Suchergebnisse

This paper is a revised version and an expanded version of the paper entitled 'Shares Divestment Scheme in Indonesian Mining Law'. Several cases of ICSID are cases of shares divestment, one of them is the Freeport case that offers divestment by giving the assumption of investment if the Government extends the Freeport Operational License until 2041. It violates determination of divestment share price as the value should be based on fair market price without calculating the amount of minerals. Shares divestment execution is often hampered by the determination of divestment shares' price. The purpose of the divestment arrangement was not achieved because of the price fixing issue which causes divestment failure or causes divestment delay, and the shares that were previously for the government eventually fell on private shareholders which might be owned by foreign parties. This paper is a legal research. It is intended to formulate a shares divestment scheme in the mining sector in Indonesia based on rational choice theory and public choice theory, which is expected to give a valuable contribution to the Government of the Republic of Indonesia as well as stakeholders and can be the ontological basis for laws and policies related to the investment and mining laws in Indonesia. The approaches which are used are the conceptual, statute, case and comparative approach. The primary legal materials that are used are legislation, international conventions and court decisions, while the secondary legal materials are in the form of literature and related materials.Key words: Investment law, mining law, national interest, rational choice theory, shares divestment.

The conflict between heritage protection and urban infrastructure development rationales creates a context for inclusion, participation and dialogue of different heritage-related communities. However, developed in the pre-computer age of administrative practice, are often incapable, partially or completely, to accommodate the 'new-era' community oriented participatory practices. In this article, authors discuss the mutual effects of IT in the process of democratization of urban heritage preservation. The authors create and argue the conceptual model of distributed ledger technologies (DLT) in participatory UHP. The model demonstrates how technologies can become catalysts for democratization in situations when the regulatory and administrative change (on its own) is too inert. The article hypothesizes that novel technological developments which aim at or have the potential for increasing community involvement and democratization of administrative practice, exert their effects directly through technology-based participatory practices.

Public administration system has been restructured by agencification in many countries. The new or reorganized agencies have been established. These agencies rely more on business management methods pursuing to improve public services quality, increase people's confidence in government, public administration, reduce costs, etc. Using principal – agent theory papergives theoretical justification and by investigation of the reasons, means and results of agencification paper reviews practical experience of agencification in countries: Great Britain, Ireland, Portugal, Germany, the United States of America, and Sweden. Despite the divergence in agencification (agencies types and structures, legal framework), general trends and key success factors – political consensus and strategic reform management – can be determined.

Public administration system has been restructured by agencification in many countries. The new or reorganized agencies have been established. These agencies rely more on business management methods pursuing to improve public services quality, increase people's confidence in government, public administration, reduce costs, etc. Using principal – agent theory papergives theoretical justification and by investigation of the reasons, means and results of agencification paper reviews practical experience of agencification in countries: Great Britain, Ireland, Portugal, Germany, the United States of America, and Sweden. Despite the divergence in agencification (agencies types and structures, legal framework), general trends and key success factors – political consensus and strategic reform management – can be determined.

Public administration system has been restructured by agencification in many countries. The new or reorganized agencies have been established. These agencies rely more on business management methods pursuing to improve public services quality, increase people's confidence in government, public administration, reduce costs, etc. Using principal – agent theory papergives theoretical justification and by investigation of the reasons, means and results of agencification paper reviews practical experience of agencification in countries: Great Britain, Ireland, Portugal, Germany, the United States of America, and Sweden. Despite the divergence in agencification (agencies types and structures, legal framework), general trends and key success factors – political consensus and strategic reform management – can be determined.

Public administration system has been restructured by agencification in many countries. The new or reorganized agencies have been established. These agencies rely more on business management methods pursuing to improve public services quality, increase people's confidence in government, public administration, reduce costs, etc. Using principal – agent theory papergives theoretical justification and by investigation of the reasons, means and results of agencification paper reviews practical experience of agencification in countries: Great Britain, Ireland, Portugal, Germany, the United States of America, and Sweden. Despite the divergence in agencification (agencies types and structures, legal framework), general trends and key success factors – political consensus and strategic reform management – can be determined.

