Investing in concession projects currently requires investors to be rather decisive. There are practically no effective mechanisms for protecting investors, despite the fact that concession ...agreements are most commonly used at emerging markets, which were previously the prerogative of the state. The proposals of state authorities today do not imply amendments to draft concession agreements. State authorities have no intention to enter into negotiations with the auction winners. Practically, concession agreements are used as accession agreements, any improvement in the terms of the concession agreement after the auction may lead to the refusal to sign. The main trend in the field of concessions is that concessionaires are not ready to participate in state and municipal concession projects, and the existing legal and other risks lead to negative consequences not only for stakeholders but also for the population as a whole. The research methodology is a combination of general scientific and particular scientific (logical-legal, comparative-legal, legal modeling) methods of cognition. The conclusions are of practical importance and can be used to develop methods for improving the legal regulation of concession agreements.
There have also been more specific studies about synergistic factors affecting these costs and benefits 4,5. ...if this is the basis for NTW's claim that relatedness is not causal, then we have shown ...that NTW's other parameters are also not causal, because when we force them to be constant, only variation in relatedness matters 1. ...this apparent concession about the importance of relatedness is perplexing, given that Nowak and Allen expend significant effort questioning the details of exactly how we modeled lower relatedness, while continuing to equivocate about the real issue of how relatedness matters.
This article is devoted to the study of some theoretical and practical problems of concluding a conditional agreement in the form of a smart contract. The article defines and characterizes a ...conditional agreement and describes its differences from ordinary transactions. The author analyzes the possibility of expressing conditional agreements in the form of a smart contract, taking into account the features of setting program code, as well as features of the agreement (a condition that the special nature of the rights and obligations of the parties activity). As a result of the research, it was concluded that the conditional transaction structure is ideally suited to the elementary program code for creating a smart contract. However, the condition contained in the transaction must be strictly formalized and expressed in clear values, such as numbers. The main problems that arise when creating a smart contract are also identified: the complexity of getting data from the real world by the system, weak state control, and possible data leakage from the system. Thus, the use of digital technologies is a prospective direction for the development of conditional agreements, but this requires solving both legal and some technical problems.
U članku se daje prilog poznavanju povijesti Balkanske banke d.d. Zagreb od njezina osnutka (1922.) pa sve do formalnoga završetka njezine likvidacije (1948.). Poslovanje banke razvijalo se je u ...početku izuzetno povoljno. U kolovozu 1922. predsjednik banke Dušan Plavšić pozvan je na dužnost pomoćnika ministra financija. Kako je vlada kojoj je Plavšić pripadao u prosincu 1922. dala ostavku, uslijed tadašnjih političkih prilika nastala je novinska kampanja koja je bila uperena i protiv Balkanske banke. Time je taj slučaj dobio i čisto političku konotaciju. Tada je počela propast Balkanske banke. Kontinuiranim napadima novoga ministra financija, radikala Milana Stojadinovića, na Dušana Plavšića, novinskom kampanjom protiv Plavšića i Balkanske banke te katastrofalno izvedenim devizno-čekovnim transakcijama, cjelokupno poslovanje Balkanske banke došlo je u vrlo tešku financijsku situaciju. Krajem 1924. banci je odobrena prinudna nagodba. Na temelju te nagodbe banka je na svojoj izvanrednoj glavnoj skupštini 1925. zaključila likvidaciju. Banka je pravno postojala sve do 1948., kada je nakon praktično formalizirane likvidacije brisana iz trgovačkoga registra Okružnoga suda za grad Zagreb.
Mounting pressures on the healthcare system, such as budget constraints and new, costly health technologies reaching the market, have pushed payers and manufacturers to engage in managed entry ...agreements (MEAs) to address uncertainty and facilitate market access.
This study was conducted to illustrate the current landscape of MEAs in Europe and to analyze the main hurdles they face in implementation, providing a policy perspective.
We conducted a health policy analysis based on a literature review and described the emergence, classification, current use, and implementation obstacles of MEAs in Europe.
Throughout Europe, uncertainty and high prices of health technologies have pushed stakeholders towards MEAs. Two main types of MEAs were applied heavily, finance-based agreements (FBAs) and performance-based agreements, including individual performance-based agreements and coverage with evidence development (CED). Service-based agreements have not been as heavily considered so far, yet are increasingly used. Many European countries are turning to CEDs to address uncertainty and facilitate market access while negotiating the pricing and reimbursement rates of products. Despite the interest in CEDs, European countries have moved toward FBAs due to the complexities and burdens associated with PBAs.
Ultimately, in Europe, with the exception of Italy, where MEAs have proven to be inefficient, MEAs are predominantly FBAs dedicated to addressing cost containment from payers’ perspective and external reference pricing from the manufacturers’ perspective. It has been speculated that MEAs will disappear in the medium-term as they are counterproductive for extending patient access and emergence of innovation. To inform value-based decision making and allow early access to innovative medicines, CEDs should be revisited.
•This article begins with a short review of the existing taxonomy of managed entry agreements (MEAs) and includes a history of their implementation. The novelty of the article lies in several highlights, including the introduction of service-based agreements and a proposed structure for their taxonomy, robust literature challenging MEAs’ ability to achieve their goal to address uncertainty, and elaboration on MEAs reintroduced as hidden differential pricing.•In a time when innovative, highly expensive therapies are reaching the market, service-based agreements and establishing the appropriate conditions will be critical to establish sustainable healthcare, rendering this article invaluable for manufacturers seeking faster market access.
