This paper investigates the prospective application of arbitration by Transnational Private Regulation (TPR). It builds on the study of TPR developed by Fabrizio Cafaggi et al. TPR addresses the ever-increasing transfer of regulatory power from national to global levels, and from public to private regulators. TPR entails private regulatory co-operation be-yond the jurisdictional boundaries of States through voluntary standards. The regimes of TPR are built by a variety of actors, such as companies, NGOs, independent experts, and epistemic communities. Examples of TPR can be found in food safety, forestry management, trade, and derivatives, among other fields. More specifically, they concern private actors engaging in transnational coordination of standard setting such as the Forest Stewardship Council (FSC) that was developed to foster responsible management of the world’s forests. There are four main characteristics of TPR: legitimacy, quality, effectiveness, and enforcement. I will describe those four characteristics in brief here. First, the legitimacy of TPR is built around consent through voluntary entry, participation, and exit of regulated entities. Important to this contribution is that the legitimacy of TPR goes beyond its legal dimension, measured by purely legal standards. Hence, the legitimacy of TPR is largely determined by standards developed by social and economic institutions relevant to specific TPR regimes. The role of those institutions in standard settings is higher in private TPR regimes than private-public TPR regimes, where some forms of compliance are mandatory. Second, the quality of TPR corresponds to the ex ante and ex post evaluation cycle of regulatory processes. It is also linked with the transparency of TPR. Third, the effectiveness of TPR is measured according to the extent to which the objectives of TPR (or selected TPR regimes) are met. And finally, enforcement of TPRis understood as ‘ensuring compliance with commitments’. Enforcement of TPR can take place through courts, administrative agencies, and private dispute resolution—including the arbitration at the core of this contribution. Cafaggi’s study identified rather selective use of arbitration in TPR, but also recommended changes to make arbitration law more adaptable to TPR. Furthermore, the study recommended that more specialized dispute resolution institutions are created to exclusively serve TPR. Against this background, I shift the main focus of analysis from TPR to arbitration. Whereas Cafaggi argued that arbitration may be suitable for TPR as a means of private enforcement, in this paper I go even further, arguing that arbitration as a means of informal, out-of-court dispute resolution is well suited to strengthen the normativity of TPR. This is so because private arbitration actors (including, inter alia, arbitrators and arbitral institutions) are already equipped with the tools necessary to facilitate cross-border TPR, which is done through informal standards and procedures with origins in the communitarian values and reputational mechanisms used by different communities before the development of modern States. The roots of most private justice regimes—including arbitration—are informed by communitarian values such as collaboration, participation, and personal trust. Those values, together with other core characteristics of arbitration correspond to all core characteristics of TPR, making both systems comparable and complementary. The analytical framework incorporated in this paper follows the four core characteristics of TPR. Hence, the paper is organized into five sections. The first section contains the introduction. In the second section, I analyze the legitimacy of arbitration vis-à-vis the legitimacy of TPR. In the third section, I investigate the accountability of arbitration as a means of quality signaling vis-à-vis TPR. In the fourth section, I focus on the remedies available to arbitrators in a view of TPR’s effectiveness. Finally, in the fifth section, I analyze enforcement through arbitration and its impact on the exclusiveness versus complementarity of TPR regimes. Conclusions follow, including recommendations for future research. Part of topic "The blurring distinction between public and private in international dispute resolution"
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The increased adoption of electric vehicles worldwide is largely caused by the uptake of private electric cars. In parallel other segments such as busses, city logistics and taxis, are increasingly becoming electrified. Amsterdam is an interesting case, as the municipality and the taxi sector have signed a voluntary agreement to realise a full electric taxi fleet by 2025. This paper investigates the results of a survey that was distributed amongst 3000 taxi drivers to examine perceptions and attitudes on the municipal charging incentives as well as taxi ride characteristics.
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Public innovation has come of age. It is now a distinctive field in its own right, and no longer overly reliant on evidence, concepts and norms derived from private sector research (for example Arundel et al., 2019; Windrum & Koch, 2008; Hartley, 2005; Bekkers & Tummers, 2018). A key feature of public innovation is its publicness—it occurs in, and is linked to, a formal political context rather than being driven by market pressures.
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The shortage for ICT personal in the EU is large and expected to increase. The aim of this research is to contribute to a better understanding of the roles and competences needed, so that education curricula can be better aligned to evolving market demand by answering the research question: Which competence gaps do we need to bridge in order to meet the future need for sufficiently qualified personnel in the EU Software sector? In this research, a mixed method approach was executed in twelve European countries, to map the current and future needs for competences in the EU. The analyses shows changes in demand regarding technical skills, e.g. low-code and a stronger focus on soft skills like communication and critical thinking. Besides this, the research showed educational institutes would do well to develop their curricula in a practical way by integration of real live cases and work together with organizations.