Fisheries policy is a complex subject; therefore balance between social, economical and environmental instruments takes important role at this topic. Economic growth, stability of labor market and business development is directly related with efficiency of fish resources protection. In 2004 Lithuanian became European Union member and took obligation and responsibility to take part in the Common Fisheries policy. Although Lithuanian fisheries industry is small in compeer to EU, but it is as important as any other EU member state actions for common aim – sustainable development of fisheries sector. In Lithuanian various science and research institutions are involved Fisheries policy process but those institutions perform empirical researches on conditions of fish and water resources. Meanwhile Fisheries policy is under researched subject. Horizontal and vertical relations existing between institutions have impact on quality of Common Fisheries Policy formation and implantation. Commercial Fisheries control takes a significant part in fisheries policy and is strongly regulated; therefore to ensure successful implementation of policy it is important to analyze problems of control system. The aim of this thesis is to analyze European Union Common Fisheries policy implementation in Lithuanian commercial fisheries control mechanism. The first chapter analyzes EU common fisheries policy by institutionalism and agent – principal theories. This chapter discusses E. Ostrom, S. Jentoft, T. Schare, J. Raakjer scientific publications, in which fisheries policy and natural recourses is analyzed according to institutionalism theory. Also explores agent – principal relations between European Union, EU member states and fishers, based on N. Vestergaard and F. Jensen publications. The second chapter explores the development of the Common Fisheries Policy and present Common Fisheries Policy regulations. The third chapter analyzes inland and sea commercial fisheries regulations based on Fisheries law and other documents on national fisheries policy. The fourth chapter discusses fisheries administration system, division of responsibilities between agricultural and environment ministries and their institutions. The fifth chapter based on the results of qualitative analysis, reveals the main problems that are common for institutions forming and implementing commercial fisheries mechanism.

Project management is an instrument of modern Public administration paradigms. It is used in order to make public institutions more efficient. This instrument is quite new in Lithuania and was started to use intensively when European Union gave opportunity soak up support from EU funds. Now in Lithuania big investment projects are becoming more and more popular. The main purpose of these projects is to create efficient relations between principal (public organization) and agent (private organization). Both participants are maximizing their efforts in order to reach some particular purpose with less money and more quality. In this paper it will be analysed the concept of investment project and implementation of investment project. Besides, there will be presented the model of research, which can help to analyse the interactions between principal and agent. This model is based on two theories – Principal agent ant Contract theory. In third part of this paper there will be research of principal and agent interactions. This research should reveal, which factors cause problems in investment project implementation. The main purposes of this paper are to analyse the implementation of investment projects in Lithuania, to investigate interactions in investment projects and to reveal the way of control in projects implementation. The base of research will be the analyse of investment project "Kauno pramogų ir sporto rūmai Nemuno saloje". At the end of this paper will be revealed why implementation of mentioned project is going wrong. Plus, there will be some recommendations, which could help to avoid problems in implementation process.

Project management is an instrument of modern Public administration paradigms. It is used in order to make public institutions more efficient. This instrument is quite new in Lithuania and was started to use intensively when European Union gave opportunity soak up support from EU funds. Now in Lithuania big investment projects are becoming more and more popular. The main purpose of these projects is to create efficient relations between principal (public organization) and agent (private organization). Both participants are maximizing their efforts in order to reach some particular purpose with less money and more quality. In this paper it will be analysed the concept of investment project and implementation of investment project. Besides, there will be presented the model of research, which can help to analyse the interactions between principal and agent. This model is based on two theories – Principal agent ant Contract theory. In third part of this paper there will be research of principal and agent interactions. This research should reveal, which factors cause problems in investment project implementation. The main purposes of this paper are to analyse the implementation of investment projects in Lithuania, to investigate interactions in investment projects and to reveal the way of control in projects implementation. The base of research will be the analyse of investment project "Kauno pramogų ir sporto rūmai Nemuno saloje". At the end of this paper will be revealed why implementation of mentioned project is going wrong. Plus, there will be some recommendations, which could help to avoid problems in implementation process.

