Until the recent spread of public-private partnerships, pharmaceutical firms had avoided research and development into neglected tropical diseases (NTDs). Because these are diseases that affect the poorest populations in developing regions, research and development initiatives have for the most part depended on the resources and expertise drawn from academia, international organizations, and intermittent state interventions in disease-endemic countries. Over the last few decades, however, public-private product development partnerships (PDPs) have been introducing new collaborative (...) agreements in which the existing resources and expertise combine with the those traditionally withheld by the pharmaceutical industry and global health NGOs. This paper explores recent transformations in the representation of NTDs by examining the shifting logic and spaces of knowledge production which the advent of PDPs has enabled. An analysis of two case studies focused on Chagas disease-related initiatives addresses recurring preoccupations in Science, Technology and Society studies as well as in critical analyses of PDPs: that is, the back-and-forth movement of the disease from being an object of scientific inquiry to a public health concern, and the legitimacy risks and material asymmetries entailed in global health PDPs. Both cases show that it is major global health stakeholders and experts in non-endemic countries, rather than transnational pharmaceutical firms, that exert the greatest influence upon these changing representations: PDPs attempt to expand the preexisting biomedical focus on NTDs by means of incorporating “real world” drug development preoccupations (which I term epistemic shifts), but they also combine their stated global humanitarian aim with security concerns about the diseases spreading to non-endemic, industrialized countries (which I term geographical shifts). (shrink)

This article compares two transnational public–private partnerships against hunger and malnutrition, the Global Alliance for Improved Nutrition and the International Alliance Against Hunger with regard to their degree of business involvement and their input and output legimacy. We examine the participation of stakeholders, the accountability and transparency of the decision-making process, and the perceived provision of a public good. We identify a link between business involvement and output legitimacy, and we discuss the implications for (...) class='Hi'>public and private food governance. (shrink)

Increasingly, the private sector is playing a greater role in supporting peace building efforts in conflict and post-conflict areas by providing critical expertise, know-how, and capital. However, reports of the corrupt practices of both governments and businesses have plagued international peace building efforts, deepening the distrust of stricken communities. Businesses are perceived as being selfish and indifferent to the impact their operations may have on the social and political development of local communities. Additionally, the corruption of local governments (...) has been cited as interfering with the creation of stability in conflict areas. Within this framework, multinational Public-Private Partnerships can exert two forms of influence: they can either exacerbate these problems, or they can become part of the solution. Without a relationship of trust among local businesses, government, and the private sector, peace building efforts will at best be mixed, and could possibly perpetuate violence in fragile states. Public and private interests are better served when Public-Private Partnerships are based upon collaboration and assist in establishing principles of good governance in conflict areas. This in turn can help build trust and regain the credibility of both sectors among local communities, which are essential in making Public— Private Partnerships more effective. (shrink)

Cross-sector development partnerships are project-based collaborative arrangements between business, government, and civil society organizations in support of international development goals such as sustainability, health education, and economic development. Focusing on public private partnerships in development cooperation, we examine different constellations of bridging agents and their effects in the formation of single CSDP projects and longer-term alliances. We conceptualize bridging agency as a collective process involving both internal partner representatives and external intermediaries in initiating and/or supporting (...) roles. We find that the involvement of external intermediaries eases the formation of single projects and longer-term alliances. However, when projects are initiated by external intermediaries they tend to be repetitive and narrow in scope, whereas projects initiated by internal partner representatives often explore novel agendas and embody a greater potential for social innovation. Yet, the longer-term pursuit of these agendas beyond single projects may require external intermediaries in supporting roles. Findings help better understand micro-processes and collective practices of brokerage and alliance formation in transnational governance contexts and beyond. (shrink)

Decreasing philanthropic funding from governments and foundations and increasing social needs are putting pressure on nonprofits to generate financial resources in more entrepreneurial ways. This type of social innovation within the nonprofit sector can be facilitated through collaborative alliances with universities, corporations and other public/private partnerships. This paper presents a case study of a university partnership between Institute of Social Innovation at Carnegie Mellon University and the Pittsburgh Social Innovation Accelerator.

