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1 – 10 of over 74000Provision on framework agreements has been introduced into European Union (EU) Law in 2004. Since then framework agreements have gained popularity and importance on the European…
Abstract
Provision on framework agreements has been introduced into European Union (EU) Law in 2004. Since then framework agreements have gained popularity and importance on the European Union (EU) public tender market. Nevertheless, the use of frameworks poses significant legal challenges necessitating the clarification of the governing rules and the introduction of further guidelines. Unfortunately, clarifications were not fully provided in the new Directive 2014/24/EU. This article is a study of legal loopholes and uncertainties that occur during public procurement of framework agreements as a result of current EU rules and national practices in Denmark and the United Kingdom. The article highlights the need for clarification of the existing rules and introduction of transparency to the subsequent call-off stage of framework agreements. To achieve study aims, three methods were applied: a doctrinal analysis, a small scale comparative law research and field research based on qualitative research by the means of semi-structured interviews.
Ping‐Man Wong and Alan Chi‐Keung Cheung
To cope with the challenges of the twenty‐first century, the Hong Kong SAR government initiated the Curriculum Reform in 2001. In 2006, a research team from a tertiary institution…
Abstract
Purpose
To cope with the challenges of the twenty‐first century, the Hong Kong SAR government initiated the Curriculum Reform in 2001. In 2006, a research team from a tertiary institution was commissioned to review the progress of change for smooth implementation of the reform in its next phase. This paper aims to examine this issue.
Design/methodology/approach
The nature of the review is basically a survey, applying questionnaires and follow‐up focus‐group interviews to collect data from different groups of subjects. The sample was around 20 per cent of the population, i.e. a total of 252 primary (n=138) and secondary (n=114) schools.
Findings
The paper reports findings on the support for the Reform by primary and secondary schools. Five areas of agreement among school heads are examined, which include challenges to be met, guiding principles of the reform, learning goals, reform framework and the overall agreement with the rationale of the reform. It is found that, while the curriculum reform was supported among school heads, senior teachers and teachers, there was a gap between the views of senior management team and frontier teachers.
Research limitations/implications
This is a very comprehensive research project with a limited timeframe. The paper can only report and discuss findings mainly on the support for curriculum reform by school heads. Other aspects of the study will be discussed and reported separately in subsequent papers.
Practical implications
The gap between the views of senior management team and frontier teachers is worth probing as this is the most obstructive factor to the implementation of the reform. Identifying the cause would be the first step in formulating strategies to address and, hopefully, to facilitate the smooth transition from the phase of implementation to the continuation phase of the change process.
Originality/value
The study has suggested the development of a two‐dimensional framework of agreement areas and stakeholders which will contribute to a better understanding of the change process in general, and achievements of a curriculum reform in particular. Other issues are also discussed.
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This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration…
Abstract
Purpose
This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.
Design/methodology/approach
The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.
Findings
Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.
Research limitations/implications
The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).
Originality/value
The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.
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Torstein Nesheim and Ruth Rørvik
The purpose of the paper is to explore how transactions between temporary agencies and customer firms are organised. It aims to describe various cooperative arrangements and…
Abstract
Purpose
The purpose of the paper is to explore how transactions between temporary agencies and customer firms are organised. It aims to describe various cooperative arrangements and identify three dilemmas in the organisations of such transactions.
Design/methodology/approach
This is a qualitative study based on interviews with ten temporary help agencies, two internal resource pools and three customer firms.
Findings
First, the authors identify different collaboration modes, and analyse how transactions between a temporary help agency (THA) and a customer firm are organised; ranging from ad hoc transactions, through framework agreements to internal resource pools. Second, they describe three dilemmas in such transactions; the pros‐and‐cons of framework agreements; close vs distant relations; and intermediaries' balancing act between the two stakeholders: employees and customers.
Research limitations/implications
A limitation of the study is that the sample size is low and the findings cannot be generalised statistically.
Practical implications
The study informs the parties (THA and customer firm) of the many possibilities in organising their transactions, as well as the challenges/dilemmas/advantages involved.
Originality/value
The study is one of the first that analyses how temporary labour transactions between customer firms and intermediaries are organised. It describes the various ways in which such transactions are organised, and describes three dilemmas for the firms involved.
