Concept Of Public Policy Research Articles

Understanding public policy limits to the enforceability of forum selection clauses after Douez v Facebook

This article explores the nature of public policy limits to the enforcement of forum selection clauses, recently considered by the Supreme Court of Canada in Douez v Facebook. The public policy factors relied on by the plurality of the Court, inequality of bargaining power and the quasi-constitutional nature of the right at issue, possess neither the doctrinal clarity nor the transnational focus necessary to guide the deployment of public policy in this context. Here, I argue for a public policy exception to the enforcement of forum selection clauses based on the doctrine of mandatory overriding rules. This approach would focus on whether a forum selection clause has the effect of avoiding the application of local norms intended to enjoy mandatory application in the transnational context. This conception of public policy would be a more coherent guide to the exercise of courts’ discretion to enforce forum selection clauses in cases like Douez.

Políticas públicas voltadas ao idoso como instrumento de promoção da dignidade da pessoa humana

This article presents an approach to the consolidation of human dignity as the highest value recognized in international and national legal systems, highlighting the instruments used by the Brazilian Government to promote the dignity of the elderly human person, given their vulnerability, to you provide minimum conditions for a dignified life. The aim is to also bring reflections on the concept of dignity and public policy, seeing the results achieved by Brazil in the public policies for the elderly, compared to the experienced context in other countries. The research is theoretical, and the method used is the inductive, since it observes certain concepts on the theme addressed and ultimately draw up general conclusions on the subject.

Ativismo judicial e movimento migratório indígena: a tutela judicial na implementação de centros indígenas de ocupação itinerante a partir da teoria dos direitos fundamentais de Robert Alexy

This article presents an approach to the consolidation of human dignity as the highest value recognized in international and national legal systems, highlighting the instruments used by the Brazilian Government to promote the dignity of the elderly human person, given their vulnerability, to you provide minimum conditions for a dignified life. The aim is to also bring reflections on the concept of dignity and public policy, seeing the results achieved by Brazil in the public policies for the elderly, compared to the experienced context in other countries. The research is theoretical, and the method used is the inductive, since it observes certain concepts on the theme addressed and ultimately draw up general conclusions on the subject.

From Public Policy to Equity and the Constitution. Are Mexican Women Still Invisible?

In Mexico, the political and social rights of women have been acquired slowly and in a limited way; this is a sign of their invisibility. Some rights such as voting and running for election, education and work are all signs of progress. However, in practice, the visibility of Mexican women has been limited to their reproductive, family and domestic functions. This is reflected from the legal aspect—where constitutionally it has taken time to be recognized as citizens—to daily life, as their possibility of choice in educational opportunities, work and personal decisions such as motherhood. Through documentary review, a historical study of Mexican public policies and associated sociopolitical events is made, where it is observed that in each of the six years of the Government, women have taken steps to achieve this visibility, yet, conditions of inequality still continue from the conception of public policy to its implementation as government programs. They continue to highlight policies that target women in a role of mother and caregiver, and socially restrict their power in areas of public and private leadership that limit them in terms of work. Currently the feminine effort is directed to the change of social thought on the roles assigned in public policies through the acquisition of equity and justice.

Global Public Policies: New Tools for Governance

The globalization process creates new framework of multilevel policy-making, implies new actors, such as public and private actors and redefines the concept of public policy within an international and international policy regimes. Therefore, a difference in the policy process under globalization would appear to be that “policy transfer” and the global policy networks are on the increase. In this sense, on the one hand the paper describes and analysis the concept and process of policy-making develop under globalization driving forces in order to reveal the policy-making changes imposed by internal and external context, and on the other hand assets the importance of global public policy networks for solving global problems through global policies. From a methodological standpoint, and taking into consideration the theoretical framework, the study adopts a review conceptual approach to advance its arguments.