In this paper we evaluate the ethical aspects of a public-private partnership (PPP) for the production and distribution of electricity in a particular context, i.e.,in a developing country characterized by a high corruption rate. In general, multinational enterprises (MNE) are considered suspect in developing countries by their own populations and by others, especially in those countries perceived as corrupt. A second source of suspicion concerns the privatization of utilities: utilities such as electricity and clean water play an essential (...) role in people’s lives, thus, leaving their production and distribution in the hands of for-profit companies may seem imprudent, particularly with respect to the poorest people. On the basis of a questionnaire submitted to managers of a privatized utility company in Cameroon, this case study suggests that the combination of these two sources of suspicion does not automatically lead to negative outcomes. (shrink)

This dissertation abstract and the reflection commentary present the work done by Dr. Lea Stadtler. Comprising four articles, the dissertation explores the challenge of designing successful public–private partnerships for development and contributes to the discourse on partnerships and business engagement in society. Article I adopts the company perspective and develops a conceptual framework for interest alignment in PPPs for development. Based on a theoretical analysis, Article II examines the role that different structures play in handling common (...) design challenges. Articles III and IV are empirical: The former analyzes how partners cope with tensions occurring on the PPP’s boundaries, while Article IV explores the roles of broker organizations, which increasingly facilitate the partnering process of PPPs for development. This extended dissertation abstract introduces the dissertation’s research focus and summarizes each article’s research question, methods, and main findings. The reflection commentary in the appendix discusses the author’s views of her dissertation journey as a junior scholar and the research process. (shrink)

The proliferation of public–private partnerships for development as an answer to many public challenges calls for careful evaluation. To this end, tailored frameworks are fundamental for helping understand the PPPs’ impact and for guiding corrective adjustment. Scholars have developed frameworks focusing on the partners’ relationships, the order of effects, and the distinction between outputs and outcomes. To capture a PPP’s complexity and multiple linkages with its environment, we argue that a thorough evaluation should adopt a stakeholder-oriented (...) approach and consider the costs and benefits that a PPP implies for them—especially as taxpayers’ money is involved. For this purpose, we build on a stakeholder-oriented evaluation framework from the nonprofit business partnership literature. In line with our broad evaluation conception, we extend it with the manifold ripple effects that PPPs for development have and include the time dimension for the links between different PPP stages and related outcomes to become clearer. Applying this framework to an illustrative case, we highlight important direct and especially indirect stakeholder outcomes, which a narrow evaluation would omit, point to the challenges involved in the evaluation endeavor, and identify interesting future research areas. (shrink)

In an effort to create a mechanism for addressing a critical need of providing medicines for economically developing countries, the Chiron Corporation and the Global Alliance for TB Drug Development have entered into an innovative public-private partnership. In the following interview, Craig Wheeler discusses the origins and nature of this agreement that could set a pattern for how corporations and nonprofit organizations can work together in drug development.

To understand the prospects for global order and progress in the coming years, we explore the joint implications of three premises: (1) states advantaged by the current international order have stakes in its regularity and predictability, and thus in moving to counter or prevent threats to those stakes; (2) along impure public and club goods lines, they are more likely to make efforts to do so when some private or club benefits result; and (3) public opinion (...) provides a bounded policy acceptance envelope offering incentives and disincentives to national political elites to act as envisioned by the first two premises. We present a mosaic of public opinion in major OECD countries (the US, Japan, and major EU members) on three policy areas that contain international public goods elements. Actual contribution tendencies in those areas found in our previous work largely conform to the public opinion patterns reported here. Within the limits of available data, domestic political incentives as represented by public opinion warrant neither extreme optimism nor pessimism about the prospects for continuing contributions by OECD states to sustaining orderly functioning of the current world system. (shrink)

