Public Private Partnerships
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Public Private Partnerships

Governing Common Interests

9781789903720 Edward Elgar Publishing
Sara Valaguzza, Full Professor of Administrative and Environmental Law, University of Milan and Eduardo Parisi, Postdoctoral Research Fellow in Administrative Law, University of Milan, Italy
Publication Date: 2020 ISBN: 978 1 78990 372 0 Extent: 256 pp
This insightful book critically examines the phenomenon of public private partnerships through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.

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Contents
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This insightful book critically examines the phenomenon of public private partnerships (PPPs) through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.

The authors position co-responsibility and a bottom-up approach as new routes of administrative action, showing how the dynamism and energy of both communities and administrations can come together in an effective way. The key concept of the analysis is ‘governing common interests’. It reveals a revolutionary change in the traditional approach to ‘public interest’, as a result of the emerging role of the private sector in interpreting and taking care of the community’s need. Chapters provide systematic analysis of the central ideas for governing common interests through PPPs, with reference to cases and legislation, showing the advantages, the reasons and the forms of application in national and international contexts, and the differentiation from similar models.

Setting PPPs in a clear and consistent theoretical framework, this informative book will be of value to academics and students of public administrative and constitutional law, whilst also appealing to both policy makers and public officials.
Critical Acclaim
‘This book is a well-structured, welcome invitation for legal scholars to explore the values and relationships upon which our modern economy bases its governance. The book is recommended for researchers interested in privatization, the public-private divide, and present and future shifts in administrative law.’
– Astrid Voorwinden, Review of European Administrative Law

‘This book provides a timely review of the paths towards sustainable and mutually-beneficial PPPs. Consistent with UNCITRAL''s recent work on this topic, the authors have demystified PPPs and located them appropriately in a good governance framework.’
– Caroline Nicholas, UNCITRAL Secretariat, United Nations

‘This book is a significant practical and theoretical addition to the literature on PPPs. Presenting a multi-dimensional and interdisciplinary approach to the subject matter, the authors are to be commended for distilling and explaining the tensions inherent in this field. It is not often that one comes across a book that is as in-depth, well-reasoned and well written as this. I would recommend this book to all lawyers and non-lawyers interested in public procurement, in development procurement and in PPPs.’
– Sope Williams-Elegbe, Stellenbosch University, South Africa
Contents
Contents: Introduction Part I 1. Public private partnership: first steps towards a juridical definition 2. Public private partnership’s juridical identity: the international dimension 3. Public private partnership’s juridical identity: the local dimension 4. Clearing the picture: overcoming common misperceptions Part II 5. Reconstructing the juridical identity of public private partnership 6. From public interest to common interests 7. Conclusion Bibliography Index
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