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This paper is prompted by the dissatisfaction of developing countries regarding the grant of special and differential treatment (SDT) under the legal framework of the World Trade Organisation (WTO). As a result of such dissatisfaction, the Doha Round of multilateral trade negotiations explicitly called for a review of such treatment with a view to making it more precise, effective and operational. This mandate has not yet been met to the satisfaction of many developing countries. This paper aims to provide an alternative way of examining and evaluating the contestation which exists regarding SDT in the WTO.

This paper uses the conceptual framework provided by the economic contract theory and in particular, the concept of the incomplete contract to provide a scaffold for analysing SDT. This approach is intended to offer insights beyond those elucidated so far in the literature on the topic.

This paper, by using an economic contract theory approach, finds that SDT is constructed as an incomplete contract. Furthermore, the suboptimal outcomes associated with incomplete contracts are apparent in the constitution of SDT. This finding is useful in both an evaluative and programmatic sense, providing us with an alternative entry point to explain some of the shortcomings with SDT, as well as garnering us with a useful conceptual tool to think upon how SDT can be improved.

The paper contributes to the literature on SDT within the WTO in particular and differential treatment in international law in general. Drawing on literature on the WTO as an incomplete contract, the paper provides an original frame for analyzing SDT and draws attention, in particular, to the utility of the economic contract theory as a programmatic and evaluative frame for SDT and differential treatment more generally.

The main aim of this paper is to review some of the newest and most promising advances in auction theory with an eye to applications to procurement practice. Here we focus in particular on four topics related to multidimensional auctions: 1) how to define a proper scoring rule when the awarding bodies lack the necessary information regarding its own preferences and suppliers’ technology; 2) how to cope with the information disclosure policy regarding the discretional evaluation of some aspects of each contractual proposal; 3) how to use contractors’ reputations based on their past performance in the awarding process; 4) how to control the risk of collusion and corruption in the awarding phase.

The purpose of this paper is to develop a comprehensive framework of achieving supplier delivery performance based on contract governance mechanisms, justice perceptions and ethical behavior using cross sectional survey data from public procuring and disposing entities (PDEs) in Uganda. Public procurement contract governance covers the design, development, implementation and enforcement of contracts. It serves to align interests of the contracting parties, reduce opportunistic behavior, lower transaction costs, promote justice perceptions, improve ethical behavior and achieve value for money procurement. Poorly managed procurement contracts result in conflicts, yet in many developing countries only rich suppliers can afford to resolve disputes through courts. For other suppliers, justice is out of reach. While it has been assumed that contracts result in good performance, little research has been carried out to corroborate this assumption. In this paper we provide theoretical, empirical and policy implications of supplier delivery performance.

Elaborates on forthcoming change in the US telecoms industry. Wonders how competitors will be allowed to compete. Urges that regulators must focus on protecting competition and not competitors. In conclusion, reckons that consumers are best served by laws and regulations that protect the competitive process – not the competitors themselves.

Both the theory and practice of corporate social responsibility (CSR) are foundational to the field of Business & Society (B&S). However, efforts to define and operationalize this construct have been undermined by definitional discord arising from the disparate sense-making assumptions and methods of competing North American and European research traditions. Scholars wedded to the North American research tradition have striven mightily to uncover “objective” evidence in support of the instrumental proposition that IF corporate executives were to invest more resources to enhance social and environmental performance, THEN the firm’s burnished brand image, reputation, and perceived legitimacy would elevate the firm’s long-term financial performance as well. However, the inconclusive statistical record has failed to move many corporate decision makers beyond the minimal social and environmental investments needed to create the impression of compliance with societal expectations. The proliferation of corporate scandals and the pattern of settling legal disputes without admitting guilt are also troubling. The muted impact of B&S research based on proving the instrumental proposition has prompted a new generation of European B&S scholars to explore the sense-making potential of the European research tradition, which seeks meaning and normative validity within a pluralist crucible of community discourse. This contested communicative space is filled with paradoxical tensions and contending stakeholder voices and narratives. With respect to CSR, this discursive sense-making process is animated by an aspiration toward constructing shared meanings that can guide a search for more collaborative approaches to addressing systemic challenges via stakeholder engagement and experiments in multisector collaborative problem-solving. Rather than try to scientifically “prove” a fact-based pre-existing condition, this approach embraces “an emergent and mediated form of strategic ambiguity” to keep open the possibility of “fulfilling often conflicting instrumental and social/ethical imperatives at the same time” (Guthey & Morsing, 2014, p. 556). This discourse-based search for shared meanings in support of a convergence of economic, social, and environmental values frames CSR as an aspirational cocreative process rather than as a pyramid of normative assertions loosely grounded on a search for validation in efforts to find correlations (or causation) within an assortment of “objective” facts. The discursive approach to constructing CSR also highlights the relevance of the emergence of institutional innovations that enable network interactions to address shared systemic problems. Ultimately, CSR may be expressed as a form of network governance seeking to assure the sustainable outcome of system health and vitality across micro-, meso-, and meta-levels of thought and action.

