The new section on 'Impacts of PPPs on Gender Inclusion' is now available in draft form.
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As discussed in Legislative Assessment, a govenrment may decide to enact a PPP law or a concession law for a number of reasons, such as to give prioirty to a process of developing, procuring and reviewing PPP projects that will take priority over sector laws, or to establish a clear institutional framework for developing, procuring and implementing PPPs. PPP laws can also be used to close gaps in the laws of a host country may need to allow for successful infrastructure PPP projects, such as enabling the grant of step-in rights to lenders and requiring open and fair procurement processes. These modifications may be embodied in sector-specific law, or in the case of procurement, a procurement or competition law, or the can be included in a general concession or PPP law. This site includes links to guidance on drafting PPP/ Concession laws and sample enacted PPP laws.
While guidance and examples can be useful, each PPP/ concession law needs careful drafting to be consistent with the host country's existing laws. Legal draftsmen need to strike a balance between setting ground rules that encourage transparency and imposing general restrictions that may hinder bidding teams from achieving value for money or sensible solutions when bidding out PPP projects.
The European Bank for Reconstruction and Development (EBRD) defined a set of core principles for a modern concession law as legislative guidelines (English French and Russian). The Legal Transition Group of the EBRD prepared the paper EBRD Core Principles for a Modern Concessions Law - selection and justification of principles which explains each of the principles.
The OECD Principles for Public Governance of Public-Private Partnerships provide concrete guidance to policy makers on how to make sure that Public-Private Partnerships (PPP) represent value for money for the public sector.
Set out below are links to examples of PPP/ Concession Laws enacted in various countries. Attached for information are also some links to commentaries prepared by third parties. The inclusion of these publications does not mean that they or their authors are in any way approved or endorsed by the World Bank, the PPPIRC or by the donors who support the website.
Commentary: Public-Private Partnerships in Angola, by Clifford Chance, April 2011.
Commentary: The Public-Private Partnership Law Review, Chapter 2: Australia, Allens, Law Business Research, April 2015
Commentary: Brazil PPP law commentary: Spotlight on Brazil: Brazil Launches New PPP Law, by Jacques Cook, March 2006. The article discusses the recently enacted PPP Law in Brazil and explains how it offers the opportunity to stimulate lagging private investment in social and infrastructure projects in the country.
Commentary: The Public-Private Partnership Law Review, Chapter 5: Canada, Fasken Martineau, Law Business Research, April 2015
Commentary: Public-Private Partnerships in Croatia by J. Madir and K. Vrana, EBRD.
PPP in France - 2006, Linklaters, 2006
The Public-Private Partnership Law Review, Chapter 8: Ireland, Maples and Calder, Law Business Research, April 2015
See also: Madagascar - Procurement Law
Further guidance materials as well as laws and regulations on the state level are available on the website of Programa para el Impulso de Asociaciones Público-Privadas en Estados Mexicanos (PIAPPEM).
Lei nº 15/2011 de Parcerias Público-Privadas (PPP Law) of 2011 (Portuguese)
Commentary: The Public-Private Partnership Law Review, Chapter 12: Philippines, SyCip Salazar Hernandez & Gatmaitan, Law Business Research, April 2015
Commentary: Puerto Rico Enacts Broad Public-Private Partnership Statute, Allen & Overy, 14 October 2009
United Kingdom Treasury:
The Public-Private Partnership Law Review, Chapter 15: United States, Kilpatrick Townsend, Law Business Research, April 2015
Public-Private Partnerships for Public Facilities - Legislative Resource Guide, American Institute of Architects (AIA), November 2014. The Legislative Resource Guide was developed for juristidictions in the United States. It provides important elements in a successful PPP law.
“New PPP Decree is Released in Vietnam” ,Hogan Lovells, March 2015
The inclusion of or reference to any materials on this website does not mean that they are in any way approved, endorsed or recommended by the World Bank, the PPPIRC or by the donors who support the website. The PPPIRC accepts no responsibility or liability whatsoever with regard to the materials on this website. The materials are:
The goal of the PPPIRC is to keep the information on this website timely and accurate. If errors are brought to our attention, we will try to correct them. Please contact us at email@example.com.