Why government outsourcing of public powers is making us less free Many governmental functions today-from the management of prisons and welfare offices to warfare and financial regulation-are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition-what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome-defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.

Nursing homes are where some of the most vulnerable live and work. In too many homes, the conditions of work make it difficult to make care as good as it can be. For the last eight years an international team from Germany, Sweden, Norway, the UK, the US and Canada have been searching for promising practices that treat residents, families and staff with dignity and respect in ways that can also bring joy. While we did find ideas worth sharing, we also saw a disturbing trend toward privatization. Privatization is the process of moving away not only from public delivery and public payment for health services but also from a commitment to shared responsibility, democratic decision-making, and the idea that the public sector operates according to a logic of service to all. This book documents moves toward privatization in the six countries and their consequences for families, staff, residents, and, eventually, us all. None of the countries has escaped pressure from powerful forces in and outside government pushing for privatization in all its forms. However, the wide variations in the extent and nature of privatization indicate privatization is not inevitable and our research shows there are alternatives.

Public services throughout Europe have undergone dramatic restructuring processes in recent years in connection with liberalization and privatization. While evaluations of the successes of public services have focused on prices and efficiency, much less attention has been paid to the impacts of liberalization and privatization on employment, labor relations, and working conditions. This book addresses this gap by illustrating the ways in which liberalization has contributed to increasing private and foreign ownership of public services, the decentralization of labor relations has amplified pressure on wages, and decreasing employment numbers and increasing workloads have improved productivity partly at the cost of service quality. Examining diverse public-service sectors including network industries, public transportation, and hospitals, and using international case studies, Privatization of Public Services covers a wide range of aspects of service provision, with particular emphasis on companies and workers. The result is a unique picture of the changes created by the liberalization processes in Europe.

Contemporary privatization remakes nature-society as property and transforms people's relationships to themselves, each other, and the natural world. This groundbreaking collection provides the first systematic analysis of neo-liberal privatization. Rich case studies of privatization in the making reveal both the pivotal role that privatization plays in neoliberalism and new opportunities for challenging neo-liberal hegemony. Rich case studies linked to broader questions on neoliberalism Illustrates the importance of property relation and the complexities existing in the meaning and practice of property Extends current geographical scholarship on neoliberalism -including neoliberalism and nature Each essay touches on the disciplinary, regulatory dimensions of privatization Highlights the importance of privatization, both broadly and specifically

Public-private collaboration in infrastructure projects takes place in a variety of institutional frameworks worldwide. This volume considers the different cultural, political and legal settings in the US, UK, Japan and other countries and regions where policymakers are reconsidering traditional mechanisms for raising and deploying capital. By focusing on concrete examples in specific countries, the editors and contributors draw useful lessons for strong sector performance in telecommunications, power, water and social infrastructure. Innovative strategies that work can be modified and refined in other sectors and other countries. Going beyond ideological debate, this volume presents a pragmatic approach to best practice, one that combines market-oriented solutions with governmental oversight according to the specific cultural and institutional situations. Regulators, academics, policymakers, politicians, and students in public policy, finance and economics will find this volume practical and original.

Latin American countries have now privatized a large number of their utility industries and make more use of market approaches to delivery through networks. Privatization has major consequences for efficiency, long-term growth, consumer welfare and income distribution but insufficient attention has been paid to the direct effect on consumers of regulation and the introduction of competition. This book assesses how reform processes can be improved, particularly in the light of experience in some Latin American and European countries. The authors address the question of infrastructure reforms in a novel way by focusing on the impact which they can have on consumers through the prices paid by different groups and on their access to the networks. They analyse original material from four Latin American countries - Argentina, Bolivia, Chile, Peru - and two European countries - Spain and the UK. Access is especially relevant when considering immature systems which have not yet extended to cover the majority of the population, as is the case in many Latin American countries. The authors also address the widespread impact of privatization on the economy (via macroeconomic influences) and the more general issues of subsidies and regulation which are endemic to these industries. The book focuses on the reform of four sectors: telecommunications, electricity, gas, and water and sanitation. Academics, students, practitioners and policymakers specialising in economics, development and institutional reform will value the book's unique focus on the consumer experience of utility privatization and regulation, complemented by the rigorous case study analysis of the effects on prices and access.

