The study indicates that public-private partnerships （PPPs） can play ＂strategic＂, ＂practical＂, or ＂regulative＂ roles by making use of ＂instrumental＂, ＂institutional＂, and ＂normative＂ approaches in tackli...The study indicates that public-private partnerships （PPPs） can play ＂strategic＂, ＂practical＂, or ＂regulative＂ roles by making use of ＂instrumental＂, ＂institutional＂, and ＂normative＂ approaches in tackling political issues between countries. PPPs have often been discussed in studies of urban development, service provision, health care, and so on, but they have rarely been analyzed in terms of international relations and political problems on global environmental issues. This study takes an environmental problena---Sino-US energy and climate change cooperation--as a case study to inspect the possible roles and approaches of PPPs. Sino-US cooperation has been launched such as under the Strategic ＆ Economic Dialogue （S＆ED） by both administrations, which has significantly contributed to their reconciliation of domestic abatement policies in climate change, environmental protection, and energy. The establishment of schemes such as the Ten-Year Framework for Cooperation on Energy and Environment （TYF）, the EcoPartnerships, and wide-ranging dialogues and initiatives on clean energy and clean vehicles, in which both public and private actors participate, are among the important approaches of facilitating bilateral cooperation. The study concludes that these schemes have played strategic and practical roles in strengthening the degree of mutual trust and in facilitating the progress of cooperation, although more investigations are needed to considerate their regulative roles. The application of instrumental, institutional, and normative approaches have been observed through the implementation of the TYF and EcoPartnerships.展开更多
Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in C...Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in China at present.Therefore,it is critical to build a PPP legal legislation in order to facilitate investments in complex and long-term PPP arrangements,reduce transaction costs,ensure appropriate regulatory controls,and provide legal and economic mechanisms to enable the resolution of contract disputes.This article provides an international perspective on PPP legal framework by drawing upon the existing of PPP laws from several countries.展开更多
While public-private partnerships(PPPs)have surged worldwide since the 1990s,they have been met with growing skepticism during the last years.A recent revision of Germany's constitutional rules on motorway constru...While public-private partnerships(PPPs)have surged worldwide since the 1990s,they have been met with growing skepticism during the last years.A recent revision of Germany's constitutional rules on motorway construction and observations on the use of PPPs published by both the German and the European Courts of Auditors illustrate this new caution.These two examples fit into a general trend towards a revival of the public sector,which can be summarized under the cross-level umbrella term"publicization."It would,however,be remiss to replace the uncritical euphoria that once surrounded privatization with a similarly undifferentiated euphoria regarding publicization.Rather,it is crucial to identify the most appropriate solution for the fulfilment of each public task from the"toolbox"of publicization on the one hand and privatization on the other hand in order to ensure the most effective completion of public functions.展开更多
Under the public utilities franchise system,the executive branch may transfer the task of providing public utilities services for the common good to a private party.It should undertake to regulate and prevent the priv...Under the public utilities franchise system,the executive branch may transfer the task of providing public utilities services for the common good to a private party.It should undertake to regulate and prevent the private party from pursuing its own interests to the detriment of public interest while discharging its duty under the public utilities franchise.Since any public interest must be enjoyed by all individuals,we can say that the obligations owed under administrative regulations aim at the ultimate goal of increasing individual welfare.In the public utilities franchise system,regulations of this kind can be divided into six different categories:maintaining and promoting necessary market competition,ensuring the continuity of public utilities services,ensuring non-discriminatory provision of public utilities services,ensuring the quality of public utilities services,ensuring reasonable charges for public utilities services,and ensuring the conservation of energy and protection of the environment while providing public utilities services.The absence of governmental regulation of the provision of public utilities and of reforms in such services in China has harmed both public interest and the rights and interests of consumers.Some of the problems caused include chaotic market access for public utilities,no guarantee of the sustainability of public utilities,the failure of the universality of public utilities,declining quality of public utilities,sharp rise in the prices of public utilities,insufficient regulations on the conservation of energy and environmental protection,and so on.In order to achieve the effective implementation of the administrative regulations and obligations therein with respect to public utilities and the maximization of public interest,the Chinese government should enhance its consciousness of regulating public utilities,improve the legal system to regulate public utilities,perfect the regulatory system for public utilities,and establish a system of liability to compensate for failures i展开更多
