This book presents the results of a three-year research project based at the Ruhr-University Bochum, financed by the Fritz Thyssen Foundation, Cologne. Corruption in public procurement is widespread and particularly damaging to development objectives, as it undermines any state's duty to maximize the social and economic welfare of its citizens. Yet, research on country-specific regulation meant to address this problem has remained scarce. This book aims to fill this gap by providing a systematic comparative analysis of supplier remedies mechanisms in Kenya, Uganda and Tanzania. It elaborates on the potential of legal remedies to serve as anticorruption tools. Based on the fact that the anti-corruption effect of remedies mechanisms depends ultimately on the actual use by suppliers, three main factors are discussed: (1) the institutional setting and independence of the remedies systems; (2) their accessibility for aggrieved bidders; and (3) their efficiency, driven by bidder's cost-benefit analysis and including the aspects of procedural fees, duration, available relief and prospects of success. The assessment of the legislation is complemented by information gained from various stakeholders such as public procurement authorities, development organizations, NGOs and scientific experts. Despite many similarities of the systems due to their common historical background, the analysis identifies remarkably different regulative and institutional approaches, and discusses their more or less supportive effects on the use of supplier remedies mechanisms.
This book addresses practitioners in development cooperation as well as scientists and students who are interested in the interaction of human rights and development issues. In the practice of development cooperation, linking poverty reduction programs with human rights is mainly achieved using so-called “Rights-based Approaches to Development.” In this context the right to an adequate standard of living (including access to food, water and housing), the right to health and the right to social security are of particular importance – human rights that will play a key role in the design of the Post-2015 Development Agenda, which is currently being negotiated as a framework to succeed the Millennium Development Goals. The book provides an overview of the main international legal standards that are relevant for the protection of social rights, while also analyzing the content of those rights. Moreover, it informs readers on the current debates surrounding the extraterritorial obligations of donor countries and the duties of transnational corporations and international organizations (e.g. the World Bank and WTO) with regard to the implementation of social rights in the Global South.
This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in 2015. Already the preamble of this document explicitly states that "the 17 Sustainable Development Goals ... seek to realise the human rights of all". Moreover, several goals and targets of the 2030 Agenda correspond to already existing individual human rights obligations. The contributions of this volume therefore also address how the implementation of human rights and SDGs can reinforce each other, but also point to critical shortcomings of the different approaches.
This book addresses practitioners in development cooperation as well as scientists and students who are interested in the interaction of human rights and development issues. In the practice of development cooperation, linking poverty reduction programs with human rights is mainly achieved using so-called “Rights-based Approaches to Development.” In this context the right to an adequate standard of living (including access to food, water and housing), the right to health and the right to social security are of particular importance – human rights that will play a key role in the design of the Post-2015 Development Agenda, which is currently being negotiated as a framework to succeed the Millennium Development Goals. The book provides an overview of the main international legal standards that are relevant for the protection of social rights, while also analyzing the content of those rights. Moreover, it informs readers on the current debates surrounding the extraterritorial obligations of donor countries and the duties of transnational corporations and international organizations (e.g. the World Bank and WTO) with regard to the implementation of social rights in the Global South.
This book presents the results of a three-year research project based at the Ruhr-University Bochum, financed by the Fritz Thyssen Foundation, Cologne. Corruption in public procurement is widespread and particularly damaging to development objectives, as it undermines any state's duty to maximize the social and economic welfare of its citizens. Yet, research on country-specific regulation meant to address this problem has remained scarce. This book aims to fill this gap by providing a systematic comparative analysis of supplier remedies mechanisms in Kenya, Uganda and Tanzania. It elaborates on the potential of legal remedies to serve as anticorruption tools. Based on the fact that the anti-corruption effect of remedies mechanisms depends ultimately on the actual use by suppliers, three main factors are discussed: (1) the institutional setting and independence of the remedies systems; (2) their accessibility for aggrieved bidders; and (3) their efficiency, driven by bidder's cost-benefit analysis and including the aspects of procedural fees, duration, available relief and prospects of success. The assessment of the legislation is complemented by information gained from various stakeholders such as public procurement authorities, development organizations, NGOs and scientific experts. Despite many similarities of the systems due to their common historical background, the analysis identifies remarkably different regulative and institutional approaches, and discusses their more or less supportive effects on the use of supplier remedies mechanisms.
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