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Journal articles on the topic 'Concession contracts'
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1
Pivatto, Douglas, Rodrigo Nobre Fernandez, Helton Saulo, and Andre Carraro. "Estimating the Optimal Time for a Road Concession Contract in Brazil." International Journal of Economics and Finance 9, no. 12 (November 2, 2017): 44. http://dx.doi.org/10.5539/ijef.v9n12p44.
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Brazil has one of the largest road networks managed under concession contracts in the world. The concessions of the Federal Concession Program are divided into three stages. The main aim of this research was to identify critical successful contracts from the Third Stage of the Concession Program. The methodology adopted follows the model proposed by Ng et al. (2007). This model verifies the probability at which the project will be successfully run within the term contract. The results showed a discrepancy between the time contractually agreed and the one simulated by the model for two of the seven contracts signed in the Third Stage of the Concession Program.
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Štemberger, Katja. "Legal Dilemmas in the Field of Granting Concessions in Slovenian Law and Some Solutions in Comparative Law." Hrvatska i komparativna javna uprava 22, no. 1 (May 2, 2022): 37–66. http://dx.doi.org/10.31297/hkju.22.1.5.
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In Slovenian law, the granting of concessions is governed by a number of (general and special) laws, which are supplemented by the Public-Private Partnership Act (PPPA) as a systemic law for the granting of concession to public-private partnerships regardless of the value of the concession, as well as the Act on Certain Concession Contracts (CCCA), which is the basic regulation for the award of construction concession and service concession contracts falling within the scope of the Directive 2014/23/EU. The CCCA is primarily used in relation to other regulations. Regardless of special law provisions, the provisions of the CCCA should be applied in the procedure of granting concessions that simultaneously meet the criteria for concession contracts from the scope of the Directive 2014/23/EU, and special law provisions should be applied only if they do not contradict the CCCA (reverse rule lex specialis). The complexity of the procedure for granting concessions in Slovenian law is thus reflected in the need to combine the use of different regulations, which frequently regulate the same issues in completely different ways, introducing confusion into the legal order. As an example, the author highlights differences in the legal nature of the act on concessionaire selection and, as a result, legal protection against decisions in concessionaire selection procedures, and discusses some specifics that apply to concessions for social and other special services. In addition to the provisions relating to the concession award procedure, there are other inconsistencies between the CCCA and sectoral regulations concerning the implementation of the concession contract. In view of all the shortcomings, the author implies that the Slovenian legislator should either adjust the sectoral regulations to the CCCA regulations or adopt a single procedural law that would apply to all concessions, with specific (stricter) rules applicable to concessions above the relevant value threshold.
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Mattos, César Costa Alves de. "Road Infrastructure in Brazil and regulatory economic incentives." RDAI | Revista de Direito Administrativo e Infraestrutura 2, no. 5 (June 30, 2018): 49–76. http://dx.doi.org/10.48143/rdai/05.ccam.
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This article assesses the regulatory economic incentives established for the road concession sector in Brazil. Incentives are linked to the scope for “renegotiation” of tariffs and duties to which the company subject to regulation committed, mainly the investment schedule. In Brazil, all renegotiations are based on the maintenance of the economic and financial balance of the concession contract (EFECC). The Brazilian legislation has some basic principles for the EFECC, but most of the main guidelines are currently described in the concession contracts. In the case of road concessions, there have been remarkable advances in the design of the EFECC in the contracts between 2009 and 2013, making renegotiations more transparent than before. Road contracts are becoming more “complete” than they used to be because there is an attempt to describe all risk allocation of the concession. This reduces the scope for opportunistic behavior and bad renegotiations from both parties, the concessionary and the regulator/public sector.
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Isaeva, N. A., and D. G. Ponomareva. "Attracting private investment in the Russian economy through concession agreements." Vestnik NSUEM, no. 1 (May 11, 2022): 224–37. http://dx.doi.org/10.34020/2073-6495-2022-1-224-237.
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The article deals with the key theoretical aspects of concession agreements, domestic and foreign experience in the implementation of concessions. It presents the classification of countries by degree and number of concession agreements, as well as by type of contracts. The dynamics of concession agreements in Russia from 2016 to 2020 and the distribution of concluded contracts by socially important sectors of the economy of the Russian Federation from 2009 to 2019 are considered. Forecasts are given for the development of the concession market and possible ways of attracting private investment during the post-pandemic crisis caused by coronavirus (COVID-19).
