Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs

2021 ◽  
pp. 1-10
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Private Investment ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Legal Doctrine ◽  
Private Partnership ◽  
Cross Border ◽  
State Actors ◽  
The Impact

Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

scholarly journals On the concept of international standards of public-private partnership

2021 ◽  
pp. 15-25
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Intergovernmental Relations ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
International Standards ◽  
Regulatory Function ◽  
Private Partnership ◽  
Legal Norms ◽  
Cross Border ◽  
Definition Of

The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.

Evolution of public-private partnership: the UK perspective through a case study approach

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marios Adamou ◽  
Niki Kyriakidou ◽  
Jon Connolly
Keyword(s):  
Public Private Partnership ◽  
Long Term Results ◽  
Private Partnership ◽  
Content Type ◽  
System Resilience ◽  
The Uk ◽  
The Impact

Purpose Since the 1990s, the National Health Service (NHS)advisory officers have developed considerable expertise in managing the process of specifying, procuring, contracting and running public–private partnership (PPP) projects. However, there has been a relatively consistent trajectory in the findings of studies and evaluation of PPP from its initial introduction in the health sector in 1992 to the present time. Therefore, the purpose of this study is to critically evaluate the PPP experience in the UK context using a case study in the NHS. Design/methodology/approach The partnership literature is primarily focussed on process issues, and the impact of partnerships on improving outcomes cannot be assumed. By conducting a critical review on most updated research studies and innovative approaches in this area, the literature as to the place of PPPs in health in the context of the UK is critically explored and whether they have a role in system resilience is examined. A case study has be used as well to describing the processes of a PPP arrangement. Findings Health-care PPP is one of the options relating to health system resilience. However, their contribution in the NHS has been mixed, with success noted in short-term clinical and services contracts while in the long-term the value for money argument has not been proven. In theory, the role of PPPs in bringing together ingredients supporting system resilience such as finance, management and innovation in the UK has not always been successful, and NHS providers have taken the approach to exit such arrangements. Research limitations/implications More research work is needed to capture the 21st-century challenges and critical success factors during its implementation. Practical implications The creation of strong partnerships is moving service delivery away from a project-by-project approach to one that includes strategic and policy developments for long-term results. Originality/value This is a fresh discussion in the role of PPP in system resilience in the UK perspective through a case study describing an exit from a PPP arrangement.

scholarly journals The impact of public private partnership in the role of coffee farmers’ cooperative societies in Kenya

2019 ◽  
Vol 7 (12) ◽  
pp. 224-231
Author(s):  
Harrison Mugo ◽  
◽  
Hudson Lubabali ◽  
Beatrice Salasya ◽  
◽  
...  
Keyword(s):  
Public Private Partnership ◽  
Private Partnership ◽  
Coffee Farmers ◽  
The Impact

scholarly journals The Linkage between Public, Private Investment and Economic Growth—Evidence for the Developing ASEAN and Asian Countries

2017 ◽  
Vol 3 (4) ◽  
pp. 580 ◽  
Author(s):  
Nguyen Thi Canh, PhD. Prof. ◽  
Nguyen Anh Phong, PhD.
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Positive Impact ◽  
Public Investment ◽  
Private Investment ◽  
Public Private Partnership ◽  
Long Term Effects ◽  
Private Partnership ◽  
The Impact

<p><em>This study used a quantitative method to assess the impact of public investment on private investment and economic growth based on data from 18 developing countries over a 21-year period (1995-2015) by applying PVAR model combined with GMM. The findings show that all public investment and public-private partnership investments affect private investment as well as affect economic growth but the effects vary cyclically, by time period, and by group of countries.</em></p><p><em>For the ASEAN developing countries, public investment crowds out private investment in short term and crowds in private investment in the medium and long term, but it crowds out public-private partnership investment. For the developing countries in Asia, public investment has a positive impact on economic growth with the inverted U-shaped pattern which stimulates growth in the short and medium term, but in the long-term effects of stimulation growth tend to decrease.</em></p>

scholarly journals Vector of development of international legal regulation in the sphere of public-private partnership

