Данная работа подготовлена на основе материалов научно-исследовательской работы, выполненной в соответствии с Государственным заданием РАНХиГС при Президенте Российской Федерации на 2012 год. This paper was prepared on the basis of the research work carried out in accordance with the State job RANEPA under the President of the Russian Federation in 2012.
{"title":"Го�?удар�?твенные Корпорации в Ро�?�?ии: Создание и Эволюци�? в 2007-2012 Годах (Public Corporations in Russia: The Creation and Evolution in 2007-2012)","authors":"Yu. Simachev, M. Kuzyk","doi":"10.2139/ssrn.2361769","DOIUrl":"https://doi.org/10.2139/ssrn.2361769","url":null,"abstract":"Данная работа подготовлена на основе материалов научно-исследовательской работы, выполненной в соответствии с Государственным заданием РАНХиГС при Президенте Российской Федерации на 2012 год. This paper was prepared on the basis of the research work carried out in accordance with the State job RANEPA under the President of the Russian Federation in 2012.","PeriodicalId":389531,"journal":{"name":"International Administrative Law eJournal","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126090214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This short paper examines certain contentious aspects of the AVRO Replacement case under progress by the Ministry of Defence in India. The analysis is based on perspectives focused on India’s Defence Production Policy and National Manufacturing Policy, in view of certain concerns raised by two other government bodies/departments and the Ministry’s recent decision to relook at the acquisition case in response. The paper culminates with some suggestions on a possible way forward that addresses the issues in dispute in a manner fully consistent with these two important government policies.
{"title":"Revisiting the AVRO Case from Defence Production Policy and National Manufacturing Policy Centric Perspectives","authors":"Sandeep Verma","doi":"10.2139/ssrn.2358862","DOIUrl":"https://doi.org/10.2139/ssrn.2358862","url":null,"abstract":"This short paper examines certain contentious aspects of the AVRO Replacement case under progress by the Ministry of Defence in India. The analysis is based on perspectives focused on India’s Defence Production Policy and National Manufacturing Policy, in view of certain concerns raised by two other government bodies/departments and the Ministry’s recent decision to relook at the acquisition case in response. The paper culminates with some suggestions on a possible way forward that addresses the issues in dispute in a manner fully consistent with these two important government policies.","PeriodicalId":389531,"journal":{"name":"International Administrative Law eJournal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121641321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Networks of private actors develop and administer rules to regulate the conduct of their members. These private regimes enjoy varying degrees of autonomy from states and from international law. Some, such as the private norms related to lex mercatoria, the Internet, sports, and finance, have gained importance and density. These private legal networks can aid in the enforcement of state law but also can work independently of or even against it. This paper analyses the rationale of some private legal regimes and reveals their differences from state law. It shows that a significant number of actors are regulated by private legal norms that often ignore domestic legal systems. Some authors believe that private legal regimes have already eclipsed state law in importance. Also presented are thoughts on how legal theory might best approach private legal regimes.
{"title":"Are Private Actors Able to Produce Law?","authors":"M. Varella","doi":"10.2139/ssrn.2290232","DOIUrl":"https://doi.org/10.2139/ssrn.2290232","url":null,"abstract":"Networks of private actors develop and administer rules to regulate the conduct of their members. These private regimes enjoy varying degrees of autonomy from states and from international law. Some, such as the private norms related to lex mercatoria, the Internet, sports, and finance, have gained importance and density. These private legal networks can aid in the enforcement of state law but also can work independently of or even against it. This paper analyses the rationale of some private legal regimes and reveals their differences from state law. It shows that a significant number of actors are regulated by private legal norms that often ignore domestic legal systems. Some authors believe that private legal regimes have already eclipsed state law in importance. Also presented are thoughts on how legal theory might best approach private legal regimes.","PeriodicalId":389531,"journal":{"name":"International Administrative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125891509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
When Indonesian environmental agencies are confronted with violations of the environmental law by industries, they frequently respond either by attempting to prosecute a violator criminally or by facilitating mediation between (alleged) violators and ‘victims’ of the environmental violation. Enforcement within the administrative law scheme is however rarely used, or at least not to the fullest of its possibilities. The paper concludes that this is partially due to the formulation of the provisions on administrative coercion in the Indonesian environmental law. In practice this leave quite some room for confusion regarding the authority and responsibility of the government to swiftly halt violations. Reevaluating the basic concepts that underpin government responses to environmental violations would be beneficial to become more effective in dealing with violations of the environmental law in Indonesia.
