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1 – 10 of over 2000
Article
Publication date: 19 September 2019

Khotso Dithebe, Clinton Ohis Aigbavboa, Wellington Didibhuku Thwala and Ayodeji Emmanuel Oke

The role of public–private partnerships (PPP) as a strategic initiative to improve and accelerate service delivery in the form of newly built and revitalised water infrastructure…

Abstract

Purpose

The role of public–private partnerships (PPP) as a strategic initiative to improve and accelerate service delivery in the form of newly built and revitalised water infrastructure assets in developing countries cannot be over-emphasised. Hence, the purpose of this study is to assess and highlight the importance of critical success factors for water infrastructure projects delivered under public–private partnerships.

Design/methodology/approach

A survey design was used and a questionnaire was administered to stakeholders who have participated in delivering water infrastructure assets in South Africa. Out of 150 administered questionnaires, only 91 were returned and usable for analyses, representing a 61 per cent response rate. The data gathered were then analysed using descriptive and factor analysis.

Findings

The study revealed that thorough planning for project viability, high levels of transparency and accountability and a legal framework stipulating policy continuity are the CSFs for delivering water infrastructure projects under the PPP initiative. The findings emerging from factor analysis owing to a close variance revealed the importance of the following grouped factors, namely, public cooperation, project viability and policy and legislation enhancement.

Practical implications

From the results, it is clear that the public sector, as the facilitator of infrastructure development, should create an environment that is conducive for private capital through political will and commitment and the enhancement of policy and legislation where there is no or minimal private participation.

Originality/value

Adequate infrastructure investment from private capital promises to flourish economically and improve the living conditions of the public in the cities and the country at large. To further guarantee the reality of PPPs at a local level, the host government must adequately engage and enlighten the public.

Details

Journal of Financial Management of Property and Construction , vol. 24 no. 3
Type: Research Article
ISSN: 1366-4387

Keywords

Article
Publication date: 12 March 2019

Khotso Dithebe, Clinton Ohis Aigbavboa, Wellington Didibhuku Thwala and Ayodeji Emmanuel Oke

Minimal private participation for infrastructure development continues to affect developing economies like South Africa. This study aims to determine the perceived occurrence of…

Abstract

Purpose

Minimal private participation for infrastructure development continues to affect developing economies like South Africa. This study aims to determine the perceived occurrence of challenges delaying the delivery of water infrastructure assets and the role of both public and private financing for infrastructure development.

Design/methodology/approach

Quantitative approach was used, and questionnaires were administered to stakeholders that have participated in delivering water infrastructure assets in South Africa. Of the 96 returned questionnaires, 91 were usable, representing 61 per cent response rate. Data from the survey were analysed using descriptive and exploratory factor analyses. The reliability test represented a value of 0.945, indicating internal consistency.

Findings

Data analysis revealed that corruption, hostility, weak project structuring, high fiscal deficits by state government, cost recovery constraints, high credit risk for private financing and unreliable planning and procurement processes are major challenges delaying the delivery of water infrastructure assets. More so, municipal government remains the key custodian of water infrastructure delivery with limited support from private capital as a result of political administrative instability, legislation and policy uncertainty and inadequate risk-adjusted returns.

Originality/value

Emphasis should be made on eradicating corruption and non-transparent financial management to improve municipal creditworthiness and amending and implementing much improved legislation and foreign inclusion. Additionally, financial models to complement the existing mechanisms of financing water infrastructure projects should be sought and used. Complete eradication of infrastructure challenges envisages to reduce fiscal deficits, improve service delivery and enhance the competitiveness and productivity of the economy.

Details

Journal of Engineering, Design and Technology , vol. 17 no. 3
Type: Research Article
ISSN: 1726-0531

Keywords

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

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Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 12 November 2018

Cosmas Ikegwuruka

It has been argued that the UK has the reputation of operating a complex set of immigration laws to the extent that the constantly changing laws and regulations lead much to…

Abstract

Purpose

It has been argued that the UK has the reputation of operating a complex set of immigration laws to the extent that the constantly changing laws and regulations lead much to confusion and lack of accountability. It has further been argued that the ever-increasing and shifting pattern of deportation laws (some of which are retroactive) violates the basic principles of human rights norms. This paper aims to raise the query as to whether legislation associated with deportation is constantly enacted and revised to achieve deportation without regard to the remit of the doctrine of legitimate expectation encapsulated under the principle of legal certainty.

Design/methodology/approach

This research applies the doctrinal research methodology in addition to somewhat reliance on anecdotal evidence. Doctrinal research is library-based and reliance will be placed on primary and secondary materials such as legislations, case laws, soft laws on the one hand and textbooks, journals, articles, legal encyclopaedia, databases and many valuable websites on the other hand.

