Fundamental Principles In Ppp Laws
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Author | : Reinaldo Fioravanti |
Publisher | : Inter-American Development Bank |
Total Pages | : 267 |
Release | : 2019-05-07 |
Genre | : Business & Economics |
ISBN | : |
Investment in infrastructure is, admittedly, one of the main forms of economic development. Traditionally, the Public Administration implements infrastructure projects committing taxpayers’ money to finance them. For the past decades, demand for infrastructure has been growing steadily, but public funds for current and future needs are limited and the public finances of many governments have increasingly reached a point where long-term borrowing is not a ready option. In a recent study, GI Hub estimated the cumulative ‘global infrastructure need’ from 2015 to 2040, and the ‘investment gap’ for the period. US$ 94 trillion would be needed in investment and the gap is US$ 15 trillion . This has led the government to accept the growing importance of the private sector participation in the financing and management of infrastructure projects, so it began seeking alternative methods of procurement. One method whose applicability is increasing is the use of public-private partnerships (PPPs) to finance and/or manage infrastructure projects. In this regard, well-prepared infrastructure projects can generate high social rate of returns and improves well-being, whereas inadequate infrastructure represents a barrier to growth and improved quality of life and can lead to unsustainable financial burdens for the government, especially in developing countries. Although not all infrastructure is suitable to follow the PPP route, those policy-makers that choose to shift from public infrastructure financing to private partner have to consider the nature and motivations of long-term investors and the generation of value for money as well, that is, to align the interests of both the public and private sectors. With the participation of a private partner in well-prepared investment projects, there may be larger investments and the population’s life quality improvement. Also, PPPs are a way to introduce private sector technology and innovation into providing better public services through innovative planning and design’ and ‘efficient project management. Building and maintaining infrastructure are essential for economic expansion and social development, if delivered efficiently and effectively, it can translate into economic growth. However, the world is not spending enough on infrastructure to catch up with technological changes, urbanization and shifting demographics. The Inter-American Bank (IDB) and the Global Infrastructure Hub (GIH) decided to analyze and carry out a research on the legal framework for PPPs in Latin America and the Caribbean Region to establish guidelines on PPP law leading practices.
Author | : United Nations |
Publisher | : |
Total Pages | : 300 |
Release | : 2020-12-28 |
Genre | : Political Science |
ISBN | : 9789211303995 |
The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.
Author | : E. R. Yescombe |
Publisher | : Elsevier |
Total Pages | : 357 |
Release | : 2011-04-01 |
Genre | : Business & Economics |
ISBN | : 0080489575 |
Over the last decade or so, private-sector financing through public-private partnerships (PPPs) has become increasingly popular around the world as a way of procuring and maintaining public-sector infrastructure, in sectors such as transportation (roads, bridges, tunnels, railways, ports, airports), social infrastructure (hospitals, schools, prisons, social housing) public utilities (water supply, waste water treatment, waste disposal), government offices and other accommodation, and other specialised services (communications networks or defence equipment). This book, based on the author's practical experience on the public- and private-sector sides of the table, reviews the key policy issues which arise for the public sector in considering whether to adopt the PPP procurement route, and the specific application of this policy approach in PPP contracts, comparing international practices in this respect. It offers a systematic and integrated approach to financing PPPs within this public-policy framework, and explains the project-finance techniques used for this purpose. The book deals with both the Concession and PFI models of PPP, and provides a structured introduction for those who are new to the subject, whether in the academic, public-sector, investment, finance or contracting fields, as well as an aide memoire for those developing PPP policies or negotiating PPPs. The author focuses on practical concepts, issues and techniques, and does not assume any prior knowledge of PPP policy issues or financing techniques. The book describes and explains:* The different types of PPPs and how these have developed* Why PPPs are attractive to governments* General policy issues for the public sector in developing a PPP programme* PPP procurement procedures and bid evaluation* The use of project-finance techniques for PPPs* Sources of funding* Typical PPP contracts and sub-contracts, and their relationship with the project's financial structure * Risk assessment from the points of view of the public sector, investors, lenders and other project parties* Structuring the investment and debt financing* The key issues in negotiating a project-finance debt facility. In addition the book includes an extensive glossary, as well as cross-referencing.*Reviews the PPP policy framework and development from an international perspective*Covers public- and private-sector financial analysis, structuring and investment in PPPs*No prior knowledge of project financing required
