Abstract
This LL.M. thesis provides a comprehensive analysis of privatization as an economincally-sound strategy for the provision of public goods and services. The work begins by providing a robust backdrop of the privatization phenomenon by tracing its theoretical foundations, competing defintions, and analyzing the principal techniques of implementation—including divestiture through public share offerings and private sales, load shedding, vouchers, freemarket, user fees, franchise agremeents, and contracting out. The thesis then examines privatization as a means of reducing government size, the potential for franchise agreements to serve as an alternate appoach to public service delivery, and, finally, the critical legal issues arising in the post-privatization era. Key topics include the distinction between government provision and production of services; the conceptual framework for classifying goods and services; the mechanics of contracting out and franchise agreements; and the threat of contractor bankruptcy under the United States Bankruptcy Code of 1978, with emphasis on the automatic stay, the executory contract provisions of Section 365, and strategies for ensuring uninterrupted public services when a private contractor files for Chapter 7 or Chapter 11 relief.
Repository Citation
Elfadil, Abdelsamie E., "Privatization: A Way to Rethinking the Role of Government" (1992). LLM Theses and Essays. 344.
https://digitalcommons.law.uga.edu/stu_llm/344