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Author: Ian Harden
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 100
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Book Description
The author examines the role of contract in local government services, the NHS reforms and the "Next Steps" agencies in central government. He argues that there are two aspects to this issue: party political objectives and constitutional values, or in other words, ideology versus individual rights.
Author: Ian Harden
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 100
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Book Description
The author examines the role of contract in local government services, the NHS reforms and the "Next Steps" agencies in central government. He argues that there are two aspects to this issue: party political objectives and constitutional values, or in other words, ideology versus individual rights.
Author: Alexander Cooley
Publisher: Princeton University Press
ISBN: 1400830656
Category : Political Science
Languages : en
Pages : 249
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Book Description
Increasingly today nation-states are entering into agreements that involve the sharing or surrendering of parts of their sovereign powers and often leave the cession of authority incomplete or vague. But until now, we have known surprisingly little about how international actors design and implement these mixed-sovereignty arrangements. Contracting States uses the concept of "incomplete contracts"--agreements that are intentionally ambiguous and subject to future renegotiation--to explain how states divide and transfer their sovereign territory and functions, and demonstrate why some of these arrangements offer stable and lasting solutions while others ultimately collapse. Building on important advances in economics and law, Alexander Cooley and Hendrik Spruyt develop a highly original, interdisciplinary approach and apply it to a broad range of cases involving international sovereign political integration and disintegration. The authors reveal the importance of incomplete contracting in the decolonization of territories once held by Europe and the Soviet Union; U.S. overseas military basing agreements with host countries; and in regional economic-integration agreements such as the European Union. Cooley and Spruyt examine contemporary problems such as the Arab-Israeli dispute over water resources, and show why the international community inadequately prepared for Kosovo's independence. Contracting States provides guidance to international policymakers about how states with equally legitimate claims on the same territory or asset can create flexible, durable solutions and avoid violent conflict.
Author: William Sims Curry
Publisher: Routledge
ISBN: 1317221028
Category : Political Science
Languages : en
Pages : 495
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Book Description
This second edition of Contracting for Services in State and Local Government Agencies provides state-of-the-art tools for best practice in the procurement of services at state and local levels, from initial stages through to completion. Including lively case studies and research conducted with state and local agencies across the United States, this book provides management advice and tips on compliance to reduce costs, select the best-qualified contractors, manage contractors’ performance, and prevent corruption and waste. Utilizing the results of new research in all fifty states, author William Sims Curry offers updated best-practice documents, methodologies, and templates including: a Request for Proposal (RFP), a scorecard for proposals to select the best-qualified contractor, a toolkit for meeting socioeconomic contracting goals without compromising price, quality, or on-time delivery, and a Model Services Contract (MSC). Special consideration is given to obtaining services and products in states of emergency. Several additional resources for practitioners are available online, including sample contracts and a straightforward, inexpensive tool for tracking contractors’ progress and cost management. The roadmap and templates contained in this book and available online to readers will prove essential to state and local government agency contracting professionals and other officials and employees called upon to participate in the drafting of solicitations, writing sole source justifications, writing scopes of work, serving on advance contract planning and source selection teams, recommending award of contracts, or assisting in the management of those contracts.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Since the 1970s in the US, Europe, and indeed throughout the world, there has been a move to transfer public power to private entities, to replace public agencies with private contractors. Alongside this political and administrative development a new scholarly school has developed: one which argues that contract will become the new form of regulation for the emergent public services provided by private contractors. Regarding such contracts between the state and private persons, legal scholars have to deal with two major issues: the transformation of the state vis-àvis society on the one hand, and the role of the law and the courts in shaping the contracting state on the other hand.