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This paper presents four Destination Stewardship scenarios based on different levels of engagement from the public and private sector. The scenarios serve to support destination stakeholders in assessing their current context and the pathway towards greater stewardship. A Destination Stewardship Governance Diagnostic framework is built on the scenarios to support its stakeholders in considering how to move along that pathway, identifying the key aspects of governance that are either facilitating or frustrating a destination stewardship approach, and the required actions and resources to achieve an improved scenario. Moreover, the scenarios and diagnostic framework support stakeholders to come together to debate and scrutinise how tourism is managed in a way that meets the needs of the destination, casting new light on the barriers and opportunities for greater destination stewardship.
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De focus binnen het lectoraat is gericht op botsende waarden. Publieke organisaties onderscheiden zich op vele punten van private organisaties en hebben unieke publieke waarden. In vele westerse en niet westerse landen zien wij New Public Management opkomen. De kern van deze benadering is dat de verschillen tussen publieke en private organisaties helemaal niet zo groot zijn en dat publieke organisaties kunnen leren van het bedrijfsleven. In het onderzoek van het lectoraat wordt, aan de hand van het thema prestatiemeting, nagegaan in hoeverre er sprake is van botsende waarden, hoe deze botsing tot uitdrukking komt en welke alternatieven er zijn. Het onderzoek van het lectoraat richt zich vooral op prestatiemeting in de publieke sector, waarbij prestatiemeting zowel wordt beschouwd op het niveau van de individuele werknemer als op het niveau van de publieke organisatie als geheel.
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The Centre of Research in Knowledge Organisations and Knowledge Management of Zuyd University has developed a knowledge management scan. The scan initiates from two models. The first model is based on the Value Based Knowledge Management approach (Tissen, Andriessen & Lekanne Deprez, 1998) and includes 6 basic abilities of a knowledge-intensive organisation that will enable the organisation to operate successfully in a knowledge based economy (.The second model, developed by Wierdsma and Swieringa (2002), categorises organisations according to their level of learning that is to say, how it develops a specific learning ability. Both models are briefly reviewed within this paper. This knowledge management scan is a tool that enables an organisation to assess the development of its six basic abilities. Once the organisation has a clear insight into its own abilities, it will be able to strengthen its overall learning ability and improve the organisations’ competitive position. Additionally we take a close look at our research approach for developing and implementing the knowledge management scan. The scan encompasses 15 statements per ability (90 statements in total). The complete scan will be assessed on a five-point scale by a representative group of selected employees and managers of an organization, supervised by a researcher/consultant. During the analysis of the results and the presentation of recommendations, specific attention is paid to those statements that achieve high and low scores respectively (invitation to implement improvement actions) and statements that have a relatively high spread across a broad range (differences of opinion or the statement is open to different interpretations). In particular we have examined how the knowledge management scan was put into practice in one of the departments of Zuyd University. After a short summary of the organisation's initial situation, we discuss subsequent steps taken during the assessment, analysis and the advisory process. This paragraph is followed by a concise summary of the results generated by the scan. Finally we offer the recommendations and subsequent steps to be taken to implement these advices in the near future.
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from the article: Supply chain integration intensifies through digitalisation of business administration (BA) processes. However, it is unclear whether differences exist between the public and private sector in development or implementation of supply chain integration solutions. The large scope of the supply chain, being a large network of companies working together towards one end product, is limited for this study to e-procurement processes. The related software solutions are included. This study starts with a theoretical snapshot of e-procurement. This is followed by a process viewpoint of the e-procurement function. Next five different forms of e-procurement cooperation are presented seen from an actors network viewpoint. The utilisation of these forms create insight in the differences between the public and private sector in their e-procurement adoption behaviour. The process maturity scan results shows that the process maturity between the two sectors is comparable. However, this only explains the differences per sector concerning their ability to improve and control their processes in general. For reliability, this step is followed by three in-depth interviews combined with analyses of recent e-procurement behaviour studies involving the two sectors. The final step compares the maturity outcome with the in-depth data results. Both sectors show certain forms of coalition in the e-procurement. Where ‘competition’ is a construct that drives the private sector, the public sector has cost control as a driver towards collaboration and integration within e-procurement. This can only partially be explained by the past European financial crises. Differences are found in digital collaboration and the integration itself. The most important difference lies in the European tendering procedure to which the public sector (unlike the private) is restricted. In nature an e-procurement design and development project does not fit the prescribed procedures.
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Since the financial and administrative liberalisation from the government in the late 1980s and the 1990s, the Dutch housing associations have been very dynamic, regarding the considerable extension of both commercial and social activities, the increased reliance and dependence on market circumstances, and the large number of amalgamations, creating bigger organisations. In recent years the Dutch social housing sector is under increased pressure as a consequence of the credit crunch, increased tax levies and the national implementation in the sector of EU regulations on ‘Services of General Economic Interest’. Factors like these are likely to have an effect on the organisational strategies of housing associations, the main providers of social housing in the Netherlands. The direction and the size of these effects, however, are not well known. A recent inquiry among housing associations sheds more light on this. In this paper, we make use of a classification including a socialcommercial dimension and a dimension between so-called ‘prospectors’ and ‘defenders’. This classification proves to be an adequate tool to describe the recent developments in the sector. It is concluded that, in general, housing associations are focussing more on traditional social housing tasks and ‘defending’ strategies, implying a shift back compared to the trend in recent decades.
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