Public-Private Partnership and Financing the Development of National Infrastructure

2020 ◽  
pp. 261-288 ◽  
Author(s):  
Irina Yurievna Vaslavskaya
Keyword(s):  
Private Investment ◽  
The State ◽  
Public Infrastructure ◽  
The Public ◽  
Institutional Conditions ◽  
Two Factors ◽  
Private Investors ◽  
Private Financing ◽  
Transactional Costs ◽  
National Infrastructure

The chapter contains a methodology for formalized evaluation of the model of replacement of budget funds by private investment in the public infrastructure PPP projects for the purpose to ensure public finance sustainability. It can manifest itself only if the state could create appropriate conditions for private investors, including institutional players as its partners. The latter means primarily the stable formal institutional conditions for private investors, low transactional costs, attractive financial parameters, that could bring the ratio of budget and private financing of public infrastructure PPP projects to more than 1 to 1. It has become evident that accelerated development of many public infrastructure PPP projects is hampered by two factors: (1) inadequate institutional support for the design process itself and (2) absence of state-prepared acceptable financial models of public infrastructure PPP projects regarding the division of risks of infrastructure projects and delegating the proprietary rights of the state to private investors.

Legal Characteristics of a Servitude in the Public Interest

2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The State ◽  
Public Infrastructure ◽  
Public Interests ◽  
The Public ◽  
Legal Nature ◽  
Set Up ◽  
The Right ◽  
Limited Duration

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

scholarly journals Affordable social infrastructure vs public-private partnership

2021 ◽  
Vol 17 (3) ◽  
pp. 339-348
Author(s):  
Vitaly Maximov
Keyword(s):  
Social Services ◽  
Private Investment ◽  
Public Private Partnership ◽  
The State ◽  
Infrastructure Development ◽  
Social Infrastructure ◽  
Private Partnership ◽  
Economic Mechanism ◽  
Wide Range ◽  
Private Investors

The article is devoted to the problems of sustainable development of social infrastructure and social services, which are beyond the effective demand of large cities, cannot develop according to market laws, and provide the necessary level of infrastructure fullness. Despite 45.9% of private companies in the social sectors, the vast majority of real estate objects continue to be owned by the state, forming the need to find economic mechanisms for the development of state social infrastructure, outside of limited budget opportunities. The possibility of attracting private investment in new construction and reconstruction without alienating the ownership right to it makes public-private partnership (PPP) and the economic mechanism based on it have no alternative. However, its practical application suffers from asociality, leading to the appearance of state-owned facilities where private investors conduct exclusively commercial activities. The apparent budget savings lead the state, judicial and supervisory authorities in such territories to a strategic failure, reducing the number of state facilities operating at state prices, ignoring the requests of the population for affordable social infrastructure, increasing social tension in society. This work is aimed at studying the irrational behavior of private investors, the stability of which is provided by the PPP mechanism, where the state determines the necessary level of the sociality of infrastructure objects that best corresponds to the existing stratification of residents of a certain territory through competitive procedures and essential conditions of the future project. It is necessary to continue research on improving federal legislation, whose social neutrality leads to conflicting expectations of the parties from PPP, adding sensitivity to a wide range of risks, repelling private investment and investors, limiting infrastructure development only to budget opportunities. The development of an economic mechanism that ensures finding a balance of accessibility and market rationality of social facilities is not an easy task, which has many solutions taking into account the characteristics of a particular territory and its population

IS THERE A FUTURE FOR STATE AGREEMENTS?

2005 ◽  
Vol 45 (1) ◽  
pp. 221
Author(s):  
A.G. Castledine ◽  
M. Lamattina
Keyword(s):  
State Government ◽  
Public Interest ◽  
State Regulation ◽  
Third Parties ◽  
The State ◽  
Third Party ◽  
Public Infrastructure ◽  
The Public ◽  
Political Risks ◽  
National Competition