Public-private partnerships are established to specifically harness the potential of Big Data in healthcare and can include partners working across the data chain—producing health data, analysing data, using research results or creating value from data. This domain paper will illustrate the challenges that arise when partners from the public and private sector collaborate to share, analyse and use biomedical Big Data. We discuss three specific challenges for PPPs: working within the social licence, public antipathy (...) to the commercialisation of public sector health data, and questions of ownership, both of the data and any resulting intellectual property or products. As a specific example we consider the case of the UK National Health Service providing patient data to Google’s DeepMind AI program to develop a diagnostic app for kidney disease. This article is an application of the framework presented in this issue of ABR. Please refer to that article for more information on how this framework is to be used, including a full explanation of the key values involved and the balancing approach used in the case study at the end. We use four specific values to help analysis these issues: public benefit, stewardship, transparency and engagement. We demonstrate how the Deliberative Framework can support ethical governance of PPPs involving biomedical big data. (shrink)

In the article, the authors have raised an urgent topic related to the provision of state support for rural areas. Attention is focused on the deficit of most of the budgets of both the municipal and regional levels, which does not contribute to the development of the infrastructure of the territories. In addition, the low investment attractiveness does not allow relying on private capital. The authors are confident in the rationality of the development of public-private partnership, as (...) the most optimal form of relationship between private capital and public authorities. (shrink)

This introduction presents an analysis of Grotius’s treatise ‘On Public Partnership with Unbelievers’ (De societate publica cum infidelibus). It was probably written between 1606 and 1609, when Grotius served as a legal advisor of the Dutch East India Company (voc). In his treatise, Grotius explains what kinds of partnerships with non-Christians are permissible under divine and natural law. These include public partnerships, such as treaties and military alliances, but also private associations, such as commercial contracts, (...) marriages and relations of servitude. As we argue in this introduction, De societate can be interpreted as a general treatise on legal partnerships with non-Christians, which relates both to the voc’s policies of treaty and alliance-making in the East Indies and to debates about the legal status of religious minorities in the Dutch Republic. (shrink)

Every year thousands of computers deemed obsolete by companies upgrading to newer models are kept out of landfills by organizations like World Computer Exchange 1 which recycle them to schools in developing countries. It is possible to set up at a very low cost, clusters of recycled PCs, using Linux software to substantially reduce the cost of establishing school‐based community Internet centers. In the case of such an implementation in Goa, India by a WCE partner‐NGO the key to its success (...) has been collaboration between the NGO and the private sector to encourage the growth of local Linux support skills and with the government sector ‐ the Goa State Education Department ‐ to ensure the acceptance of Linux in the curriculum, and the provision of teacher training. The Goa Schools Computers project 2 project provides an example of how low initial costs of infrastructure and linkages between different stakeholders can result in cost savings of up to 60% over a conventional community Internet center thereby increasing their chances for financial viability. (shrink)

BackgroundBiobanks and biomedical research data repositories collect their samples and associated data from volunteer participants. Their aims are to facilitate biomedical research and improve health, and they are framed in terms of contributing to the public good. Biobank resources may be accessible to researchers with commercial motivations, for example, researchers in pharmaceutical companies who may utilise the data to develop new clinical therapeutics and pharmaceutical drugs. Studies exploring citizen perceptions of public/private interactions associated with large health data (...) repositories/biobanks indicate that there are sensitivities around public/private and/or non-profit/profit relationships and international sample and data sharing. Less work has explored how biobanks communicate their public/private partnerships to the public or to their potential research participants. MethodsWe explored how a biobank’s aims, benefits and risks, and private/public relationships have been framed in public facing recruitment documents.ResultsBiobank documents often communicate their commercial access arrangements but not the detail about what these interactions would entail, and how risks and benefits would be distributed to the public.ConclusionWe argue that this leads to a polarised discourse between public and private entities and/or activities, and fails to attend to the blurred lines between them. This results in a lack of attention to more important issues such as how risks and benefits in general are distributed to the public. We call for a nuanced approach that can contribute to the much-needed dialogue in this space. (shrink)