Preferential trade agreements (PTAs) have been proliferating for the last twenty years. A large literature has studied various aspects of this phenomenon. Until recently, however, many large-N ...studies have paid only scant attention to variation across PTAs in terms of content and design. Our contribution to this literature is a new dataset on the design of trade agreements that is the most comprehensive in terms of both variables coded and agreements covered. We illustrate the dataset’s usefulness in re-visiting the questions if and to what extent PTAs impact trade flows. The analysis shows that on average PTAs increase trade flows, but that this effect is largely driven by deep agreements. In addition, we provide evidence that provisions that tackle behind-the-border regulation matter for trade flows. The dataset’s contribution is not limited to the PTA literature, however. Broader debates on topics such as institutional design and the legalization of international relations will also benefit from the novel data.
A key assumption of audience costs theories of crisis bargaining and international cooperation is that audience members have strong preferences for consistency between their leader's commitments and ...actual policy choices. However, audiences also have strong preferences over the policy choices themselves, regardless of their consistency with past commitments. I conducted a randomized survey experiment to evaluate the magnitude of consistency and policy effects in the context of international agreements over trade policy. Respondents with expressed policy preferences, whether supporting or opposing free trade, have muted reactions to learning that their leader has broken an agreement. Only respondents with no opinion on trade policy are affected by learning that their leader's policy is inconsistent with prior commitments. This suggests that constituents' underlying preferences limit the degree to which audience costs influence policymakers' calculations.
The existing economics literature on international trade agreements focuses on tariff agreements covering trade in goods and explains core features of the General Agreement on Tariffs and Trade ...(GATT). Tariffs play almost no role in services markets, however, and the literature cannot account for the strikingly different approach to trade liberalization in agreements such as the World Trade Organization’s General Agreement on Trade in Services (GATS). We develop a model through which key features of GATS, including its emphasis on “deep integration” can be understood. And we use this model to suggest that there may also be a middle ground for services trade liberalization between the GATS deep-integration approach and the traditional “shallow-integration” approach of GATT.
Many governments, large institutions, and collective actors rely on the principle of solidarity to embed social policies on firm normative and legal grounds. In this original volume, a ...multidisciplinary roster of scholars come together to examine the contributions – and challenges –implicit in relying on the idea of solidarity to 'inscribe' this principle in social policies. Chapters explore how the dependence on the solidarity principle, and especially on inclusive understandings of solidarity, can strengthen or weaken institutions and movements. The volume's contributors cover developments across decades with a multilevel approach exploring dynamic interactions between local, national, and supranational arenas in pursuing and adjudicating the solidarity principle. Unique and innovative, Inscribing Solidarity examines the implications and dynamics of solidarity across a variety of terrains to illuminate its concrete limitations and specific advantages. This title is also available via Open Access on Cambridge Core.
La notion même de désaccord implique l’intersubjectivité, puisqu’on ne peut être en désaccord qu’avec au moins quelqu’un et sur un thème particulier en partage. Pour qu’il y ait désaccord, il faut de ...la sorte au départ un accord minimum. Je pars de ce constat pour réfléchir à quelques « drôles de cas » où le dissensus s’exprime par des marqueurs de complicité ou d’accord et où, inversement, la connivence empathique entre coénonciateurs prend la forme d’un désaccord : ces cas invitent à envisager l’accord et le désaccord non plus en rupture, mais plutôt en continuité. Ma ligne directrice sera celle d’un continuum allant des bises aux bisbilles (et inversement), au sein duquel des modulations et des positions intermédiaires variées (désaccords pour rire, demi-désaccords, dissensus adoucis en consensus, etc.) peuvent être observées. Pour ce faire, je travaillerai prioritairement sur le corpus 88milSMS (http://88milsms.huma-num.fr/), corpus qui pose problème au regard de la notion de désaccord : le consensus, la synchronisation font en effet partie des attendus des SMS, l’autre étant toujours envisagé comme un même. Dans ce cadre, peut-on être en désaccord avec quelqu’un appartenant au même réseau relationnel, et avec qui on est en empathie(le mot désaccord ne figure d’ailleurs pas une seule fois dans les 88522 SMS constituant le corpus) ? Dans un premier mouvement, je réfléchirai aux mots accord et désaccord eux-mêmes, puis je proposerai l’idée d’un continuum entre les deux pôles, avant d’aborder les rares cas où la guerre semble apparemment déclarée. Cependant le dissensus, même s’il est explicitement signifié, est souvent tempéré, envisagé sur fond de territoire en partage, observation qu’il faut rattacher au fait que les scripteurs cultivent l’entre-soi et la complicité avec leurs mêmes. The very notion of disagreement implies inter-subjectivity, since it takes at least two people to disagree on a common theme: to reach disagreement requires a minimum of agreement as a starting-point. This brings me to envisage unusual cases, when disagreement is uttered through markers of complicity or agreement and, conversely, empathetic complicity between utterers is expressed in the form of a disagreement: these cases invite us to consider agreement and disagreement in continuity. The running thread is a continuum from closeness to squabble (and vice versa), in which modulations and varied intermediate positions (such as fake disagreement, halfdisagreement, mild disagreement, etc.) can be observed. To demonstrate this I will focus on the 88milSMS corpus (http://88milsms.huma-num.fr/), in which the notion of disagreement is problematic as consensus and synchronization are expected, indeed the other person is always seen as a reflection of oneself. In this context, is it possible to disagree with someone belonging to a relationship network, and with whom we empathize (the word disagreement does not figure once in the 88522 SMS corpus)? First, I will analyze the meaning of the terms agreement and disagreement, then I will consider the idea of a continuum between those two extremes, before focusing on the rare cases when enmity is openly expressed. However disagreement, even if explicitly uttered, is often mitigated because it rests on shared common ground, an observation that is linked to the fact that the interlocutors favour collusion and complicity with their peers.
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