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Les enjeux d'imputabilité de l'État envers la protection de l'intérêt général dans un partenariat public-privé : étude des types d'imputabilité émanant du secteur public et du secteur privé et des interrelations suscitées à l'intérieur d'un partenariat public-privé

At a time of reorganization for certain socio-economic paradigms within the Province of Quebec, the public-private duality is in need of a competitive and sustainable collaboration in order to promote and ameliorate public services, provide more controlled levels of risk and lower initial investment costs in such projects. The concept of a public-private partnership is born from a necessity to adapt the structure of the existing systems to better serve the modern demands of users, to replace old and inefficient infrastructures as well as to abet prohibitive financial considerations of the Province of Quebec. Under which circumstances and to which degrees would the private partner in a public-private partnership, having become the custodian of a project serving primarily private interests, be responsible to absorb the risks transferred by the Province of Quebec to the partnership? How can it be assured that the protection of the public interest and inextricable public values links of the public partner are preserved in a public-private partnership? / This thesis is structured into three sections. In the first chapter, we analyze the concept of public private partnerships and the parameters that circumscribe to it. This analysis deals with public services and the public interest. The second chapter defines the concept of accountability while outlining various traits of accountability which may be associated with each member of a public-private partnership as well as with the partnership itself. A more pointed examination then discusses the pitfalls of current systems of accountability within the public-private framework. / Finally, we examine the notional values that the current control mechanisms contribute to a public-private partnership. This analysis indicates that a series of new and renewed control and accountability mechanisms is needed to manage the various idiosyncrasies of a public-private partnership while congruently promoting a balance of interest and vision between the partners of a public private partnerships.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.101819
Date January 2006
CreatorsImbleau-Chagnon, Claudie.
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageFrench
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Comparative Law.)
Rights© Claudie Imbleau-Chagnon, 2006
Relationalephsysno: 002599152, proquestno: AAIMR32884, Theses scanned by UMI/ProQuest.

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