The Yearbook of Private International Law series, an annual publication now published by Sellier. European Law Publishers in cooperation with the Swiss Institute of Comparative Law, provides analysis and information on private international law developments world-wide. This sixth volume looks rather "Euro-centric", due to the impressive and continuous rhythm at which the creation of a European system of PIL is progressing at the European Community level. Contributions include discussion of the proposal for a Rome II regulation (...) on conflict of laws in torts, as well as an analysis of the Avello decision, which could create a new framework for the development of PIL in Europe. Additional articles focus on the national conflict systems of some European states. An important comparative study discusses the treatment of foreign tax laws and judgments in four major European countriesâ??United Kingdom, Germany, France, and Italy. The actual and controversial issue of registered partnership is discussed from the perspective of Spanish law. Additionally, an English translation of the latest national PIL codificationâ??the recent Belgian Codeâ??is included. (shrink)

“What’s the big deal?”The meaning of this interrogative depends on the inflection. From the mouths of proponents of public–private partnerships (PPPs) related to food and health, it asks—perhaps with some skepticism or bewilderment—what objections there could possibly be to public–private partnerships intended to address some of our most pressing public health challenges. This is due, in no small part, to the way such partnerships are often characterized by participants and proponents alike: they (...) are a “win–win–win,” for the public sector actor, for the private sector actor, and for the general public or relevant publics (often characterized as consumers).1 Posed by critics of PPPs, the question cynically .. (shrink)

This paper makes a contribution to ongoing debates about whether and how we can empirically assess the potential, limitations, and actual impacts of public-private partnerships in developing countries. Several United Nations and bilateral aid agencies have called for the development of impact assessment methodologies that can help clarify when, how, where, and for whom partnerships work. This paper scrutinizes some of the key assumptions underlying this debate, arguing that no objective ' truth' about the effects of (...) PPPs can be discovered through the use of such methodologies. The paper then investigates what can actually be known about a PPP's effects by testing a PPP IA framework that is recommended by the Organization for Economic Cooperation and Development. This is done using a case study from Pakistan. The paper shows that IA methodology may provide an indication of how well a PPP has fared, but not why the PPP has turned out the way it has. At the same time, win-win and win-lose outcomes may exist simultaneously, even for the same stakeholder in the PPP. While the importance of ensuring proper design, monitoring, and IA of PPPs cannot be denied, their effects must be seen as an outcome of struggles between a variety of actors over the distribution of social and environmental hazards associated with broader processes of economic development and industrialization. (shrink)

This article is an analytic register of recent European efforts in the making of ‘autonomous’ robots to address what is imagined as Europe’s societal challenges. The paper describes how an emerging techno-epistemic network stretches across industry, science, policy and law to legitimize and enact a robotics innovation agenda. Roadmap is the main metaphor and organizing tool in working across the disciplines and sectors, and in aligning these heterogeneous actors with a machine-centric vision along a path to make way for ‘new (...) kinds’ of robots. We describe what happens as this industry-dominated project docks in a public–private partnership with pan-European institutions and a legislative initiative on robolaw. Emphasizing the co-production of robotics and European innovation politics, we observe how well-known uncertainties and scholarly debates about machine capabilities and human–machine configurations, are unexpectedly played out in legal scholarship and institutions as a controversy and a significant problem for human-centered legal frameworks. European robotics are indeed driving an increase in speculative ethics and a new-found weight of possible futures in legislative practice. (shrink)

In the article the essence of the public- private partnership is defined; on the basis of the experience of European countries priority areas for the implementation of PPP projects are identified. They are transport and utilities infrastructure. Generalized approach to evaluating the effectiveness of investment projects help to highlight two areas: economic and social efficiency. The indexes of social efficiency of PPP projects and efficiency indicators for projects of public and private partners and services consumer are (...) defined. The main stages of the analysis of public- private partnerships are defined. Key factors in choosing the best investment proposal are the minimization of utility rates, terms and government involvement in the financing of projects. Economic evaluation of PPP projects is based on an analysis of four major factors: profitability index, net present value, internal rate of return, discounted payback period. Assessing the economic efficiency of PPP projects take into account the index of riskiness of the project is proposed. This index is calculated by determining the list of major risks for the private partner, dividing them into groups by priority, assessing the probability of occurrence of each event using the method of expert estimates, the calculation point scoring system for the project. The resulting score is a general indicator of the riskiness of the project. This index allows to estimate the minimum possible economic benefit to which an investor can expect a high probability of a specified list of risks. (shrink)

