Legal and regulatory framework for public-private partnerships in infrastructure development: A case study of three African models and core international frameworks / Adekilekun Mubarak Tijani

Tijani, Adekilekun Mubarak (2014) Legal and regulatory framework for public-private partnerships in infrastructure development: A case study of three African models and core international frameworks / Adekilekun Mubarak Tijani. PhD thesis, University Malaya.

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    Abstract

    In most developing countries, the provision and supply of public infrastructures and services were, until recently, under the total control of the public authorities. However, because of inefficiencies, corruption, lack of skills and technical knowhow that had plagued, and in fact still continue to plague, the provision and supply of public infrastructure through the traditional public procurement model, as well as the need to harness private capital and expertise, the governments of these countries began to divest themselves of their monopoly in the provision and supply of infrastructures. This paradigm shift from ‘government providing’ to ‘government enabling’ approach necessitates the smart synergy of Public-Private Partnerships (PPPs). Far more importantly, PPPs also serve as a catalyst for socialeconomic development for the country. In recognition of the vital role that PPPs could play in nation’s infrastructure development, governments, especially of the more progressive developing countries have put in place policies and have embarked on enacting legislations with the aim of regulating PPPs in their respective jurisdictions. These laws seek to ensure transparency, accountability and a level playing field between the government and the private sector partners. This thesis, therefore, examines the existing legislative framework in Ghana, Nigeria and South Africa as well as the core international frameworks with the aim of making specific recommendations for each of the jurisdictions examined as well as recommending a model regulatory framework for developing countries intending to adopt PPPs to mend their infrastructure deficits. This study adopted a qualitative method of legal research which involved both empirical and library-based study. The study demonstrates that generally speaking the current legislative framework of South Africa is by far more comprehensive than that of either Ghana or Nigeria v and, hence, can well serve as a national PPP framework for other developing countries subject to some changes and adjustments to suit the local conditions and circumstances. The study also concludes that there is an urgent need to review and revise the UNCITRAL Law on Privately Financed Infrastructure Projects so as to better serve as an international legislative model or instrument on PPPs.

    Item Type: Thesis (PhD)
    Additional Information: Thesis (Ph.D.) – Faculty of Law, University Malaya, 2014
    Uncontrolled Keywords: Legal and regulatory framework
    Subjects: K Law > K Law (General)
    Divisions: Faculty of Law
    Depositing User: Miss Dashini Harikrishnan
    Date Deposited: 10 Mar 2015 09:59
    Last Modified: 10 Mar 2015 09:59
    URI: http://studentsrepo.um.edu.my/id/eprint/4615

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