This collection of important previously published articles reflects the vigorous implementation of privatization in Europe and the deregulation in the United States over the last quarter century. The evolution of the movements is described, both intellectually and politically. Deregulation and privatization are bound together by the economic, political and intellectual underpinnings that gave rise to their implementation. The editors have written a new introduction to accompany the volume.

Guaranteeing energy security is one of the most complex challenges of energy law and policy. Energy insecurity threatens economic development, social peace and stability. This book focuses on energy security in the strategically important region of Central Asia. The region holds huge energy reserves, but its energy systems are highly inefficient and unreliable, and thus require urgent reform. However, endemic corruption, discrimination and the strong centralization of power have so far blocked initiatives to reorganize energy supply. The case of Central Asia is uniquely relevant for understanding the informal constraints on energy law and policy. In addition, Central Asian energy insecurity illustrates the impact of geopolitics on the regulation of energy markets. The region is strategically located in Russia's sphere of influence and along China's New Silk Road. Its energy situation highlights the complex interactions amongst energy law, geopolitics and institutions.

Much has been written about Britain's trailblazing post-1970s privatization program, but the biggest privatization of them all has until now escaped scrutiny: the privatization of land. Since Margaret Thatcher took power in 1979, and hidden from the public eye, about 10 per cent of the entire British land mass, including some of its most valuable real estate, has passed from public to private hands. Forest land, defence land, health service land and above all else local authority land- for farming and school sports, for recreation and housing - has been sold off en masse. Why? How? And with what social, economic and political consequences? The New Enclosure provides the first ever study of this profoundly significant phenomenon, situating it as a centrepiece of neoliberalism in Britain and as a successor programme to the original eighteenth-century enclosures. With more public land still slated for disposal, the book identifies the stakes and asks what, if anything, can and should be done.

Chapter One discusses the elements that caused the latest and current problems in the European economies and also, the imposed privatisation (expropriation of the public wealth), as the remedy. This crisis started from the US and consequently, it was expanded to all economies of the world due to the systemic risk that globalisation has induced to the developed and dependent nations. Thus, this European debt crisis is a crisis of capitalism. Chapter Two analyses different factors that may explain the changes in firms' performance after privatisation in Europe. The final chapter explores how the American-based agro-industrial company Herakles Farm has thoroughly disregarded state and international laws and codes of conduct in the setting up of its contentious oil palm plantation that is largely located in-between protected areas in the ever-green forest of Southwest Cameroon.

Since 1981, over 100 governments around the world have raised over $1 trillion through the sale of SOEs to private investors. Privatization programs have transformed the role of the state in virtually all-major economies, and have massively increased the capitalization and liquidity of all non-U.S. stock markets. The focus of this book lies on where privatization stands today and what are the next frontiers, the why and how behind countries who privatize certain industries, whether privatization works as an economic tool and important insights relevant to financial institutions such as how to value privatized industries, how share offerings differ from private offerings, and how countries go about harnessing private capital. The book will also represent a key and unique source for information related to the details of asset sales privatization, a summary of statistics of privatized companies from 54 international stock exchanges, regulatory changes and sources for privatization information for investors, government officials, bankers and financial specialists. The volume will serve as an invaluable reference for professionals and as a core or supplementary text in privatization courses.

Privatization has spread worldwide during the 1980s and 1990s, reshaping the balance between state and market in many countries. This book provides a comparative political analysis of privatization in the UK, United States and France. The authors argue that privatization is a political phenomenon and should be analyzed as such, rather than as an economic response to the growth of the state and the cost of state provision. The book will be of interest to students of politics, economics, public policy and business studies, as well as to policy-makers and business consultants.

American prisons and jails are overflowing with inmates. To relieve the pressure, courts have imposed fines on overcrowded facilities and fiscally strapped governments have been forced to release numerous prisoners prematurely. In this study, noted criminologist Charles Logan makes the case for commercial operation of prisons and jails as an alternative to the government's monopoly. On philosophical, economic, legal, and practical grounds, Logan argues a compelling case for the private and commercial operation of prisons. He critically examines all objections raised by opponents, and concludes that while private prisons face many potential problems, they do so primarily because they are prisons, not because they are private. Historically, the record of private ownership and operation of corrections facilities has been bleak--ridden with political corruption, physical abuse of prisoners, and the single-minded pursuit of profits. This study demonstrates that this need not be the case. Critiquing the tendency to contrast private prisons with a hypothetical ideal, Logan instead compares them with existing public institutions, arguing that the potential problems attributed to private prisons are experienced by their public counterparts. The work examines ten sets of issues, including the propriety, cost, security, and quantity of prisons, to set out a strong case for the viability of proprietary prisons.

