There has been a rapid growth of private participation in infrastructure projects throughout the world in the last three decades. China as the largest developing country in the world has a huge amount of demands for high quality infrastructure projects and public services. The government has actively developed and used the Build-Operation-Transfer (BOT) model to deliver public facilities and services, particularly after 2002. Certain benefits have been brought by the adoption of the BOT model in China's motorway and water sectors. However, issues were also found in the processes behind BOT applications. International organisations as well as scholars suggested that China should learn experiences and lessons from the UK and its PFI scheme. The UK has been the leading country to use private finance in developing public buildings and services. However, very little has been written addressing how lessons from British PFIs can be learnt by China to improve its BOT practice. This study is an attempt to address this vacuum in the existed literature. It was designed to explore the current problems of using BOTs in Chinese motorway and water sectors and looks at what needs to be improved, based upon the PFI lessons in the UK. A mixture of qualitative and quantitative methods has been employed and various methods of data collection used in this study. These included: 21 interviews, 2 observations and one focus group and the analysis on 14 government reports about BOTs in China. The governments' decision-makers, directors, project managers and contractors were involved in the research to explore the results and emerging issues involving the implementation of BOT models in 87 Chinese motorway and water projects in 10 cities covering six provinces. As a result of its findings, the research is able to discuss and identify the relevant experiences and lessons from PFIs in the UK to improve further application of China's BOTs. This study fills the gap in knowledge regarding comparisons between PFIs and BOTs. It also gives recommendations for good practice in relation to Chinese BOT policy decision making, development and evaluation. Finally, the study hopes to give recommendations that enable the implementation of BOT model in Chinese motorway and water sectors to be more successful in the future.

As the global economy and market demands evolve to be more transparent, time-sensitive and competitive, privatisation in organisations has become a phenomenon renowned for the advantages it delivers of increased productivity and profitability. Port privatisation is no exception. Aimed at achieving improved operational efficiencies and the reduction of port costs, port privatisation has evolved and yielded varying results. Depending on prevailing social, economic and political circumstances, these effects differ amongst countries. This dissertation analyses this phenomenon, focusing on whether a port and its related services are public or private goods; why governments choose to produce and provide port services; what various international port privatisation models can positive lessons be drawn from; and what the impacts of port privatisation are. South Africa has recently avoided the arguments around port privatisation, due to pressing socio-political issues, and the analysis of economic gains and losses associated with privatisation may offer insights into why such government decisions would have been made. / Economics / M. Com. (Economics)

