This paper examines the difficult issues associated with imposing tortious liability on public authorities at common law, focussing her discussion on negligence. It considers the public and private nature of these bodies and their functions, first examining the possible approaches to treatment of these at common law, and then following the enactment of the civil liability legislation in the various States and Territories. A preferred approach to the determination of tortious liability of public authorities is then offered, which, provided a principled approach is taken to statutory interpretation, will accommodate the civil liability legislation.
This timely book examines the legal regulation of Public_Private Partnerships (PPPs) and provides a systematic overview of PPPs and their functions. It covers both the contractual relationships between public and private actors and the relationships be
More than a decade after unification, Germany remains deeply divided. Following East and West German police officers on their patrols through the newly-united city of Berlin and observing how they make sense of one another in a fast-changing environment, Andreas Glaeser explains how East-West boundaries have been maintained by the interactions of institutions, practices, and cultural forms-including diverging patterns of understanding rooted in vastly different social systems, readily revived Cold War images, the continuing search for an adequate response to Germany's Nazi past, and the politics and organization of unification, which impose highly asymmetrical burdens on east and west. Glaeser also leverages his ethnography to develop an innovative approach to studying identity formation processes. Central to his theory is an emphasis on the exchange of identifications and the particular ways in which they are deployed and recognized in interpretations, narratives, and performances as parts of face-to-face encounters, political discourses, and organizational practices.
The world's agenda of international cooperation has changed. The conventional concerns of foreign affairs, international trade, and development assistance, are increasingly sharing the political center stage with a new set of issues. These include trans-border concerns such as global financial stability and market efficiency, risk of global climate change, bio-diversity conservation, control of resurgent and new communicable diseases, food safety, cyber crime and e-commerce, control of drug trafficking, and international terrorism and weapons of mass destruction. Globalization and increasing porosity of national borders have been key driving forces that have led to growing interdependence and interlocking of the public domains--and therefore, public policy concerns--of countries, governments, private businesses, civil society, and people at large. Thus, new and different issues are now occupying top places on national policy agendas, and consequently, on the agendas of international negotiating forums. The policy approaches to global challenges are also changing. A proliferation and diversification of international cooperation efforts include focus on financing arrangements. Financing of international cooperation in most instances is a haphazard and non-transparent process and often seems to run parallel to international negotiations. There are many unfunded mandates and many-non-mandatory funds. To agree on and to achieve international economic goals, we need to understand how financing of international cooperation efforts actually works. Our understanding is hampered by two gaps: 1) lack of an integrated and cohesive theoretical framework; 2) lack of consolidated empirical and operational knowledge in the form of a comprehensive inventory of past, current and possible future (i.e. currently deliberated) financing mechanisms. This book reduces these two gaps and provides a guide to improve our ability to finance international cooperation.
The daily process of public service provision and administration is filled with value judgments and value trade-offs, and the safeguarding of just and fair processes is key to the public’s trust in governing institutions. In crises, public decision-makers face complex ethical judgments under great uncertainty, timepressure, and heightened public scrutiny. A lack of attention to the ethical dimensions of crises has lead decision-makers to long-shadow crises that never reach closure. Furthermore, crises triggered by unethical conduct by public officials steadily feed people’s cynicism about politicians and bureaucracy. The fact that decision-makers often are judged on how they dealt with ethical issues in crises further underlines the importance of this topic. Little scholarly attention had been paid to how ethics play into and are dealt with in situations when they matters most – in crises. In order to improve government performance we need to analyze the ethical dilemmas and normative challenges that face practitioners in crises. This book meets this challenge by presenting a public policy framework for analyzing the ethical dilemmas in crises and introduces ten empirical chapters written by prominent public administration and crisis management scholars. The cases reviewed include Abu Ghraib, the 9/11 Commission, the 2008 Financial Crisis and the Memorial Hospital Tragedy during Hurricane Katrina. Building off the empirical focus on inherent ethical challenges in crises and actor ethics in evaluation and judgment, the concluding chapter outlines important lessons about criteria for crisis decision-making and strategies, the poisoned apple of bureaucratic discretion, and the nature of post-crisis evaluations. The book is geared toward students, scholars, and practitioners concerned with public management, public sector ethics, public policy, crisis management, and the implication of these factors on business and corporate crisis management.
Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Matthew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.
Corruption, often described as all that is rotten in the modern society, has become an increasingly dominant theme in contemporary political discourse, one that is related to specific practices, concepts and evaluations that vary across regions, cultures, spheres of action and disciplines. This volume, through case studies, investigates corruption in the Global South (especially India and Brazil) and West (especially Switzerland) to gain a more nuanced view of the phenomenon. The chapters in this volume are organized into two loosely structured and overlapping parts: the first part consisting of Chapters 2-5 covers conceptual questions related to corruption discourses from different perspectives such as economic ethics, social capital theory and literature; the second part consisting of Chapters 6-11 details the complexity and diversity of corruption practices within and between countries and regions, providing different interpretative frameworks, which in turn flow into discourses on corruption.
There has been a major revival of interest in State Capitalism: What it is, where it is found, and why it is seemingly becoming more ubiquitous. As a concept, it has evolved from radical critiques of the Soviet Union, to being deployed by neo-liberals to describe market reforms deemed imperfect, to settle into a middle ground, as a pragmatic way to describe the state assuming a role as an active economic agent, in addition to its regulatory, social, and security functions. The latter is the central focus of this book, although due attention is accorded to the origins of state capitalism and how it has changed over the years, as well as contemporary ways in which state capitalism may be theorized. This economic agency may assume direct forms, for example, via state owned enterprises. However, it may also be indirect, for example, actively serving private interests through promoting insider firms, who may occupy monopolistic market positions and perform outsourced state functions. In turn, this leads to raise salient governance questions. The latter may encompass agency tensions between public ownership, and political or even private interest control; it may also include issues of transparency and monitoring. Although state capitalism has often been depicted as the preserve of states in the global south, be they developmental or predatory, many forms of state capitalism are visible in mature economies, be they liberal or coordinated, and this is not always associated with superior governance arrangements; indeed, this is an area where clear and easy divisions between the "developing" or "emerging" world and the "developed" or "mature" world may increasingly be breaking down. This volume brings together the accounts of leading experts from around the world; it is explicitly multi-disciplinary, and both consolidates the exiting knowledge base, and provides new, novel, and counter-intuitive insights.