Human Rights after Corporate Personhood offers a rich overview of current debates, and seeks to transcend the "outrage response" often found in public discourse and corporate legal theory. Through original and innovative analyses, the volume offers an alternative account of corporate juridical personality and its relation to the human, one that departs from accounts offered by public law. In addition, it explores opportunities for the application of legal personality to assist progressive projects, including, but not limited to, environmental justice, animal rights, and Indigenous land claims. Presented accessibly for the benefit of non-specialist readers, the volume offers original arguments and draws on eclectic sources, from law and poetry to fiction and film. At the same time, it is firmly grounded in legal scholarship and, thus, serves as an essential reference for scholars, students, lawmakers, and anyone seeking a better understanding of the interface between corporations and the law in the twenty-first century.

Arguably, the two most important forces affecting the world economy in the closing decades of the 20th century were globalization and privatization. Here, privatization refers to the retreat of the state from the economic arena, while globalization refers to the worldwide spread of efficient market-based systems and the consequent growth of multinational firms. The twin forces of privatization and globalization have proceeded in parallel, but have nonetheless had significant interactions with one another. (i) the spectacular collapse of the state-run socialist economies; (ii) the transfer of state-run enterprises to market governance in much of Western Europe; and (iii) the more subtle dismantling of state controls and legal monopolies in some sectors in the United States.

Privatization has dominated industrial restructuring programs since the 1980s and continues to do so. This authoritative and accessible Handbook considers all aspects of this key issue, including: the theory of privatization; privatization in transition, developed and developing economies; as well the economic regulation of privatized industries. The studies in this volume, introduced by international experts in the field present evidence of the scope and effects of privatization, and consequently provide the basis for improving both policy formulation and implementation. However, they also emphasize that privatization is not an end in itself. It is argued that for privatization to be worthwhile and for lasting economic efficiency gains to be achieved, supporting reforms must accompany most privatization programs, particularly in the arenas of corporate governance and capital markets, product market competition, and state regulatory processes. Furthermore, several contributions demonstrate that the degree to which ownership and market liberalization can be usefully separated, and whether privatization without either competition or effective regulation is worthwhile, remain controversial issues. Furnishing the reader with a comprehensive and lively discussion of privatization in theory and practice, this Handbook will be the essential source of information for researchers in the field, and for a wide-ranging audience including public policy makers and specialists, development experts and agencies, international banks, public policy and regulation economists, and management consultants.

Cheap, reliable energy has been one of British Columbia's most important competitive advantages and a key contributor to the province's prosperity. BC's energy costs have been based on the actual cost of production. Under new government policy, future energy will not be generated by BC hydro, but will be purchased from private energy producers.John Calvert shows how BC's successful public energy system is being supplanted by a deregulated private electrical system. This will effectively transfer control of the system to private interests. It will also expose BC ratepayers to the risks and uncertainties associated with the United States energy market as BC's system in gradually integrated into the larger Pacific northwest transmission grid - a grid largely controlled by US energy corporations. The government, says Calvert, has gone to extraordinary lengths to provide a supportive financial, environmental, legal and ownership framework to assist the growth of private energy investments in BC.

Britain's privatised railways continure to provoke debate about the organisation, financing, and development of the railway system. This important book, written by Britain's leading railway historian, provides an authoritative account of the progress made by British Rail prior to privatisation, and a unique insight into its difficult role in the government's privatisation planning from 1989. Based on free access to the British Railway Board's rich archives, the book provides a comprehensive analysis of the main themes: a process of continuous organisational change; the existence of a persistent government audit; perennial investment restraints; the directive to reduce operating costs and improve productivity; a concern with financial performance, technological change, service quality, and the management of industrial relations; and the Board's ambiguous position as the Conservative government pressed home its privatisation programme. The introduction of sector management from 1982 and the 'Organising for Quality' initiative of the early 1990s, the Serpell Report on railway finances of 1983, the sale of the subsidiary businesses, the large-scale investment in the Channel Tunnel, and the obsession with safety which followed the Clapham accident of 1988, are all examined in depth. In the conclusion, the author reviews the successes and failures of the public sector, rehearses the arguments for and against integration in the railway industry, and contrasts what many have termed 'the golden age' of the mid-late 1980s, when the British Rail-government relationship was arguably at its most effective, with what has happened since 1994.

