The use of framework agreements in public procurement Framework agreements in public procurement are a special type of public contracts facilitating the process of the award of supplies, services or works. The main purpose of this master thesis is to undertake a comprehensive analysis of the provisions of framework agreements in the field of public procurement. The master thesis is based on the current provision of the Act No. 137/2006 Coll., on Public Procurements and is divided into five chapters. Chapter one deals with the adaptation of framework agreements in the legislation both in the Czech Republic and in the European Union and as well with the development of this legislation. Chapter two focuses on the basic principles and concepts of the Act No. 137/2006 Coll., on Public Procurements which are relevant for the topic of this master thesis. The first part of this chapter defines the basic principles contained in the Act and the in the legislation of the European Union. The second part of this chapter then presents basic information about the most important institutes of the Act. The third chapter deals with the first phase of the awarding of public contracts with the use of the framework agreement, thus concluding the framework agreement and also in the conduct of the procurement procedure....

There are new challenges, facing the 21st century and one of them is the discussion around climate change and global warming. This phenomenon brings with it a deeper problem, which is the fact that millions of people have their lives strongly damaged as a consequence of the climate changes. There is no international instrument that protects these climate victims, which in this thesis are referred to as environmental refuges. This thesis focused on trying to evaluate solutions to the problem of environmental refugees. To achieve this we first had a look at the different types of forced migration since it would define which type of solution would suit this type of refugees the best. We had a look at the "Oustees" which are the people who are forced to move due to development projects in the different countries. Then we had a look at Bangladesh as one of the case studies since it is one of the countries at higher risk of suffering the adverse consequences of climate change, which forces many people to move internally or to cross the border to India. We were able to conclude that cross border migration increases tensions between countries and between social groups of the receiving communities. Since these people need protection and since these types of tensions threaten peace and security in some...

Title: Exploitation of Linked Data for sharing public agreements data Author: Bc. Pavel Hryzlík Department: Department of Software Engineering Supervisor: Doc. Mgr. Martin Nečaský, Ph.D., Department of Software Engineering Abstract: The objective of the thesis is to explore the possibilities of using Linked Data principles for publishing and sharing data on contracts of public institutions and their connections to related data in the public domain (eg. Business and trade register, register of contracts, etc.). Thesis presents the entire process of opening up contracts. Defines a data standard for open contracts and proposes an ontology for the publication of data on contracts and their interconnections. Furthermore, it designs and implements a platform for publishing contracts. The first part of the platform is a conversion module enabling the conversion of contracts stored in relational databases into RDF form. Employed are R2RML mapping techniques. The second part is a uniform repository that downloads data on contracts in Linked Data format. The third part is a web application that will make the data on contracts available to end users. Keywords: Contract, Open Data, Linked Data, RDF, JSON-LD, R2RML, SPARQL Powered by TCPDF (www.tcpdf.org)

Dans l’Union Européenne, la Commission prépare une réforme de la législation applicable en matière d’immigration et d’asile, face à une montée continue du nombre des immigrés et de demandeurs d’asile. Les difficultés économiques, sociales et politiques que rencontrent un grand nombre d’Etats des continents africain, asiatique et même européen, maintiendront une demande forte d’entrée d’étrangers. Cette situation confrontera l’U.E à la recherche d’un difficile équilibre entre les intérêts nationaux et un certain devoir d’assistance. Ainsi, y’a-t-il une protection suffisante pour les étrangers dans le droit de l’U.E ? Ensuite, y a t-il, un statut général applicable à tous les étrangers ? Il est à noter que les droits des étrangers sont à la fois limités et variables. Limités lorsqu’on confronte le statut des étrangers et celui des citoyens européens ; variables dans la mesure où les étrangers ne se voient pas tous reconnaître les mêmes droits. Ainsi, on estime que l’Union devrait élaborer une politique de migration plus proactive axée sur la gestion et non sur la prévention des mouvements migratoires. Cette politique devrait se fonder sur un cadre définissant clairement les droits des étrangers. Elle devrait garantir aux travailleurs migrants un cadre juridique en matière d’égalité de traitement avec les nationaux. Un cadre commun devrait être élaboré pour les conditions d’entrée et de résidence, à partir d’un consensus entre les pouvoirs publics et les partenaires sociaux concernant les besoins du marché du travail. / In the European Union, the Commission prepares a reform of the legislation on immigration and asylum, vis-a-vis a steady rise in the number of immigrants and asylum seekers. The economic, social and political difficulties, that a large number of States in Africa, Asia and even Europe encounter, will maintain a strong request for entry from abroad. This situation will confront the E.U in search of a difficult balance between the national interests and a duty of care. Thus, is there a sufficient protection for the foreigners in the European Union Law ? Then, is there a general status applicable to all the foreigners ? It should be noted that the rights of foreigners are at the same time limited and variable. Limited when one confronts the status of foreign and that of the European citizens; and variables to the extent that foreigners are not given all the same rights. Thus, it is estimated that the Union should develop a more proactive migration policy based on the management and not on the prevention of the migratory movements. This policy should be based on a clear framework of the aliens ‘rights. It should guarantee to migrant workers a legal framework as regards equal treatment with the nationals. A common framework should be developed in the conditions of entry and residence, starting from a consensus between the public authorities and the social partners concerning the needs of the labor market.

