Jellie Molino

University of Cambridge, Hughes Hall, Post-Doc

The George Washington University, Government Procurement and Environmental Law, Alumnus

Università degli Studi di Torino, Ph.D. Student in Law and Institutions, Alumnus

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Jellie Molino is a Senior Fellow at Hughes Hall College, University of Cambridge - https://www.hughes.cam.ac.uk/about/our-people/seniors-members/dr-jellie-molino/

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Remo Caponi

University of Cologne

John Haskell

The University of Manchester

Noe Cornago

University of the Basque Country, Euskal Herriko Unibertsitatea

Berk Demirkol

Galatasaray University

University of Trento

Carleton University

Indepac

The University of Texas at Austin

Armando Plaia

Università degli Studi di Palermo

Pietro Sirena

Università Bocconi

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Papers by Jellie Molino

Nondiscrimination

by Jellie Molino and Benedetta Siboni

Springer eBooks, 2023

The New Asian Development Bank Procurement Policy and Regulations: Promoting Innovation in Public Procurement in Asia?

Joint public procurement and innovation: lessons accross borders, 2019, ISBN 9782802763802, págs. 537-564, 2019

Integrity

Public Procurement and CSR

Encyclopedia of Sustainable Management, 2021

Smart public procurement; Social and responsible public procurement; Strategic public procurement... more Smart public procurement; Social and responsible public procurement; Strategic public procurement; Sustainable public procurement Description The link between public procurement and corporate social responsibility (CSR) is not something new. McCrudden (2006) had in fact argued on the "use of public procurement in the pursuit of CSR" more than a decade ago. He even traced its connection from social policies in the nineteenth century that integrated "social and environmental concerns in business operations" through, for example, the prohibition of child labor under the US Fair Labor Standards Act of 1938, and until the development of "CSR-supportive policies" in public procurement in the European Member States, for example, introduction of social clauses in government contracts (Belgium), inclusion of social and environmental consideration in public procurement contracts (French), and significant amount of green public procurement, that is, 40-70% of published tenders on Tenders Electronic Daily in 2004 (Austria, Finland, Germany, the Netherlands, Sweden, and the UK). Accordingly, public procurement, especially public procurement law, provides an excellent treatment on the subject matter of CSR, the level of government authority, and the place of performance of contract (McCrudden, as cited by Snider et al. 2013).

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Prequalification Processes (Clients Demanding of Potential Suppliers)

Encyclopedia of Sustainable Management

International Court of Justice Arbitral Award in the Case of the Republic of the Philippines v. the People’s Republic of China: A Daniel Come to Judgement?

SSRN Electronic Journal

On 26 July 2016, the Permanent Court of Arbitration at The Hague released the International Court... more On 26 July 2016, the Permanent Court of Arbitration at The Hague released the International Court of Justice Arbitral Award in the case of the Republic of the Philippines v. the People’s Republic of China upholding the “Submissions” made by the Philippines and invalidating China’s “nine-dash line.” Almost ten months thereafter, and in response to the decision of the present administration not to include the discussion of the said award in the agenda for the 30th ASEAN Summit and Related Meetings on April 26-29, 2017 in Manila, Philippines, the former Department of Foreign Affairs (DFA) Secretary Albert del Rosario, who led the Philippines in filing the arbitration case against China in the international tribunal, criticized the inaction of the present administration in “asserting the ruling of a United Nations-backed arbitral tribunal over the South China Sea.” "We cannot wait for a ‘better time’ to come — we must create that time ourselves lest that opportunity be lost forever," Del Rosario said in a speech during a South China Sea forum organized by Stratbase ADR Institute on 4 May 2017. Was the former DFA Secretary correct? Has the Philippines lost any opportunity that the said award had given it in exercising its rights over the South China Sea? What other options does the Philippines have on the issue, and how would this affect the implementation of the arbitral award? These are some of the questions that this paper tries to answer. More particularly, this tries to evaluate the Best Alternative To a Negotiated Agreement (BATNA), including WATNA (Worst Alternative To a Negotiated Agreement) of the Philippines arising from the said decision using the Social Impact Assessment Framework for Expanded Stakeholder Analysis.

