JAVNO-PRIVATNO PARTNERSTVO I VODOSNABDEVANjE

2021 ◽  
pp. 643-656
Author(s):  
Predrag Stojanović ◽  
Keyword(s):  
Human Rights ◽  
Water Resources ◽  
Adverse Effects ◽  
Water Supply ◽  
Public Private Partnership ◽  
The Other ◽  
Public Utilities ◽  
Private Capital ◽  
Private Partnership ◽  
The Right

Public-private partnership is often proposed as one of the better ways to establish sustainable and economically efficient use of water resources. On the other hand, we are witnessing an obvious crisis of legitimacy in the liberalization of public utilities, both by various civic movements and authors who challenge the success of this concept in financing water supply, emphasizing that numerous practical examples of private capital participation in this area have led to adverse effects on the poorest population strata. In this paper, the author analyzes the results of research related to the concept of public-private partnership, and attempts to answer whether such solutions appear to be necessary and whether they can be harmonized with the current tendency of public policies to recognize the right to water and include it in the catalogue of basic human rights.

Improving Public Water Resources Policy in Ukraine: Municipal and Environmental Issues

2020 ◽  
Vol 11 (3) ◽  
pp. 672
Author(s):  
Oleg A. DIEGTIAR ◽  
Volodymyr H. HORNYK ◽  
Sergii O. KRAVCHENKO ◽  
Valentyna V. KARLOVA ◽  
Tatyana V. SHTAL
Keyword(s):  
Water Management ◽  
Water Resources ◽  
Water Supply ◽  
Water Use ◽  
Management System ◽  
Public Private Partnership ◽  
Monitoring And Control ◽  
Water Management System ◽  
Private Partnership ◽  
Effective Water

The article focuses on the current topic of public water resources management. Globalization presents new challenges and demands for sustainable development for society. The current problem of modern humanity is the rational use of limited water resources. Water management is closely linked to the harmonization of social, economic and environmental requirements. The domestic water use system cannot meet European requirements for effective water supply due to moral and physical wear. An inadequate regulatory framework reduces the effectiveness of management processes and requires finding ways to attract investment to the industry, including in public-private cooperation. The analysis of the main problems of water management development, including non-compliance with European standards, moral and physical wear, lack of effective systems of water resources planning, monitoring and control of use of water resources, showed that these problems are primarily the result of an imperfect system of public water management. Based on commercialization processes, the water supply system through the implementation of public-private partnership mechanisms, provided that private entities are clearly monitored by public authorities, can produce significant socio-economic and environmental results. The research developed an algorithm for implementing an effective water management system at the state level by developing and implementing public-private partnership projects in accordance with the requirements of an effective water management system. The mathematical model of information and analytical support of processes of monitoring of rational water use in conditions of implementation of public-private partnership projects is defined.

USE OF THE WORLD EXPERIENCE OF PUBLIC-PRIVATE PARTNERSHIP IN UKRAINE

2019 ◽  
pp. 41-47
Author(s):  
Natalia Tretyak ◽  
Olga Kalenska
Keyword(s):  
World Bank ◽  
Economic Activity ◽  
Spatial Development ◽  
Public Private Partnership ◽  
Private Capital ◽  
Private Partnership ◽  
The World Bank ◽  
The World ◽  
Area Of Application

The article investigates the world experience of public-private partnership in the economic activity of different countries. Different models and forms of contracts of public-private partnership are covered. The link between public-private partnership projects with the country and area of application is noted. The models of public-private partnership proposed by the World Bank for attracting private capital are covered. The main directions of realization of world forms of public-private partnership for Ukraine are proposed for the effective provision of sustainable spatial development, their further adaptation to the realities of our time.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

Feeling the Pressure

2021 ◽  
pp. 316-341
Author(s):  
Richard Martin
Keyword(s):  
Human Rights ◽  
The Other ◽  
Street Level ◽  
Street Level Bureaucrats ◽  
The One ◽  
The Right ◽  
Police Functions

Similar to the street-level bureaucrats in Lipsky’s classic study, the custody officers met in the course of fieldwork for this study were faced with a dilemma emergent from competing occupational demands and police functions. On the one hand, they were conscious of their statutory duties under PACE to act as guardians of suspects’ rights, and that the routine practices of their fellow officers could undermine the right to liberty. On the other, they were confronted with considerable organizational pressure to process arrests in custody and, in doing so, help their over-worked frontline colleagues who tirelessly bounced from one response call to another. This chapter aims to answer the question emerging from the last chapter: how did custody officers respond to the pressure they faced to authorize the detention of suspects, especially where the arrest seemed to be on dubious grounds? Did they succumb to workplace demands and authorize detention, or did they feel able to push back and challenge arresting officers and their supervisors? By the end of this chapter, the reader will come to understand how and, more importantly, why, the former attitude prevailed and what this tells us about custody officers as human rights practitioners.