The issue of public health ethics has received much attention in recent years and is seen as a new field, distinct from medical ethics. Faculty from the University of Virginia, Johns Hopkins School of Public Health, Georgetown University, the University of Minnesota, and others received a grant from the Greenwall Foundation to examine this new field of public health ethics and identify the unique principles that distinguish it from the study of medical ethics. In the course of (...) that study, which included exploring the field with public health practitioners, a number of distinguishing ethical principles emerged. The moral principles appropriate for public health officials included producing benefits; avoiding, preventing and removing harms; producing a maximum balance of benefits over harms; and distributing benefits and burdens fairly. (shrink)

Across countries, governments are urging civil society, in particular charitable and non-profit associations, to take up a part of the social burden, and to produce and provide critical human services and social goods, either independently or on governments' behalf. This type of privatization, or public–private partnership, is encouraged by many on grounds of pluralism and liberty, as empowering individuals and their associations. In this paper, I aim to provide a liberty-based normative argument against privatization. A common view, supported (...) by both conservatives and classical liberals, is that the more social responsibility is left or delegated to civil society, the more civil society will flourish. I contend, by contrast, that when political societies rely on civil society to provide critical goods and services, individuals' freedom of association is threatened. The consequence of privatization is a multiple loss, in terms of individual freedom, value pluralism and the expressive character of civil society. (shrink)

This paper aims to discuss characteristics of Korea’s system responses with a research framework of the structure, conduct and performance theory and explain the role of information, communication technologies (ICT) and Big Data from a technology-mediated control (TMC) perspective.,This study examines the contextual nature of Korea’s diagnostic, preventive and treatment efforts. Particular attention is paid to issues related to the effective use of Big Data analytics and its applications, reporting mechanisms and public safety measures. The research model defines key (...) factors in assessing the effectiveness of Korea’s responses.,Findings of this research suggest: effective strategic planning and operational execution use well-tested and designed crisis-responsive manuals; linkage role of ICT/Big Data is prominent in trace, test and treat and participation (3T + P); and aggressive epidemic investigations require synergistic efforts of national and local government units, broad societal support and participation and contribution of global firms offering their domestic and global supply chain network capabilities.,The Korean Government's effective response experiences suggest the synergy of political, social, cultural and technological factors. Future studies may explore how personal privacy and public safety are both achieved in different social–cultural–political contexts (Ahn et al., 2020; Delgado et al., 2020; Sharma and Bashir, 2020). Other emerging organizational issues and international comparative studies are worth further investigation in future studies.,This case study suggests how to apply ICT capabilities for organizing a national response to the coronavirus pandemic (COVID-19) pandemic. Public and private partnership in the framework of sociotechnological synergy (i.e. integration of ICT and social orchestration) is essential for the 3T process. In support of public policy initiatives, global firms share their IT infrastructure and supply chain integration experiences to accommodate global-level crises like the COVID-19 pandemic.,This study extends the TMC framework to a national level. In the adapted TMC framework, the control source, control target and linkage mechanism are specified. Using TMC, this shows the dynamic roles of ICT/Big Data in Korea’s COVID-19 response experiences.,The impacts of the COVID-19 are rapid and enormous. Despite the controversial early policy decisions and the rapid rise of confirmed patients, the world has recognized Korea’s effective responses to the COVID-19 pandemic. (shrink)

Labor rights public-private partnerships are an important and growing phenomenon in corporate governance, even while they are sometimes used instrumentally by business for reputational reasons, and may ultimately fail to transform fundamentally the system they seek to redress.