GPA and the Philippines Likely or unlikely

Procurement Law Journal, 2019

Although the Republic of the Philippines (Philippines) has been a member of the World Trade Organ... more Although the Republic of the Philippines (Philippines) has been a member of the World Trade Organization (WTO) since 1995 and a member of the General Agreement of Tariff and Trade (GATT) since 1979, it is still not a party to the WTO Agreement on Government Procurement (GPA), the world’s leading agreement for opening public procurement markets. In March 2018, the WTO conducted its 5th review of the Philippines’ trade policies and practices. It noted the need for further procurement reforms and concerns with the market access conditions for foreign suppliers in public procurement. In order to gain a better understanding of the GPA, the Philippines submitted its request to become an observer in the Committee on Government Procurement (‘Committee’) on May 6, 2019, which was accepted by the Committee on 26 June 2019.
This paper analyzes the compatibility of the legal framework of public procurement in the Philippines with the provisions of the GPA using the WTO’s own Checklist of Issues for the Provision of Information Relating to Accession to the Revised Agreement on Government Procurement (Checklist). The paper also tries to identify the possible challenges on the accession of the Philippines to the GPA, and then recommends the strategies to encourage the Philippines, and presumably other developing nations that are members of the WTO, to consider joining the GPA.
In doing so, this paper is divided into two parts. Part I evaluates the applicability of the GPA text and coverage to government procurement regulation in the Philippines by analyzing how consistent the Philippines’ procurement laws and administrative policies are with the principles and procedures of the GPA (i.e. national treatment and non-discrimination). In assessing the Philippines’ procurement legislation however, the paper focuses narrowly on the eight (8) identified issues in the Checklist on accession to the GPA. Part II identifies the possible challenges that affect the decision of the Philippines to apply for accession to the GPA.
This paper concludes that accession to a plurilateral agreement such as the GPA does not only involve compliance with the GPA requirements, but also require the exercise of sufficient political will in doing so, not only of its members, but more so, of the acceding state. Hence, if the GPA members really intend to expand their membership to the WTO member states, more particularly to developing countries,17 the current members must focus their strategy on encouraging WTO member states to exercise their political will to participate in the achievement of institutional, legal, and trade harmonization through a GPA accession.

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Country-Report_philippines-2011.pdf

HEIs) in the Philippines implemented the principles of ICWIE based on the existing policies that ... more HEIs) in the Philippines implemented the principles of ICWIE based on the existing policies that are issued by CHED. Although "ICWIE" is a different concept from mere "international cooperation," "international practicum," or "twinning program;" still, the principles behind the formulation of these policies in the Philippines are in one way or another related to ICWIE at least for the purpose of ensuring that there will be "integration of classroom studies with learning through productive work experience in a field related to student's academic or career goals" 1 in the global arena.

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Drafts by Jellie Molino

Challenges and Opportunities for Cooperative Conservation under a Consent Decree with a Writ of Continuing Mandamus: Lessons Learned from the case of Taal Lake, Philippines

In 2004, the United States of America through then President George W. Bush has advanced the prot... more In 2004, the United States of America through then President George W. Bush has advanced the protection of the environment through cooperative conservation. 1 While "cooperative conservation" is rarely used in the environmental protection policies in the Philippines, the principle behind this concept,(i.e., collaborative activity among governmental entities, private for profit and non-profit institutions, other nongovernmental entities and individuals 2 to implement laws relating to the environment and natural resources 3) has been used by the Judiciary as one of the remedial measures to protect the environment through the issuance of a consent decree with a writ of continuing mandamus. This paper highlights how the issuance of a Consent Decree by the Court of Appeals of the Republic of the Philippines in the case of Agham Party List vs. the Department of Environment and Natural Resources (DENR), et.al. C.A. G.R. S.P. No. 20007, June 29, 2012 4 has implemented the principle of "cooperative conservation" in the protection of the Taal Lake from the negative effects of unregulated fish cage industry. Specifically, it presents the lessons learned from the challenges that the stakeholders have faced in promoting sustainability in the use of a protected area like the Taal Lake as an economic driver, while establishing the possible opportunities for a more sustainable use of the lake.

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"Arbitral Award in the Case of the Republic of the Philippines v. the People's Republic of China: A Daniel Come to Judgement i

On 26 July 2016, the Permanent Court of Arbitration at The Hague released the Arbitral Award in t... more On 26 July 2016, the Permanent Court of Arbitration at The Hague released the Arbitral Award in the case of the Republic of the Philippines v. the People's Republic of China upholding the "Submissions" made by the Philippines and invalidating China's "nine-dash line." Almost ten months thereafter, and in response to the decision of the present administration not to include the discussion of the said award in the agenda for the 30 th ASEAN Summit and Related Meetings on April 26-29, 2017 in Manila, Philippines, the former Department of Foreign Affairs (DFA) Secretary Albert del Rosario, who led the Philippines in filing the arbitration case against China in the international tribunal, criticized the inaction of the present administration in "asserting the ruling of a United Nations-backed arbitral tribunal over the South China Sea." ii "We cannot wait for a 'better time' to come-we must create that time ourselves lest that opportunity be lost forever," Del Rosario said in a speech during a South China Sea forum organized by Stratbase ADR Institute on 4 May 2017. iii Was the former DFA Secretary correct? Has the Philippines lost any opportunity that the said award had given it in exercising its rights over the South China Sea? What other options does the Philippines have on the issue, and how would this affect the implementation of the arbitral award? These are some of the questions that this paper will try to answer. More particularly, this will try to evaluate the Best Alternative To a Negotiated Agreement (BATNA), including WATNA (Worst Alternative To a Negotiated Agreement) of the Philippines arising from the said decision using the Social Impact Assessment Framework for Expanded Stakeholder Analysis.

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Nondiscrimination

by Jellie Molino and Benedetta Siboni

Springer eBooks, 2023

The New Asian Development Bank Procurement Policy and Regulations: Promoting Innovation in Public Procurement in Asia?

Joint public procurement and innovation: lessons accross borders, 2019, ISBN 9782802763802, págs. 537-564, 2019

Integrity

Public Procurement and CSR

Encyclopedia of Sustainable Management, 2021

Download

Prequalification Processes (Clients Demanding of Potential Suppliers)

Encyclopedia of Sustainable Management