Based on research on a number of judicial decisions regarding concession and Public-Private Partnership(PPP)agreements,this paper demonstrates the problems and dilemmas of China's current PPP dispute resolution me...Based on research on a number of judicial decisions regarding concession and Public-Private Partnership(PPP)agreements,this paper demonstrates the problems and dilemmas of China's current PPP dispute resolution mechanism and clarifies three fundamental issues:concessiont^PPP;concession agreement工administrative agreement;and disputes related to administrative agreements administrative disputes.On the grounds of these conclusions,the paper argues that the logical chain of China's existing PPP and concession dispute resolution mechanism is untenable.The logic of the current mechanism starts from the definition of an administrative agreement;it then classifies concession agreement as administrative agreement;and finally subjects the disputes over concession agreements to administrative litigation.Yet,this starting point is problematic because the definition of administrative agreement and the distinction between public and private law attributes are difficult to determine precisely,as they lack the necessary theoretical clarity and uniqueness.Overall,the current legal situation of PPP in China is far from being satisfactory because a statutory law on PPP is absent,the existing laws and regulations on administrative agreements are primitive,and the judicial practice has not yet established unified and clear criteria.Against this backdrop,this paper proposes a possible way out.First,we should critically reflect on the current administrative agreement and PPP agreement theory.Then,we should apply the method of legal fact research,adopt doctrinal tools of the legal relationship theory and contract construction theory,and eventually establish a multiple dispute resolution mechanism to resolve disputes effectively.展开更多
The motivation in public-private partnerships （PPPs） is to harness the strengths of public and private partners to deliver essential public services. The ability to transfer risk to the private sector in PPP has bee...The motivation in public-private partnerships （PPPs） is to harness the strengths of public and private partners to deliver essential public services. The ability to transfer risk to the private sector in PPP has been one of the reasons why the public sector relies on the private sector to participate in the development of infrastructure projects. In most instances, the public sector also believes that the private sector can fund the project at a lower cost. The private sector on the other hand, believes that they could achieve a strong financial return based on the concessions that the public sector will provide. If the sectors feel altruistic empathy to each other, they will realize that their original goals are not achievable. However, having understood the other sector＇s needs and constraints, collaborative negotiation will yield a set of common goals. There are no commonly agreed frameworks on collaborative negotiation before PPP is formally established. The objective of this paper is to use deductive analysis to develop a conceptual framework for inquiring into the motivations of the public and private sectors during negotiation. This framework will provide insights on the extent of altruistic empathy of both sectors at the onset and how this altruistic empathy frames collaborative negotiation. This paper shows that collaborative negotiation will influence the success of partnerships and altruistic empathy is an important preamble to collaborative negotiation. This paper provides a frame of reference for future study using other research methods for further validation.展开更多
文摘The study indicates that public-private partnerships （PPPs） can play ＂strategic＂, ＂practical＂, or ＂regulative＂ roles by making use of ＂instrumental＂, ＂institutional＂, and ＂normative＂ approaches in tackling political issues between countries. PPPs have often been discussed in studies of urban development, service provision, health care, and so on, but they have rarely been analyzed in terms of international relations and political problems on global environmental issues. This study takes an environmental problena---Sino-US energy and climate change cooperation--as a case study to inspect the possible roles and approaches of PPPs. Sino-US cooperation has been launched such as under the Strategic ＆ Economic Dialogue （S＆ED） by both administrations, which has significantly contributed to their reconciliation of domestic abatement policies in climate change, environmental protection, and energy. The establishment of schemes such as the Ten-Year Framework for Cooperation on Energy and Environment （TYF）, the EcoPartnerships, and wide-ranging dialogues and initiatives on clean energy and clean vehicles, in which both public and private actors participate, are among the important approaches of facilitating bilateral cooperation. The study concludes that these schemes have played strategic and practical roles in strengthening the degree of mutual trust and in facilitating the progress of cooperation, although more investigations are needed to considerate their regulative roles. The application of instrumental, institutional, and normative approaches have been observed through the implementation of the TYF and EcoPartnerships.
基金the staged achievement of National Social Science Project(15CFX053)supported by scientific research project of SWPU(2017RW010)funded by the Chinese Scholarship Council and the Energy Law Research Team of SWPU(2018CXTD13)
文摘Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in China at present.Therefore,it is critical to build a PPP legal legislation in order to facilitate investments in complex and long-term PPP arrangements,reduce transaction costs,ensure appropriate regulatory controls,and provide legal and economic mechanisms to enable the resolution of contract disputes.This article provides an international perspective on PPP legal framework by drawing upon the existing of PPP laws from several countries.