Although there is a long-standing international debate concerning the privatization and corporatization of health services, there has been relatively little systematic analysis of the ways these types of reform manifest. We examine the impact of privatization and corporatization on public hospitals, and in particular on hospitals’ autonomy and accountability, with two aims: to uncover the key themes in the literature, and to consider implementation issues. The review of 2,319 articles was conducted using content analysis and a discussion of (...) selected key issues. Several major themes appear in the privatization and corporatization literature, including their use as tools in health systems reform, and the role of governments in sponsoring the processes. We show that much of the underlying argument is ideological rather than evidence based. Those who promote versions of privatization or corporatization claim that decreased government involvement in the management of hospitals leads inter alia to benefits such as greater efficiency, better quality services, and increased choice for patients. Those who argue against say that increased privatization leads to deleterious outcomes such as decreased equity, compromised efficiency and poorer quality of care. The evidence is often weak and at times conflicting. Privatization and corporatization are difficult to implement, and at best produce mixed results, and their impact seems to depend more on the motivation of the evaluator than the standard of the results. These debates are of a type that is to a large extent only resolvable ideologically. (shrink)

As conventionally understood, corruption relies on a set of universally agreed rules that determine what constitutes the appropriate allocation of organizational resources. This article explores whether rule-based approaches to corruption are applicable where business organizations, such as public private partnerships, and the public fundamentally disagree about what constitutes an appropriate allocation of resources. Drawing on empirical research about PPPs in Vietnam, this article compares how government, business organizations, and the public conceptualize the transfer of (...) class='Hi'>public assets into private ownership. It argues that a public interest approach to corruption is needed where PPPs privatize public assets within the law, but against the express wishes of the public. (shrink)

Inconsistent information between an organization’s corporate social responsibility (CSR) commitments and perceived CSR (in-)action is a big challenge for organizations because this is typically associated with perceptions of corporate hypocrisy and related negative stakeholder reactions. However, in contrast to the prevailing corporate hypocrisy literature we argue that inconsistent CSR information does not always correspond to perceptions of corporate hypocrisy; rather, responses depend on individual predispositions in processing CSR-related information. In this study, we investigate how an individual’s moral identity shapes reactions (...) to inconsistent CSR information. The results of our three studies show that individuals who symbolize—i.e., display—their moral identity to the public more than they internalize moral values react less negatively to inconsistent CSR information. We also show that this weakens their anger and willingness to change company behavior. Furthermore, we find that this effect is amplified for extraverted but weakened for neurotic individuals. Our findings underline the importance of individual predispositions in processing CSR information. (shrink)

Wharton's Treatise on the Conflict of Laws (1872) established his reputation in the field of international law. In 1884 he produced his Commentaries on Law, a work encompassing both international and constitutional law. His purpose in publishing this was, as he states simply in the Preface, "to give an exposition of what may be called public law. In the first three chapter are considered successively the nature, the source, and the history of law; and it is maintained (...) that law, as a rule of action, is the product of the conscience and need of the nation by which it is adopted.". (shrink)

Data access and data sharing are vital to advance medicine. A growing number of public private partnerships are set up to facilitate data access and sharing, as private and public actors possess highly complementary health data sets and treatment development resources. However, the priorities and incentives of public and private organizations are frequently in conflict. This has complicated partnerships and sparked public concerns around ethical issues such as trust, justice or privacy—in (...) turn raising an important problem in business and data ethics: how can ethical theory inform the practice of public and private partners to mitigate misaligned incentives, and ensure that they can deliver societally beneficial innovation? In this paper, we report on the development of the Swiss Personalized Health Network’s ethical guidelines for health data sharing in public private partnerships. We describe the process of identifying ethical issues and engaging core stakeholders to incorporate their practical reality on these issues. Our report highlights core ethical issues in health data public private partnerships and provides strategies for how to overcome these in the Swiss health data context. By agreeing on and formalizing ethical principles and practices at the beginning of a partnership, partners and society can benefit from a relationship built around a mutual commitment to ethical principles. We present this summary in the hope that it will contribute to the global data sharing dialogue. (shrink)

A key challenge in the management of the public-private partnership project is to understand the critical factors for sustainability performance as well as their complex interaction. Majority of existing studies focus on identifying general factors without consideration of specific context of individual sector. To bridge the gap, unique characteristics of water PPP projects are taken into consideration in this study where the relationship among critical factors to achieve sustainable performance is analyzed from a network perspective. Stakeholder-associated factors and (...) their interrelations were identified via extensive literature review and structured interview, and the social network analysis method was employed to recognize the critical factors and their interactions in sustainability achievement of water PPP projects. As a result, seven stakeholder groups and 18 critical factor nodes were identified and further classified into four challenges when achieving sustainability. These challenges are promoting ecological awareness and responsible citizen behaviour; project construction quality; ecological designs and technology innovations; and project management capacity. These findings provide the stakeholders of water PPP projects with useful references for mitigating the risks and facilitating efforts to achieve better sustainability performance. (shrink)

