A közérdek védelmének intézményei Public-Private Partnership esetében = Institutional approaches to protecting public interest in Public-Private Partnership projects

A tanulmány a Public-Private Partnership (PPP) egyik nagy kérdésének megközelítéseit vizsgálja: miként védhető a közérdek e projektekben. Piaci és nem piaci megoldásokat tesz az elemzés mérlegre, valamint kitér arra, hogy miért különleges a PPP projektek esetében a közérdek védelmének kérdése. A szabályozott verseny körülményeinek kialakítása több megközelítésben is perdöntő kérdés a PPP értéknövelésének előmozdításához, bár a létező megoldások nem mentesek anomáliáktól. A képviseleti demokrácia intézményi működésének támogatására pedig a társadalmi részvétel megoldásait javasolja az irodalom. E megközelítés is több formájában, többféle céllal és szintén kihívásokkal segítheti az értéknövelő PPP projekteket. A tanulmány az elvi lehetőségek értékelő elemzését követően a megvalósítás realitásait is mérlegre teszi. = This study focuses on a key issue in Public-Private Partnership (PPP) projects: how may public interest be protected. It assesses market based and non market based approaches, and also explains why PPP projects are peculiar when addressing the protection of public interest. Setting up the conditions for simulated competition is of paramount importance for different reasons in order to enable value creating PPP projects. Existing solutions however are not without anomalies. To promote the institutions of democracy, participatory solutions are recommended in the literature. That approach may help value creating PPP projects in various forms, with a range of objectives and challenges. The study concludes the analytical assessment of options by highlighting the realistic conditions of implementation.

Turning conflict into coexistence: cross-cutting ties and institutions in the agro-pastoral borderlands of Lake Naivasha basin, Kenya

The Maasai/Kikuyu agro-pastoral borderlands of Maiella and Enoosupukia, located in the hinterlands of Lake Naivasha’s agro-industrial hub, are particularly notorious in the history of ethnicised violence in the Kenya’s Rift Valley. In October 1993, an organised assault perpetrated by hundreds of Maasai vigilantes, with the assistance of game wardens and administration police, killed more than 20 farmers of Kikuyu descent. Consequently, thousands of migrant farmers were violently evicted from Enoosupukia at the instigation of leading local politicians. Nowadays, however, intercommunity relations are surprisingly peaceful and the cooperative use of natural resources is the rule rather than the exception. There seems to be a form of reorganization. Violence seems to be contained and the local economy has since recovered. This does not mean that there is no conflict, but people seem to have the facility to solve them peacefully. How did formerly violent conflicts develop into peaceful relations? How did competition turn into cooperation, facilitating changing land use? This dissertation explores the value of cross-cutting ties and local institutions in peaceful relationships and the non-violent resolution of conflicts across previously violently contested community boundaries. It mainly relies on ethnographic data collected between 2014 and 2015. The discussion therefore builds on several theoretical approaches in anthropology and the social sciences – that is, violent conflicts, cross-cutting ties and conflicting loyalties, joking relationships, peace and nonviolence, and institutions, in order to understand shared spaces that are experiencing fairly rapid social and economic changes, and characterised by conflict and coexistence. In the researched communities, cross-cutting ties and the split allegiances associated with them result from intermarriages, land transactions, trade, and friendship. By institutions, I refer to local peace committees, an attempt to standardise an aspect of customary law, and Nyumba Kumi, a strategy of anchoring community policing at the household level. In 2010, the state “implanted” these grassroots-level institutions and conferred on them the rights to handle specific conflicts and to prevent crime. I argue that the studied groups utilise diverse networks of relationships as adaptive responses to landlessness, poverty, and socio-political dynamics at the local level. Material and non-material exchanges and transfers accompany these social and economic ties and networks. In addition to being instrumental in nurturing a cohesive social fabric, I argue that such alliances could be thought of as strategies of appropriation of resources in the frontiers – areas that are considered to have immense agricultural potential and to be conducive to economic enterprise. Consequently, these areas are continuously changed and shaped through immigration, population growth, and agricultural intensification. However, cross-cutting ties and intergroup alliances may not necessarily prevent the occurrence or escalation of conflicts. Nevertheless, disputes and conflicts, which form part of the social order in the studied area, create the opportunities for locally contextualised systems of peace and non-violence that inculcate the values of cooperation, coexistence, and restraint from violence. Although the neo-traditional institutions (local peace committees and Nyumba Kumi) face massive complexities and lack the capacity to handle serious conflicts, their application of informal constraints in dispute resolution provides room for some optimism. Notably, the formation of ties and alliances between the studied groups, and the use of local norms and values to resolve disputes, are not new phenomena – they are reminiscent of historical patterns. Their persistence, particularly in the context of Kenya, indicates a form of historical continuity, which remains rather “undisturbed” despite the prevalence of ethnicised political economies. Indeed, the formation of alliances, which are driven by mutual pursuit of commodities (livestock, rental land, and agricultural produce), markets, and diversification, tends to override other identities. While the major thrust of social science literature in East Africa has focused on the search for root causes of violence, very little has been said about the conditions and practices of cooperation and non-violent conflict resolution. In addition, situations where prior violence turned into peaceful interaction have attracted little attention, though the analysis of such transitional phases holds the promise of contributing to applicable knowledge on conflict resolution. This study is part of a larger multidisciplinary project, “Resilience in East African Landscapes” (REAL), which is a Marie Curie Actions Innovative Training Networks (ITN) project. The principal focus of this multidisciplinary project is to study past, present, and future thresholds and sustainable trajectories in human-landscape interactions in East Africa over the last millennia. While other individual projects focus on long-term ecosystem dynamics and societal interactions, my project examines human-landscape interactions in the present and the very recent past (i.e. the period in which events and processes were witnessed or can still be recalled by today’s population). The transition from conflict to coexistence and from competition to cooperative use of previously violently contested land resources is understood here as enhancing adaptation in the face of social-political, economic, environmental, and climatic changes. This dissertation is therefore a contribution to new modes of resilience in human-landscape interactions after a collapse situation.

