Legal Aspects of Privatisation

Legal Aspects of Privatisation

Author: Bulent Seven

Publisher: Universal-Publishers

Published: 2002

Total Pages: 456

ISBN-13: 1581121741

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The main aims of this thesis are as follows:(a) To present a comprehensive analysis of the concept of privatisation its origins and limits, (b) To identify the legal and institutional framework for privatisation in different European countries from a comparative perspective; (c) To define and analyse particularly legal issues which arise during the privatisation transactions: e.g. labour law, competition law etc.; (d) To evaluate which features of the successful legal and organisational framework of privatisation have been successful so as to provide guidelines for those individuals and organisations participating in the privatisation exercises.This work found out that there is no simple, internationally applicable recipe for privatisation; various legal methods and techniques can be used to privatise state owned enterprises. Because each country has different circumstances, it is impossible to provide a unique model for privatisation; each country needs to design its own model according to its circumstances.Privatisation is an essential but insufficient element for structural economic reform in the economy and society. Privatisation is not a panacea, it is not the solution to every economic and administrative problem; selling an enterprise to the private sector does not mean an end to all problems. Also privatisation is not an overnight process or a magic touch; it will be a lengthy process. Furthermore, a decision that something can be privatised does not mean that it should be privatised.In that context, privatisation is not good or bad; it is an economic and social instrument. If it is well designed it may bring substantial benefits to the economy and society.In many countries, many state owned enterprises, particularly the ones which are financially weak, have still not been privatised. This finding revealed that the privatisation process will be in the political and economic agenda for at least few more decades.


The Privatized State

The Privatized State

Author: Chiara Cordelli

Publisher: Princeton University Press

Published: 2020-11-24

Total Pages: 356

ISBN-13: 0691205752

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Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.


Human Rights Or Global Capitalism

Human Rights Or Global Capitalism

Author: Manfred Nowak

Publisher: University of Pennsylvania Press

Published: 2017

Total Pages: 256

ISBN-13: 0812248759

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Human Rights or Global Capitalism examines the application of neoliberal policies from a human rights perspective and asks whether states, by outsourcing to the private sector many services with a direct impact on human rights, abdicate their responsibilities to uphold human rights and violate international law.


The Cambridge Companion to Public Law

The Cambridge Companion to Public Law

Author: Mark Elliott

Publisher: Cambridge University Press

Published: 2015-08-21

Total Pages: 295

ISBN-13: 1107029759

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A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.


The Privatization of Everything

The Privatization of Everything

Author: Donald Cohen

Publisher: The New Press

Published: 2021-11-23

Total Pages: 360

ISBN-13: 1620976625

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The book the American Prospect calls “an essential resource for future reformers on how not to govern,” by America’s leading defender of the public interest and a bestselling historian “An essential read for those who want to fight the assault on public goods and the commons.” —Naomi Klein A sweeping exposé of the ways in which private interests strip public goods of their power and diminish democracy, the hardcover edition of The Privatization of Everything elicited a wide spectrum of praise: Kirkus Reviews hailed it as “a strong, economics-based argument for restoring the boundaries between public goods and private gains,” Literary Hub featured the book on a Best Nonfiction list, calling it “a far-reaching, comprehensible, and necessary book,” and Publishers Weekly dubbed it a “persuasive takedown of the idea that the private sector knows best.” From Diane Ravitch (“an important new book about the dangers of privatization”) to Heather McGhee (“a well-researched call to action”), the rave reviews mirror the expansive nature of the book itself, covering the impact of privatization on every aspect of our lives, from water and trash collection to the justice system and the military. Cohen and Mikaelian also demonstrate how citizens can—and are—wresting back what is ours: A Montana city took back its water infrastructure after finding that they could do it better and cheaper. Colorado towns fought back well-funded campaigns to preserve telecom monopolies and hamstring public broadband. A motivated lawyer fought all the way to the Supreme Court after the state of Georgia erected privatized paywalls around its legal code. “Enlightening and sobering” (Rosanne Cash), The Privatization of Everything connects the dots across a wide range of issues and offers what Cash calls “a progressive voice with a firm eye on justice [that] can carefully parse out complex issues for those of us who take pride in citizenship.”


Privatisation and the Creation of a Market-Based Legal System

Privatisation and the Creation of a Market-Based Legal System

Author: Bahaa Ali El-Dean

Publisher: BRILL

Published: 2002

Total Pages: 326

ISBN-13: 9789004125803

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This Volume aims to provide an analysis of problems and challenges relating to the creation of a legal infrastructure that meets the needs and capabilities of emerging market economies in the light of the privatisation process.


Privatisation and Human Rights in the Age of Globalisation

Privatisation and Human Rights in the Age of Globalisation

Author: Felipe Gómez Isa

Publisher: Intersentia nv

Published: 2005

Total Pages: 340

ISBN-13: 9050954227

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"Result of a joint research project ... under the auspices of the Center for Human Rights (University of Maastricht, the Netherlands) and the Institute of Human Rights Pedro Arrupe (University of Deusto, Basque Country, Spain).--P. v