Purpose — The main objective of this survey is to collect data for the development of six models in a freight modeling framework. The framework aims to simulate the interactions between shippers and carriers in a freight market.

Methodology/approach — A web-based survey was designed using stated preference methods and experimental auctions, to collect information about shipper and carrier behavior when facing hypothetical situations. Hypothetical situations were constructed using information collected during the survey.

Findings — The modeling results are available for one model, the carrier selection model. In this model, data were collected using stated preference (SP) methods. Nine SP designs were developed using D-designs and an approach to minimize the nonattendance problem. A multinomial probit model was used. No bias was found due to the position of alternatives on the screen, signs of the parameters are as expected, and level of service attributes are relevant in the carrier selection process.

Research limitations/implications — The final response rate was small (about 9%) which is not uncommon in surveys with freight managers. This response rate might result in nonresponse bias of the estimates, which is the subject of future research.

Practical implications — Since freight transport is the output of a freight market, the application of the freight modeling framework presented in this chapter has potential to improve forecasts of freight flows.

Originality/value of chapter — To the best of our knowledge, the survey presented in this chapter consists of an innovative data collection procedure for the development of an original freight modeling framework.

Justice, although well developed in the organisational field, has not been given adequate attention in the area of construction project dispute negotiations. Based on previous studies, the purpose of this paper is to more elaborately discuss whether each dimension of justice (distributive, procedural and interactional) is important for negotiators to cooperate in construction project dispute negotiation and whether their impact was moderated by the completeness of construction contract.

A survey of 164 prime negotiators from different construction projects was conducted. A stepwise multiple regression was employed to test the impact of each dimension of justice, and then a moderated multiple regression model was used to test the moderating effect of contract completeness.

The results indicated that, while distributive justice is related to cooperative behaviours, the impact of procedural justice and interactional justice also have great impact, and even more significantly related to cooperative behaviours. Moreover, while contractual obligatoriness positively moderates the relationship between procedural justice and cooperative behaviours, the term specificity negatively moderates the relationship between procedural and interactional justice and cooperative behaviours.

First, the authors aimed to test the effect of justice on cooperative behaviours in construction dispute negotiations originally, but did not determine whether their relationship is mediated by any other factors. Second, contractual governance was chosen as the moderator; other factors may also influence behaviours in project dispute negotiations.

First, project dispute negotiators should not focus their attention solely on the distribution of the negotiation issues. For a cooperative approach, negotiators should also give strong consideration to whether their offers reflect procedural justice and whether their opponents are being treated fairly. Second, while contractual design may affect the frame surrounding the negotiations to help negotiators achieve an integrated outcome, they should give more attention to certain forms of justice.

In contrast to previous studies, the authors defined all three forms of justice in project dispute negotiations, and by adding all three forms of justice into the model, the authors attempted to investigate whether distributive, procedural and interactional justice were all related to cooperative behaviours in project dispute negotiations and to ascertain the extent to which each form of justice is important. Furthermore, the authors explored variations in the importance of each form of justice in negotiations under different contractual conditions.

Public procurement of innovations (PPIs) addresses a specified need of the public-sector customer or aims at fostering private firms’ innovativeness. In an operational sense, issues of information asymmetry and risk sharing between the public agency and the supplier are of paramount importance. The purpose of this paper is to focus on the contract design issues of PPI.

Explicit and implicit contracting methods are reviewed, and a conceptual framework is proposed in which procurement characteristics are analyzed, focusing on the dimensions of the supplier’s sensitivity to the procurement risk and the power of implicit contracting methods.

Because of its complex nature, applying cost-plus contracts instead of more common fixed-price contracts is advisable in PPI.

Possible reasons for the more prominent role of contract design in the USA as opposed to the European Union procurement are discussed.

Understanding and depicting service operations is important, as the contractual agreements have become more complex, particularly in offshore outsourcing. The purpose of this paper is to introduce the Service Machine as a metaphor and a parsimonious conceptual framework for analyzing outsourced service operations in a Business‐to‐Business‐to‐Consumer context. Conventional machines have frames or platforms that connect various components. The equivalent of a machine in services is a system of contracts linking a client, a service provider, and the end‐users. Clients have the interest to know how, when, where, by whom and with what instructions are their operations being produced. As a result depicting both the service operations and the contractual framework becomes increasingly important.

Through a review of the existing theoretical literature on outsourcing, operations management, contracting and governance, the paper explores a new conceptual model for governing outsourcing arrangements using an inbound voice call center as an example.

The paper argues that although several theoretical domains indirectly shed light on governing outsourcing and offshoring relationships, they typically approach the issue either from a contractual, governance, or process level. The paper elaborates on the assumptions that governance is needed in outsourced services, service production processes and contractual relations both need to be mapped, and the possibility of process‐contract co‐evolution studied.

The paper contributes to the outsourcing literature and to operations management research by developing a new conceptual framework, the Service Machine, for governing service operations in an outsourcing arrangement.