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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.
The roles of the public and private sectors in the development of infrastructure have evolved considerably. In the 19th century, private companies, licensed by the government, developed many public services (energy, transport etc.); for most of the 20th century the trend was towards public provision of infrastructure and services, but in the later years a reverse trend towards private sector participation and competition was evident. This guide sets out recommended legislative principles designed to assist in the establishment of a framework favourable to privately financed infrastructural projects. The guide aims to achieve a balance between facilitating and encouraging private involvement in this field, and the various public concerns (such as continuity of service, health and safety, environmental protection).
Public-Private Partnerships Policy and Practice is a comprehensive reference guide on PPP theory and practice for senior policy-makers and other public sector officials in developing countries. The guide focuses on the key lessons learned - and emerging best practice - from successful and failed PPP transactions over the past thirty years. The guide avoids jargon and explains relevant concepts in non-specialist language. Key points are summarised at the beginning of each section and provide an overall high-level outline. References are provided throughout and at the end of each section to allow the reader to access further information on specific issues.
In view of the fact that public infrastructure, health and other services are being more consistently delivered through Public-Private Partnerships (PPPs) and concessions; this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers that PPPs have become increasingly prevalent following the financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many.
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.
Public Private Partnerships (PPPs) promise much and present an exciting policy option. Yet as this Handbook reveals there is still much debate about the meaning of partnership, and the degree to which potential advantages are in fact being delivered. In this timely Handbook, leading scholars from around the world explore the challenges presented by infrastructure PPPs, and contemplate what lies ahead as governments balance the need to provide innovative new infrastructure against the requirement for good public governance. This Handbook builds on a range of exciting theoretical lenses that span several disciplinary boundaries. It presents innovative insights and informed perspectives from an international base of empirical evidence. This essential Handbook will prove an invaluable reference work for academics, advanced post-graduate students and commentators of PPPs, as well as professionals, infrastructure regulators and government policy advisors.
at African public sector officials who are concerned about the delivery of infrastructure projects and services through partnership with the private sector, as well as staff in donor institutions who are looking to support PPP programs at the country-level." --Book Jacket.