Knowledge Sharing within IT Projects

Even though today’s corporations recognize that they need to understand modern project management techniques (Schwalbe, 2002, p2), many researchers continue to provide evidence of poor IT project success. With Kotnour, (2000) finding that project performance is positively associated with project knowledge, a better understanding of how to effectively manage knowledge in IT projects should have considerable practical significance for increasing the chances of project success. Using a combined qualitative/quantitative method of data collection in multiple case studies spanning four continents, and comprising a variety of organizational types, the focus of this current research centered on the question of why individuals working within IT project teams might be motivated towards, or inhibited from, sharing their knowledge and experience in their activities, procedures, and processes. The research concluded with the development of a new theoretical model of knowledge sharing behavior, ‘The Alignment Model of Motivational Focus’. This model suggests that an individual’s propensity to share knowledge and experience is a function of perceived personal benefits and costs associated with the activity, balanced against the individual’s alignment to a group of ‘institutional’ factors. These factors are identified as alignments to the project team, to the organization, and dependent on the circumstances, to either the professional discipline or community of practice, to which the individual belongs.

The impact of unique characteristics of projects and project-based organisations on knowledge transfer

Knowledge has been recognised as an important organisational asset that increases in value when shared; the opposite to other organisational assets which decrease in value during their exploitation. Effective knowledge transfer in organisations helps to achieve and maintain competitive advantage and ultimately organisational success. So far, the research on knowledge transfer has focused on traditional (functional) organisations. Only recently has attention been directed towards knowledge transfer in projects. Existing research on project learning has recognised the need for knowledge transfer within and across projects in project-based organisations (PBOs). Most projects can provide valuable new knowledge from unexpected actions, approaches or problems experienced during the project phases. The aim of this paper is to demonstrate the impact of unique projects characteristics on knowledge transfer in PBO. This is accomplished through review of the literature and a series of interviews with senior project practitioners. The interviews complement the findings from the literature. Knowledge transfer in projects occurs by social communication and transfer of lessons learned where project management offices (PMOs) and project managers play significant roles in enhancing knowledge transfer and communication within the PBO and across projects. They act as connectors between projects and the PBO ‘hub’. Moreover, some project management processes naturally facilitate knowledge transfer across projects. On the other hand, PBOs face communication challenges due to unique and temporary characteristics of projects. The distance between projects and the lack or weakness of formal links across projects, create communication problems that impede knowledge transfer across projects. The main contribution of this paper is to demonstrate that both social communication and explicit informational channels play important role in inter-project knowledge transfer. Interviews also revealed the important role organisational culture play in knowledge transfer in PBOs.

Contemporary issues in Australian family law: Do we need a more unified and interventionist judicial model

Recent decisions of the Family Court of Australian reflect concerns over the adversarial nature of the legal process. The processes and procedures of the judicial system militate against a detailed examination of the issues and rights of the parties in dispute. The limitations of the family law framework are particularly demonstrated in disputes over the custody of children where the Court has tended to neglect the rights and interests of the primary carer. An alternative "unified family court" framework will be examined in which the Court pursues a more active and interventionist approach in the determination of family law disputes.

