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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…
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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…
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Tax Law and Taxation
A host country's tax laws can have a direct impact on the profitability of a public-private partnership project and so need to be considered by the potential service provider/ investor and the host…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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Telecommunications Universal Access / Universal Service
Universal access and universal service regimes aim to provide all citizens with access to critical telecommunications infrastructure and services.Universal access refers to the provision of publicly…
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Telecommunications Interconnection and Price Regulation
AlgeriaLegal frameworkIntercontection Conditions Decree 02-156 - Décret exécutif n° 02-156 du 26 safar 1423 correspondant au 09 mai 2002 : fixant les conditions d’interconnexion des réseaux et…
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Telecommunications Competition Policy
MoroccoMorocco Decree No. 2-05-772, 2005 on anticompetitive practicesThe National Telecommunications Regulatory Agency (ANRT) AustraliaTelecommunications Act 1997 with later amendments.Go to…
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General Telecommunications Framework (by Country)
East Asia and PacificAustraliaGeneral Telecommunication FrameworkAustralia Telecommunications Act 1997 - the Act distinguishes between:carriers, which are entities that own…
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Transport Policies Laws and International Agreements
Public-private partnerships (PPPs) in transport, whether roads, railways, light rail, buses, ports or airports, require a sound legal framework. The right for government authorities to enter into…
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Energy Laws and Regulations
General MaterialsWorld Bank Paper: Electrification and Regulation - Principles and a Model Law (pdf)World Bank/ PPIAF: Handbook For Evaluating Infrastructure Regulatory Systems (pdf)Materials…
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Managing Non-Technical Losses and Theft in Utility Contracts
Perhaps one of the greatest challenges in successfully operating a PPP related to utility services is to effectively deal with “non-technical losses” – a euphemism for theft – of utility services.…
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Procurement Laws
Role of International Financial InstitutionsMost international financial institutions, such as World Bank, the European Bank for Reconstruction and Development (EBRD) and the Inter-American…
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Concession and PPP Laws
Sub-Saharan AfricaAngolaPPP Laws/Concession Laws - AngolaBeninPPP Laws/Concession Laws - BeninBotswanaPPP Laws/Concession Laws - BotswanaBurkina FasoPPP Laws/Concession Laws - Burkina FasoBurundiPPP…
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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…
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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…