Crafting Resistance through Narratives in Afghanistan

Narrative offers an evocative opportunity to understand the power of knowledge manipulation within the public policy system. Despite the influence of narratives in designing, formulating, and implementing of public policies, it is a relatively nascent concept in public policy studies.The war in Afghanistan truly represents a battle of narratives. This paper takes a Narrative Policy Framework (NPF) approach to explore the narratives used by resistance forces in Afghanistan within the belief system of a religion. It acknowledges that narratives matter and that by studying the same, one can construe their influence on policies. The paper finds that resistance groups such as the Taliban, mobilize support and operate in battlefields across Afghanistan; simultaneously bolstering their legitimacy and community influence garnering support from within and outside Afghanistan.

Healthy or Sick? Coevolution of Health Care and Public Health in a Comparative PerspectiveTrein, PhilippCambridge, Cambridge University Press (2018), 332 p., ISBN 978‐1108426497

Healthy or Sick? Coevolution of Health Care and Public Health in a Comparative PerspectiveTrein, PhilippCambridge, Cambridge University Press (2018), 332 p., ISBN 978‐1108426497

Did the learning agenda of the world bank-administrated health results innovation trust fund shape politicised evidence on performance-based financing? A documentary analysis

The World Bank, co-funded by Norway and the United Kingdom, created and managed an innovative financing mechanism, the Health Results Innovation Trust Fund (HRITF), to support performance-based financing (PBF) reforms in low- and middle-income countries. From its inception in late 2007, until the closing of fundraising in 2017, it has carried out a wide range of activities related to experimenting PBF. In conjunction with the World Bank, which positioned itself as a “learning organisation”, donors have pushed the HRITF towards developing a specific learning agenda for documenting the policy impact of PBF. This learning agenda has been primarily based on impact evaluations of PBF pilot programmes. As a new body took over the HRITF’s portfolio (Global Financial Facility),a documentary analysis of this learning agenda is timely. Building from public policy concepts that have been applied to social and health policy, and knowledge translation literature, we examine the learning agenda implemented by the HRITF over these 10 years. Our data includes documentation and publications (N=35) on HRITF and from the HRITF online platform. Results indicate that on several fronts, the HRITF shaped some form of politicised knowledge, notably in the ways country pilot grants were designed and evaluated. Some of its learning activities also provided opportunities for a transformative use of knowledge for World Bank staff as well as national implementers and policymakers. We also provide reflections about the HRITF’s preferred approaches to produce knowledgeand learn.

An introduction to achieving policy impact for early career researchers

Scientists are increasingly required to demonstrate the real world tangible impacts arising from their research. Despite significant advances in scholarship dedicated to understanding and improving the relationships between science, policy and practice, much of the existing literature remains high level, theoretical, and not immediately accessible to early career researchers (ECRs) who work outside of the policy sciences. In this paper, we draw on the literature and our own experiences working in the environmental sciences to provide an accessible resource for ECRs seeking to achieve policy impact in their chosen field. First, we describe key concepts in public policy to provide sufficient background for the non-expert. Next, we articulate a number of practical steps and tools that can help ECRs to identify and enhance the policy relevance of their research, better understand the policy world in practice and identify a range of pathways to achieving impact. Finally, we draw on our personal experiences to highlight some of the key individual characteristics and values that are needed to operate more effectively at the interface of science, policy and practice. Our hope is that the information and tools provided here can help to empower ECRs to create their own pathways to impact that best suit their individual goals, circumstances, interests and strengths.

Public Policy Perspective on Group Decision‐Making Dynamics in Foreign Policy

Research on decision making in foreign policy and national security has had little interaction with the field of public policy. This review connects the two fields. We utilize a key public policy concept, the policy cycle, to provide a framework for our review of group decision‐making dynamics in national security and foreign policy. We describe key stages of the policy cycle followed by a review of the leading models of group decision‐making dynamics. We then construct a bridge between the two, demonstrating how specific stages of the policy cycle are typically associated with specific group decision‐making dynamics. To illustrate this link we provide an example of decision‐making dynamics within the Obama administration throughout policy stages of the 2016 campaign against the Islamic State in Raqqa, Syria.

The similarity of European pension systems in terms of OMC objectives: A cross‐country study

AbstractFor several decades, pension systems across the world have been undergoing reforms. The main reasons for this are demographic changes and increasing life expectancy. To make these reforms more effective and ensure that they are based on the best benchmarks, the European Union (EU) has introduced the Open Method of Coordination (OMC) in the field of pensions. This study investigates whether European pension systems have become more similar and convergent in terms of the three main objectives of the OMC: adequacy, sustainability, and modernization of pensions. Our methodology is based on multivariate statistical analysis, and employs synthetic indicators as well as agglomerative hierarchical clustering. We analyze 27 countries in the years 2005, 2010, and 2015. The article contributes to the existing literature on pension reforms through investigation of the convergence of EU pension systems in terms of the three OMC objectives, in order to evaluate the effectiveness of this public policy concept. Our approach differs from that generally found in the literature, especially in terms of the methodology employed. The results support the view that the OMC is not an effective means of making European pension systems more convergent and better in terms of adequacy, efficiency, and modernization. Any improvement in OMC performance in the field of pensions, even if observed, is not as significant as expected.

Economic Discussion of Conflict between Public Education Policies and Common Good Arts in the United States

ABSTRACTArts education in the United States, especially in public schools, has been neglected and its public funding has decreased. This is partly due to the difference in the conception of public education policies and the arts. The theory of economic goods and an analysis of two current education policies demonstrate that public education is treated as a public good that is needed by all people, and therefore funded with tax dollars. Because the arts are common goods that different people value in their own terms, education in the arts is treated as nonessential and funded sporadically in public school settings. Based on the theory of the commons, the author suggests that nonprofit arts organizations are equipped to deal with the common good and diverse nature of the arts and can provide sustainable arts education that fills the gap of arts education in public schools.

A Quiet Evolution: The Emergence of Indigenous-Local Intergovernmental Partnerships in Canada by Christopher Alcantara, Jen Nelles

Reviewed by: A Quiet Evolution: The Emergence of Indigenous-Local Intergovernmental Partnerships in Canada by Christopher Alcantara, Jen Nelles David Andrew Reece A Quiet Evolution: The Emergence of Indigenous-Local Intergovernmental Partnerships in Canada. By Christopher Alcantara and Jen Nelles. Toronto: University of Toronto Press, 2016. ix + 152 pp. Figures, tables, references, index. $24.71 cloth. For the past several decades, there has been a rapid expansion of interest in Indigenous peoples that has coincided with renewed studies of local knowledge and governance, especially in disciplines that involve natural resources. The shift in management approaches to ecosystem thinking, the explosion of “commons” research, and the wave of decolonizing movements spurred by postcolonial critique have all combined to thrust both these research areas into the spotlight. This book, A Quiet Evolution: The Emergence of Indigenous-Local Intergovernmental Partnerships in Canada, by Alcantara and Nelles, is unique and significant in its combination of these two realms: Indigenous studies and local governance. It examines an extensive dataset of agreements between municipal and Indigenous governments in order to understand the nature of the agreements and the factors that may have influenced their shaping. The book is specific and thorough, yet its content could be diversely applied across a range of disciplines. A Quiet Evolution is laid out in a fairly standard academic manner. I found this to be one of the many strengths of the book, as the authors go to great lengths to make it clear and concise. The introduction explains the intent of the study, the background of relevant literature, and the progression of the content. The first two chapters then elaborate on the data, classifying the 332 formal agreements using a typology scheme, and introduce the theoretical framework that will be used to analyze the factors that may have shaped the type of relationship between the community governments. This framework is divided into six factors on an axis of capacity (a community’s ability to act) and willingness (a community’s desire to act). To apply the framework, the authors construct a four-type relationship matrix to explain how the governments interact with one another. Chapters 3–6 focus in on four case studies, each one illustrating a different portion of the relationship matrix. These cases are carefully elaborated on and supported by a wealth of qualitative information from primary sources. Finally, the authors conclude with an evaluation of how the six factors affected the cases either positively or negatively, which was probably the only aspect of the study that I felt was somewhat vague and forced. Some findings were more surprising than others, but all of them were grounded in solid evidence. Overall, the book was pleasantly readable and engaging. This book makes use of mainly practical social theory concepts such as collective action, institutional capacity, community capital, and others to explain how various Indigenous-local agreements and relationships emerge and continue. These sorts of social frameworks frequently come with a variety of assumptions and oversimplifications, but they can still be helpful in pointing out the numerous factors that need to be considered when explaining collective interactions. Though the book is squarely situated within community-related literature and public policy concepts, it could also be useful in a wide variety of social disciplines. The authors are extremely careful not to make normative judgments, but rather “leave it to others to . . . situate it within the normative debates” (140). However, they do venture briefly into decolonization and some of the issues faced by Indigenous peoples. Overall, A Quiet Evolution is a rigorous and thorough contribution to the literature and a promising model for research in these rapidly evolving fields. David Andrew Reece Geography Department University of Missouri–Columbia Copyright © 2018 Center for Great Plains Studies, University of Nebraska–Lincoln