Since the ending of the Cold War, the defence sector, particularly the areas of military logistics and defence acquisition, has been undergoing a comprehensive transformation. There are several factors that explain this transformation: changes in defence and security policies for nations and organisations; reductions in defence expenditure; participation in Peace Support Operations; Lessons Learned from these operations, especially in the area of logistics; revolutionary development in the area of Information and Communication Technology; emergence of novel Commercial Best Practises in the areas of business and business logistics; and changes in the legislation regarding the conduct of public procurement in Europe. In military logistics, the relatively easily described static supply and support chains of the Cold War Era, designed for military units that stood in preparedness, Just-in-Case, of full-scale military conflicts in Europe, are now being substituted for flexible, dynamic operational supply and support chains, designed for military units that are deployed on Peace Support Operations around the globe. Hence, new types of missions have to be provided for. As a consequence, new military concepts have to be considered; new technology is being implemented; and new Commercial Best Practises are being evaluated, adapted and adopted; in order to enhance performance and ensure Value-for-Money. In defence acquisition, the single Business Model of the Cold War Era, i.e. procurement of equipment, is being replaced by a spectrum of emerging Business Models, ranging from the traditional procurement of equipment, via acquisition of equipment and support, to acquisition of availability and capability, i.e. acquisition of performance. Consequently, new Commercial Best Practises are being evaluated, adapted and adopted; Commercial and Military-Off-The-Shelf products and services are being utilised; and Public Private Participation, Cooperation, and Partnerships are being investigated and initiated; in order to enhance performance and ensure Value-for-Money, while simultaneously mitigating operational risk in the supply and support chains. This licentiate thesis reports on a research project that was commissioned by FMV, the Swedish Defence Materiel Administration, and conducted in order to "study, analyse, and evaluate Business Models regarding how they can handle the new supply concept that a new logistical interface brings about, with a particular emphasis on the risk taking that is part of the business concept". This research purpose was used to formulate three Research Questions: • Research Question 1: How can a generic Business Model for a non-profit, governmental, Defence Procurement Agency be described? • Research Question 2: Which strengths and weaknesses do different Business Models have in the context of defence acquisition? • Research Question 3: Which risks are associated with different Business Models in the context of defence acquisition? Using constructs from: Business Model theory, Public Private Participation theory, defence acquisition theory and practise, and military logistics theory and practise; a generic Public Private Business Model for defence acquisition was developed. The generic model consists of numerous variables, which enables an array of possible configurations. The model was used in a multiple case study to describe and analyse four defence acquisition projects in the UK. The multiple case study demonstrated that the generic Public Private Business Model is useful in order to describe defence acquisition projects. The model has also demonstrated that it is useful in order to analyse acquisition projects, including performance and risk. The Public Private Business Model has demonstrated its usefulness by discovering internal and external misalignments. The internal misalignments are Business Model configurations where the different building blocks are working against each other. The research has revealed examples where the mitigation of operational risk in the supply and support chains creates new risks in other building blocks. An external misalignment occurs when a Business Model configuration works against the deal for which it was designed, or the strategy that it is intended to realise. The research has revealed examples where there is a risk that the Business Model configuration is detrimental to the overarching strategy, e.g. transferring risk to the private sector or incentivising industry to enhance performance. Hence, the Public Private Business Model ought to be useful to identify and eradicate negative patterns and to identify and reinforce positive patterns. The research has revealed three potential generic problems for Performance Based Contracts: a "definition problem" (i.e. what to measure); a "measurement problem" (i.e. when, where and how to measure); and a "comparison problem" (i.e. with what to compare). The research results demonstrate that it must be made explicit which dimensions of performance; e.g. speed, quality, cost, flexibility and dependability; that should be measured, and why others should be omitted. The research suggests that performance must be explicitly specified for any Performance Based Contract in order to avoid any unnecessary problems with interpretations. Furthermore, the research indicates that performance metrics must be explicitly described. In addition, the results emphasise the importance of having an established baseline, against which to compare the measurements of Key Performance Indicators.

司法院釋字第520號解釋於理由書指出：「基於法治國原則，縱令實質正當亦不可取代程序合法」，即一語道出程序正義之重要性。 民間參與公共建設具專業性、複雜性及高風險性、隔代性、利益衝突等特性，在政府與民間合作理念的推動下，法律規定模式已呈現由「條件式」的模式轉向「目的式」模式，致使政府合作對象的甄審（選）成為一種高度專業趨向之判斷，並且可能陷於「決策於未知之中」的困境。民間參與公共建設的推動上，除技術層面之實體審查標準外，實應認真思考面對決策的程序問題，藉由程序之提升，用以補足實體規範的不足。據此，有關引進民間參與公共建設之法規，甄審程序選出的最佳締約對象、最優申請案件或最優申請人「是否即屬適當」，應思考甄審（或評選）程序與組織設計，是否妥適。 本文擬由正當法律程序於美國及日本之發展出發，藉以了解其規範基礎與發展情形，並分析我國司法實務有關正當法律程序原則之解釋，理解我國對於正當法律程序之內涵與要求。其後聚焦行政實務上經常引用作為民間參與公共建設案件辦理依據之獎參條例、採購法及促參法，就其甄審、評選或評審程序與爭議處理程序檢視正當法律程序實踐情形。 本於基本權保障意旨及法律承認權利之保障，基本上本文認同至少應有一最低限度之保障（即聽證權）。至於其他要求為何？本於民間參與公共建設之興建或營運，涉及政府有限資源之分配及申請人(營業自由、契約自由)與使用者（生命、身體、財產）之基本權保障相關，應可由司法院釋字第384號解釋及釋字第709號解釋推導出「組織」要求，而其他如公正作為(迴避、禁止程序外接觸)、受告知權、說明理由及資訊公開，亦正是落實組織適法與聽證權，所不可或缺之要素。