The present Model Legislative Provisions were prepared by the United Nations Commission on International Trade Law (UNCITRAL) as an addition to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects.
The following pages contain a set of general recommended legislative principles entitled “legislative recommendations” and model legislative provisions (the “model provisions”) on privately financed infrastructure projects. The legislative recommendations and the model provisions are intended to assist domestic legislative bodies in the establishment of a legislative framework favourable to privately financed infrastructure projects. They are followed by notes that offer an analytical explanation of the financial, regulatory, legal, policy and other issues raised in the subject area. The reader is advised to read the legislative recommendations and the model provisions together with the notes, which provide background information to enhance understanding of the legislative recommendations and model provisions.
The legislative recommendations and the model provisions consist of a set of core provisions dealing with matters that deserve attention in legislation specifically concerned with privately financed infrastructure projects.
The model provisions are designed to be implemented and supplemented by the issuance of regulations providing further details. Areas more suitably addressed by regulations rather than statutes are identified accordingly. Moreover, the successful implementation of privately financed infrastructure projects typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative
structures and practices, organizational capability, technical, legal and financial expertise, appropriate human and financial resources and economic stability.
It should be noted that the legislative recommendations and the model provisions do not deal with other areas of law that also have an impact on privately financed infrastructure projects but on which no specific legislative recommendations are made in the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects.* Those other areas of law include, for instance, promotion and protection of investments, property law, security interests, rules and procedures on compulsory acquisition of private property, general contract law, rules on government contracts and administrative law, tax law and environmental protection and consumer protection laws. The relationship of such other areas of law to any law enacted specifically with respect to privately financed infrastructure projects should be borne in mind.
Tracking Number: UNCITRALModelLegislative_2004_English