Legal Framework/ Enabling Environment Assessment for PPPs

Legal Systems - Overview

• Sources of Law
• Key Features of Common Law or Civil Law Systems
• Key Issues in Civil Law systems that may impact PPP arrangements
• Finding Solutions to Constraints in the Host Country's Legal Environment

Further Reading

World Bank Guidance on PPP Legal Frameworks

This report explains how to establish a PPP legal framework that will facilitate successful PPP project development, procurement and delivery in a way that takes into account the characteristics of the relevant jurisdiction. Prepared by the World Bank. 

• World Bank Guidance on PPP Legal Frameworks

ALSF on Legal and Institutional Frameworks in Africa

The African Legal Support Facility, ALSF, has developed a new tool, published in 2024, that provides a comparative and comprehensive analysis of the existing African legal and institutional PPP frameworks.

• Legal & Institutional Frameworks in Africa: A comparative analysis

PPP Reference Guide

The Reference Guide provides the most relevant examples and resources on key PPP topics and helps readers navigate the substantial body of knowledge that has been generated across the world by practitioners from governments, international development institutions, academia, and the private sector. 

• PPP Reference Guide

Standard on Public-Private Partnerships / Concession Legal Framework in support of the Sustainable Development Goals and its Accompanying Guide

The purpose of this Standard is to establish a legal framework for Public-Private Partnerships (PPPs) aimed at achieving the Sustainable Development Goals (SDGs). This framework will govern the contracts that implement these partnerships, including the rules and procedures for their selection, preparation, appraisal, procurement, and implementation.

• Standard on Public-Private Partnerships / Concession Legal Framework in support of the Sustainable Development Goals and its Accompanying Guide

UNCITRAL 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 provides background information to enhance understanding of the legislative recommendations.

• Legislative Guide

Evaluating the Legal Environment

Read more at Evaluating the Host Country's Legal Environment. Set out below are some of the key questions regarding the host country's Legal Environment that need to be asked when a Government is embarking on an infrastructure program or project: