Technical Assistance Agreements Research Articles

Balancing Contracts: The Crucial Role of Pre-contractual Disclosure in Technical Assistance Agreements

This study rigorously delineates the imperative of pre-contractual disclosure in technical assistance contracts, spotlighting the legal necessity for suppliers to provide indispensable technical information vital for efficient recipient resource utilization. Emphasizing informed consent and mutual satisfaction, this pre-contractual mandate, rooted in the principle of good faith, addresses negotiation power imbalances. It clarifies that meeting this obligation differs from mere due diligence, demanding a specific outcome prior to contract formation. It asserts that debtors must be apprised of negotiated data unbeknownst to the creditor, justifiably. The ramifications are dual: rectifying power differentials and ensuring parity in knowledge among contracting parties. The study aims to enrich legislative frameworks for party protection, utilizing qualitative methods for definition and analysis. Results shed light on the nuanced aspects of pre-contractual disclosure, impacting contractual rebalancing and knowledge equality. This research advocates global attention to legislative actions promoting transparency and fairness in technical assistance agreements.
 Highlights :
 
 Clarifies the Legal Imperative: The study meticulously defines the legal obligation for suppliers to disclose crucial technical information in technical assistance contracts, ensuring informed consent.
 Addresses Power Imbalances: Emphasizes the role of the principle of good faith in rectifying negotiation power imbalances, contributing to more equitable contractual relationships.
 Global Advocacy for Legislative Measures: Calls for international attention to legislative actions fostering transparency and fairness in technical assistance agreements.
 
 Keywords : Pre-contractual Disclosure, Technical Assistance Contracts, Informed Consent, Good Faith, Legislative Regulation

Analysis of official data on the implementation of international technical assistance projects and their effectiveness in Ukraine since 1991

Since 1991, Ukraine has become a direct recipient of international financial assistance (ITA) in the form of grants, soft loans, investments, international technical assistance, etc. According to the latest data of the Cabinet of Ministers of Ukraine, the volume of international assistance to Ukraine during the years of independence amounts to 44 billion dollars and more than 15.6 billion euros. However, no Ukrainian agency provides generalized data on which channels, in which periods and how much international assistance was transferred to Ukraine. And there are no concrete results of using such assistance in Ukraine. This article analyzes the results of the effectiveness of the use of international technical assistance in Ukraine. The purpose of the analysis: assessment of administration, involvement, accounting, transparency, efficiency of use, organizational support of the use process, implementation of state control and further consequences for Ukraine from the received international technical assistance for the period 1991 - 2020. Subject of analysis: agreements on the provision of international technical assistance; reports on the implementation of agreements by the participants in the implementation of the agreement on ITD in Ukraine (donor, beneficiary, recipient, executor) during 1991-2020; information from any sources on the implementation of ITD projects; data from the unified register of projects implemented in Ukraine using the resources of international financial organizations and international technical assistance; available results of monitoring (current and final) implementation of international technical assistance agreements on projects implemented on the territory of Ukraine. Objects of analysis: Ministries and other state institutions and agencies of Ukraine, which are beneficiaries, recipients or executors of the agreement on attracting international technical assistance in our country in the period 1991-2020. Criteria used during the analysis: achievement by public authorities of the results of the obtained ITD results of social, economic, technical nature, etc., in accordance with the planned objectives specified in the application for international technical assistance; availability of reporting for the phased or overall implementation of the agreement on international technical assistance by project participants: donor, beneficiary, recipient, executor; mechanisms for monitoring the implementation of international technical assistance agreements on projects implemented on the territory of Ukraine by public authorities; methods of state, public or other control over the implementation of international technical assistance projects in our country by law enforcement, regulatory, other government agencies and the public; identified abuses during the implementation of ITD projects in Ukraine; further social effect from the implementation of the international technical assistance project in Ukraine; Methods of data collection: analysis of existing in the register of implemented agreements on the provision of international technical assistance in Ukraine during 1991-2020; analysis of reports on the implementation of agreements by the participants in the implementation of the ITD agreement in Ukraine (donor, beneficiary, recipient, executor) during 1991-2020; analysis of indicators of publicly available financial, budgetary and statistical reporting of public authorities and local governments as participants in the implementation of the ITD agreement in Ukraine (beneficiary, recipient, executor) during 1991- 2020; analysis of data from the resources of international financial organizations donors of international technical assistance projects; analysis of the available results of monitoring (current and final) implementation of international technical assistance agreements on projects implemented on the territory of Ukraine; analysis of information from any available information sources on the implementation of ITD projects in Ukraine during 1991-2020.

Amerikanskii biznes i Sovetskii Soiuz v 1920–1930-e gody: Labirinty ekonomicheskogo sotrudnichestva by B. M. Shpotov (review)

Reviewed by: Amerikanskii biznes i Sovetskii Soiuz v 1920–1930-e gody: Labirinty ekonomicheskogo sotrudnichestva by B. M. Shpotov Lewis H. Siegelbaum B. M. Shpotov. Amerikanskii biznes i Sovetskii Soiuz v 1920–1930-e gody: Labirinty ekonomicheskogo sotrudnichestva. 320 pp. Moscow: LIBROKOM, 2013. ISBN 9785397037235. About two-thirds of the way through Boris Shpotov’s brilliantly conceived and executed account of American-Soviet business relations during the 1920s and ‘30s, he observes that “the commissioning of factories ahead of schedule, the triumphal reports of their full preparedness, and the congratulations extended by party and government leaders often led to embarrassment, and belated revelations instead of victorious fanfares” (207). Such, Shpotov suggests, was the modus operandi of Soviet industrialism—bombast and celebration giving way to consternation; initial fanfare replaced sooner or later by a harder critical edge. Such also characterizes the arc of writing about Soviet industrial development, at least by historians such as Shpotov who started their careers in Soviet times but have enjoyed far greater latitude since then. The book covers both the concessions of the 1920s and the technical assistance agreements that overtook them in the subsequent decade. In the case of concessions, the Soviet government granted foreign enterprises rights to develop certain industries for which capital and expertise was lacking in the USSR. In return for their investments, the enterprises could repatriate their profits at least in theory. Technical assistance agreements were essentially shorter-term contracts paid in foreign currency for services rendered by foreign companies or individuals including plant installations and training of Soviet technical personnel. Some of the biggest names in US business during this heyday of American industrialism—among them, Armand Hammer; the industrial architect, Albert Kahn; and Henry Ford himself (about whom Shpotov has written a biography, now in its second edition)—were party to one or the other of these arrangements. Most, as Shpotov amply demonstrates, were fraught with misunderstandings, conflict, and disappointments. Anyone who has ventured into this field will have encountered the work of Antony C. Sutton, a British-born economist who, while a research fellow at Stanford University’s Hoover Institution, wrote Western Technology and Soviet Economic Development, 1917–1965 (1968–73). The thrust of Sutton’s argument in this three-volume work (as well as condensed version published as National Suicide: Military Aid to the Soviet Union in 1973) was that the Soviet Union obtained the vast majority of its technology from the West. Oil extraction and refining, ball bearings, automobile production, military weapons systems—you name it, some implicitly traitorous Western corporation had provided it. Even as access to Soviet archives denied to Sutton fostered more nuanced accounts, [End Page 131] his work continued to exercise considerable influence. Shpotov, a former Fulbright scholar who has mined the National Archives in Washington, D.C., company papers in various US locations, and Soviet archives too, cites Sutton early and often. But he has another point or two to make. One is to explain to his Russian audience why the American version of industrial capitalism was so dynamic, at least before the Great Depression. Shpotov actually interrupts his narrative of American involvement in concessions and technical assistance agreements to devote a chapter to “The American Path of Industrial Development.” This follows the lead of the American economic historians Alfred D. Chandler and Richard S. Tedlow, both of whom emphasized the advantages US business derived from economies of scale, the former with respect to “the visible hand” of management, and the latter mass marketing. Amerikanskii biznes i Sovetskii Soiuz cites several Soviet engineers who sang the praises of the American “know how” (in Russian, nou-khou) they had experienced on visits to the United States. Among them was Aleksandr Pavlovich Serebrovskii (1884–1938), director of the oil trust Azneft throughout the 1920s. Dubbed “the Russian Rockefeller” by the American press, Serebrovskii published a highly appreciative account of the US oil and gas industry based on a business trip in 1924. Another Soviet petroleum engineer, A. F. Pritula, visited the US in 1927 and again in 1933, eulogizing—in print, in Soviet publications—the efficiency of the network of pipelines and other transportation systems he observed. Shpotov cites yet a third specialist...

The Philippine Supreme Court’s Ruling on the Mining Act: A Political Science Perspective

The study tests the plausibility of an attitudinal account of the Philippine Supreme Court’s December 2004 ruling reversing its original decision invalidating the financial and technical assistance agreement (FTAA) provisions of the Philippine Mining Act of 1995 or Republic Act No. 7942. As a political science-informed depiction of Supreme Court decision-making, the attitudinal account argues that justices decide cases on the basis of their ideological attitudes (i.e., personal policy preferences), and ruling reversals result from (1) composition or membership change; (2) policy position change – i.e., a change in the personal policy preferences of the justices; or (3) issue change – i.e., a change in the way the justices appreciate the issues raised by the “facts” of the case. The author tested the plausibility and/or significance of each of the three aforementioned attitude-centered accounts as explanations for the Mining Act ruling reversal. To test for composition change, the researcher analyzed the voting summaries for the January and December 2004 Mining Act rulings with focus placed on the votes of justices who either left or joined the Court in the period between the two Mining Act rulings. To test for issue change, the author conducted a qualitative content analysis of the “case facts” and “issues” that the justices were responding to in their January and December rulings and opinions on the Mining Act case. To test for policy position change, a cumulative scale of judicial votes in economic cases involving the validity of executive actions was constructed and analyzed. Cumulative scaling revealed the existence of attitudinal differences among members of the Supreme Court in 2004. It also suggested that, for the most part, the personal policy preferences of the justices remained stable. Among the three attitude-centered explanations, issue change was shown to be most significant as an explanation for the Mining Act ruling reversal. The general finding of the study is that the attitudinal perspective offers a plausible account of the reversal.

The Philippine Supreme Court's Ruling on the Mining Act: A Political Science Perspective

The study tests the plausibility of an attitudinal account of the Philippine Supreme Court's December 2004 ruling reversing its original decision invalidating the financial and technical assistance agreement (FTAA) provisions of the Philippine Mining Act of 1995 or Republic Act No. 7942. As a political science-informed depiction of Supreme Court decision-making, the attitudinal account argues that justices decide cases on the basis of their ideological attitudes (i.e., personal policy preferences), and ruling reversals result from (1) composition or membership change; (2) policy position change — i.e., a change in the personal policy preferences of the justices; or (3) issue change — i.e., a change in the way the justices appreciate the issues raised by the “facts” of the case. The author tested the plausibility and/or significance of each of the three aforementioned attitude-centered accounts as explanations for the Mining Act ruling reversal. To test for composition change, the researcher analyzed the voting summaries for the January and December 2004 Mining Act rulings with focus placed on the votes of justices who either left or joined the Court in the period between the two Mining Act rulings. To test for issue change, the author conducted a qualitative content analysis of the “case facts” and “issues” that the justices were responding to in their January and December rulings and opinions on the Mining Act case. To test for policy position change, a cumulative scale of judicial votes in economic cases involving the validity of executive actions was constructed and analyzed. Cumulative scaling revealed the existence of attitudinal differences among members of the Supreme Court in 2004. It also suggested that, for the most part, the personal policy preferences of the justices remained stable. Among the three attitude-centered explanations, issue change was shown to be most significant as an explanation for the Mining Act ruling reversal. The general finding of the study is that the attitudinal perspective offers a plausible account of the reversal.

Technology Acquisition Strategies in the Pharmaceutical Industry in Mexico

Firms in developing countries are characterized by weak technological capacities, insufficient human capital, and limited R&D. Consequently, these countries also produce fewer patents. Considering these disadvantages, companies in developing countries cannot rely on their in-house R&D efforts; they must import nonincorporated or soft technologies (license and technical-assistance agreements, and tacit knowledge transfer). In the pursuit of technological improvement, firms attempt to adopt an optimal technology acquisition strategy. This essay examines the use of in-house R&D and technology transfer in the Mexican pharmaceutical industry between 1994 and 2000 by using two econometric models. Unlike the pharmaceutical industries of other developing countries such as India and China, this study indicates that there is a low probability of complementarity between R&D and technology transfer in the Mexican pharmaceutical industry. This is a strategy that has been adopted only by some larger firms and multinationals.

Technological Competence And Firm Economic Performance In Zimbabwe's Manufacturing Industry

Using data obtained from firm interviews, the paper attempts to relate, statistically, economic performance with technology. The firms interviewed belong to four industries: food and beverages (ISIC 31), textiles and clothing (ISIC 32), wood and furniture (ISIC 33), and metalworking (ISIC 34). An aggregate, synthetic, technology variable was built using data on three components: transfer of technology channels, manpower technical skills, and technological efforts. The transfer channels component comprised three sub-components: number of licensing contracts, number of technical assistance agreements, and number of expatriate technical personnel. The skills component also included three sub-components: number of engineers, number of scientists, and number of middle level technical personnel employed. The technical efforts component was formed by the addition of two normalized sub-components: R&D expenditures and number of uses made of technical support services. All these variables were measured at the individual firm level. The paper explores first the relationship between technology (as defined above) and two potential explanatory variables: size of firm and foreign ownership. In a second statistical exercise, the technology variable is incorporated, with traditional factors of production, in a production function. In the last statistical exercise, firm performance indicators were related to technology. Based on the availability of reliable data, the two performance indicators selected were: output per worker and whether the firm exported part of its output or not. The possible incidence of sectoral (industry) effects was also taken into account. It could be concluded that the sample data used shows a statistically significant, though not very strong, effect of the technology variable on both, output and output per worker, and a somewhat stronger association with whether Zimbabwe's manufacturing firms export or not.

Proposed Law To Regulate Technology Transfers in Egypt

Last year, in a relatively limited-circulation periodical,l the United Nations published an English translation of a proposed Egyptian law to regulate transfers. This draft legislation (the Code) had been initiated at least as early as 1981, and is the end product of an ad hoc committee consisting of representatives from the Investment Authority, the General Organization for Industrialization, the Academy of Scientific Research and Technology, and the Council of State. Among the most significant aspects of the Draft Code are provisions which give the Egyptian government centralized regulatory control on a wide range of agreements whereby technology is transferred to Egyptian parties. Many foreign companies are (or plan to be) involved in the Egyptian market through licensing arrangements and/or technical assistance agreements, under which such foreign companies provide expertise and know-how to Egyptian parties. If the Oraft Code were enacted) many (if not most) of such agreements would be subject to additional government regulation. The Draft Code borrows heavily from the theories and terminology of the UNCTAD draft code on transfer,2 and we understand that transfer laws in other countries, such as India, Mexico and the Philippines, were examined during the preparation of the Draft Code. It is unclear whether any of the impetus for the Draft Code was created by the economic rationalization movement in Egypt and the baclrlash from the perceived abuses of Egypt's open door policy. It appears clear, however, that the ad hoc committee concluded that greater scrutiny should be given to transfers. Apparently the committee also concluded that Egypt had previously received inadequate or inappropriate technology, at least in some instances. In that regard, the Draft Code could be supported by many of the critics of the current Egyptian regulations on transfer, which generally allow parties significant latitude to negotiate the terms and conditions of their contracts. The Draft Code also could reflect some of the tensions and resulting debate (both within the Egyptian government and the private sector) on the question of the future role of government in the Egyptian economy.

Inventory of emission for the city of Chicago.

A review of the methodology used in the development and implementation of a comprehensive emission inventory survey with emphasis on manufacturing plants. This inventory, a major goal in the Dynamic Air Resource Management Program for the City of Chicago, is a principal objective of a Five-Year Technical Assistance Agreement with the United States Public Health Service, Division of Air Pollution and Chicago’s Department of Air Pollution Control. Information obtained through a 75 percent response from a questionnaire mailed to 7312 manufacturing firms provided the basis for this inventory. Data on the delinquent firms was obtained from on-site evaluation by department engineers. This report will also cover computer processing and tabulation of survey data.

Sino-African Relations: A Survey

Research Article| July 01 1965 Sino-African Relations: A Survey George T. Yu George T. Yu Search for other works by this author on: This Site PubMed Google Scholar Far Eastern Survey (1936) 5 (7): 321–332. https://doi.org/10.2307/2642291 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Twitter LinkedIn Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation George T. Yu; Sino-African Relations: A Survey. Far Eastern Survey 25 March 1936; 5 (7): 321–332. doi: https://doi.org/10.2307/2642291 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu nav search search input Search input auto suggest search filter All ContentAsian Survey Search This content is only available via PDF. Article PDF first page preview Close Modal You do not currently have access to this content.

Engineering — An invisible export

By exporting large quantities of electric equipment, the electrical industry of the United States is making a definite contribution to world recovery. However, an even greater contribution can be made and indeed is being made, through the export of an intangible commodity, “American engineering know-how.” This type of international co-operation functions through license and technical assistance agreements between American and foreign firms.