Streamlining local government : evaluating an eGovernment initiative in south east Queensland

Recent initiatives around the world have highlighted the potential for information and communications technology (ICT) to foster better service delivery for businesses. Likewise, ICT has also been applied to government services and is seen to result in improved service delivery, improved citizen participation in government, and enhanced cooperation across government departments and between government departments. The Council of Australian Governments (COAG) (2006) identified local government development assessment (DA) arrangements as a ‘hot spot’ needing specific attention, as the inconsistent policies and regulations between councils impeded regional economic activity. COAG (2006) specifically suggested that trials of various ICT mechanisms be initiated which may well be able to improve DA processes for local government. While the authors have explored various regulatory mechanisms to improve harmonisation elsewhere (Brown and Furneaux 2007), the possibility of ICT being able to enhance consistency across governments is a novel notion from a public policy perspective. Consequently, this paper will explore the utility of ICT initiatives to improve harmonisation of DA across local governments. This paper examines as a case study the recent attempt to streamline Development Assessment (DA) in local governments in South East Queensland. This initiative was funded by the Regulation Reduction Incentive Fund (RRIF), and championed by the South East Queensland (SEQ) Council of Mayors. The Regulation Reduction Incentive Fund (RRIF) program was created by the Australian government with the aim to provide incentives to local councils to reduce red tape for small and medium sized businesses. The funding for the program was facilitated through a competitive merit-based grants process targeted at Local Government Authorities. Grants were awarded to projects which targeted specific areas identified for reform (AusIndustry, 2007), in SEQ this focused around improving DA processes and creating transparency in environmental health policies, regulation and compliance. An important key factor to note with this case study is that it is unusual for an eGovernment initiative. Typically individual government departments undertake eGovernment projects in order to improve their internal performance. The RRIF case study examines the implementation of an eGovernment initiative across 21 autonomous local councils in South East Queensland. In order to move ahead, agreement needed to be reached between councils at the highest level. Having reviewed the concepts of eGovernment and eGovernance, the literature review is undertaken to identify the typical cost and benefits, barriers and enablers of ICT projects in government. The specific case of the RRIF project is then examined to determine if similar costs and benefits, barriers and enablers could be found in the RRIF project. The outcomes of the project, particularly in reducing red tape by increasing harmonisation between councils are explored.

Leveraging training outcomes on public construction projects

The paper explores the efficacy of public agencies using their contracting relationships with private firms to affect training outcomes in the construction industry. It develops a theoretical perspective on this issue by extending a framework that was originally developed by Hart, Schleifer and Vishny (1997) to study privatisation. This paper shows how their framework can also be applied to situations where the provision of public works is already privatised and the government is attempting to regulate training outcomes via a contracting arrangement. An empirical study of two training policies of the Western Australian government complements this theoretical discussion. We report the results of an analysis of data drawn from the government’s Tender Registration System between 1997 & 2006. As such we use a unique and comprehensive resource to examine the possible effects of new training policies on an important segment of the construction ‘market’.

Collaboration using BIM : results of cooperative research centre for construction innovation projects

This paper discusses the issues with sharing information between different disciplines in collaborative projects. The focus is on the information itself rather than the wider issues of collaboration. A range of projects carried out by the Cooperative Research Centre for Construction Innovation (CRC CI) in Australia is used to illustrate the issues.

An indexing model for stormwater quality in the Gold Coast

In the era of climate change sustainable urban development and in particular provision of sustainable urban infrastructure has become a key concept in dealing with environmental challenges. This paper discusses issues affecting stormwater quality and introduces a new indexing model that is to be used in evaluation of the stormwater quality in urban areas. The model has recently been developed and will be tested in a number of pilot projects in the Gold Coast, one of the fastest growing and environmentally challenged cities of Australia.

Barriers to effective knowledge transfer in project-based organisations

Effective knowledge transfer can prevent the reinvention of systems and ideas as well as the repetition of errors. Doing so will save substantial time, as well as contribute to better performance of projects and project-based organisations (PBOs). Despite the importance of knowledge, PBOs face serious barriers to the effective transfer of knowledge, while their characteristics, such as unique and innovative approaches taken during every project, mean they have much to gain from knowledge transfer. As each new project starts, there is the strong potential to reinvent the process, rather than utilise learning from previous projects. In fact, rework is one of the primary factors contributing to construction industry's poor performance and productivity. Current literature has identified several barriers to knowledge transfer in organisational settings in general, and not specifically PBOs. However, PBOs significantly differ from other types of organisations. PBOs operate mainly on temporary projects, where time is a crucial factor and people are more mobile than in other organisational settings. The aim of this research is to identify the key barriers that prevent effective knowledge transfer for PBOs, exclusively. Interviews with project managers and senior managers of PBOs complement the analysis of the literature and provide professional expertise. This research is crucial to gaining a better understanding of obstacles that hinder knowledge transfer in projects. The main contribution of this research is exclusive for PBO, list of key barriers that organisation and project managers need to consider to ensure effective knowledge transfer and better project management.