{"title":"Indonesia's Environmental Law of 2009 and its Administrative Coercion Provisions: A Conceptual Misunderstanding with Large Practical Implications?","authors":"L. d'Hondt","doi":"10.2139/SSRN.2289123","DOIUrl":"https://doi.org/10.2139/SSRN.2289123","url":null,"abstract":"When Indonesian environmental agencies are confronted with violations of the environmental law by industries, they frequently respond either by attempting to prosecute a violator criminally or by facilitating mediation between (alleged) violators and ‘victims’ of the environmental violation. Enforcement within the administrative law scheme is however rarely used, or at least not to the fullest of its possibilities. The paper concludes that this is partially due to the formulation of the provisions on administrative coercion in the Indonesian environmental law. In practice this leave quite some room for confusion regarding the authority and responsibility of the government to swiftly halt violations. Reevaluating the basic concepts that underpin government responses to environmental violations would be beneficial to become more effective in dealing with violations of the environmental law in Indonesia.","PeriodicalId":389531,"journal":{"name":"International Administrative Law eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126853931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In Greece, good regulation instruments were up to recently, totally ignored; traditional, sector-oriented forms of regulatory assessment have proved extremely poor and inadequate. Eventually, impact assessment has been introduced also in the Greek legal system in a 2006 PM Circular. This initiative, although with many defects, has established a new RIA system, and was further elaborated in the 2009 guidelines setting an integrated impact assessment methodology before being reestablished in Law 4048/2012. Setting this RIA system in practice has so far proved a “parody,” mainly due to the extremely poor quality of RIA reports on legislation already introduced, but also due to a series of failures in adjusting this mechanism to the Greek Administration and vice-versa. Furthermore, this system lacks clauses safeguarding transparency and monitoring. To adapt RIA mechanism to the Greek legal order and make it more effective, a public law approach seems essential, albeit difficult. RIA should therefore be converted in yet another legal prerequisite for public action falling under the scope of judicial review by the competent administrative courts.
{"title":"Can You Teach an Old Public Law System New Tricks? The Greek Experience on Good Regulation: From Parody to Tragedy Without (Yet) a Deus Ex Machina","authors":"George Dellis","doi":"10.2139/ssrn.2220636","DOIUrl":"https://doi.org/10.2139/ssrn.2220636","url":null,"abstract":"In Greece, good regulation instruments were up to recently, totally ignored; traditional, sector-oriented forms of regulatory assessment have proved extremely poor and inadequate. Eventually, impact assessment has been introduced also in the Greek legal system in a 2006 PM Circular. This initiative, although with many defects, has established a new RIA system, and was further elaborated in the 2009 guidelines setting an integrated impact assessment methodology before being reestablished in Law 4048/2012. Setting this RIA system in practice has so far proved a “parody,” mainly due to the extremely poor quality of RIA reports on legislation already introduced, but also due to a series of failures in adjusting this mechanism to the Greek Administration and vice-versa. Furthermore, this system lacks clauses safeguarding transparency and monitoring. To adapt RIA mechanism to the Greek legal order and make it more effective, a public law approach seems essential, albeit difficult. RIA should therefore be converted in yet another legal prerequisite for public action falling under the scope of judicial review by the competent administrative courts.","PeriodicalId":389531,"journal":{"name":"International Administrative Law eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133021883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2012-10-04DOI: 10.1093/acprof:oso/9780199677160.003.0009
Kanishka Jayasuriya
The strength of the introductory chapter by Morgan and Dubash is in their clarion call to understand the specificities of the regulatory state in the global south. They ask us to give serious consideration to the notion that the regulatory state in the global south confronts issues, problems, and pathways of development which are different from those apparent in the highly Euro-centric literature on the regulatory state where it is portrayed almost as a triumph of a European mode of governance. From this point of view, this chapter and the various case studies represent a much needed corrective to this geographical bias. In fact, it represents more than the addition of the experience of the global south; it presents a much more complex and variegated view of the regulatory states than that suggested by the mainstream analyses. In this paper, I want to build on this insight, but also suggest that case studies in the volume implicitly point to an altogether different methodological understanding the regulatory state through the analysis of the process of regulatory state-building rather than through identifying the exceptional attributes of regulatory governance in the global south. Such a process oriented perspective to regulatory state-building throws into relief the problematic identification of regulatory types forcing us to more rigorously consider the primary set of processes that produce varieties of regulatory states in the global north and south. In this respect, the introductory chapter raised a nagging concern that the references to the global south should not fall into a kind of the modernisation problematic where the emerging regulatory state is seen as