Uncitral Legislative Guide On Public Private Partnerships

The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.

The roles of the public and private sectors in the development of infrastructure have evolved considerably. In the 19th century, private companies, licensed by the government, developed many public services (energy, transport etc.); for most of the 20th century the trend was towards public provision of infrastructure and services, but in the later years a reverse trend towards private sector participation and competition was evident. This guide sets out recommended legislative principles designed to assist in the establishment of a framework favourable to privately financed infrastructural projects. The guide aims to achieve a balance between facilitating and encouraging private involvement in this field, and the various public concerns (such as continuity of service, health and safety, environmental protection).

This guidebook offers training modules for the promotion of public-private partnerships in the delivery of public services. PPPs in theory are supposed to combine the best of both worlds. The private sector with its resources, management skills and technology; and the public sector with its regulatory actions and protection of the public interest provide a balance in delivering public service. PPPs though are also complex in nature, requiring different types of skills and new enabling institutions and they lead to changes in the status of public sector jobs. To work well, they require "good governance", that is, well-functioning institutions, transparent, efficient procedures and accountable and competent public and private sectors. This guidebook therefore seeks to elaborate best practice and is aimed at policymakers, government officials and the private sector.

The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.

Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.

at African public sector officials who are concerned about the delivery of infrastructure projects and services through partnership with the private sector, as well as staff in donor institutions who are looking to support PPP programs at the country-level." --Book Jacket.

The purpose of this guide is to enhance the chances of effective partnerships being developed between the public and the private-sector by addressing one of the main obstacles to effective PPP project delivery: having the right information on the right projects for the right partners at the right time.