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Štemberger Brizani, Katja. "Changed Circumstances and Concession Contracts: Slovenian Law in a Comparative Perspective." Anali Pravnog fakulteta u Beogradu 71, no. 4 (December 20, 2023): 669–94. http://dx.doi.org/10.51204/anali_pfbu_23402a.
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In Slovenian law concession contracts are subject to both the public law and private law regime of changed circumstances. The former applies only to certain concession contracts, while others are subject to the general rules of the law of obligations. However, these rules are not adapted to features of concession contracts as they only give the affected party the right to request the rescission of the contract, but not its modification, unless otherwise agreed in the contract. This is not in line with the principle of continuity of public service and the protection of the public interest. In addition, the private law regime is not adapted to the concession award procedure, as it allows only reference to changes in circumstances that occur after the contract is concluded, but not after the binding tender is submitted, meaning that the tenderer bears a disproportionately higher burden of the risk than the grantor.
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Mužina, Aleksij. "The Problem of the Admissibility of Modifications to Public Procurement (and Concession Contracts)." Lex localis - Journal of Local Self-Government 20, no. 3 (June 21, 2022): 685–714. http://dx.doi.org/10.4335/20.3.685-714(2022).
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The central part of the scientific article is the analysis of the problem of the admissibility of modifications of public procurement contracts and concession contracts. After the awarding of a concession or a public procurement contract, these may not be substantially changed by an agreement between the contracting authority and the successful tenderer. The research is initially focused to an analysis of the development of the legal institute in the case law of the Court of Justice and its transposition into secondary legislation of the European Union. This is followed by a comparison of the regulation in the acquis communautaire with the regulation in Slovenian positive law. The problems of the admissibility of modifications to public procurement contracts/concessions (this is the central part of the article) should be supplemented by formulating a thesis on the possible extension of comparable standards of interpretation of admissibility from the contractual (implementation) to the tendering stage of public procurement/concession.
In this scientific paper, I therefore point out (which was the purpose of the scientific paper) the hypothesis that all modifications in public procurement procedures and concession award procedures must be treated equally, regardless of the stage a relationship creation or implementation process. A different position would be administrative and contrary to the necessary functional interpretation of EU law. The modification cannot becomes admissible at the time of the conclusion of the contract, while prior to that, this modification (which would already form part of the contractual relationship) is not admissible.
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Nielsen, Rasmus Grønved. "Selling Hydrocarbon Concessions: A Case Study of the A.P. Moller Sole Concession with Special Regards to the Transferability of Concessionary Privileges." European Energy and Environmental Law Review 29, Issue 1 (March 1, 2020): 2–13. http://dx.doi.org/10.54648/eelr2020001.
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This study examines selected transferability issues arising from A.P. Moller – Maersk A/S’s (APM’s) recent sale of its Sole Concession to explore for and produce hydrocarbons. To do so, the article accounts for the motley history of the Sole Concession focusing on the tendency to resolve disputes through negotiation and agreements. It is the article’s main hypothesis that the Sole Concession and its appurtenant agreements have a hybrid legal nature. Using an integrative private–public law approach, the article analyses some of the issues related to the transferability of negotiated privileges linked to the Sole Concession. It is concluded that to fully comprehend the complexity of the Sole Concession and the transferability issues, it is necessary to draw on both private and public law norms and arguments. The conclusion is put into perspective by reference to the Continental European concept of ‘administrative contracts’. Concessions, Concessionary Privileges, Denmark, Transferability, Negotiated Regulation, Administrative Contracts
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Opawole, Akintayo, and Godwin Onajite Jagboro. "Factors influencing the scope of private party’s obligations in concession-based PPP projects in Nigeria." Structural Survey 34, no. 3 (July 11, 2016): 297–314. http://dx.doi.org/10.1108/ss-01-2016-0003.