Author | : |
Publisher | : |
Total Pages | : 48 |
Release | : 2005 |
Genre | : Community development, Urban |
ISBN | : |
Author | : United Nations. Economic Commission for Europe |
Publisher | : |
Total Pages | : 108 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : |
This guidebook offers training modules for the promotion of public-private partnerships in the delivery of public services. PPPs in theory are supposed to combine the best of both worlds. The private sector with its resources, management skills and technology; and the public sector with its regulatory actions and protection of the public interest provide a balance in delivering public service. PPPs though are also complex in nature, requiring different types of skills and new enabling institutions and they lead to changes in the status of public sector jobs. To work well, they require "good governance", that is, well-functioning institutions, transparent, efficient procedures and accountable and competent public and private sectors. This guidebook therefore seeks to elaborate best practice and is aimed at policymakers, government officials and the private sector.
Author | : Veronica Vecchi |
Publisher | : Springer Nature |
Total Pages | : 167 |
Release | : 2021-03-17 |
Genre | : Political Science |
ISBN | : 3030654354 |
By merging public and private tangible and intangible capitals, Public Private Partnerships contracts (PPP) are fundamental to generate public value and to support economic and social development; in the aftermath of Covid-19 pandemic, they prove critical to pave the way for the recovery. This book is intended to support the co-evolution of the main public and private players involved in PPP contracts for infrastructure and service delivery, by providing principles, based on the academic and professional experience of the authors, that can be applied across sectors and jurisdictions. Drawing on the framework of public-private collaborations at macro, meso and micro level, this book provides a practical perspective on the most relevant legal, financial and contractual issues of PPP contracts for infrastructure and service delivery.
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.
Author | : E. R. Yescombe |
Publisher | : Academic Press |
Total Pages | : 575 |
Release | : 2013-11-13 |
Genre | : Business & Economics |
ISBN | : 0124157556 |
The Second Edition of this best-selling introduction for practitioners uses new material and updates to describe the changing environment for project finance. Integrating recent developments in credit markets with revised insights into making project finance deals, the second edition offers a balanced view of project financing by combining legal, contractual, scheduling, and other subjects. Its emphasis on concepts and techniques makes it critical for those who want to succeed in financing large projects. With extensive cross-references and a comprehensive glossary, the Second Edition presents anew a guide to the principles and practical issues that can commonly cause difficulties in commercial and financial negotiations. - Provides a basic introduction to project finance and its relationship with other financing techniques - Describes and explains: sources of project finance; typical commercial contracts (e.g., for construction of the project and sale of its product or services) and their effects on project-finance structures; project-finance risk assessment from the points of view of lenders, investors, and other project parties; how lenders and investors evaluate the risks and returns on a project; the rôle of the public sector in public-private partnerships and other privately-financed infrastructure projects; how all these issues are dealt with in the financing agreements
Author | : OECD |
Publisher | : OECD Publishing |
Total Pages | : 145 |
Release | : 2008-05-21 |
Genre | : |
ISBN | : 9264046739 |
This book highlights good practices and summarises what countries should consider before entering into public-private partnerships (PPPs).
Author | : Edward Farquharson |
Publisher | : World Bank Publications |
Total Pages | : 200 |
Release | : 2011-01-14 |
Genre | : Business & Economics |
ISBN | : 0821385526 |
The purpose of this guide is to enhance the chances of effective partnerships being developed between the public and the private-sector by addressing one of the main obstacles to effective PPP project delivery: having the right information on the right projects for the right partners at the right time.