Project management is an instrument of modern Public administration paradigms. It is used in order to make public institutions more efficient. This instrument is quite new in Lithuania and was started to use intensively when European Union gave opportunity soak up support from EU funds. Now in Lithuania big investment projects are becoming more and more popular. The main purpose of these projects is to create efficient relations between principal (public organization) and agent (private organization). Both participants are maximizing their efforts in order to reach some particular purpose with less money and more quality. In this paper it will be analysed the concept of investment project and implementation of investment project. Besides, there will be presented the model of research, which can help to analyse the interactions between principal and agent. This model is based on two theories – Principal agent ant Contract theory. In third part of this paper there will be research of principal and agent interactions. This research should reveal, which factors cause problems in investment project implementation. The main purposes of this paper are to analyse the implementation of investment projects in Lithuania, to investigate interactions in investment projects and to reveal the way of control in projects implementation. The base of research will be the analyse of investment project "Kauno pramogų ir sporto rūmai Nemuno saloje". At the end of this paper will be revealed why implementation of mentioned project is going wrong. Plus, there will be some recommendations, which could help to avoid problems in implementation process.

The private and public entities in Lithuania implement projects financed by the European Union Structural Funds. This action is a complex administrative process, in which the relationship between its participants is based on contracts. The interaction among the participants of this process, which is contract based, is problematic and leads to certain negative phenomena. The opportunism in contractual relationship may affect the final results of the project, moreover certain irregularities in public procurement while negotiating the contract, improper contracting, the violation of the contract may result in recognition expenses of the EU Structural Funds as ineligible. In addition, the returning of the EU structural support and the suspension of the funding of the EU Structural Funds is also undeclinable. The latter process was started in Lithuania by the European Commission at the beginning of 2012. Therefore, the main objective of the final thesis is to analyze the contractual relations in the implementation process of projects financed by the EU Structural Funds in Lithuania. The theoretical part of the paper deals with the application of the contracts in the implementation process of projects financed by the EU Structural Funds in Lithuania. For this reason, the concept and types of the contract, the theory of application contract in a public sector are analyzed. Additionally, the analysis of the principal – agent theory is presented, which concepts are perfectly adjusted to the analysis of the contractual relations in the implementation process of projects financed by the EU Structural Funds in Lithuania. The research of the final thesis (2, 3 and 4 parts) indicates the data analysis of the qualitative research. The carried qualitative research presents the analysis of the contract culture in the implementation process of projects financed by the EU Structural Funds in Lithuania: individual elements of the contract culture are analyzed, their mutual relations are identified and the most influential external factors are distinguished. Afterwards, the analysis concludes the contractual management problems while implementing the EU structural support in Lithuania. The problematic issues of the individual phases of the contractual management are analyzed as such: the choice of the contract agent, preparation and conclusion of the contract, violation of the contract. The final part contains the analysis of the contract agent's opportunism while implementing project activities financed by the EU Structural Funds in Lithuania: interests of contractor, supplier or service provider as well as interests and their protection of the recipient of the EU structural support.

The private and public entities in Lithuania implement projects financed by the European Union Structural Funds. This action is a complex administrative process, in which the relationship between its participants is based on contracts. The interaction among the participants of this process, which is contract based, is problematic and leads to certain negative phenomena. The opportunism in contractual relationship may affect the final results of the project, moreover certain irregularities in public procurement while negotiating the contract, improper contracting, the violation of the contract may result in recognition expenses of the EU Structural Funds as ineligible. In addition, the returning of the EU structural support and the suspension of the funding of the EU Structural Funds is also undeclinable. The latter process was started in Lithuania by the European Commission at the beginning of 2012. Therefore, the main objective of the final thesis is to analyze the contractual relations in the implementation process of projects financed by the EU Structural Funds in Lithuania. The theoretical part of the paper deals with the application of the contracts in the implementation process of projects financed by the EU Structural Funds in Lithuania. For this reason, the concept and types of the contract, the theory of application contract in a public sector are analyzed. Additionally, the analysis of the principal – agent theory is presented, which concepts are perfectly adjusted to the analysis of the contractual relations in the implementation process of projects financed by the EU Structural Funds in Lithuania. The research of the final thesis (2, 3 and 4 parts) indicates the data analysis of the qualitative research. The carried qualitative research presents the analysis of the contract culture in the implementation process of projects financed by the EU Structural Funds in Lithuania: individual elements of the contract culture are analyzed, their mutual relations are identified and the most influential external factors are distinguished. Afterwards, the analysis concludes the contractual management problems while implementing the EU structural support in Lithuania. The problematic issues of the individual phases of the contractual management are analyzed as such: the choice of the contract agent, preparation and conclusion of the contract, violation of the contract. The final part contains the analysis of the contract agent's opportunism while implementing project activities financed by the EU Structural Funds in Lithuania: interests of contractor, supplier or service provider as well as interests and their protection of the recipient of the EU structural support.

