Transport Policies Laws and International Agreements

International Transport Agreements

• A Review of International Legal Instruments - Facilitation of Transport and Trade in Africa (Les instruments juridiques internationaux de facilitation du transport et du commerce en Afrique), second edition, Jean Grosdidier de Matons, Sub-Saharan Africa Transport Program (SSATP), March 2014 (English and French)
• International UNECE Transport Agreements and Conventions - The UN Economic Commission for Europe (UNECE) guides the process of harmonizing and simplifying border crossing procedures for the various modes of inland transport and provides an overview of international UNECE Transport Agreements on its website.

Laws for Ports

Public-private partnerships (“PPPs”) in ports have become a means to manage port operations more effectively, as well as to develop new port infrastructure, traditionally both exclusively government functions. See Public Private Partnerships in Ports / Port Reform.

Traditionally, airports were owned, managed and operated by governments but there has been a worldwide trend towards increasing private sector involvement to varying degrees, including through the use of public-private partnerships. See Public-Private Partnerships in Airports

Railway Laws and Regulations

The Transport (Railway Infrastructure) Act 2001 is relevant to PPPs in Ireland because it facilitates private sector participation in the development of the rail sector in Ireland. The Act establishes the Railway Procurement Agency (RPA), which is an independent statutory public body with responsibility for procuring new metro and light rail infrastructure and services through public private partnerships, joint ventures or other means, as determined by the Minister for Transport. For additional PPP legislation in Ireland, visit the Irish Government Public Private Partnership (PPP) website.

When private participation in a PPP railway project is envisaged, the applicable regulatory framework must be considered. Laws and regulations that can affect PPP projects in the railway sector may deal with railway safety, environmental and technical standards, private sector participation, track access, cross-border traffic, the administration of the railways and competences of railway authorities. Find more.

Laws for Roads and Highways

When considering to engage the private sector into road projects, the host country’s legal and regulatory framework needs to be examined. Specific laws may be required to allow the public sector to contract with private parties to perform functions normally undertaken by the government and existing sector-specific policies, laws and regulations will also have a significant bearing on the structuring of a public-private partnership (PPP) road project (e.g. laws and regulations governing the right of the private operator to charge users). Bilateral or multilateral international transport agreements can become relevant for cross-border road projects. 

A key issue for road PPPs is determining how the concessionaire will be compensated and who will bear the traffic and revenue risks. Visit the Public-Private Partnerships in Roads section to learn more or for sample laws and tolling policies related to road, highway, and bridge infrastructure projects.