Search results for: renegotiation

Authors: Ajibola Fatokun, Akintola Akintoye, Champika Liyanage

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The issue of renegotiation has not received public sector applause because of the outcomes recorded over years. Numerous reasons have been adduced by the stakeholders for the renegotiation of PPP road projects. In some instances, the reason can also be the factor leading to the renegotiation of PFI (DBFO) road projects. Thus, a number of factors inform the decision of the primary stakeholders to renegotiate the contract. This paper, therefore, evaluates and assesses the factors leading to the renegotiation of PFI (DBFO) road projects in the UK. Qualitative interviews involving both public and private stakeholders were extensively adopted on five PFI (DBFO) case study road projects in order to address the aim of this study. This serves to complement the findings of the literature with respect to the factors leading to the renegotiation of PPP road projects. The findings of this research reveal the respective factors leading to the renegotiations of PFI (DBFO) road projects in the UK. However, the prominent factors are a change in scope of the works necessitating works removal and an addition of assets, change in standards and obsolete specification occasioned by the long duration of the PFI road project concession among others.

Keywords: renegotiation, factors, Private Finance Initiative (PFI), design-build-finance-operate (DBFO) road projects

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Authors: Marwa Zein

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The long-term of the contract is one of the major features that distinguish international trade and investment contracts from other internal contracts. This is due to the nature of the contract and the huge works required to be performed from one hand or the desire of the parties to achieve stability in their transactions. However, long-term contracts might expose them to certain events and circumstances that impact the capability of the parties to execute their obligations pursuant to these contracts. During the year 2016, the Egyptian government has taken series of economic decisions which greatly impacted the economic and investment environment. Consequently, many contracts have encountered many problems in their execution due to such changes that greatly influence the performance of their obligation, a matter that necessitated the renegotiation of the conditions of these contracts on the basis of the unpredicted changes that could be listed under the Force Majeure Clause. The principle of fair and equitable treatment in investment placed on an obligation on the Egyptian government to consider the renegotiation of contract clauses based on the new conditions. This paper will discuss the idea of renegotiating international trade and investment contracts in Egypt with reference to the changes the economic environment has witnessed lately.

Keywords: change of circumstances, international contracts, investment contracts, renegotiation

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Authors: Zhuo Feng, Ying Gao

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Public-private partnership (PPP), as an innovative way to provide infrastructures by the private sector, is being widely used throughout the world. Compared with the traditional mode, PPP emerges largely for merits of relieving public budget constraint and improving infrastructure supply efficiency by involving private funds. However, PPP projects are characterized by large scale, high investment, long payback period, and long concession period. These characteristics make PPP projects full of risks. One of the most important risks faced by the private sector is demand risk because many factors affect the real demand. If the real demand is far lower than the forecasting demand, the private sector will be got into big trouble because operating revenue is the main means for the private sector to recoup the investment and obtain profit. Therefore, it is important to study how the government compensates the private sector when the demand risk occurs in order to achieve Pareto-improvement. This research focuses on price compensation mechanism, an ex-post compensation mechanism, and analyzes, by mathematical modeling, the impact of price compensation mechanism on payoff of the private sector and consumer surplus for PPP toll road projects. This research first investigates whether or not price compensation mechanisms can obtain Pareto-improvement and, if so, then explores boundary conditions for this mechanism. The research results show that price compensation mechanism can realize Pareto-improvement under certain conditions. Especially, to make the price compensation mechanism accomplish Pareto-improvement, renegotiation costs of the government and the private sector should be lower than a certain threshold which is determined by marginal operating cost and distortionary cost of the tax. In addition, the compensation percentage should match with the price cut of the private investor when demand drops. This research aims to provide theoretical support for the government when determining compensation scope under the price compensation mechanism. Moreover, some policy implications can also be drawn from the analysis for better risk-sharing and sustainability of PPP projects.

Keywords: infrastructure, price compensation mechanism, public-private partnership, renegotiation

