Dispute Resolution in Public Private Partnerships for Infrastructure Development in India: In Search of an Alternative

2012 ◽  
Author(s):  
Sree Parvathy ◽  
Harisankar K. S.
2013 ◽  
Vol 6 (2) ◽  
Author(s):  
Olabisi Delebayo Akinkugbe

AbstractWith regional economic integration (REI) as a major strategy for development, the African continent hosts a plethora of regional economic communities of varying ambition longevity and success. While in the 1970s, political-economic ideas built mainly on the “developmental state” informed the design of most of these agreements, the change in economic thought in the 1980s which ushered in the “neoliberal turn” has since influenced the design of most REI schemes in Africa, including the New Partnership for African Development. However, among other factors, inadequate transport infrastructure linking regions poses a major impediment to regional trade and development in Africa. The more so as most African governments are not able to meet up with the financial burden, pace and managerial capability for the efficient provision and management of regional transport infrastructure. The article explores the dilemma associated with the adoption of Public–Private Partnerships (“PPP”) as a mechanism for the provision of regional transport infrastructure in Africa. While sourcing infrastructure provision through the PPP mechanism has significant advantages, it is however also embedded with a complex financial, contractual and legal process. First, it explores the theoretical assumptions which inform PPP based on ideologies within law and development debates. It argues that theoretically, PPPs are reflective of the neoliberal policy set. Against the trajectory of governance in Africa, it critically foregrounds insights that are derivable from an application of Path Dependency theory to the institutional change which comes with the planned adoption of PPP at the regional level. These insights are essential considerations for policy experts to bear in mind both while designing the regional institutional framework for PPP and during the implementation stage. Secondly, although most of the past initiatives for the provision of regional infrastructure have fallen short of their flamboyant development policy goals, the article argues that the recently initiated Programme for Infrastructure Development in Africa (“PIDA”) provides a new hope for the future of infrastructure development in the continent. The article contends that PIDA offers a legitimate platform which with the requisite support of the regional economic initiatives can generate the enabling environment for the implementation of successful regional PPP infrastructure projects.


2020 ◽  
Vol 11 (5) ◽  
pp. 152
Author(s):  
Lukamba Muhiya Tshombe ◽  
Thekiso Molokwane ◽  
Alex Nduhura ◽  
Innocent Nuwagaba

The impact of the implementation of public-private partnerships (PPPs) in the Sub-Saharan African region on infrastructure and services is becoming increasingly perceptible. A considerable number of African countries have embraced PPPs as a mechanism to finance large projects due to a constrained fiscus. At present, many financial institutions, such as the World Bank, the International Monetary Fund and the African Development Bank, which finance some of the projects, have established a department or unit that mainly focuses on infrastructure development in developing countries. The private sector in Africa is equally seen as a significant partner in the development of infrastructure. African governments need to tap into private capital to invest in infrastructure projects. This scientific discussion provides an analysis of PPPs in the East African region. This article selected a number of countries to illustrate PPP projects in the sub-region. The analysis of this study illustrates that the East African region represents unique and valuable public-private partnership lessons in different countries. This study also traces the origins of PPPs to more than a century ago where developed countries completed some of their projects using the same arrangement. This paper further demonstrates that the application of PPPs is always characterised by three factors, namely a country, a sector and a project. Experts in the field often refer to these elements as layers, which usually precede any successful PPP.


Governance ◽  
2020 ◽  
Vol 33 (4) ◽  
pp. 771-788 ◽  
Author(s):  
Maria Camila Angulo Amaya ◽  
Anthony Michael Bertelli ◽  
Eleanor Florence Woodhouse

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