Solidarity

2021 ◽  
pp. 327-340
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
Self Determination ◽  
Third Generation ◽  
Human Rights Law ◽  
Healthy Environment ◽  
Right To Development ◽  
The Right ◽  
Collective Dimension

Some fundamental rights, variously described as ‘solidarity rights’, ‘people’s rights’ or ‘third generation rights’ are not fully reflected in the human rights instruments. Indeed their place within human rights law remains somewhat controversial although that does not imply that they are not customary in nature. Among them are the right to peace, the right to a healthy environment, the right of peoples to self determination, and the right to development. The main distinction between these rights and other human rights relates to the jurisdiction of human rights bodies. They have a collective dimension that is not present in the same way with the other categories of human rights.

Right to Education in Mother Language

2021 ◽  
pp. 223-241
Author(s):  
Nima Norouzi ◽  
Hussein Movahedian
Keyword(s):  
Human Rights ◽  
Mother Tongue ◽  
The Other ◽  
Right To Education ◽  
International Human Rights ◽  
Linguistic Rights ◽  
Government Institutions ◽  
International Human ◽  
The One ◽  
The Right

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.

scholarly journals Sustainable and Optimal “Uniqueness” Contract in Public-Private Partnership Projects of Transportation Infrastructure

2020 ◽  
Vol 2020 ◽  
pp. 1-14
Author(s):  
Yingjun Zhu ◽  
Zhitong Gao ◽  
Ruihai Li
Keyword(s):  
Social Welfare ◽  
Public Private Partnership ◽  
Transportation Infrastructure ◽  
Private Capital ◽  
Equilibrium Relation ◽  
Private Partnership ◽  
The Public ◽  
Welfare Losses ◽  
The Government ◽  
The Impact

To control the “uniqueness” risk in Public-Private Partnership (PPP) projects of transportation infrastructure, we design a simplified “uniqueness” contract model by incorporating the impact of the initial investment which is based on the Bertrand model. The nonlinear programming method is adopted to derive the optimal “uniqueness” contracts for incumbent private capital, the public, and the social welfare, respectively. The simulation results show that the achievement of the optimal “uniqueness” contract is essentially the result of a compromise between the private capital, the public, and social welfare. The extent to which such a contract reduces the probability of “uniqueness” risk mainly depends on the equilibrium relation between the interests of private capital and the public. The initial investment is not related to the government default when the contract does not take into account the interests of the private capital. Furthermore, the “uniqueness” contracts between private capital and the government are mainly for anticompetitive purpose in the PPP market of transportation infrastructure. Unless the contract terms focus on the improvement of social welfare, entering a “uniqueness” contract will cause social welfare losses.

Opportunities for and Barriers to Cooperation between Employers and Employment Offices in the Czech Republic: Employers’ Perspective

2011 ◽  
Vol 9 (2) ◽  
pp. 123-144 ◽  
Author(s):  
Lenka Klimplová
Keyword(s):  
Czech Republic ◽  
Public Private Partnership ◽  
The Other ◽  
Institutional Factors ◽  
Structural Factors ◽  
Public Employment ◽  
The Czech Republic ◽  
Private Partnership ◽  
Research Results ◽  
Mutual Awareness

The aim of this paper is to present and analyze opportunities for and barriers to cooperation between private employers and public employment offices in the Czech Republic, from the employers’ perspective. Based on research results, opportunities for cooperation can be seen in attitudes of employment officers towards employers, individualization and differentiation of approaches, better mutual awareness etc., but also in successive changes of some legislative and institutional factors. The barriers to cooperation, on the other hand, can be seen in hardly removable structural factors, such as the structure and characteristics of jobseekers, divergence of goals and lack of mutual interdependence. Keywords: • cooperation • public-private partnership • opportunities • barriers • employment office • employers • Czech Republic

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