Developing a best practice framework for implementing public private partnerships (PPP) in Hong Kong

Public Private Partnership (PPP) is a well established methodology for procuring public works projects. By incorporating the private sector’s expertise, efficiency, innovation, business sense, risk sharing, financing etc. into public works projects, the quality of public services and facilities can be uplifted. Like many jurisdictions, Hong Kong is also keen to take aboard this methodology which is so familiar but yet so distant. Although they have been one of the first jurisdictions to utilise the private sector in public works projects, their comfortable financial reserves has meant that there has been no urge to push the movement until recently. PPP has become increasingly popular amongst governments. The Hong Kong Special Administrative Region (HKSAR) government is no exception. Some of the more active works departments have commissioned studies to investigate the best ways to deliver these projects, others have even trialed the method themselves. The efficiency Unit of the HKSAR government has also become an active arm in conducting research in this area. Although so, the information that is currently available is still very broad. Building from their works there is a need to develop a best practice framework for implementing PPP projects in Hong Kong by incorporating international experiences. To develop a best practice framework will require thorough investigation into the benefits, difficulties and critical success factor of PPP. PPP should also be compared with other procurement methods. In order to do so it is important to clearly understand the local situation by an analysis of projects conducted to date. Lessons learnt can further be derived from other countries and incorporated to those derived locally. Finally the best conditions in terms of project nature, complexity, types, and scales for adopting PPP should be derived. The aim and objectives of this study were achieved via a comprehensive literature review, in-depth case analyses, interview survey with experts from both Hong Kong and overseas, and finally a large scale data collection was conducted via a questionnaire survey with PPP practitioners. These findings were further triangulated before they were used as the basis to form the best practice framework presented in this thesis. The framework was then further validated by PPP experts to ensure it is comprehensive, objective, reliable and practical. This study has presented a methodology that can be adopted for future studies. It has also updated our knowledge on the development trends of PPP as well as opened up the experiences of other jurisdictions. The findings have shown that the local industry is familiar with “what” should be done in PPP projects but they are unsure of “how” these goals can be achieved. This framework has allowed this further knowledge to be delivered to PPP practitioners. As a result, the development of this framework can help to resolve the current economic crisis by encouraging more developments and business opportunities for the private sector. In addition, the correct projects can be delivered by PPP, the advantages of PPP can be maximised, and the general public can benefit from the private sector’s participation.

Stakeholder impact analysis of infrastructure project management in developing countries : a study of perception of project managers in state-owned engineering firms in Vietnam

Construction projects can involve a diverse range of stakeholders and the success of the project depends very much on fulfilling their needs and expectations. It is important, therefore, to identify and recognize project stakeholders and develop a rigorous stakeholder management process. However, limited research has investigated the impact of stakeholders on construction projects in developing countries. A stakeholder impact analysis (SIA), based on an approach developed by Olander (2007), was adopted to investigate the stakeholders' impact on state-owned civil engineering projects in Vietnam. This involved the analysis of a questionnaire survey of 57 project managers to determine the relative importance of different stakeholders. The results show the client to have the highest level of impact on the projects, followed by project managers and the senior management of state-owned engineering firms. The SIA also provides suggestions to project managers in developing and evaluating the stakeholder management process.

Practice briefing : Is BOT the best financing model to procure infrastructure projects? A case study of the Hong Kong-Shuhai-Macau Bridge

Abstract: Purpose – Several major infrastructure projects in the Hong Kong Special Administrative Region (HKSAR) have been delivered by the build-operate-transfer (BOT) model since the 1960s. Although the benefits of using BOT have been reported abundantly in the contemporary literature, some BOT projects were less successful than the others. This paper aims to find out why this is so and to explore whether BOT is the best financing model to procure major infrastructure projects. Design/methodology/approach – The benefits of BOT will first be reviewed. Some completed BOT projects in Hong Kong will be examined to ascertain how far the perceived benefits of BOT have been materialized in these projects. A highly profiled project, the Hong Kong-Zhuhai-Macau Bridge, which has long been promoted by the governments of the People's Republic of China, Macau Special Administrative Region and the HKSAR that BOT is the preferred financing model, but suddenly reverted back to the traditional financing model to be funded primarily by the three governments with public money instead, will be studied to explore the true value of the BOT financial model. Findings – Six main reasons for this radical change are derived from the analysis: shorter take-off time for the project; difference in legal systems causing difficulties in drafting BOT agreements; more government control on tolls; private sector uninterested due to unattractive economic package; avoid allegation of collusion between business and the governments; and a comfortable financial reserve possessed by the host governments. Originality/value – The findings from this paper are believed to provide a better understanding to the real benefits of BOT and the governments' main decision criteria in delivering major infrastructure projects.