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Purpose – Little success had been recorded on concession-based public private partnership contracts in Nigeria for reasons attributable in part to poor assessment of the socio-cultural and economic factors that contribute to the parties’ costs while preparing contract packages. The purpose of this paper is to assess the factors which significantly influence the private party’s obligations and costs in a concession-based contract thereby enhancing the robust assessment of contract packages when bidding by private investors. Design/methodology/approach – The assessment was based on primary data obtained through questionnaire survey. Structured questionnaire was administered on professionals comprising architects, estate surveyors, quantity surveyors, engineers and builders, accountants/bankers/economists and lawyers who had been involved in concession-based contracts in the Southwestern Nigeria, selected using respondent-driven sampling approach. Factors evaluated were those identified through in-depth literature review and brainstorming of those pertinent to concession transaction in Nigeria. Data collected were analysed using descriptive statistics including mean, relative significance index, impact weighting and factor analysis. Findings – Significant factors that influence private party’s cost were found to be political interference, delay in land acquisition, variation to the contract and non-availability of supportive infrastructure. Originality/value – Findings provided information for structuring concession contract for effective management of country-specific characteristics in concession contract. The understanding of the factors that affect private party’s obligations and costs would guide effective assessment of concession contract in developing economies by foreign investors. Moreover, the study provided implication for the understating of country-specific factors affecting concession contract in Nigeria which would contribute to robust assessment of contract packages when bidding by private investors.
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Khatchadourian, Minas. "Legal Safeguards in Egypt's Petroleum Concession Agreements." Arab Law Quarterly 22, no. 4 (2008): 387–96. http://dx.doi.org/10.1163/157302508x374410.
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This article deals with the concession contracts for the exploration and the production of oil and gas in Egypt. Such tripartite contracts are concluded between the Government of Egypt (GOE) as the host country, a National Oil Company (NOC) as the concession holder and an international oil company (IOC) as the foreign contractor who receives a part of the oil or gas production on a production sharing agreement (PSA). From an Egyptian legal perspective, this contract is qualified as a State contract which is supposed to give the Government some exorbitant powers towards its counterparts. However, in order to attract foreign investors into this kind of agreement and encourage international oil companies to explore natural resources, several legal safeguards are incorporated in the concession agreement. Examples of this include placing the contract in the framework of a legislative act, granting the contract a supremacy on any contrary legislation, stabilization clause, adaptation of the contract through renegotiation, arbitration clause, etc.
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MERNA, ANTONY, and NIGEL J. SMITH. "Concession contracts for power generation." Engineering, Construction and Architectural Management 1, no. 1 (January 1994): 17–27. http://dx.doi.org/10.1108/eb020990.
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Scandizzo, Pasquale L., and Marco Ventura. "Sharing risk through concession contracts." European Journal of Operational Research 207, no. 1 (November 2010): 363–70. http://dx.doi.org/10.1016/j.ejor.2010.04.008.
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Shilnikova, Irina V. "Foreign concessions in the USSR textile industry in the 1920s and early 1930s: The public-private partnership experience." Russian Journal of Economics 7, no. 2 (July 9, 2021): 160–84. http://dx.doi.org/10.32609/j.ruje.7.51697.
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Despite the Soviet government’s declarative efforts to engage foreign capital in rebuilding the economy during the 1920s, most concessions did not last long and were liquidated before the respective contracts expired. This article considers the conditions and key outcomes of concession enterprises, as well as the reasons and mechanisms for their premature liquidation, using the textile industry as an example. The main focus is on the indicators and reasons for the high profitability of these enterprises, lending issues and Soviet methods for limiting the growth of foreign concession operator profits.
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Artemov, Gleb A. "A Comparative Analysis of a Commercial Concession Agreement and a Franchising (Franchise) Agreement." Jurist 2 (February 1, 2024): 25–28. http://dx.doi.org/10.18572/1812-3929-2024-2-25-28.
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This article discusses the problem of defining the concept of a commercial concession as a civil law contract, ways of doing business, and also draws a correlation with the concept of franchising, which is used to determine identical types of contracts in foreign countries. The article analyzes the concepts of “commercial concession” and “franchising”, considers the points of view expressed by different authors. The result of this study is the relationship between the concepts of a commercial concession agreement and franchising in the system of Russian law.
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Opawole, Akintayo, and Godwin Onajite Jagboro. "Compensation mechanisms for minimizing private party risks in concession-based public-private partnership contracts." International Journal of Building Pathology and Adaptation 36, no. 1 (April 9, 2018): 93–120. http://dx.doi.org/10.1108/ijbpa-09-2017-0041.
