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201.
Public private partnerships provide an important illustration of the way the traditional role of government as employer and service provider is being transformed. While policy–makers argue that the growing role of the private sector is not driven by ideological thinking – that, in fact, both public and private sector organizations can benefit from working together in partnership relations – in practice it is the norms and rules of private sector management that underpin reforms. This paper assesses evidence from two detailed case studies of partnerships and demonstrates, first, that there is little evidence of mutual gains from partnership arrangements and, second, that because of an imbalance of power between public and private sector partners, any gains achieved are not distributed equitably. These results suggest that current reforms need to be refocused around building on the distinctive qualities of services provision in the public sector, rather than expanding the private sector world of markets and contracts. 相似文献
202.
von Bomhard Verena; O'Neill Hugh; Paz Anat 《Jnl of Intellectual Property Law & Pract》2007,2(11):756-769
Legal context: Despite the commercial importance of licences, the Regulation40/94 contains relatively few provisions on licences. As faras these refer to licences granted to CTMs or their recordalat OHIM, they are beyond the scope of the article, which dealswith the case law emanating from OHIM in inter partes proceedings,where licences have played a role. Key points: This article considers the legal requirements licensees mustmeet when filing opposition and cancellation proceedings beforeOHIM. It reviews when use under licence is regarded as genuineuse, or valid for the purpose of establishing acquired distinctivenessor reputation. It also deals with OHIM decisions regarding licenseesfiling the licensors' trade marks in their own names. Practical significance: With respect to the standing of licensees as opponents or applicantsfor invalidity, this article explains the procedural requirements,mentioning also points to be considered when drafting trademark licences. The article also explains to what extent a licenceneed be proven where the opponent or cancellation applicanthas not used the earlier mark himself but wishes to rely onuse made by someone else. On the issue of a licensee filingthe licensed mark in his own name, the article gives an introductionto the criteria applied by OHIM and deals with his fiduciaryposition, resulting in a greater likelihood of his having actedin bad faith. 相似文献
203.
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205.
Hugh Miall 《Cambridge Review of International Affairs》2007,20(1):29-45
What can the world hope for from the Peacebuilding Commission, given the record of the United Nations in this area? And what contribution can the European Union (EU) offer, given its own record in engaging with countries emerging from violent conflict? The essential task in peacebuilding is to restore a war-torn society's capacity to manage its own conflicts. The priority for the Peacebuilding Commission should be to develop international support and legitimacy for this task, avoiding muddying it with the foreign policy objectives of donor states. The EU has much to offer and much to gain from establishing this growing area of global governance on sound principles and internationally accepted lines. The paper argues that the EU can and should play a leading part in developing the Peacebuilding Commission. It reflects on principles that could be applied and practices that should be avoided. 相似文献
206.
Hugh Davies 《Diplomacy & Statecraft》2004,15(1):101-116
The author describes his early diplomatic experiences as a Chinese language student during the Cultural Revolution, followed by his first posting to Peking. Hong Kong was then a major issue between China and Britain. He examines the tensions and difficulties of those years and the first signs of better days ahead. He details his involvement in the upgrading of diplomatic relations, and the first ministerial exchanges. His final overseas posting was to Hong Kong, first to head the Trade Commission, and then, importantly, to manage the final four years of detailed negotiations with China over the handover. 相似文献
207.
This paper is a study of the process of drafting of decisionsof the International Court of Justice from the standpoint ofthe Registry, showing on the basis of the author's personalrecollections how the Registry contributes to the process. Thequestion of the legal propriety of such contribution is examined,on the basis of a distinction between the task of decision,and that of expression of the decision. Some remarks are alsooffered on drafting techniques. 相似文献
208.
209.
We analyze the impact of public commitment strategies as bargaining tools in the negotiations on the EU Constitutional Treaty
using a sequential-bargaining model with incomplete information. The analysis suggests selection bias in observable public
commitments with respect to the kind of issues that are publicly challenged as well as the kind of governments that will ‘go
public’. Public commitments are more likely under high uncertainty over audience costs. Further, the effect of public commitments
on the duration and outcome of negotiation is conditional as well. In our empirical analysis, where we analyze the intergovernmental
stage of the negotiations on the European Constitutional Treaty, we find strong empirical support for each of our theoretical
predictions. Governments were most likely to commit publicly if they represented a domestic constituency that was negative
about the EU Constitution and, at the same time, contained many undecided respondents. Moreover, these public commitments
were generally quickly accommodated. In contrast, public commitments were less likely to lead to any changes if they were
made by governments representing a domestic constituency that was relatively positive about the draft Constitution or negative
and decided. In the latter case, however, public statements made bargaining deadlock more likely.
相似文献
Hartmut LenzEmail: |
210.
科斯定理认为 ,交易成本的高低对权利规则的制定起着决定性作用。如果交易成本较低 ,权利的原始配置就不会影响太大 ,因为当事人会自行重置 ;但在交易成本较高的情况下 ,一般会保持权利的原始配置状态。科斯定理不仅是经济学原理 ,在侵权法领域也大有作为。 相似文献