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Developing Insurance Markets: The Insurance Sector’s Contribution to the Sustainable Development Goals
The paper has a twofold purpose. First, to help regulators and insurance policymakers in emerging markets make the case for supporting insurance market development through drawing more attention to…
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Principles for Effective Insolvency and Creditor/Debtor Regimes
Effective creditor and debtor rights and insolvency systems are an important element of financial system stability. The World Bank Group accordingly has been working with partner organizations to…
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PPP Regulatory Guidelines Collection
Sound PPP legal frameworks and policies are of paramount importance for the development of the PPP sector, and the EBRD PPP Regulatory Guidelines Collection (hereinafter the EBRD PPP Guidelines) is a…
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Due Diligence Checklist for Legal and Institutional Enabling Environment for PPP Issues
Issues that may need to be considered regarding legal and institutional enabling environment of a country contemplating a PPP program.
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Insolvency Laws
Why Insolvency Law Matters for Infrastructure ProjectsWhen considering financing for any infrastructure project, all parties involved must understand the host country’s insolvency laws. To attract…
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Health and Safety Laws
Health and safety laws vary considerably from country to country, and there is a trend towards greater focus on safety in the workplace – particularly on construction sites.A host country, when…
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Environmental and Engineering Standards
Engineering StandardsA duty to operate in accordance with "good industry standards", for example in the toll road industry, means:to act according to those practices, methods, techniques and…
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Availability and Terms of Insurance
Infrastructure projects carry a number of risks and potential liabilities that are typically covered by insurance. The availability of insurance coverage, and the terms of such coverage, will differ…
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PPPs in Civil Law Systems
Rights of contracting authority that may override contractual provisionsRight of unilateral modification - The contracting authority may, as in France, have the right to modify aspects of the…
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Limitations on Freedom of Contract
Limits on Damages and CompensationThe laws of some countries, such as England, require that any damages that may be recovered for breach of the contract or other obligations should be limited to the…
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Risk of Legal Challenges to PPP Projects
Possibility of Challenges to the PPP Arrangements on Public Interest GroundsSome jurisdictions have a procedure allowing interested citizens to bring litigation on public interest grounds (Public…
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Dispute Resolution Systems
Judicial SystemThe following need to be considered to determine whether the court system of the host country is a suitable venue for resolution of disputes between the contracting parties, and also…
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Foreign Investors Restrictions and Currency Exchange Controls
Restrictions on Ownership of Companies by Foreign InvestorsWhen structuring the project company for any PPP project, particular attention should be paid to laws in the host country which may limit…
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Lender Protections and Government Support in PPPs
Taking SecurityIs it possible to take security over the project assets and/ or the land on which they are built?Is it possible to take security/ a pledge over shares? If so, do potential liabilities…
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Tariff Setting and Funding Constraints
The operator and any other investors or lenders will want to ensure the stability of income from the PPP project and, where relevant, the expected return on capital and new investment.If the income…
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Procurement Restrictions
The laws in the particular country or a regional grouping (for example the European Union) may require that before a PPP project can proceed, particularly where powers and duties of a public entity…
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The Impact of Government Organization on PPP Projects
PPP Approval, Award, and RegulationThe interface between the government and the service provider is key to the success of PPP projects. Government involvement is important both at the planning and…
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Limitations in the Existing Legal Environment
A Government wishing to implement a PPP program or arrangement will need to consider early on in the project development whether there are any aspects of the existing legal environment of the host…
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Sources of Law
Constitution/CodeA country's Constitution is a set of fundamental ground rules setting out the powers of the different branches of government (i.e. executive, legislative and judicial ) and how these…
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Labor and Employment Laws
Existing Employees of Awarding AuthorityAre existing employees of the public entity to continue working on the facility that is being outsourced to the PPP company?Is it possible to transfer…
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Legal Environment
When a government embarks on an infrastructure program or project, it is crucial to thoroughly evaluate the host country's legal environment and the broader context in which PPPs operate.…
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Addressing Legal Constraints
Following a review of issues in the legal environment of the host country that may have an impact on the scope of the proposed PPP program or project, the government needs to determine whether it is…
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Key Features of Common and Civil Law Systems
Common Law SystemCountries following a common law system are typically those that were former British colonies or protectorates, including the United States.Features of a common law system include:…
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Land, Environmental and Social Issues
Land Rights and AcquisitionEstablishment of rights and title over, and use of, land is key to infrastructure projects where a private service provider is investing in assets attached to land and…
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PPP Legal Foundations - Further Reading
For users seeking deeper insight into PPP legal systems and institutional structures, the following resources provide authoritative guidance, comparative analysis, and global best practices.Further…