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The search returned 8 results.

Public-Private Partnerships with No Contractual Base Case: journal article

Adjusting for the Impacts of Covid-19

António Martins

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 40 - 49

The purpose of this article is to discuss a method for compensating a private concessionaire for cash flow losses related to Covid-19 suffered in 2020 and 2021. The analysis is based on a public-private partnership (PPP) set up to exploit surface parking lots, signed between a Portuguese municipality and a private corporation. The contract has no financial base case. The article concludes that a base case is not an obstacle to calculate this type of compensation, that the previous performance of the contractor is a reasonable basis to estimate losses and the forecasts extending to 2026 are a good schema with which to estimate the extension of the concession period claimed by the Petitioner. The arbitration court deciding the corporation’s claim has valid reasons for an equitable decision. Keywords: public-private partnerships; Covid-19 losses; financial base case; Portugal


Preventing Plastic Pollution with a Global Plastic Treaty and Public-Private Partnership for the Climate journal article

Sarah Maria Denta

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 4, Page 211 - 220

Reducing the use of plastic is essential because plastic production involves an enormous use of energy and resources, which results in a high amount of carbon emissions that contribute to global warming. This article focuses on regulations concerning plastic, particularly, the coming global Plastic Treaty, which the UN is expected to adopt in 2024. The article argues that regulation will not be enough to solve the issue of plastic pollution; innovative and alternative solutions are necessary. The article further suggests public-private partnerships for the climate as a way of supporting the coming Plastic Treaty. Keywords: Global Plastic Treaty; plastic pollution; public-private partnerships for the climate; Resolution End Plastic Pollution; United Nation’s sustainable development goal; United Nations Environment Assembly


Opportunities and Challenges for Foreign Undertakings in China’s PPPs Market journal article

Tongle Si

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 33 - 43

Public-private partnerships (PPPs) refer to arrangements between the public sector and the private sector, in which they share rewards, responsibilities and risks. PPPs are mainly used to deliver infrastructure and public services. In the recent decade, China has witnessed rapid growth in both the number and investment scale of PPPs projects. With the promotion of sustainable development in the 13th Five-Year Plan, the Chinese government starts to take sustainability into considerations when carrying out PPPs projects. Different from traditional command-and-control measures that impose explicit policy orders on private sectors, PPPs function as a market-based instrument (MBI) that gives private sectors a nudge stimulating their innovation in the market competition. In China's PPPs market, the proportion of foreign investment has been declining in recent years. The 14th Five-Year Plan released in early 2021 emphasises the importance of involving foreign investors to realise sustainable development goals in the coming five years. The Chinese government has released supplementary rules to strengthen the confidence of foreign investors in Chinese PPPs projects. This article sorts out current regulations that directly affect foreign companies’ participation in China’s PPPs projects, further exploring both opportunities and challenges for foreign companies to compete in China’s PPPs market. Keywords: public-private partnerships, PPPs, foreign direct investment, FDI, sustainable development, China


Re-Contextualising and Re-Defining Public-Private Partnerships journal article

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 305 - 317

The fact that there is limited agreement on the exact nature of Public-Private Partnerships (PPPs) has led to variations in the way the concept has been defined or even understood. This paper looks at the several reasons for the multitude of meanings given to the concept. Also, PPPs have continued to evolve over the years and after four decades of infrastructure PPPs in its present form, there is now an empirical and therefore better understanding of what PPPs are capable of delivering and what is truly beyond the concept. Based on this knowledge, the paper advises on how the concept should shape up in the future. Keywords: public-private partnerships, PPP, Private Finance Initiative, infrastructure


Public-Private Partnership for the Climate: journal article

From a Plastic Pollution Perspective

Sarah Maria Denta

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 318 - 328

In March 2020, the EU announced that it should be climate neutral by 2050. In order to achieve this goal, multiple regulations will be necessary. However, this article argues that regulation will not be enough. Rather, the EU should work towards stronger partnerships and more cooperation between public and private parties. This article presents a kind of partnership that is called a Public-Private Partnership for the Climate – a partnership in which the parties (public and private) work towards achieving the EU´s ambitious climate goals. The climate and handling climate change are the focal points in Public-Private Partnerships for the Climate. Keywords: Public-private partnerships for the climate, People first PPPs, Thailand, Public-Private Partnership for Plastic and Waste Management, partnerships, climate law, EU Climate Law Regulation, plastic pollution, cooperation


The Value of the Value for Money Principle: journal article

From a Public Private Partnership Perspective

Christina D. Tvarnø

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 282 - 291

The article concerns Public Private Partnerships and the value for money principle. The article presents an analysis of the British value for money principle, the lack of similar principle in the EU public procurement law and the importance of value for money in regard to Public Private Partnerships. This article does not question the key principles of transparency, equal treatment, proportionality, non-discrimination, and competition but discusses the value for money as a relevant legal instrument in regard to Public Private Partnerships in EU public procurement law. Keywords: Public Private Partnerships, value for money, public procurement law, Britain, EU law


Legal Remedies for Public Private Partnerships in China journal article

Ziwei Zhang

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 216 - 224

Although improving the quality and efficiency of public services, Public Private Partnerships (PPPs) are vulnerable to risks and disputes. Therefore, establishing effective legal remedies is of great significance to PPPs. In China, the existing regulations of remedies for PPPs have some problems, eg regarding aspects of the remedies’ subjects, triggering conditions, and methods. To improve PPPs’ legal remedies, the remedies’ subjects and triggering conditions should be broadened, the remedies’ methods should be reformed, and the applicable legal framework should be further improved. Keywords: public private partnerships, public procurement law, dispute resolution, legal remedies, China


Legal Analysis of State Support in Public Private Partnerships in Turkey journal article

Bahar Bayazıt

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 209 - 215

Public-Private Partnerships (PPPs) became an important part of public service delivery in Turkey as many of the infrastructures are built via PPP models, even though there is a lack of harmonised and unified PPP legislation. State support is given to project companies in order to reduce the assumed risks and consequently ensure the value for money in PPPs. Even though state supports are expected to be a balancing mechanism so as to realize value for money in the projects, state support is given and paid to project companies so far in Turkey shows that they are used in order to attract the private sector into PPP projects rather than ensuring value for money. Keywords: guarantees, public private partnerships, State support, value for money, Turkey

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