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Authors: Atif Alenezi

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The low global oil price poses economic challenges for Saudi Arabia, as oil revenues still make up a great percentage of its Gross Domestic Product (GDP). At the end of 2014, the Consultative Assembly considered a report from the Committee on Economic Affairs and Energy which highlights that the economy had not been successfully diversified. There thus exist ample reasons for modernising the Foreign Direct Investment (FDI) regime, primarily to achieve and maintain prosperity and facilitate peace in the region. Therefore, this paper aims at identifying specific problems with the existing FDI regime in Saudi Arabia and subsequently some solutions to those problems. Saudi Arabia adopted its first specific legislation in 1956, which imposed significant restrictions on foreign ownership. Since then, Saudi Arabia has modernised its FDI framework with the passing of the Foreign Capital Investment Act 1979 and the Foreign Investment Law2000 and the accompanying Executive Rules 2000 and the recently adopted Implementing Regulations 2014.Nonetheless, the legislative provisions contain various gaps and the failure to address these gaps creates risks and uncertainty for investors. For instance, the important topic of mergers and acquisitions has not been addressed in the Foreign Investment Law 2000. The circumstances in which expropriation can be considered to be in the public interest have not been defined. Moreover, Saudi Arabia has not entered into many bilateral investment treaties (BITs). This has an effect on the investment climate, as foreign investors are not afforded typical rights. An analysis of the BITs which have been entered into reveals that the national treatment standard and stabilisation, umbrella or renegotiation provisions have not been included. This is problematic since the 2000 Act does not spell out the applicable standard in accordance with which foreign investors should be treated. Moreover, the most-favoured-nation (MFN) or fair and equitable treatment (FET) standards have not been put on a statutory footing. Whilst the Arbitration Act 2012 permits that investment disputes can be internationalised, restrictions have been retained. The effectiveness of international arbitration is further undermined because Saudi Arabia does not enforce non-domestic arbitral awards which contravene public policy. Furthermore, the reservation to the Convention on the Settlement of Investment Disputes allows Saudi Arabia to exclude petroleum and sovereign disputes. Interviews with foreign investors, who operate in Saudi Arabia highlight additional issues. Saudi Arabia ought not to procrastinate far-reaching structural reforms.

Keywords: FDI, Saudi, BITs, law

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Authors: Zeynep Guler

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Argumentation and the production of scientific arguments are essential components that are necessary for helping students become scientifically literate through engaging them in constructing and critiquing ideas. Incorporating argumentation into science classrooms is challenging and can be a long-term process for both students and teachers. Students have difficulty in engaging tasks that require them to craft arguments, evaluate them to seek weaknesses, and revise them. Teachers also struggle with facilitating argumentation when they have underdeveloped science practices, underdeveloped pedagogical knowledge for argumentation science teaching, or underdeveloped teaching practice with argumentation (or a combination of all three). Thus, there is a need to support teachers in developing pedagogy for science teaching as argumentation, planning and implementing teaching practice for facilitating argumentation and also in becoming more agentic in this regards. Looking specifically at the experience of agency within education, it is arguable that agency is necessary for teachers’ renegotiation of professional purposes and practices in the light of changing educational practices. This study investigated how science teachers develop pedagogy for argumentation both individually and with their colleagues and also how teachers become more agentic (or not) through the active engagement of their contexts-for-action that refer to this as an ecological understanding of agency in order to positively influence or change their practice and their students' engagement with argumentation over two academic years. Through educational design study, this study conducted with three secondary science teachers (key stage 3-year 7 students aged 11-12) in the UK to find out if similar or different patterns of developing pedagogy for argumentation and of becoming more agentic emerge as they engage in planning and implementing a cycle of activities during the practice of teaching science with argumentation. Data from video and audio-recording of classroom practice and open-ended interviews with the science teachers were analysed using content analysis. The findings indicated that all the science teachers perceived strong agency in their opportunities to develop and apply pedagogical practices within the classroom. The teachers were pro-actively shaping their practices and classroom contexts in ways that were over and above the amendments to their pedagogy. They demonstrated some outcomes in developing pedagogy for argumentation and becoming more agentic in their teaching in this regards as a result of the collaboration with their colleagues and researcher; some appeared more agentic than others. The role of the collaboration between their colleagues was seen crucial for the teachers’ practice in the schools: close collaboration and support from other teachers in planning and implementing new educational innovations were seen as crucial for the development of pedagogy and becoming more agentic in practice. They needed to understand the importance of scientific argumentation but also understand how it can be planned and integrated into classroom practice. They also perceived constraint emerged from their lack of competence and knowledge in posing appropriate questions to help the students engage in argumentation, providing support for the students' construction of oral and written arguments.

