Development of the PIP Organizational Models: Examples from the Armenian Transport Sector

The present article analyzes a general approach of the development of public infrastructure provision (hereinafter PIP) organizational models focusing on the structure of the privatization, partnership, business, contractual, and financial models of Armenia. The adopted approach of using the general map of the PIP toolbox gives an opportunity to clearly understand various models of PIP in different countries, compare them on the basis of certain components and to make a ground for the development of the most efficient PIP organizational models in relevant countries. The article introduces a well-defined tool to find the differences within various projects.     

地方政府治理体系对PPP落地率的影响研究——基于中国省级政府的模糊集定性比较分析

目前中国PPP项目落地率低,而且不同省份间差异大,反映的是各地政府治理体系对PPP政策执行效果影响的问题.为探讨地方治理体系与PPP落地率的关系,以中国30个省、自治区、直辖市(除西藏、台湾、香港、澳门外)为案例样本,通过模糊集定性比较分析方法,探究地方政府治理体系中政府执行政策的能力、制度环境和社会经济环境三者不同的...     

‘The Assembly Line and Cars Come First’: Labor Relations and the Demise of Nissan Car Manufacturing in Australia

This article examines the fate of Nissan's plant in Melbourne, Australia, which the company closed in 1992. Studies of Japanese car plants that were set up in overseas markets have generally been positive, outlining how these firms were able to thrive by setting up flexible or lean production methods. In Australia, however, the company was unable to establish lean production and executives complained bitterly about union resistance to non-traditional production methods. The plant was also dogged by poor worker morale and high turnover. This is the first study of Nissan's Australian plant and it shows that not all Japanese transplants were successful.     

Social Impact Bonds: Implementation,Evaluation, and Monitoring

Traditional approaches to public policy increasingly fail to resolve social challenges, particularly in the field of criminal justice. High rates of juvenile recidivism, for example, are often linked to inequality in education and persistent, long-term unemployment—factors which, while complex, are nonetheless conducive to preventative strategies.

Social impact bonds (SIBs) are “pay-for-success” programs that attract private-sector, upfront funding for social interventions. If the program achieves agreed targets, taxpayer funds repay the investor. If the program fails to meet agreed targets, investors take the loss.

This innovative form of social finance through public–private partnership has helped spur efficiencies and improvements in the provision and outcomes of criminal justice services. However, the success of a SIB depends on careful implementation, evaluation, and monitoring.     

中美经贸协议背景下地理标志和通用名称界分研究

对于地理标志和通用名称的界分,我国当下采取的标准为“指代一类商品”标准。这一标准并不能反映地理标志和通用名称的本质区别。地理标志通用化的本质是“标示地理来源”功能的丧失,故应当引入“标示地理来源”标准。对于通用名称的判断范围,应当坚持以全国标准为主,同时严格限制相关市场标准的适用。《中美经贸协议》本质上是美方寻求更广泛的市场准入的尝试,对我国地理标志和通用名称的界分提出了新的要求。《地理标志保护中的通用名称判定指南》(征求意见稿)虽然回应了《中美经贸协议》的要求,但是提供的保护水平过低,不利于地理标志资源的开发利用。应当在符合《中美经贸协议》要求的基础上,努力寻求地理标志的高水平保护。     

网购合同协议管辖条款纷争化解路径探析——从优化营商环境之诉源治理视角

在电子商务迅速发展的今天,格式合同因其简单、快捷的特点得以广泛适用。与此同时,格式合同中有关协议管辖条款的效力争议问题在逐年增多,且相应的司法裁判尚未统一。因此,有必要寻求消费公益诉讼与协议管辖格式条款争端问题的契合点,推动消费公益诉讼制度在该问题上的广泛应用。在引入该制度的过程中,需适当增加消费公益诉讼程序启动的法定主体,推行格式条款协议管辖的“黑名单”制度,并对格式条款公益诉讼的溯及力规范予以重构,从而化解网络购物合同之协议管辖权分歧,实现经营者与消费者的良性互动。     

China in Africa: A relationship of (Un)equals in the developing world

The unveiling of the new Southern African Customs Union (SACU) Agreement in 2002 inaugurated new democratic institutional structures for SACU. The revised SACU Agreement provides for accession by new members. Although not new, the idea of expanding SACU has gained currency in recent years. It has been suggested that enlarging SACU could overcome the ‘spaghetti bowl’ problem of overlapping regional membership of the Southern African Development Community (SADC) countries. In spite of its allure, however, enlarging SACU membership is likely to run into difficulties as negotiations about the common revenue pool and the common external tariff become bogged down by attempts to accommodate the needs and interests of countries at different levels of development. It would also spark debate about how the revenue-sharing formula should be restructured and extended to new members. Moreover, whether SACU can act as a driver of regional integration will depend on the extent to which South Africa, the regional power, can translate its hegemonic position into a leadership role.     

A flying start for the agreement on the conservation of African‐Eurasian Migratory Waterbirds (AEWA)

Abstract

In accordance with Article XIV the Agreement on the Conservation of African‐Eurasian Migratory Waterbirds (AEWA) entered into force on November 1, 1999 after the signature and ratification by the requisite fourteen Ranges States, comprising at least seven from Africa and seven from Eurasia. A few days later, the first Meeting of the Parties took place in Cape Town, South Africa. This article will provide a brief historical overview of the development of AEWA. However the main focus will be on what has occurred since November 1999 and what can be anticipated in the near‐term future.     

The Anglo‐Irish Agreement: 25 Years On

This article examines the surprisingly muted commemoration of the 25th anniversary of the Anglo‐Irish Agreement. It was surprising because not only was the Agreement a major innovation in relations between the two states but it was also the defining political issue in Northern Ireland for almost a decade. It is argued that the significance of the Agreement has been diminished because of retrospective narratives which serve the political convenience of the key parties to the Northern Ireland conflict. The article adapts Oakeshott's notion of the ‘dry wall’ to re‐assess and to re‐state the Agreement's place in recent history.