The private and public entities in Lithuania implement projects financed by the European Union Structural Funds. This action is a complex administrative process, in which the relationship between its participants is based on contracts. The interaction among the participants of this process, which is contract based, is problematic and leads to certain negative phenomena. The opportunism in contractual relationship may affect the final results of the project, moreover certain irregularities in public procurement while negotiating the contract, improper contracting, the violation of the contract may result in recognition expenses of the EU Structural Funds as ineligible. In addition, the returning of the EU structural support and the suspension of the funding of the EU Structural Funds is also undeclinable. The latter process was started in Lithuania by the European Commission at the beginning of 2012. Therefore, the main objective of the final thesis is to analyze the contractual relations in the implementation process of projects financed by the EU Structural Funds in Lithuania. The theoretical part of the paper deals with the application of the contracts in the implementation process of projects financed by the EU Structural Funds in Lithuania. For this reason, the concept and types of the contract, the theory of application contract in a public sector are analyzed. Additionally, the analysis of the principal – agent theory is presented, which concepts are perfectly adjusted to the analysis of the contractual relations in the implementation process of projects financed by the EU Structural Funds in Lithuania. The research of the final thesis (2, 3 and 4 parts) indicates the data analysis of the qualitative research. The carried qualitative research presents the analysis of the contract culture in the implementation process of projects financed by the EU Structural Funds in Lithuania: individual elements of the contract culture are analyzed, their mutual relations are identified and the most influential external factors are distinguished. Afterwards, the analysis concludes the contractual management problems while implementing the EU structural support in Lithuania. The problematic issues of the individual phases of the contractual management are analyzed as such: the choice of the contract agent, preparation and conclusion of the contract, violation of the contract. The final part contains the analysis of the contract agent's opportunism while implementing project activities financed by the EU Structural Funds in Lithuania: interests of contractor, supplier or service provider as well as interests and their protection of the recipient of the EU structural support.

After coming to a new country, immigrants face social, political, economic, cultural and educational integration problems. Solution to these problems may be found by fostering the self-directed learning of immigrants in the community-based organizations. Therefore, research aim of the dissertation – to create a grounded theory of immigrants' self-directed learning in community-based organizations on their path to integration into the host society. Created grounded theory of immigrants' self-directed learning in the community-based organizations in the context of the personal level includes specific parameters and their expressions – universality and transient effect. Parameters (preconditions, context, strategies, and results) of grounded theory of immigrants' self-directed learning in the community-based organizations at the personal level can be transferred essentially unaltered into the specific national context of education and integration policy. In the meantime, the grounded theory on immigrants' self-directed learning in the community-based organizations at the level of the organization covers the specific parameters with a characteristic of contextual nature. In order to transfer the grounded theory on the immigrants' self-directed learning at the level of organization to the specific organization and national context, the need to specify it in the specific context of the organization arises. Strategies of the self-directed learning reveal the innovation of this grounded theory – they are both essential ways for solving the problems of immigrants' integration and factors for the holistic growth and development of an individual.

After coming to a new country, immigrants face social, political, economic, cultural and educational integration problems. Solution to these problems may be found by fostering the self-directed learning of immigrants in the community-based organizations. Therefore, research aim of the dissertation – to create a grounded theory of immigrants' self-directed learning in community-based organizations on their path to integration into the host society. Created grounded theory of immigrants' self-directed learning in the community-based organizations in the context of the personal level includes specific parameters and their expressions – universality and transient effect. Parameters (preconditions, context, strategies, and results) of grounded theory of immigrants' self-directed learning in the community-based organizations at the personal level can be transferred essentially unaltered into the specific national context of education and integration policy. In the meantime, the grounded theory on immigrants' self-directed learning in the community-based organizations at the level of the organization covers the specific parameters with a characteristic of contextual nature. In order to transfer the grounded theory on the immigrants' self-directed learning at the level of organization to the specific organization and national context, the need to specify it in the specific context of the organization arises. Strategies of the self-directed learning reveal the innovation of this grounded theory – they are both essential ways for solving the problems of immigrants' integration and factors for the holistic growth and development of an individual.