This book, written by Britain's leading railway historian, provides an authoritative account of the progress made by British Rail prior to privatisation and a unique insight into its difficult role in the government's privatisation planning from 1989. Based on privileged access to the British Railway Board's rich archives, Terry Gourvish presents a comprehensive analysis which traces the external pressures on British Rail and its own changing internal organization between 1974 and 1997.

Why government outsourcing of public powers is making us less free Many governmental functions today-from the management of prisons and welfare offices to warfare and financial regulation-are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition-what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome-defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.

""Territory, Authority, Rights" takes up pivotal sources of friction in a process of globalization too often seen as simple and inexorable. With clarity and insight Sassen shows how the meaning of each is reconfigured in contemporary social change. Her work is essential to making sense of practical problems as well as theoretical issues."--Craig Calhoun, Social Science Research Council

"Saskia Sassen is a spectacularly original thinker. She offers us not only new concepts, but often a new vocabulary. Her central insight in "Territory, Authority, Rights," that understanding globalization actually requires focusing on the national-or more precisely, the phenomenon of 'denationalization' of many familiar domestic institutions and processes-opens the door to reimagining and retheorizing some of the most fundamental physical and political elements of our world."--Anne-Marie Slaughter, Princeton University

"In this brilliant and pioneering work, Saskia Sassen provides a whole new way of thinking about globalization and political development generally. This is a stunning achievement. One of the beauties of the book is its careful historical analysis that puts the globalizing present in the contexts of the past. However, not only is the message important, but also the author's way of illustrating the story in wonderful detail, so we are reading specifics as well as sweeping abstract ideas."--Yale H. Ferguson, Rutgers University, Newark

""Territory, Authority, Rights" is a bold new work by the leading scholar of globalization. It will undoubtedly engage the author's many fans, renewing the conversation about globalization that Sassen has shaped in such substantial ways over the pasttwenty years. But far more than merely bringing her readers up to date with her thinking, the book also represents a major new theorization of globalization. Profoundly multidisciplinary, it will reach new audiences, and in the process redefine the issues, possibilities, and theoretical stakes in globalization. Sassen responds to globalization's critics from both right and left, carving out a distinctive analytical path with critical foundations of its own. The result is persuasive and compelling--a brilliant achievement that will define the research agenda with respect to globalization for years to come."--Alfred Aman, Indiana University School of Law

This is the first book to use a comparative approach to examine the effects of different constitutional and legal traditions on privatization. Cosmo Graham and Tony Prosser focus on privatization in the UK and France. They suggest that the British Government was remarkably free from constitutional limitation, whereas in France the written constitution imposed important restrictions on the scope of privatization and on the arrangements of the pricing of shares. They go on to describe the links created between privatized enterprises and government by devices such a golden shares and analyse the constraints of competition law and the regulatory arrangements in Britain. They also compare the British regulatory agencies with those in the US, looking in particular at the way in which the influence of Federal and State constitutions has led to the incorporation of significant elements of openness in decision-making procedures. This detailed analysis of the effect of legal constraints on economic policy adds a constitutional dimension to what has primarily been seen as an economic issue, and will make a unique and valuable contribution to current debates in political studies.

There has been much speculation about the introduction of the contract culture in the public services and its consequences for those involved (including service users). This book, which is based on original research, sets out to examine the impact of contracts in three areas of the public service: health, social services, and other government activities. These findings are set in the context of policy development for the public sector as a whole. Detailed case studies in selected areas reveal the varying different patterns that have emerged. A study of the attitudes of those involved illuminates the different perspectives of participants. In the concluding chapters the authors review the policy implications of the study and identify likely future developments.

Ziel der Autoren ist, die bisherigen internationalen Erfahrungen mit Privatisierungsprozessen in kompakter und ubersichtlicher Form zusammenzustellen und daraus adaquate Vorgehensweisen abzuleiten."

One of the most enduring legacies of the 1980s has been the programme of privatizations that the Thatcher government set in train, and which has influenced economic policy throughout the world - most recently in Eastern Europe as it moves away from socialism towards capitalism. This book stands back and examines what has been learnt from the privatization programme mnow completed, and considers what remains to be done.