Legal Aspects Of Privatization In Industry

The main aims of this thesis are as follows:(a) To present a comprehensive analysis of the concept of privatisation its origins and limits, (b) To identify the legal and institutional framework for privatisation in different European countries from a comparative perspective; (c) To define and analyse particularly legal issues which arise during the privatisation transactions: e.g. labour law, competition law etc.; (d) To evaluate which features of the successful legal and organisational framework of privatisation have been successful so as to provide guidelines for those individuals and organisations participating in the privatisation exercises.This work found out that there is no simple, internationally applicable recipe for privatisation; various legal methods and techniques can be used to privatise state owned enterprises. Because each country has different circumstances, it is impossible to provide a unique model for privatisation; each country needs to design its own model according to its circumstances.Privatisation is an essential but insufficient element for structural economic reform in the economy and society. Privatisation is not a panacea, it is not the solution to every economic and administrative problem; selling an enterprise to the private sector does not mean an end to all problems. Also privatisation is not an overnight process or a magic touch; it will be a lengthy process. Furthermore, a decision that something can be privatised does not mean that it should be privatised.In that context, privatisation is not good or bad; it is an economic and social instrument. If it is well designed it may bring substantial benefits to the economy and society.In many countries, many state owned enterprises, particularly the ones which are financially weak, have still not been privatised. This finding revealed that the privatisation process will be in the political and economic agenda for at least few more decades.

analisa os aspectos legais e institucionais e apresenta uma lista com a legislação sobre privatização em 112 paises.

Issues vital to private investors, from competition law to tax aspects, are surveyed here by accountants and lawyers from throughout the EU. The text shows the extent to which deregulation, or "liberalization," of industrial sectors in the member states of the European Union (EU) has impacted beyond the economies and financial markets of Europe. As more sectors of the European economy open to private participants, the effect on the aviation, rail, insurance, telecommunications, and utilities sectors, as this insightful text shows, will continue to intensify dramatically. Published under the Transnational Publishers imprint.

The book concludes with an assessment of the complexities surrounding responses to security privatization - and an exploration of when, and whether, it should be promoted rather than prevented."--BOOK JACKET.

This book describes and assesses an emerging threat to states' territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends - the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations: " when a state privatizes an activity to another state's public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.