fail. The insurance is an important tool to transfer the risks. Through a comparison and analysis of international government PPP guidelines and contracts as well as the case studies worldwide, we have identified eight main insurance principles, discussed thirteen insurance types in different stages. An overall procedure would be established to improve the practices in PPP projects.

Keywords: public private partnerships, insurance, contract, risk

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5200 Does Citizens’ Involvement Always Improve Outcomes: Procedures, Incentives and Comparative Advantages of Public and Private Law Enforcement

Authors: Avdasheva Svetlanaa, Kryuchkova Polinab

Abstract:

Comparative social efficiency of private and public enforcement of law is debated. This question is not of academic interest only, it is also important for the development of the legal system and regulations. Generally, involvement of ‘common citizens’ in public law enforcement is considered to be beneficial, while involvement of interest groups representatives is not. Institutional economics as well as law and economics consider the difference between public and private enforcement to be rather mechanical. Actions of bureaucrats in government agencies are assumed to be driven by the incentives linked to social welfare (or other indicator of public interest) and their own benefits. In contrast, actions of participants in private enforcement are driven by their private benefits. However administrative law enforcement may be designed in such a way that it would become driven mainly by individual incentives of alleged victims. We refer to this system as reactive public enforcement. Citizens may prefer using reactive public enforcement even if private enforcement is available. However replacement of public enforcement by reactive version of public enforcement negatively affects deterrence and reduces social welfare. We illustrate the problem of private vs pure public and private vs reactive public enforcement models with the examples of three legislation subsystems in Russia – labor law, consumer protection law and competition law. While development of private enforcement instead of public (especially in reactive public model) is desirable, replacement of both public and private enforcement by reactive model is definitely not.

Keywords: public enforcement, private complaints, legal errors, competition protection, labor law, competition law, russia

Procedia PDF Downloads 455