Public Policy Under Article V (2) (B) of the New York Convention: Is There a Transnational Standard?

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards is one of the key instruments in international arbitration. It applies to the recognition and enforcement of foreign arbitral awards in the territory of a State other than the one in which recognition and enforcement is sought. The Convention unified methods of deciding whether to recognize and enforce a foreign arbitral award. Article V (1) of the Convention contains the grounds on which a party can resist recognition and enforcement and Article V (2) contains grounds on which the competent authority in a State can sua sponte refuse recognition and enforcement. This paper focuses on Article (V) (2) (b) of the Convention, under which recognition and enforcement of an arbitral award may be refused if the competent authority in the country where recognition and enforcement is sought finds that “the recognition or enforcement of the award would be contrary to the public policy of that country”. Article V is addressed to the States in which recognition and enforcement is sought and the language in Article V (2) (b) indicates an intention to provide ultimate control to that State to decide whether it will admit a foreign arbitral award into its legal order and use its executive powers to give effect to the award. However, over the years, there has been a debate about the notion of public policy in Article V (2) (b). It has been suggested that States must defer to a ‘transnational’ or ‘supranational’ notion of public policy under Article V (2) (b). In this paper, I examine whether State parties to the Convention have an obligation to defer to a transnational standard of public policy. I also address the question of whether States should defer to a transnational standard in the absence of an obligation to do so under the Convention and in answering this question, I contest the existence and possibility of a wholly transnational conception of public policy.

Situating Public Policy in the Indian Arbitration Paradigm: Pursuing the Elusive Balance

Arbitration in India is governed through a consolidated legislation namely, The Arbitration and Conciliation Act 1996 (as amended in 2015). One of the overarching aims of the Act is to minimise judicial intervention in the arbitral process. The Act therefore clearly outlines permissible instances when such intervention could be made. One instance would be the possibility of having an arbitral award set aside on clearly enumerated grounds including that of public policy. Though seemingly straightforward, attempts to forge an understanding of the term have resulted in much bewilderment, the consequence of which has been contradictory decisions and confused understanding. This article attempts a critical look at how ‘public policy’ as a ground for setting aside an arbitral award has been understood within the Indian arbitration paradigm. Part I of the paper traces in brief the history and development of law relating to arbitration in India to provide a context for assessing current legal developments concerning public policy. Part II elaborates on the concept of public policy as generally understood in the arbitration paradigm, while Part III attempts to extract a possible understanding from often contradictory case laws emanating from the Supreme Court of India. Part IV evaluates the effect of the recent amendments on the prevalent understanding of public policy, and Part V concludes by arguing that a continuing failure to clearly demarcate boundaries of the concept of public policy would have serious repercussions in the long run on any efforts to make India a hub of global arbitration.

