Public-Private Partnerships Laws / Concession Laws

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As discussed in Legislative Assessment, a government may decide to enact a PPP law or a concession law for a number of reasons, such as to give priority 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.

International Guidelines

UNCITRAL Guidance on PPP/ Concession Laws 

The United Nations Commission on International Trade Law (UNCITRAL) has published a Legislative Guide on Privately Funded Infrastructure Projects in 2000. The purpose of the Guide is to assist in the establishment of a legal framework favorable to private investment in public infrastructure. The advice provided in the Guide aims at achieving a balance between the desire to facilitate and encourage private participation in infrastructure projects, on the one hand, and various public interest concerns of the host country, on the other. The Guide sets out suggested legislative language in its Model Legislative Provisions on Privately Financed Infrastructure Projects of 2003.

EBRD Core Principles for a Modern Concession Law

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. 

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.

Examples of PPP Laws

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 as well as summaries. 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 PPPLRC or by the donors who support the website.

To view and download the summaries, go to PPP Legal Framework Snapshots

Sub-Saharan Africa

Middle East and North Africa

East Asia and the Pacific

South Asia

Europe and Central Asia

Latin America and the Caribbean

North America

Further Reading and Resources

Note(s):

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 PPPLRC or by the donors who support the website. The PPPLRC accepts no responsibility or liability whatsoever with regard to the materials on this website. The materials are:

  • not necessarily comprehensive, complete, accurate or up to date;
  • sometimes linked to external sites over which the PPPLRC has no control and for which the PPPLRC assumes no responsibility;
  • reference materials for information ONLY. They should not be relied on as a substitute for specific legal advice (if you need specific legal advice, you should always consult a suitably qualified professional).

The goal of the PPPLRC 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 ppp@worldbank.org.

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Updated: January 18, 2022