文摘While public-private partnerships(PPPs)have surged worldwide since the 1990s,they have been met with growing skepticism during the last years.A recent revision of Germany's constitutional rules on motorway construction and observations on the use of PPPs published by both the German and the European Courts of Auditors illustrate this new caution.These two examples fit into a general trend towards a revival of the public sector,which can be summarized under the cross-level umbrella term"publicization."It would,however,be remiss to replace the uncritical euphoria that once surrounded privatization with a similarly undifferentiated euphoria regarding publicization.Rather,it is crucial to identify the most appropriate solution for the fulfilment of each public task from the"toolbox"of publicization on the one hand and privatization on the other hand in order to ensure the most effective completion of public functions.
文摘Under the public utilities franchise system,the executive branch may transfer the task of providing public utilities services for the common good to a private party.It should undertake to regulate and prevent the private party from pursuing its own interests to the detriment of public interest while discharging its duty under the public utilities franchise.Since any public interest must be enjoyed by all individuals,we can say that the obligations owed under administrative regulations aim at the ultimate goal of increasing individual welfare.In the public utilities franchise system,regulations of this kind can be divided into six different categories:maintaining and promoting necessary market competition,ensuring the continuity of public utilities services,ensuring non-discriminatory provision of public utilities services,ensuring the quality of public utilities services,ensuring reasonable charges for public utilities services,and ensuring the conservation of energy and protection of the environment while providing public utilities services.The absence of governmental regulation of the provision of public utilities and of reforms in such services in China has harmed both public interest and the rights and interests of consumers.Some of the problems caused include chaotic market access for public utilities,no guarantee of the sustainability of public utilities,the failure of the universality of public utilities,declining quality of public utilities,sharp rise in the prices of public utilities,insufficient regulations on the conservation of energy and environmental protection,and so on.In order to achieve the effective implementation of the administrative regulations and obligations therein with respect to public utilities and the maximization of public interest,the Chinese government should enhance its consciousness of regulating public utilities,improve the legal system to regulate public utilities,perfect the regulatory system for public utilities,and establish a system of liability to compensate for failures i
文摘Based on research on a number of judicial decisions regarding concession and Public-Private Partnership(PPP)agreements,this paper demonstrates the problems and dilemmas of China's current PPP dispute resolution mechanism and clarifies three fundamental issues:concessiont^PPP;concession agreement工administrative agreement;and disputes related to administrative agreements administrative disputes.On the grounds of these conclusions,the paper argues that the logical chain of China's existing PPP and concession dispute resolution mechanism is untenable.The logic of the current mechanism starts from the definition of an administrative agreement;it then classifies concession agreement as administrative agreement;and finally subjects the disputes over concession agreements to administrative litigation.Yet,this starting point is problematic because the definition of administrative agreement and the distinction between public and private law attributes are difficult to determine precisely,as they lack the necessary theoretical clarity and uniqueness.Overall,the current legal situation of PPP in China is far from being satisfactory because a statutory law on PPP is absent,the existing laws and regulations on administrative agreements are primitive,and the judicial practice has not yet established unified and clear criteria.Against this backdrop,this paper proposes a possible way out.First,we should critically reflect on the current administrative agreement and PPP agreement theory.Then,we should apply the method of legal fact research,adopt doctrinal tools of the legal relationship theory and contract construction theory,and eventually establish a multiple dispute resolution mechanism to resolve disputes effectively.
文摘The motivation in public-private partnerships （PPPs） is to harness the strengths of public and private partners to deliver essential public services. The ability to transfer risk to the private sector in PPP has been one of the reasons why the public sector relies on the private sector to participate in the development of infrastructure projects. In most instances, the public sector also believes that the private sector can fund the project at a lower cost. The private sector on the other hand, believes that they could achieve a strong financial return based on the concessions that the public sector will provide. If the sectors feel altruistic empathy to each other, they will realize that their original goals are not achievable. However, having understood the other sector＇s needs and constraints, collaborative negotiation will yield a set of common goals. There are no commonly agreed frameworks on collaborative negotiation before PPP is formally established. The objective of this paper is to use deductive analysis to develop a conceptual framework for inquiring into the motivations of the public and private sectors during negotiation. This framework will provide insights on the extent of altruistic empathy of both sectors at the onset and how this altruistic empathy frames collaborative negotiation. This paper shows that collaborative negotiation will influence the success of partnerships and altruistic empathy is an important preamble to collaborative negotiation. This paper provides a frame of reference for future study using other research methods for further validation.