Public health ethics is emerging as a new field of inquiry, distinct not only from public health law, but also from traditional medical ethics and research ethics. Public health professional and scholarly attention is focusing on ways that ethical analysis and a new public health code of ethics can be a resource for health professionals working in the field. This article provides a preliminary exploration of the ethical issues faced by public health professionals in day-to-day (...) practice and of the type of ethics education and support they believe may be helpful. (shrink)

As brands have emerged as key organizational assets and primary capital, branding has become the essence of many businesses. Companies and their brands are evermore expected to behave in a responsible way towards society. This article develops a model that allows companies that are interested in brand building towards social values to identify which kinds of public services are better for them to associate with in order to develop a socially responsible strategy.

Institutional resilience refers to the capacity of institutions to deal with adversity. Crises are a major source of adversity. However, we poorly understand the relations between institutional resilience and crises. Through a comparative process tracing across three European countries, I investigate how multistakeholder partnerships in work integration contributed to institutional resilience in response to the economic and the refugee crises. I present these foremost as moral crises, where public, private, and nonprofit actors choose to engage or not (...) engage out of a sense of responsibility. I develop a framework and research propositions on how multistakeholder collaboration may increase institutional resilience when it is affected by moral crises and make three contributions: First, in contrast to the destructive effects of crises often stressed, I identify pull and push factors triggered by moral crises that may galvanize fragmented efforts into joint action. Second, I conceptualize nested contingencies of institutional resilience, by explaining how resilience is affected by interaction between (1) the capacity of existing institutions and the level of adversity produced by crises and (2) institutional precursors that new actor constellations can build on and crises challenge existing institutions directly or indirectly. Third, I conceptualize which type of actor is likely to take the lead, and under which context conditions, when multiple stakeholders engage in increasing institutional resilience. I derive implications on how anticipatory embedded agency can prevent crises and how moral pro-activity may not only benefit institutional resilience, but also the organizations who choose to act. (shrink)

For business to flourish, society must flourish. In today's global economy, business serves the common good not only by producing goods and services but also by reaching out to the many who are not even in the market because they lack marketable skills and the resources to acquire them. _Sustainable Development: The UN Millennium Development Goals, the UN Global Compact, and the Common Good_ contains twenty-two essays that document the work of Western companies, working through the UN Global Compact and (...) its Principles of Responsible Investment and the Principles for Responsible Management Education, to shape more peaceful and just societies. Seven case studies by leading businesses and private-public partnerships—including Microsoft, Merck, Sumitomo Chemical, Nestlé, Coca-Cola, Novartis, and Levi Strauss—outline their projects, especially those advancing the MDGs designed to alleviate dire poverty. Twelve chapters reflect on some of the conceptual issues involved with the MDGs, and the three concluding essays examine the future of the UN Global Compact, of the Millennium Development Goals, and of the role of business enterprise in society._ "The United Nations Global Compact is a major initiative in the worldwide effort to ensure the fair distribution of the enormous wealth generated by the globalization of corporate capitalism, an initiative of interest to all nations, corporations public and private, and the present and future citizens of the world. This volume comprises original contributions from the foremost scholars in the field. These papers are the state of the art in the scholarly examination of the international efforts on the part of private enterprise to assist in economic development and forging peace." — Lisa H. Newton, Fairfield University_. (shrink)