Keywords: argumentation, teacher professional development, teacher agency, students' construction of argument

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Authors: Lilian Nantume Wampande

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Group-based strategies in the delivery of HIV care have opened up new avenues not only for meaningful participation for HIV positive people but also platforms for deconstruction and reconstruction of knowledge about living with the virus. Yet the contributions of such strategies among patients who live in high risk areas are still not explored. This case study research assessed the impact of HIV support networks on sexual health outcomes of HIV positive out-of-school adolescents residing in fishing islands of Kalangala in Uganda. The study population was out-of-school adolescents living with HIV and their sexual partners (n=269), members of their households (n=80) and their health service providers (n=15). Data were collected via structured interviews, observations and focus group discussions between August 2016 and March 2017. Data was then analyzed inductively to extract key themes related to the approaches and outcomes of the groups’ activities. The study findings indicate that support groups unite HIV positive adolescents in a bid for social renegotiation to achieve change but individual constraints surpass the groups’ intentions. Some adolescents for example reported increased fear which led to failure to cope, sexual violence, self-harm and denial of status as a result of the high expectations placed on them as members of the support groups. Further investigations around this phenomenon show that HIV networks play a monotonous role as information sources for HIV positive out-of-school adolescents which limit their creativity to seek information elsewhere. Results still indicate that HIV adolescent groups recognize the complexity of long-term treatment and stay in care leading to improved immunity for the majority yet; there is still scattered evidence about how effective they are among adolescents at different phases in the disease trajectory. Nevertheless, the primary focus of developing adolescent self-efficacy and coping skills significantly address a range of disclosure difficulties and supports autonomy. Moreover, the peer techniques utilized in addition to the almost homogeneous group characteristics accelerates positive confidence, hope and belongingness. Adolescent HIV-support groups therefore have the capacity to both improve and/or worsen sexual health outcomes for a young adolescent who is out-of-school. Communication interventions that seek to increase awareness about ‘self’ should therefore be emphasized more than just fostering collective action. Such interventions should be sensitive to context and gender. In addition, facilitative support supervision done by close and trusted health care providers, most preferably Village Health Teams (who are often community elected volunteers) would help to follow-up, mentor, encourage and advise this young adolescent in matters involving sexuality and health outcomes. HIV/AIDS prevention programs have extended their efforts beyond individual focus to those that foster collective action, but programs should rekindle interpersonal level strategies to address the complexity of individual behavior.

Keywords: adolescent, HIV, support groups, Uganda

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Authors: Ruepert Jiel Cao

Abstract:

This study explores the renegotiation of bakla culture in Philippine media in the context of Kalye Serye segment of the popular Filipino noontime variety show Eat Bulaga. Although the term “bakla” is usually translated to “gay” or “homosexual male” in English, they do not mean the same. The western notion of a gay refers to a male person attracted to another male person but still retains the masculine physical attributes. However, the bakla embodies loudness, femininity, and transvestitism. Hence, a bakla is a gay man aspiring to be a woman by assuming feminine actions and appearance, a definition much closer to a transgender. The Philippine media usually employs the bakla culture in comedy programs. The bakla nowadays is usually associated with the people of lower economic strata and carries a pathological connotation. The Filipino television program Eat Bulaga, which has been airing for more than 36 years, is fond of using bakla in comedy. However, the recently launched segment entitled Kalye Serye (literally “Street [Television] Series”), while still employing drag performance to incorporate bakla culture in comedy, renegotiates the bakla culture by deviating from the stereotypical notion of bakla. In this study, this researcher asks: (1) How does Kalye Serye renegotiate the Filipino concept of bakla in terms of economic aspirations and social norms? (2) How does Kalye Serye reappropriate the bakla culture to fit non-comedic performances? The study examines 15 purposively selected Kalye Serye episodes. Seven were selected from the Thursday episodes, seven from Saturday episodes, and the Lenten special episode. These were selected to cover as many characters and different character roles as possible. Data was constructed by identifying and coding the roles, physical appearance and gestures, and key dialogs of the characters. A total of six female characters played by three different male actors were examined. Semiotic analysis using semiotics of Roland Barthes was performed to produce a reading of the characters. Findings show that through physical appearance, the characters associate bakla with the economic affluence through the use of expensive-looking clothes, jewelries, cars, and elaborate gestures. This represents a new economic but old western aspiration of the bakla. In terms of social norms, the characters try to revive the traditional concepts of femininity, courtship, and respect, values which are touted to be lost in the current generation of Filipinos. This is quite ironic because while there is a seemingly tolerant attitude towards all forms of queerness, the bakla is considered immoral and yet, the bakla is used to teach about morality and values. Finally, the characters break the traditional association of the bakla with slapstick comedy and their roles are reappropriated to suit dramatic roles. By refraining from portraying the bakla in ridiculous manner (physically and in terms of roles), the bakla lends itself well in the performance of dramatic roles and their ridiculous and pathological associations removed. Future research may include other Filipino or Asian portrayals of queerness to get a better understanding of how queerness is incorporated in contemporary popular culture.

Keywords: bakla, drag performance, popular culture, queer representation

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