E-Government Politics as a Networking Phenomenon

Asking such a simple question as what e-government politics really is to policymakers, practitioners and other stakeholders in the sphere and all the more so in a cross-country and cross-institutional manner could be an extremely prolific undertaking since it allows to generate a myriad of unique stories and perspectives about this phenomenon. E-government is a universally well-known concept in public policy, public administration, political and economic sciences and beyond and related academic and professional literature is really rich with demonstrative cases that represent these narratives well from various viewpoints and fields. In this regard, the key purpose of the article is not to update a state-of-the-art in the sphere but rather an attempt to synthesize and systematize all available institutional perspectives on the development of this truly multidimensional networking phenomenon equally from stakeholder, cross-institutional and cross-country perspectives.

VIEŠOSIOS TVARKOS SĄVOKA „BRIUSELIS I“ REGLAMENTE

Straipsnyje analizuojama viešosios tvarkos sąvoka „Briuselis I“ reglamente ir galimybė sėkmingai remtis viešosios tvarkos išlyga kaip laisvo sprendimų judėjimo Europos Sąjungoje išimtimi.

An Approach to Assess the Effectiveness of Smart Growth in Achieving Sustainable Development

Smart Growth has become an evident concept in public policy debates and provides answers to the enduring problems of sprawling development and its many adverse consequences. While the concept has widely been touted to promote an urban development pattern characterized by compact and mixed-use development, walkable and bikeable neighborhoods, preserved green spaces, and the availability of mass transit, not much has been written about its contribution to sustainable development. This paper is an attempt to explore the concepts of smart growth and sustainable development and the extent to which the former contributes to the achievement of the latter. The various debates surrounding the smart growth movement have also been explored. The 2003 general plan guideline by the US State of California is used as the basis for determining the sustainable development role of smart growth policies in Portland (Oregon), Arlington (Virginia), Boulder (Colorado) and Lancaster County (Pennsylvania). The paper concludes that it would be inappropriate to equate smart growth to sustainable development as the latter is a much broader concept and cuts across myriad disciplines. Notwithstanding, the implementation of smart growth policies in the cases studied have been observed to promote compact, infill and transit-oriented development and to conserve and protect open spaces and natural areas. All these are pro-sustainable development. While this paper has observed that smart growth serves as one of the approaches for achieving sustainable development goals, it calls for a more quantitative study to be able to measure the magnitude of the contribution associated with the smart growth policies.

Organizations, Policies, and the Roots of Public Value Failure: The Case of For‐Profit Higher Education

AbstractWhile public value theory has emerged to offer important insights into the evaluation of social enterprises, little is known about the origins of public value failure and even less about the role that organizations and public policy play in creating public value failure. Accordingly, this analysis explores the origins of public value failure using examples from for‐profit higher education. A selection of organization and public policy concepts are integrated into a public value mapping framework to develop a theoretical basis for public value “failure drivers.” In addition to advancing public value theory, an understanding of the origins of public value failure and the role of failure drivers has important implications for the design of public value–maximizing strategies and institutions.

¿Hacia dónde van las políticas públicas de educación superior en venezuela?

In the framework of the key role of higher education for the development of society, we understand the public policy in this field as the decision-making assembly and non-decisions with respect to the tertiary sector of the country's education, by the government or institutions. Also, we assume that the process of establishing a public policy - in any field - assume both its design and implementation and evaluation of its results. Starting from these premises, this chapter explains the historical context and background of higher education policies in Venezuela in the last twelve years (1999-2011), to highlight the particular feature that it takes this country during that period. Only with the panorama that offers this context and its history, as the setting for the design and implementation of higher education policies, it is possible to understand or approach to the description of the factors that determine them and their characteristics. In this work - as far as possible, given the lack of reliable information - we approach the evaluation of the results of the policies implemented and their possible future implications. In Venezuela, the facts indicate that the trend of the core concept of public policy is oriented towards more control and state intervention and focus on the establishment of conditions that tend to strike the college market; whereas in most of the region and even the world, the trend observed is marked by the discourse of commodification and its impact on the state's role in their treatment of higher education.