Findings

While it is accepted that the State enjoys the discretion or prerogative to deport migrants that violate the State’s immigration laws, the author posits that the issue of constant changes breed uncertainty, which in turn breeds unpredictability leading to unaccountability. Drawing on the UK’s state practice, the author will submit that contrivance of deportability and/or removability is adumbrated by the legal production of migrant irregularity exemplified by inconsistent and uncertain laws that vary like the “Chancellor’s foot”. In addition, the research found that crimmigration heightened the velocity of deportation by expanding deportability grounds by way of triggering broader, harsher and more frequent criminal consequences leading to conviction, thereby creating a suitable avenue for deportation and reducing the scope for challenging deportation decisions.

Originality/value

The research is an original piece of work that contributes to scholarship and knowledge in the area of migration as it concerns international human rights law given that wider matters within the boundaries of immigration and nationality laws do have effect on individual possession of rights to be in the UK, by way of lawful presence or as a matter of discretion.

Details

International Journal of Law and Management, vol. 60 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1371

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 19 March 2024

Benny Hutahayan, Mohamad Fadli, Satria Amiputra Amimakmur and Reka Dewantara

This study aims to analyze the causes and implications of legal uncertainty in the issuance of conventional municipal bonds in Indonesia and to draw lessons from Vietnam’s…

Abstract

Purpose

This study aims to analyze the causes and implications of legal uncertainty in the issuance of conventional municipal bonds in Indonesia and to draw lessons from Vietnam’s approach in providing better legal certainty.

Design/methodology/approach

This study adopts a normative legal method with a legislative approach and applies a comparative approach. Data sources involve primary and secondary legal materials from both Indonesia and Vietnam.

Findings

The legal uncertainty is caused by a lack of coherence and consistency in legislation. Based on Vietnam’s experience, Indonesia can gain valuable insights related to providing strong legal certainty for parties involved in issuing or investing through conventional municipal bonds.

Research limitations/implications

This study focuses on the comparative legal analysis of conventional municipal bonds in Indonesia with Vietnam.

Practical implications

This research provides recommendations for the refinement of legislation regarding conventional municipal bonds to the government.

Social implications

This study is related to legal certainty as a strategy to attract investment through municipal bonds and to ensure the municipal bond issuance process is transparent and efficient.

Originality/value

This study provides a comparative perspective on the issuance of municipal bonds in Indonesia, with a special focus on Vietnam, emphasizing the urgency of harmonization in legal regulation and the sustainability of legal certainty.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…

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Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 24 January 2018

Victoria Stobo, Kerry Patterson, Kristofer Erickson and Ronan Deazley

The inability of cultural institutions to make available digital reproductions of collected material highlights a shortcoming with the existing copyright framework in a number of…

Abstract

Purpose

The inability of cultural institutions to make available digital reproductions of collected material highlights a shortcoming with the existing copyright framework in a number of national jurisdictions. Overlapping efforts to remedy the situation were recently undertaken in the form of EU Directive 2012/28/EU, the “Orphan Works” directive, and a new licensing scheme introduced by the UK Intellectual Property Office (UKIPO). The purpose of this paper is to empirically evaluate both the EU and UK policy approaches, drawing on data collected during a live rights clearance simulation.

Design/methodology/approach

The authors attempted to clear rights in a sample of 432 items contained in the mixed-media Edwin Morgan Scrapbooks collection held by the University of Glasgow Library. Data were collected on the resource costs incurred at each stage of the rights clearance process, from initial audit of the collection, through to compliance with diligent search requirements under EU Directive 2012/28/EU and the UKIPO licensing procedures.

Findings

Comparing results against the two current policy options for the use of orphan works, the authors find that the UKIPO licensing scheme offers a moderate degree of legal certainty but also the highest cost to institutions (the cost of diligent search in addition to licence fees). The EU exception to copyright provides less legal certainty in the case of rightsholder re-emergence, but also retains high diligent search costs. Both policy options may be suitable for institutions wishing to make use of a small number of high-risk works, but neither approach is currently suitable for mass digitisation.

Research limitations/implications

This rights clearance exercise is focussed on a single case study with unique properties (with a high proportion of partial works embedded in a work of bricolage). Consequently, the results obtained in this study reflect differences from simulation studies on other types of orphan works. However, by adopting similar methodological and reporting standards to previous empirical studies, the authors can compare rights clearance costs between collections of different works.

Originality/value

This study is the first to empirically assess the 2014 UK orphan works licensing scheme from an institutional perspective. The authors hope that it will contribute to an understanding of how policy could more effectively assist libraries and archives in their digitisation efforts.

Details

Journal of Documentation, vol. 74 no. 3
Type: Research Article
ISSN: 0022-0418

Keywords

Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

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Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

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