Transaction Costs in the Subsoil Use: Eco-Economic Analysis of the Mechanisms of Public-Private Partnerships

2017 ◽  
Vol 3 (3) ◽  
pp. 157-178 ◽  
Author(s):  
Rui Cunha Marques ◽  
Hugo Consciência Silvestre

Starting from transaction costs (and new institutional economic approaches, this study sought to understand the influence of the regulatory structure and incentives on the performance of public–private partnerships in Portugal. The findings of this case study show that agency participation in the mediation process between parties is time consuming and improper from a technical perspective; in addition, the agency is captured by political interests, which does not favor users’ interests or the sustainability of water services. Thus, the regulatory structure and incentives cannot be dependent on political nominations, and existing contractual rules need to be reassigned.


Author(s):  
Brian H. Bix

Coase’s work reshaped the economic analysis of law and government policy, and began the law-and-economics movement. His writings, over the course of decades, have consistently emphasized the importance to clear economic thinking of observing actual practice. While economic theory had often been grounded on abstract models that assumed the absence of any costs for commercial transactions, Coase has shown how recognizing the pervasive presence of frequently substantial transaction costs in the real world requires rethinking established economic ideas about industrial organization and government regulation.


2017 ◽  
Vol 21 (1) ◽  
pp. 30-54 ◽  
Author(s):  
Jonathan Hardman

In September 2015 Lord Hodge published an article in the Edinburgh Law Review which concluded that there can be no room for Scots law particularisation in the sphere of commercial law, as it could only increase transaction costs (as to which, see Hodge, “Does Scotland need its own Commercial Law?” (2016) 19(3) Edinburgh Law Review 299). Whilst agreeing with Lord Hodge, in this article Jonathan Hardman proposes a different model for potential reforms of Scots commercial law – refocusing on lowering transaction costs using empirical economic analysis. This model is then applied to various elements of the Scots law of security, before being critiqued for its limitations.


2010 ◽  
Vol 30 (3) ◽  
pp. 389-406 ◽  
Author(s):  
Antonio Sánchez Soliño ◽  
Pilar Gago de Santos

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