2021 ◽  
pp. 26-32
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
International Investment ◽  
Public Private Partnership ◽  
Private Partnership ◽  
International Convention ◽  
Regulatory Processes ◽  
Role Of The State ◽  
Key Aspects

The subject of this research is the prospects for the development of international legal regulation of public-private partnership. The question is raised on the diminishing role of the state in regulation of international and transboundary relations in the sphere of public-private partnership. The author indicates a quite noticeable replacement of traditional regulatory processes, the key role in which is played by the states, with informal processes of international rule-making, in which the lead is taken by non-state actors. It is substantiated that the absence of international convention on public-private partnership negatively affects the regulation of relations in the sphere of public-private partnership. Leaning on the domestic and foreign scientific literature, the author outlines the vector of development of international law in the sphere of public-private partnership, as well as substantiates the need for adopting the international framework convention on public-private partnership. Analysis is conducted on the special forms of interaction between international law and national law in the sphere of public-private partnership, as well as on correlation between international law and non-legal regulators of public-private partnership. The article describes the key aspects of the content of the international framework convention on public-private partnership. The novelty of consists in establishment of the vector of development of international legal regulation of public-private partnership. Based on the &ldquo;clash&rdquo; of private law and public law approaches towards regulation of international investment relations, the author substantiates the comprehensive approach towards regulation of public-private partnership.

scholarly journals The MDBs’ Role in Syndicated Loan Deals (Review of the IMF Working Paper “Borrowing Costs and the Role of Multilateral Development Banks: Evidence From Cross-Border Syndicated Bank Lending”)

2020 ◽  
Vol 15 (1) ◽  
pp. 190-195
Author(s):  
Andrei Shelepov ◽  
Keyword(s):  
Developing Countries ◽  
Private Investment ◽  
Bank Lending ◽  
Multilateral Development Banks ◽  
Borrowing Costs ◽  
Working Paper ◽  
Cross Border ◽  
Development Banks ◽  
The Impact

The review covers the 2018 IMF working paper “Borrowing Costs and The Role of Multilateral Development Banks: Evidence from Cross-Border Syndicated Bank Lending.” It is acknowledged that cross-border bank lending is becoming an increasingly important source of external financing for developing countries and therefore can play a key role in infrastructure development. The working paper examines the impact of participation by multilateral development banks (MDBs) in loan syndicates on the terms of loan deals, with a particular emphasis on loan pricing. The results of the study show that MDB participation is associated with higher borrowing costs and longer maturities, indicating a greater willingness on the part of MDBs to finance projects with higher risks which may otherwise be unattractive to private investors. In addition, MDB participation is associated with lower spreads for riskier borrowers compared to similar loans from private banks. The authors show that MDBs can help mobilize private investment in developing countries, including in infrastructure, through risk mitigation.

scholarly journals Public-private partnership as an effective mechanism for attracting private investment in achieving the aims the socio-economic development of Ukraine

2020 ◽  
Vol 17 (4) ◽  
pp. 469-479 ◽  
Author(s):  
Yuliia Komarynska ◽  
Olha Kryshevych ◽  
Nataliya Linnyk ◽  
Vladyslav Karelin ◽  
Olena Kofanova
Keyword(s):  
Swot Analysis ◽  
Private Property ◽  
Private Investment ◽  
Public Private Partnership ◽  
The State ◽  
State Budget ◽  
Public And Private ◽  
Private Partnership ◽  
Management Efficiency ◽  
The Impact

The article analyzes public-private partnership (PPP) as a form of interaction between state and business in the context of optimizing the Ukrainian economy. According to the results of SWOT analysis of the implementation of PPP projects in the infrastructure of Ukraine (2017–2019), the main criteria that determine the necessary model of public-private partnership were substaintiated, namely the distribution of investments, risks, obligations between the state and the private sector, the term and object of the agreement.The study analyzed the impact of economic, political, legislative and criminal processes on public-private partnerships in Ukraine. It was proved that the formation of specific allocation relations based on the interaction between public and private property is the most important feature of public-private partnership, which distinguishes it from other forms of interaction between the state and business. Advantages of PPP are as follows: the increase of management efficiency of state and municipal property objects, the reduction of tax burden on the state budget and optimization of budget expenditures on public services provision, the maintenance of budget-funded institutions, etc. It has been established that the PPP is the best alternative to privatization in order to attract private investment in strategic infrastructure facilities.