State Agreements are agreements between private proponents and a State government which aim to facilitate the development of resources and processing projects and associated public infrastructure. State Agreements have been used extensively throughout Australia and each has been given varying levels of legislative recognition and effect, which in turn affects whether the rights and obligations arising under them have statutory or merely contractual effect. This ambiguity highlights the need to balance within State Agreements the private rights of the proponents with the public interest. The public interest critically involves third party rights to access infrastructure or services developed by proponents under the State Agreement. The introduction of National Competition Principles and regulatory regimes has affected the balance of these interests in favour of the public interest which has, in turn, led to a more stringent approach to State regulation under State Agreements. In particular, States are compelled through inter-governmental, federal and international competition and trade agreements to limit the extent to which it can negotiate its terms in a purely commercial way, embodying concessions in favour of proponents or preferences in favour of the State over other states or countries. Where a State Agreement expressly confers a benefit on third parties associated with access, third parties have successfully sought to enforce those benefits through the Courts, resulting in increased risks and costs for proponents that may not have been originally anticipated. Coupled with the political risks associated with changing governments and government policies, State Agreements, which have historically played a significant role in State development, are increasingly losing their ability to meet the commercial objectives of proponents.

scholarly journals Fuzzy Rules to Help Predict Rains and Temperatures in a Brazilian Capital State Based on Data Collected from Satellites

2019 ◽  
Vol 9 (24) ◽  
pp. 5476
Author(s):  
Paulo Vitor de Campos Souza ◽  
Lucas Batista de Oliveira ◽  
Luiz Antônio Ferreira do Nascimento
Keyword(s):  
Hybrid Model ◽  
Essential Element ◽  
Private Investment ◽  
The State ◽  
Fuzzy Rules ◽  
Investment Strategies ◽  
Public And Private ◽  
Public Managers ◽  
Historical Series ◽  
Private Investors

The forecast for rainfall and temperatures in underdevelope countries can help in the definition of public and private investment strategies in preventive and corrective nature. Water is an essential element for the economy and living things. This study had a main objective to use an intelligent hybrid model capable of extracting fuzzy rules from a historical series of temperatures and rainfall indices of the state of Minas Gerais in Brazil, more specifically in the capital. Because this is state has several rivers fundamental to the Brazilian economy, this study intended to find knowledge in the data of the problem to help public managers and private investors to act dynamically in the prediction of future temperatures and how they can interfere in the decisions related to the population of the state. The results confirm that the intelligent hybrid model can act with efficiency in the generation of predictions about the temperatures and average rainfall indices, being an efficient tool to predict the water situation in the future of this critical state for Brazil.

The First British Empire, the Whig Supremacy, and the East India Company

2019 ◽  
pp. 19-49
Author(s):  
James M. Vaughn
Keyword(s):  
Political Economy ◽  
The State ◽  
East India Company ◽  
The Political ◽  
Public Infrastructure ◽  
The Public ◽  
East Indian ◽  
Territorial State ◽  
Colonial Expansion ◽  
Landed Elite

This chapter discusses the efforts to transform the political economy of England's imperial expansion during the Commonwealth (1649–1653). The architects of the Commonwealth's new imperial political economy were principally drawn from the worlds of unregulated Atlantic trading and East Indian interloping. In alliance with elements of the landed elite and middling social strata in London, these new merchant groupings helped to shift England's centralized territorial state away from an essentially extractive relationship with overseas commercial and colonial expansion—whereby the state attempted to “arbitrarily” raise revenues from such expansion—toward a new relationship in which the state was fully committed to providing the public infrastructure and military protection necessary for the unlimited flow of English trade, shipping, and investment across the globe.

scholarly journals LEGAL FORMS OF ATTRACTING AND PROMOTING INVESTMENT

2020 ◽  
pp. 90-97
Author(s):  
G. D. Otnyukova
Keyword(s):  
Capital Investment ◽  
Investment Project ◽  
Private Investment ◽  
The State ◽  
Legal Entity ◽  
Investment Projects ◽  
The Public ◽  
Investment Protection ◽  
The Difference ◽  
Legal Forms

The article deals with new legal forms of attracting private investment to the nation’s economy carried out by the state — special investment contracts and agreements on attracting and promoting investment. The author concludes that these agreements are organizational ones, and they are aimed at organizing the implementation of investment projects with the support of the state. The assignment of a special investment contract to a civil law contract is denied. The article analyzes the grounds for extending civil legislation to an agreement on the protection and promotion of capital investment. Investment protection and promotion agreement is characterized as multilateral. Each of the public legal entities is an independent party providing the investor with support measures provided for by legislation and municipal legal acts. The article shows the difference between the investor and the investor-organizer of the investment project. An investor-organizer is only a legal entity, but a Russian legal entity. The advantages of a project company acting as an organizer of the implementation of an investment project are shown.