Submitted in partial fulfilment of the requirements for the degree M.Com. Development Theory and Policy in the faculty of Commerce, Law and Management at the University of the Witwayersrand, 2013 / This paper undertook qualitative research to determine the trade policy space for South Africa to implement its industrial policy action plan (Ipap). The South African economy was transformed from import substitution in the 1970s to export-orientation in the 1980s. The apartheid regime failed to develop coherent policies for industrialisation. In the 1990s, there was a deliberate government decision as articulated in the GEAR policy to liberalise the economy and with regard to trade this is associated with accession to the World Trade Organisation and commitments made thereof. In 2007, the country adopted the national industrial policy framework to guide its reindustrialisation efforts and subsequently various iterations of the Ipap. Therefore, given that a lot of policy space was lost when the country joined as the WTO as a developed country, the question is “does South Africa have enough policy space to use some of the instruments that were used by successful Asian countries to industrialise”. The WTO made some of these instruments illegal. To analyse policy space, the paper looked at the effect of WTO Agreements on Subsidies and Countervailing Measures (SCM), on Trade-Related Investment Measures (TRIMS), on Government Procurement (GPA), as well as the tariff commitments. The study found that although SCM has made certain subsidies illegal, other kinds of subsidies are allowed such as those for economic development in disadvantaged regions and for rural development. Therefore, strategy and packaging of these subsidies for development is important. TRIMS was found to have significantly reduced policy space by making a number of instruments on foreign direct investment illegal such as enforcing local content as well as export requirements. Since South Africa is not party to the GPA, it retains policy space to use government procurement to promote industrialisation in the country. In terms of tariffs commitment, the study found that there is no “water” between applied and bound rate for a number of critical sectors such as textile, clothing, footwear, and furniture. However, other important sectors such as automotive and automotive components and white goods still have “water” to increase tariff in future as necessary. Therefore, the study concluded that there is policy space to implement industrial policy in South Africa but this requires strategy and closer look at the WTO rules for flexibility.

Thesis advisor: Robert Murphy / Given the increasing proliferation of preferential trade agreements, this work seeks to investigate the economic, political, and cultural relationships that may be built from the common foundation of a trade agreement. It evaluates the experiences of the European Union and the North American Free Trade Agreement and makes predictions and suggestions for future preferential trading partners, as well as analyzing the potential impact that PTAs will have on globalization and international relations. / Thesis (BA) — Boston College, 2004. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: International Studies. / Discipline: College Honors Program.

