Can Blockchain Solve the Hold-up Problem in Contracts?

Can Blockchain Solve the Hold-up Problem in Contracts?
Author: Richard Holden
Publisher: Cambridge University Press
Total Pages: 94
Release: 2021-11-18
Genre: Political Science
ISBN: 100902017X

A vexing problem in contract law is modification. Two parties sign a contract but before they fully perform, they modify the contract. Should courts enforce the modified agreement? A private remedy is for the parties to write a contract that is robust to hold-up or that makes the facts relevant to modification verifiable. Provisions accomplishing these ends are renegotiation-design and revelation mechanisms. But implementing them requires commitment power. Conventional contract technologies to ensure commitment – liquidated damages – are disfavored by courts and themselves subject to renegotiation. Smart contracts written on blockchain ledgers offer a solution. We explain the basic economics and legal relevance of these technologies, and we argue that they can implement liquidated damages without courts. We address the hurdles courts may impose to use of smart contracts on blockchain and show that sophisticated parties' ex ante commitment to them may lead courts to allow their use as pre-commitment devices.

Mastering the Risky Business of Public-Private Partnerships in Infrastructure

Mastering the Risky Business of Public-Private Partnerships in Infrastructure
Author: Manal Fouad
Publisher: International Monetary Fund
Total Pages: 61
Release: 2021-05-10
Genre: Business & Economics
ISBN: 1513576569

Investment in infrastructure can be a driving force of the economic recovery in the aftermath of the COVID-19 pandemic in the context of shrinking fiscal space. Public-private partnerships (PPP) bring a promise of efficiency when carefully designed and managed, to avoid creating unnecessary fiscal risks. But fiscal illusions prevent an understanding the sources of fiscal risks, which arise in all infrastructure projects, and that in PPPs present specific characteristics that need to be addressed. PPP contracts are also affected by implicit fiscal risks when they are poorly designed, particularly when a government signs a PPP contract for a project with no financial sustainability. This paper reviews the advantages and inconveniences of PPPs, discusses the fiscal illusions affecting them, identifies a diversity of fiscal risks, and presents the essentials of PPP fiscal risk management.

Doing Business 2020

Doing Business 2020
Author: World Bank
Publisher: World Bank Publications
Total Pages: 254
Release: 2019-11-21
Genre: Business & Economics
ISBN: 1464814414

Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

Granting and Renegotiating Infrastructure Concessions

Granting and Renegotiating Infrastructure Concessions
Author: J. Luis Guasch
Publisher: World Bank Publications
Total Pages: 212
Release: 2004-01-01
Genre: Business & Economics
ISBN: 9780821357927

During the 1990s, infrastructure concessions were hailed as the solution to Latin America's endemic infrastructure deficit, by combining private sector efficiency with rent dissipation brought about by competition. This publication examines the design and implementation of over 1,000 examples of concession contracts, in order to identify the problems that have occurred in the process. It goes on to highlight lessons to be learned for the future, in order to realise the potential benefits of infrastructure reform and to contribute to economic growth and poverty reduction.

The Handbook of Organizational Economics

The Handbook of Organizational Economics
Author: Robert Gibbons
Publisher: Princeton University Press
Total Pages: 1248
Release: 2013
Genre: Business & Economics
ISBN: 0691132798

(E-book available via MyiLibrary) In even the most market-oriented economies, most economic transactions occur not in markets but inside managed organizations, particularly business firms. Organizational economics seeks to understand the nature and workings of such organizations and their impact on economic performance. The Handbook of Organizational Economics surveys the major theories, evidence, and methods used in the field. It displays the breadth of topics in organizational economics, including the roles of individuals and groups in organizations, organizational structures and processes, the boundaries of the firm, contracts between and within firms, and more.

Problem-Driven Political Economy Analysis

Problem-Driven Political Economy Analysis
Author: Verena Fritz
Publisher: World Bank Publications
Total Pages: 289
Release: 2014-01-13
Genre: Business & Economics
ISBN: 1464801223

This volume presents eight good practice examples of problem-driven political economy analysis conducted at the World Bank, and reflect what the Bank has so far been able to achieve in mainstreaming this approach into its operations and policy dialogue.