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Keyword: public private partnership

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Legal Analysis of the Procurement of Privately Financed Infrastructure Projects in Nigeria journal article

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 285 - 292

As Nigeria expands the use private sector led procurement mechanisms, like Public-Private Partnerships (PPPs), Joint Ventures and privatization for the delivery of infrastructure projects, one of the contentious issues has been the appropriate legal framework for the procurement of these infrastructure projects as there are a number of conflicting legislations that regulate these transactions. Also, issues have arisen in determining the rightful agencies responsible for such procurements as disputes and infighting have occurred amongst the different institutions created by enabling legislations. There exist multiple laws, regulations and guidelines and even applicable processes for dealing with issues like unsolicited proposals. This has led to manifest uncertainties and impairs the credibility of the process. This paper attempts to resolve some of these issues and distil the appropriate procurement rules for delivering private sector financed infrastructure projects.

State Support under PPP journal article

New Challenges in the Context of the UN Sustainable Development Goals

Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 326 - 337

In recent years, the attitude toward the Public-Private Partnership (PPP), its role in infrastructure development and in overcoming inequalities in the world is constantly changing. New challenges, in particular those related to the approval of the UN Sustainable Development Goals 2030, require the use of new approaches to the implementation of projects involving private business. Completely new models of public-private partnership are emerging, for example, the ‘People First PPPs’ actively promoted by the UNECE. All these circumstances break the longstanding understanding of the role of public authorities, private business and the society in the framework of PPPs in relation to ensuring sustainable development in the world and require the expansion of rights and responsibility to people of partners in PPP projects, including for the achievement of the national indicators of SDGs. One of the important tasks in this area is the improvement of approaches to State support under PPP. To resolve this task a revision / clarification of the forms of such support as well as its principles and conditions should be provided. This paper analyses the problems that exist in this area in the transition-economy countries based on the experience of Ukraine and contains the author’s recommendations on how some of these problems could be resolved. Keywords: Public-Private Partnership (PPP); State support under PPP; State aid; People First PPPs; State guarantees under PPP; Availability Payments.

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