In 2004, the first ever multi‐sited clinical trials studied the prospect of HIV biomedical prevention (referred to as pre‐exposure prophylaxis—‘PrEP’). The trials were implemented at several international sites, but many officially closed down before they completed. At most sites, both scientists and community AIDS advocates raised concerns over the ethics and scientific rationales of the trial. Focusing on the Nigerian trial site, we detail the controversy that emerged among mostly Nigerian research scientists who scrutinized the research design and protocol. (...) While some of the disputes, especially those pertaining to community engagement mechanisms, were ultimately resolved in international fora and implemented in later PrEP trials, concerns over science rationales and assumptions were never addressed. We argue that scientific rationales should be treated as ethical concerns and suggest that such concerns should be deliberated at host sites before the trial protocol is finalized. (shrink)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and (...) jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

The heart of Richard Rorty's philosophy is his distinction between the private and the public. In the first part of this paper, I highlight the profound influence that the inherited vocabularies of Romanticism and Moralism have had on Rorty's understanding of both the distinction and the problems he intends to solve with it. I also suggest that Rorty shares with Plato, Kant, and Nietzsche philosophical habits that cause him to treat two importantly different problems as one. Once the (...) moral problem is disentangled from the political, it becomes clear that Rorty's distinction is unnecessary to the former and inadequate for the latter. In the second part of the paper, I argue that Rorty's non-foundationalist pragmatism supports the view that the political problem is best resolved by what I call a democratic mechanism of arbitration. It is the lingering influence of Romanticism and Moralism, I suggest, that is the cause of Rorty's reluctance to embrace fully the political priority of democratic consensus. Finally, I discuss why this analysis of Rorty's liberalism may have implications for the general question of how best to resolve political disputes in pluralist societies. (shrink)

This paper develops three arguments for increasing the strength of database protection under U.S. law. First, stronger protections would encourage private investment in database development, and private databases have many potential benefits for science and industry. Second, stronger protections would discourage extensive use of private licenses to protect databases and would allow for greater public control over database laws and policies. Third, stronger database protections in the U.S. would harmonize U.S. and E.U. laws and would thus (...) enhance international trade, commerce, and research. The U.S. should therefore follow the European example and develop two tiers of protection for databases: 1) protection for creative databases under copyright law; 2) protection for non-creative databases through a special type of sui generis protection. In order to balance private control of data and public access to data, sui generis protections should define a “fair use” exemption that permits some unauthorized extraction of data for private, educational, and research purposes, provided that such extraction does not adversely impact the economic value of the database. (shrink)

Habermas dialogically recasts the Kantian conception of moral autonomy. In a legal-political context, his dialogical approach has the potential to redress certain troubling features of liberal and communitarian approaches to democratic politics. Liberal approaches attach greater normative weight to negatively construed individual freedoms, which they seek to protect against the interventions of political authority. Communitarian approaches prioritize the positively construed freedoms of communal political participation, viewing legal-political institutions as a means for collective ethical self-realization. Habermas’ discourse theory of law and (...) democracy seeks to overcome this competition between the negative and positive liberties. Doing so entails reconciling private and public autonomy at a fundamental conceptual level. This is his co-originality thesis, which seeks to show that private and public autonomy are internally connected and evenly balanced. I support his aim but argue that he fails to achieve it due to an unsatisfactory account of private autonomy. I suggest an alternative dialogical conception of autonomy as ethically self-determining agency that would enable him to establish his thesis. (shrink)

New modes of environmental regulation are said to have transcended the public/private divide. These new regulatory schemes - referred to as non-coercive orderings, self-regulation, co-regulation, metaregulation and social regulation - set aside the formal nature of the regulating entity, the regulated entity, and the tools of regulation. Instead of asking whether the means, objects and formulators of the regulation are public or private, the focus lies on the substance and effectiveness of the regulation in mitigating environmental (...) harms. In this Article we argue that despite these claims, often advanced by new governance proponents, the public/private divide in in fact alive and well, informing and impacting the ways in which various regulatory schemes are justified and legitimated. We exemplify this argument through an analysis of the role of three entities in international environmental regulation: the state, local governments, and civil society entities. This Article then suggests three consequences of the persistence of the public/private dichotomy and its denial: it produces a “tilt” towards the private; it tends to hide conflicts and disagreements, projecting an image of a frictionless world; and it prevents an imagination of a different world that transcends the structure of social life embedded in it. (shrink)