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The birth of the African Capacity Building Foundation on February 9, 1991, was the culmination of intense efforts and groundbreaking commitment to capacity building in Africa by…
Abstract
The birth of the African Capacity Building Foundation on February 9, 1991, was the culmination of intense efforts and groundbreaking commitment to capacity building in Africa by Africa Governors of the World Bank, the Bank itself and the cofounding Institutions ‐ the African Development Bank and the United Nations Development Program, as well as numerous other individuals. The successes chalked by ACBF towards attainment of its objectives have vindicated those who held the view that establishing an indigenous African institution, with focus on and commitment to the course of Africa’s development was the right course of action at the time. Twenty years on, ACBF has supported nearly 250 projects and programs in 44 African countries and committed more than US$400 million to build capacity on the continent. Projects and programs supported by the Foundation have drawn synergy with and complemented countless other activities of various development institutions operating on the Continent. ACBF’s support has been crucial in the building of development capacity in Africa, whether in ministries of finance and economic planning or central banks. For many among us who dedicated to this initiative and worked towards its realization, we remain humbled by the opportunity to witness the twentieth anniversary of ACBF.
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Jakob Brinkø Berg, Christian Thuesen and Per Anker Jensen
Efficient and effective knowledge transfer is important in complex building renovation projects. The addition of sustainability requirements in building renovation adds…
Abstract
Purpose
Efficient and effective knowledge transfer is important in complex building renovation projects. The addition of sustainability requirements in building renovation adds complexity. This paper aims to investigate the development of innovative public procurement schemes to support sustainable building renovation projects. These blueprints for procurement innovation can support similar efforts in other countries.
Design/methodology/approach
This study is based on a longitudinal case study using interviews with primary stakeholders and workshops with industry practitioners to supplement the analysis of public tender documents from the Danish public building clients.
Findings
The key tenants of the Danish model for strategic partnerships are a single strategic partner, systematic conflict resolution, framework agreements, risk management and joint educational programs. Three phases in the development of the procurement scheme are identified: experiment, definition and replication.
Originality/value
Strategic partnerships and other types of relational contract schemes are not very prevalent in most countries. How these contracts are developed and defined is not well understood. This paper shows how one such contracting scheme is developed, how it is defined and replicated.
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Without a dispute settlement mechanism in Swiss-EU relations, Switzerland has no legal leverage to defend its rights. Ironically, such a mechanism is the most controversial…
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DOI: 10.1108/OXAN-DB229512
ISSN: 2633-304X
Keywords
Geographic
Topical
This monograph commences with a survey of previous publications on the concepts, volume and structure of industrial co‐operation agreements between East and West. In the context…
Abstract
This monograph commences with a survey of previous publications on the concepts, volume and structure of industrial co‐operation agreements between East and West. In the context, the term “East” refers to those socialist countries of Eastern Europe which are members of the Council for Mutual Economic Assistance (COMECON), namely USSR, Poland, Romania, Hungary, Czechoslovakia, Bulgaria and the German Democratic Republic (GDR); and the term (West) refers to the non‐socialist industrially developed nations of Western Europe, North America and Asia. The author presents case studies of six British engineering companies having experience of industrial co‐operation with Eastern European foreign trade organisations. The USSR has been excluded, since case studies of Anglo‐Soviet industrial co‐operation had already been published by the present author (Hill, 1978) before the commencement of the study described in this paper; and the GDR has also been excluded because of that country's comparatively low level of involvement in East/West industrial co‐operation. The case studies highlight the practical advantages and disadvantages of East‐West industrial co‐operation to British companies; this is considered to be particularly relevant since British firms may have to be more willing to engage in this type of business activity if they wish to remain in the East European market place.
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Cameroon’s contemporary legislative and institutional frameworks for disaster risk management (DRM) encapsulate the concept of Civil Protection (CP). Diverse disaster risk profile…
Abstract
Cameroon’s contemporary legislative and institutional frameworks for disaster risk management (DRM) encapsulate the concept of Civil Protection (CP). Diverse disaster risk profile and high incidence/frequency of co-occurring natural and human-induced hazards are intimately linked to increasing vulnerability and fragile economy, transforming hazards into emergencies, crises and disasters, with dire livelihood consequences. To curb growing disaster risks, the Cameroon government instituted basic legislative and institutional frameworks for DRM, through top-down hierarchical, and ex post decision-making processes. Existing frameworks combine multi-hazard, multi-stakeholder and multidisciplinary/agency approaches. Inertia, limited foresight and proactiveness, innovation capacity and limited stakeholder involvement have rendered DRM ineffective. Existing DRM instruments are vague and not explicit. DRM lags behind a rapidly evolving disaster risk profile, and implementation is scattered across ministries/agencies, rendering cross-sectoral cooperation and coordination difficult. Although Cameroon is a signatory to many international disaster risk reduction (DRR)/DRM frameworks, and frequently participates in international DRR/DRM events, implementation of international agreements leaves much to be desired. The Directorate of Civil Protection – Cameroon’s sole legislative DRM institution is marred by bureaucracy, centralisation and insufficient power to perform. There is an urgent need to overhaul existing legislation and institutional frameworks for effective DRM in Cameroon.
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