New Public Management Essay Example | Topics and Well Written Essays - 5250 words

New Public Management - Essay Example This review will then investigate the observed impact of NPM on the health sector and the effects of adopting market-oriented concepts, as reported in a study conducted by the World Bank (p.13) Moreover, NPM will be a viable reference because it has been documented to influence the financial policies of many governments. Policy issues directly affect public institutions like hospitals because reduced funding restrictions - a reality in many countries and one of the benefits of the NPM approach - will ultimately have an effect at the operational level. That is, hospitals may be compelled to improve procedures and practices, especially in terms of resource allocation, but they must also strive to improve the level of customer satisfaction. The market orientation of the NPM model will be particularly helpful in this area. Thus, with NPM theories as basis, this review will proceed to investigate process level concepts that are also oriented towards efficiency (p.15), which include action research, clinical pathways, service redesign, and operations management. The final section (p.18) looks at several initiatives that aimed to improve operations and practices in hospitals and especially, in operating theatres. The sources cited in this review are summarized in Table 1. DisTable 1. Summary of Reviewed Literature Author/s Date Title Subject/Topic Baird 2004 The Global Influence of New Public Management: Case Studies from Africa Explains the use of NPM in several African countries, with special focus on the importance of capacity building, especially in developing countries where governance issues remain a major challenge. Barry-Walker 2000 The Impact of Systems Redesign on Staff, Patient, and Financial Outcomes Discusses the findings of a study introducing "inpatient bed consolidation" and "patient population reaagregation" in a U.S. hospital and how such change initiatives affect staff, patients, and financial performance. Borins 2000 New Public Management, North American Style Lists the characteristics of NPM and how it has influenced the governments of the U.S. and other developed countries in attempts to reform the public sector. Costello 2003 Action Research Provides a useful general reference for managers wanting to undertake action resarch, from planning to reporting. European Communities n.d. Increasing Institutional and Administrative Capacity Establishes the importance of institutional and administrative capacity in socio-economic development programmes, debating the impacts of NPM especially in developed countries. Khaleghian and Das Gupta 2004 Public Management and the Essential Public Health Functions Discusses attempts to improve the public sector and their impacts on providing health services, including adoption of NPM concepts. Mahaffey 2004 Optimizing Patient Flow in the Enterprise Explains how use of technology can enhance hospital operations and

Qualifications of arbitrator 2 Essay Example | Topics and Well Written Essays - 5000 words

Qualifications of arbitrator 2 - Essay Example The SAL 2012 does not define this, but the set of its Implementing Regulations, which has not yet been issued, is expected to clarify this issue. Meanwhile, one could turn to its older version, the Implementing Regulations of the previous Saudi Arbitration Law, which included the same requirement.3 The regulations states that a person can be considered of good conduct if he has not been "sentenced to Had or Ta'zir4, to penalty for a crime of dishonor, or being dismissed from a public position following a disciplinary order."5 Taking from this conception as well as the body of previous court proceedings and judgments, it is clear that the requirement of good conduct is close to the requirement of Adalah in Sharia but it is not regarded as equal to it.6 This is because committing minor sins and persisting on them which are considered as acts contrary to Adalah according to Sharia do not always constitute an offense or offenses in the eyes of the law. Most of these do not call for the i ssuance of a judicial decision with Ta'zir or dismissal from public position at the present time in Saudi Arabia. 7 Therefore, what contradicts Adalah according to the perspective of Sharia does not necessarily contradict the good conduct in the Kingdom. One could also examine the motivations of the legislators. By refraining from mentioning Adalah in the law, the Saudi legislature is explicit in its intent. If Adalah was meant to be the same as the requirements for good conduct and reputation according to Sharia, then the framers would clearly mention it like what they have done in the Judicial Law concerning the requirement of eligibility. In that law, it was clearly stated that he who is appointed as a judge â€Å"shall have full judicial competence according to Sharia provisions†.8 In practice, the good conduct is a presumed quality in the arbitrator unless contrary is proven by who claims otherwise.9 Should the contrary be proven, it is supposed that the appointment of t he arbitrator is to be nullified in line with the Saudi Arbitration Law, which in turn exposes the arbitral award to challenge. There arises a question here concerning international arbitration and whether it is required for the arbitrator to be of good conduct and reputation within the criterion of the Saudi Law. This issue is addressed by adhering to the criteria of good conduct by the law, that which governs the arbitrator, as agreed upon by both parties in dispute. If the arbitrator is a Saudi national then the criteria of the Saudi Law is to be applied, if the arbitrator is from another state then that state’s criteria of good conduct is to be applied. This is due to the aim of the Saudi legislature from this requirement which is to issue a fair and correct award. Therefore, it is supposed to apply the law of the state of the arbitrator since it would be less contentious, more impartial and more appropriate barometer in determining the good conduct of its citizens. 1.1 L egal Capacity (Age of Puberty and Mental Ability) Sharia scholars agree that a judge or arbitrator should at least reach puberty and should be mentally able as well.10 They is based on the principle that the legal actions of immature and mentally ill persons - without the permission of their guardian - are not approved, and thus