University of Macau / Faculty of Law

The European Commission has been negotiating Economic Partnership Agreements (EPAs) with Regional Economic Communities of African, Caribbean and Pacific Group of States since 2002. The outcomes have been mixed. The negotiations with the Caribbean Forum (CARIFORUM) concluded rather more quickly than was initially envisaged, whereas negotiations with West African Economic Community (ECOWAS) and the remaining ACP regions have been dragging on for several years. This research consequently addresses the key question of what accounts for the variations in the EPA negotiation outcomes, making use of a comparative research approach. It evaluates the explanatory power of three research variables in accounting for the variation in the EPA negotiations outcomes – namely, Best Alternative to the Negotiated Agreement (BATNA); negotiation strategies; and the issues linkage approach – which are deduced from negotiation theory. Principally, the study finds that, the outcomes of the EPA negotiations predominantly depended on the presence or otherwise of a “Best Alternative” to the proposed EPA; that is then complemented by the negotiation strategies pursued by the parties, and the joint application of issues linkage mechanism which facilitated a sense of mutual benefit from the agreements.

Esta dissertação tem como objetivo medir os efeitos do Mercosul em termos de criação, desvio de comércio e desvio de exportação, usando uma base de dados abrangente e o que há de mais moderno na literatura de gravidade. Nos últimos anos, houve um grande avanço tanto na teoria quanto na estimação de equações de gravidade, o que ajudou na microfundamentação destes modelos e na obtenção de resultados consistentes. As estimações feitas mostram que o bloco possibilitou uma criação de comércio, o que ocorre quando tanto o comércio realizado intra bloco quanto com o resto do mundo aumentam. Além do mais, foram estimados modelos com a finalidade de verificar como os efeitos do Mercosul sobre comércio evoluíram ao longo dos anos, mostrando que o efeito maior do bloco se deu nos anos 90. Outra importante questão analisada foi o impacto do Mercosul sobre dois setores econômicos: agricultura e indústria. Nestes setores também houve indícios de criação de comércio, no entanto a indústria presenciou desvio de exportações em direção ao bloco. Por fim, foram construídos alguns grupos contrafactuais, que indicam que na ausência deste acordo o comércio teria sido menor, apesar dos efeitos serem heterogêneos entre os anos e os países. / This dissertation aims to measure the effects of Mercosur in terms of trade creation and diversion and export diversion, using a comprehensive database and the most modern instruments in gravity literature. In recent years, there has been a great advancement in theory and estimation of gravity equations, which helped the microfoundation of these models and the obtainment of consistent results. Our estimates show that Mercosur resulted in trade creation, which occurs when both the intra regional trade and trade with the rest of the world increase. Moreover, we estimated some models in order to see how the effects of Mercosur on trade has evolved over the years, showing that the greatest effects occurred in the 90\'s. Another important issue discussed was the impact of Mercosur on two economic sectors: agriculture and industry. In these sectors there was also evidence of trade creation, however industry has suffered exports diversion towards the block. Finally, we constructed some contrafactual groups, which indicate that in the absence of Mercosur trade would be smaller, although the effects are heterogeneous across years and countries.

As the investment treaty arbitration regime matures, consensus is emerging as to the need for public interest considerations to be taken into account in resolving disputes under international investment agreements (IIAs). However, the question of how such considerations should be reflected remains contentious. This thesis proposes that the remedies stage of the process can, and should, play a role in taking account of public interest considerations and so in easing the tension between host state regulatory sovereignty and investment protection that lies at the heart of the investment treaty regime. Thus, this thesis argues that, while, on the one hand, there is a need to introduce an element of reciprocity into the investment treaty arbitration process in order to ensure continuing state co-operation and to reflect the broader underlying purposes of IIAs, on the other, the primary object of the system remains the protection of foreign investors. These competing imperatives can lead to difficulties in taking account of public interest considerations at the merits stage of the arbitration process. Therefore, in order to reconcile these competing imperatives and to achieve an optimal balance between host state regulatory sovereignty and investment protection, this thesis proposes that public interest considerations should be recognised at the remedies stage where such considerations cannot be taken into account either sufficiently or at all at the merits stage and identifies a number of situations in which this approach would be appropriate. Potential doctrinal bases for implementation of this approach are also examined and the conclusion reached that, given the significant degree of discretion afforded to tribunals in applying the full reparation principle and the role that equity can permissibly play in quantifying damages, this approach can, save in the case of lawful expropriations, be implemented within the parameters of existing legal principles.