a response to a particular set of developmental constraints and patterns of regulatory governance, which are then benchmarked against the modal regulatory state in the global north. A thrust of this brief paper is that we need to get away from such ideal types, and focus more on the process of state and market formation by looking at regulatory governance and politics as an on-going process of state-building within systems of transnational markets and rule making. Of course, in making this criticism, I do not exempt my own work (see for example, Jayasuriya 2005) which tended to obscure the emerging varieties of regulatory state. Taking this tack of analysing the production of variation allows us to sail much more confidently into the murky seas of the relationship between neoliberalism or market-making and the regulatory state. Market-making and state-building projects have gone hand in hand, and for this reason their distinctive patterns in the global north as well as the global south require further analysis. From such a perspective, variations and experimentations of regulatory state structures and institutions are central to the process of market reform – or neoliberalism – in both the global north and south. The introductory chapter and the various case studies by and large stay cl
{"title":"Regulatory State with Dirigiste Characteristics: Variegated Pathways of Regulatory Governance","authors":"Kanishka Jayasuriya","doi":"10.1093/acprof:oso/9780199677160.003.0009","DOIUrl":"https://doi.org/10.1093/acprof:oso/9780199677160.003.0009","url":null,"abstract":"The strength of the introductory chapter by Morgan and Dubash is in their clarion call to understand the specificities of the regulatory state in the global south. They ask us to give serious consideration to the notion that the regulatory state in the global south confronts issues, problems, and pathways of development which are different from those apparent in the highly Euro-centric literature on the regulatory state where it is portrayed almost as a triumph of a European mode of governance. From this point of view, this chapter and the various case studies represent a much needed corrective to this geographical bias. In fact, it represents more than the addition of the experience of the global south; it presents a much more complex and variegated view of the regulatory states than that suggested by the mainstream analyses. In this paper, I want to build on this insight, but also suggest that case studies in the volume implicitly point to an altogether different methodological understanding the regulatory state through the analysis of the process of regulatory state-building rather than through identifying the exceptional attributes of regulatory governance in the global south. Such a process oriented perspective to regulatory state-building throws into relief the problematic identification of regulatory types forcing us to more rigorously consider the primary set of processes that produce varieties of regulatory states in the global north and south. In this respect, the introductory chapter raised a nagging concern that the references to the global south should not fall into a kind of the modernisation problematic where the emerging regulatory state is seen as a response to a particular set of developmental constraints and patterns of regulatory governance, which are then benchmarked against the modal regulatory state in the global north. A thrust of this brief paper is that we need to get away from such ideal types, and focus more on the process of state and market formation by looking at regulatory governance and politics as an on-going process of state-building within systems of transnational markets and rule making. Of course, in making this criticism, I do not exempt my own work (see for example, Jayasuriya 2005) which tended to obscure the emerging varieties of regulatory state. Taking this tack of analysing the production of variation allows us to sail much more confidently into the murky seas of the relationship between neoliberalism or market-making and the regulatory state. Market-making and state-building projects have gone hand in hand, and for this reason their distinctive patterns in the global north as well as the global south require further analysis. From such a perspective, variations and experimentations of regulatory state structures and institutions are central to the process of market reform – or neoliberalism – in both the global north and south. The introductory chapter and the various case studies by and large stay cl","PeriodicalId":389531,"journal":{"name":"International Administrative Law eJournal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126243559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper analyzes the rules and administrative practice concerning the selection, weighting and application of award criteria in public procurement procedures under Spanish law. It also touches upon the issue of challenges against award decisions, and the screening of abnormally low bids after tender evaluation and prior to award of the contract.
{"title":"Award Criteria and Award-Related Challenges Under Spanish Public Procurement Law","authors":"A. Sanchez-Graells","doi":"10.2139/SSRN.2138098","DOIUrl":"https://doi.org/10.2139/SSRN.2138098","url":null,"abstract":"This paper analyzes the rules and administrative practice concerning the selection, weighting and application of award criteria in public procurement procedures under Spanish law. It also touches upon the issue of challenges against award decisions, and the screening of abnormally low bids after tender evaluation and prior to award of the contract.","PeriodicalId":389531,"journal":{"name":"International Administrative Law eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115319297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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