The new urban managerialism in geopolitical context

2020 ◽  
Vol 10 (3) ◽  
pp. 330-335 ◽  
Author(s):  
Andrew EG Jonas
Keyword(s):  
Environmental Management ◽  
Public Interest ◽  
Urban Politics ◽  
Urban Infrastructure ◽  
The State ◽  
The Public ◽  
Political Project ◽  
Territorial Boundaries ◽  
Private Financing ◽  
Urban Environmental Management

This commentary critically examines Phelps and Miao’s concept of the new urban managerialism (NUM) in light of three geopolitical processes operating around the state and urban politics: (1) the geopolitics of city-regionalism; (2) the geopolitics of urban environmental management; and (3) the geopolitical implications of the public–private financing of urban infrastructure. It argues that the NUM remains fundamentally a territorialized political project and raises questions about where to draw conceptual and territorial boundaries around the urban public interest.

Public Services Concession in Slovenian Legislation

2016 ◽  
Vol 14 (3) ◽  
pp. 671-694
Author(s):  
Katja Drnovšek ◽  
Boštjan Brezovnik
Keyword(s):  
Private Sector ◽  
Public Service ◽  
Public Procurement ◽  
The State ◽  
Public Infrastructure ◽  
Public And Private ◽  
The Public ◽  
Service Activities ◽  
Public And Private Sector

Because of the public sector crisis, the role of the state in the provision of public service activities has been gradually changing ever since the 1980s, as the role of the financier in public infrastructure, as well as of the provider of public service activities, was increasingly being assumed by the private sector, while the state began to strengthen its role in the areas of regulation and supervision.With the involvement of the private sector in the so-called project financing of investments in construction of infrastructure and the consequent provision of public service activities, new and innovative forms of cooperation between the public and private sector (public-private partnership) have gradually been introduced as an addition to the already established concession and public procurement relationships. At the same time, states have in addition to classic (budgetary) financing gradually introduced new ways of financing public service activities, which enabled the repayment of investments in public infrastructure and reimbursement of (private) providers for goods delivered or services rendered (public goods). Undoubtedly, these forms of cooperation between the public and private sector call for regulation of certain complex issues. This article focuses on the examination of forms of integration between the public and private sector in the provision of public service activities in the framework of concession relationships.

scholarly journals COMPARATIVE STUDY OF GOVERNMENTS’ REASONS/MOTIVATIONS FOR ADOPTING PUBLIC-PRIVATE PARTNERSHIP POLICY IN DEVELOPING AND DEVELOPED ECONOMIES/COUNTRIES

2018 ◽  
Vol 22 (5) ◽  
pp. 403-414 ◽  
Author(s):  
Robert Osei-Kyei ◽  
Albert P. C. Chan
Keyword(s):  
Hong Kong ◽  
Best Practice ◽  
Public Private Partnership ◽  
Social Benefits ◽  
Public Infrastructure ◽  
Private Partnership ◽  
The Public ◽  
Developed Economies ◽  
Private Investors ◽  
Practice Framework

Over the last couple of decades, governments in developing and developed economies/countries have shown interest in the public-private partnership (PPP) policy. Different governments have different reasons for adopting the PPP concept. This paper aims to investigate the differences and similarities on the reasons for implementing PPP in develop-ing and developed economies/countries, represented by Ghana and Hong Kong. An empirical questionnaire survey was conducted with relevant experienced practitioners in both jurisdictions. One hundred and three completed questionnaires were returned for analysis. The results from the non-parametric test show five reasons with significant differences. Reasons related to the economic and social benefits of PPP are ranked higher in Ghana, whereas efficiency and quality service related reasons are ranked higher in Hong Kong. Further, two reasons for adopting PPP emerged as very important in both jurisdictions; these include: “promotes quick delivery of public infrastructure projects” and “allows for shared risks”. The outputs of this study contribute to the international best practice framework for PPP. International private investors would be informed of the expectations of governments when engaging in PPP arrangement particularly in Asia and Africa.

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