SEPARATE PROBLEMS OF INTERNATIONAL LEGAL REGULATION OF DEVELOPMENT OF ALTERNATIVE ENERGY SOURCES

2018 ◽  
Author(s):  
Ievgenii Shulga ◽  
◽  
Nataliia Shynkaruk ◽  
Nataliia Yashchuk ◽  
◽  
...  
Keyword(s):  
International Organizations ◽  
Energy Security ◽  
Alternative Energy ◽  
Renewable Energy Sources ◽  
Well Being ◽  
Legal Regulation ◽  
Energy Sources ◽  
Alternative Energy Sources ◽  
The Government

The article examines topical problems of the role of international organizations in the direction of the development of alternative energy and strengthening of energy security in the world. Considerable attention is paid to the importance of the introduction and development of alternative energy in the context of ensuring environmental human rights and economic well-being. Analyzed the main international legal treaties regulating the reduction of greenhouse gas emissions into the atmosphere and the use of alternative renewable energy sources. The main international governmental and non-governmental organizations in the direction of ensuring environmental and energy security have been identified. Attention is drawn to the need to strengthen the role of these organizations by strengthening the functions of supervision and monitoring to increase the possibility of influencing states that do not comply with the provisions of signed and ratified international conventions. It is concluded that it is necessary to adjust the vector of development of instruments for the protection of environmental rights in the direction of its world globalization. The existing global concept for the development of alternative energy sources requires changes. Given that the environmental problem is universal and, although to one degree or another, it still affects every person, regardless of country or nationality, the obligation to protect the environment must be universal, fulfilled and enforced not only by the government bodies of sovereign states, but also international government organizations. It is noted that the programs and recommendations of international organizations are developed directly for individual states, taking into account their geographical and economic location when choosing the types and methods of developing alternative energy.

THE INTERNATIONAL IMPACT OF MACROPRUDENTIAL POLICIES

2021 ◽  
Author(s):  
Doriane Intungane
Keyword(s):  
Equilibrium Model ◽  
Capital Requirements ◽  
Dynamic Stochastic General Equilibrium ◽  
Time Varying ◽  
Credit Growth ◽  
Cross Border ◽  
Macroprudential Policies ◽  
Dynamic Stochastic ◽  
The Impact

The recent financial crisis started a global debate on the role of financial policies, which led to financial system reforms in many countries. These reforms mainly consisted of increasing the usage of macroprudential policies. This dissertation seeks to understand whether macroprudential policies in financially integrated countries reduced their vulnerability to the impact of external shocks. Chapter 2 empirically examines the impact of macroprudential policies on cross-border bilateral credit growth. Capital requirements and loan-to-value (LTV) ratios, in 15 lending countries and 34 borrowing countries between 2000 and 2014, are used in the analysis. The results show that in some countries, the increase of capital requirements is not effective in reducing international credit flows during periods of financial vulnerability. The impact of tightening LTV ratios is more heterogeneous across countries because LTV ratios are mainly used in the housing sector and not all countries change their LTV ratio frequently. Hence, cooperation across countries is necessary but also countries should make sure that the change of macroprudential policies targeting lenders and those targeting borrowers complement each other to avoid international leakages. Chapter 3 analyzes issues related to the international spillover of macroprudential policies through international banking activities using a two-country dynamic stochastic general equilibrium model with heterogeneous and time-varying macroprudential policies. The results show that a combination of capital requirements and LTV ratios is effective in reducing credit growth despite the existence of cross-border banking activities and heterogeneous implementation of capital requirements across countries. In addition, international coordination of capital requirements is also effective in reducing credit growth but less effective than a combination of capital requirements and LTV ratios. Chapter 4 focuses on the role of countercyclical LTV ratios in reducing transmission of shocks when international investors, holding domestic and foreign assets, face collateral constraint. Using a two-country dynamic stochastic general equilibrium model, the analysis demonstrates that time-varying LTV ratios can reduce the transmission of shocks.

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