Author: Andreas Abegg
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Globalization challenges our understanding of the state as the main source of legitimate law. This article will take this claim one step further. Today, we may also see the decline of the state, in its modern sense, from within. Evidence for this may be found in the rising importance of contracting by the administrative state fulfilling its duties. For example, in various countries in Europe, the administrative agencies make contracts with people regarding the conditions they must meet to obtain asylum, parole, and social welfare assistance. Furthermore, there are many types of contracts between administrative agencies and private companies securing public services or promoting public policies. For example, the federal administration of Switzerland recently hired a private company to run the electronic cadastral register, a task clearly once thought of as a core responsibility of the state. In the law of continental Europe, the contract between the state and private persons -- also generally known as the administrative contract -- appears in two manifestations: as a private law contract between the administrative state and private persons on the one hand, and as a public law contract between the administrative state and private persons on the other. With this contract, either in the private law or the public law manifestation, the state is using the tool of legally stabilized cooperation to achieve its political goals. Thus, in the private law administrative agreement, a public element is introduced with the setting of a political goal, and in the administrative-law agreement, a traditional element of the private is introduced with the cooperation form of contract.
Author: Jonathan Schwarz
Publisher: Kluwer Law International B.V.
ISBN: 9403526319
Category : Law
Languages : en
Pages : 870
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Book Description
Schwarz on Tax Treaties is the definitive analysis of tax treaties from United Kingdom and Irish perspectives and provides in-depth expert analysis of the interpretation and interaction of those treaty networks with the European Union and international law. The sixth edition significantly develops the earlier work with enhanced commentary and is updated to include the latest UK, Irish domestic and treaty developments, international and EU law, including: Covered Tax Agreements modified by the BEPS Multilateral Instrument; judicial decisions of Ireland, the UK and foreign courts on UK and Irish treaties; Digital Services Tax; treaty binding compulsory arbitration; Brexit and the EU-UK Trade and Cooperation Agreement; taxpayer rights in exchange of information; taxpayer rights in EU cross-border collection of taxes; attribution of profits to permanent establishments; and EU DAC 6 Disclosure of cross-border planning. Case law developments including: UK Supreme Court in Fowler v HMRC; Indian Supreme Court in Engineering Analysis Centre of Excellence Private Limited and Others v CIT; Australian Full Federal Court in Addy v CoT; French Supreme Administrative Court in Valueclick; English Court of Appeal in Irish Bank Resolution Corporation v HMRC; JJ Management and others v HMRC; United States Tax Court in Adams Challenge v CIR; UK Tax Tribunals in Royal Bank of Canada v HMRC; Lloyd-Webber v HMRC; Esso Exploration and Production v HMRC; Glencore v HMRC; McCabe v HMRC; Padfield v HMRC; Davies v HMRC; Uddin v HMRC; English High Court in Minera Las Bambas v Glencore; Kotton v First Tier Tribunal; and CJEU in N Luxembourg I, and others (the ‘Danish beneficial ownership cases’); État belge v Pantochim; College Pension Plan of British Columbia v Finanzamt München; HB v Istituto Nazionale della Previdenza Sociale. About the Author Jonathan Schwarz BA, LLB (Witwatersrand), LLM (UC Berkeley), FTII is an English Barrister at Temple Tax Chambers in London and is also a South African Advocate and a Canadian and Irish Barrister. His practice focuses on international tax disputes as counsel and as an expert and advises on solving cross-border tax problems. He is a Visiting Professor at the Faculty of Law, King’s College London University. He has been listed as a leading tax Barrister in both the Legal 500, for international corporate tax, and Chambers’ Guide to the Legal Profession, for international transactions and particular expertise in transfer pricing. He has been lauded in Who’s Who Legal, UK Bar for his ‘brilliant’ handling of cross-border tax problems. In Chambers Guide, he is identified as ‘the double tax guru’ with ‘extraordinary depth of knowledge and experience when it comes to tax treaty issues and is a creative thinker and a clear and meticulous writer’.
Author: Michael L. Buenger
Publisher:
ISBN: 9781634257534
Category :
Languages : en
Pages :
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Book Description
Author: Brendan Edgeworth
Publisher: Routledge
ISBN: 1351725610
Category : Law
Languages : en
Pages : 445
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Book Description
This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1344
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Book Description
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Author: Jody Freeman
Publisher: Harvard University Press
ISBN: 9780674032088
Category : Business & Economics
Languages : en
Pages : 550
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Book Description
The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.
