Library
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…
Library
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…
Library
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…
Library
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.
Article
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…
Article
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…
Article
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…
Article
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…
Article
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…
Article
Limitations on Freedom of Contract
The legal environment of a host country is likely to contain a number of restrictions on the parties' ability to contract freely and may also imply a number of provisions into the agreement. Civil…
Article
Risk of Legal Challenges to PPP Projects
It is important for both government and potential investors to consider early on in the project development the range of mechanisms for challenging the PPP arrangement and determining the risk of…
Article
Dispute Resolution Systems
It is important to understand what forms of legal redress will be available to the various parties involved in an infrastructure project. Foreign investors will be generally nervous about relying on…
Article
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…
Article
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…
Article
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…
Article
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…
Article
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…
Article
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…
Article
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…
Article
Labor and Employment Laws
A host country's labor laws and existing employment issues are relevant to all public-private partnership (PPP) projects. This is true whether an existing service with existing employees…
Article
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.…
Article
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…
Article
Key Features of Common and Civil Law Systems
Under Sources of Law we explained that some countries will apply greater weight to certain sources of law than others, and that some will put more emphasis on judicial decisions than others.There are…
Article
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…
Article
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…