Government capacity to contract: health sector experience and lessons

Using case-study material of contracting for clinical and ancillary services in the health care sector of developing countries, this article examines the capacities required for successful contracting and the main constraints which developing country governments face in developing and implementing contractual arrangements. Required capacities differ according to the type of service being contracted and the nature of the contractor. Contracting for clinical as opposed to ancillary services poses considerably greater challenges in terms of the information required for monitoring and contract design. Yet, in some of the case-studies examined, problems arose owing to government's limited capacity to perform even very basic functions such as paying contractors in a timely manner and keeping records of contracts negotiated. The external environment within which contracting takes place is also critical; in particular, the case-studies indicate that contracts embedded in slow-moving, rule-ridden bureaucracies will face substantial constraints to successful implementation. The article suggests that governments need to assess required capacities on a service-by-service basis. For any successful contracting, basic administrative systems must be functioning. In addition, there should be development of guidelines for contracting, clear lines of communication between all agents involved in the contracting process, and regular evaluations of contractual arrangements. Finally, in cases where government has weak capacity, direct service provision may be a lower-risk delivery strategy. © 1998 John Wiley & Sons, Ltd.     

Sulfuric acid poisoning

Deliberate ingestion of a corrosive acid is an unusual manner of death. Sulfuric acid, often used in electrical industry, chemical laboratories, and agriculture, is fatal at a dosage of 3.5-7.0 ml. The mortality rate is quite high, with only 35% recovery rate. Poisoning by sulfuric acid resembles other mineral acids in that the esophagus is more commonly spared while coagulative necrosis of the stomach is often apparent. A case involving the ingestion of sulfuric acid by a patient with a history of chronic psychiatric illness is presented. The pathological, clinical, and toxicological aspects of this case are discussed.     

Ethics Goes Global: The OECD Council Recommendation on Improving Ethical Conduct in the Public Sector

On 23 April 1998 the Council of the Organisation for Economic Cooperation and Development issued the Recommendation on Improving Ethical Conduct in the Public Sector. It is the result of more than three years research, analysis and cooperation between OECD member countries, and, as a statement from the highest level of the organisation, it represents a consensus of all of its 29 members on an issue of global public concern. This article is a speculative analysis of a new international development that may have implications for local public management practice. The purpose of this article is to unearth some of the theoretical assumptions on which the recommendation relies and to consider the implications they might have for its implementation and effectiveness.     

WHAT FAMILY LAWYERS ARE REALLY DOING WHEN THEY NEGOTIATE

How should lawyers negotiate? This article outlines an empirical study of how lawyers rate each other in negotiation behaviors. After discussing what skills are needed for effective negotiation behavior, we then look more closely at how family lawyers in particular are negotiating. Examining some troubling data, we find that family lawyers appear to be more adversarial and less problem solving than other types of practitioners. We conclude by discussing why this might be so and what the family law bar and family law professors should be doing in the future to address this problem.     

Registration of terms borrowed from another language

In answer to a question referred by a Spanish Court in a disputeas to the validity of the Spanish trade mark MATRATZEN, theEuropean Court of Justice (ECJ) has ruled that trade mark ownersare not precluded by Article 3(1)(b) or (c) of the Trade MarksDirective (Council Directive 89/104) from registering in oneMember State a term borrowed from another language, unless itcan be demonstrated that relevant public in the Member Statein which registration is sought are capable of identifying themeaning of the term.