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Purpose The purpose of this paper is to develop compensation mechanisms against risks factors that impact private party’s costs in concession-based projects as a basis for minimizing failure rate of concession contracts. Design/methodology/approach The study extended earlier work on the factors that impact private party’s costs in concession-based projects by developing compensation mechanisms against the risks factors. It commenced with semi-structured face-to-face interviews which were launched with different stakeholders organizations that had been involved in PPP contracts in the Southwestern Nigeria. Responses from the interview were analyzed using interpretative phenomenal analysis via ATLAS.ti6/7. The mechanisms identified from literature review were assessed through structured questionnaire which were administered on professionals selected from governmental-based organizations (ministries, agencies, corporations/parastatals, etc.), private developers/concessionaires, law firms, banks among others, using the respondent-driven sampling technique. The robustness of the quantitative data was achieved by including the initial respondents to the interview in the questionnaire survey. The quantitative data were analyzed using percentile for better understanding of the flexibility between “most” and “more” preferred mechanisms. The criterion for the selection of appropriate mechanism(s) for the factors was based on minimum average of 20.0 percent (the ratio of maximum percentage (100 percent) of the respondents to total number of variables) suggesting the five identified mechanisms. The results in both cases of qualitative and quantitative assessments were compared. Based on the convergences of the findings, preferred compensation mechanisms were developed against concession contract risk factors. Findings Options of mechanisms were developed against specific investment risks that are consequent to the defaults of the public party in PPP contracts. The findings indicate that the mechanisms in extant literature with respect to administration of traditional models are relevant for PPPs. The study, however, identified new concepts, including “compensative” “zero compensation,” “equitable sharing” and “adjustment of concession period,” which are suitable in specific cases of PPP contracts. Practical implications The study contributes to the body of knowledge on mechanisms for improving PPP project performance. Moreover, insights were provided on mechanisms that satisfy private investor in case of specific risk factors investigated. The findings are therefore expected to guide private party in the preparation of concession contract package that minimizes investments risks and thereby attracting more private investors both from local and international environments. The findings of the study would also contribute to the body of information for documenting standard conditions of concession contract in Nigeria. Originality/value Studies on critical performance factors on PPP were extended by developing compensation mechanisms against the investment risks that impact private party’s cost.
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Minchuk, Oleg V., Daniil S. Zaozerskiy, and Aleksey S. Nikiforov. "Incorporation of foreign timber concessions in Soviet Russia in the 1920s." RUDN Journal of Law 28, no. 2 (June 11, 2024): 329–44. http://dx.doi.org/10.22363/2313-2337-2024-28-2-329-344.
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The article based on legislative acts of Soviet Russia and unpublished sources of the State Archive of the Arkhangelsk Oblast, describes the features of incorporation of Russangloles, Russhollandoles and Russnorvegoles joint-stock companies, operating in the North of Russia in the 1920s. The article analyzes the Standard Agreement on Timber Concessions (1922), which was used by the Soviet state and foreign entrepreneurs in the process of drafting concession agreements in the timber industry and the Scheme for Constructing a Standard Agreement on Timber Concession. The study of these sources allows reconstructing the principle of forming contracts contributing to Russangloles, Russhollandoles and Russnorvegoles functioning.
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Pezon, Christelle. "How the Compagnie Générale des Eaux survived the end of concession contracts in France 100 years ago." Water Policy 13, no. 2 (June 18, 2010): 178–86. http://dx.doi.org/10.2166/wp.2010.049.
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The end of the nineteenth century coincided with the end of concession contracts as a desirable option for French municipalities to organise their water services. An increasing number of disagreements between municipalities and their water concessionaires were brought to administrative courts, while the most difficult cases went to the French Supreme Court, the Conseil d'Etat. All cases dealt with the same issue: the conditions to renegotiate and/or terminate concession contracts. The Compagnie Générale des Eaux, the biggest French water company, lost its biggest concession contracts and had to negotiate new contractual arrangements to survive.
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Braadbaart, Okke. "Privatizing water and wastewater in developing countries: assessing the 1990s' experiments." Water Policy 7, no. 4 (August 1, 2005): 329–44. http://dx.doi.org/10.2166/wp.2005.0021.
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In the 1990s, low and middle-income countries experimented extensively with public–private partnerships (PPPs) in water and wastewater. Concession-based contracts were the favored form of PPP. Although these experiments produced promising managerial innovations, they suffered from high rates of failure. These stemmed from the ambitious scope and hasty design of many concessions, which made them susceptible to macroeconomic shocks and political opportunism. A key lesson from the 1990s' experiments is that PPP contracts combining long-term financing and exploitation should be avoided in country settings combining weak governance with a volatile economy.
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Štemberger, Katja. "Public and Private Law Aspects of Breach of the Concession Contract in Slovenian Law." Hrvatska i komparativna javna uprava 23, no. 2 (July 20, 2023): 241–71. http://dx.doi.org/10.31297/hkju.23.2.3.
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Breach of the concession contract is governed by the provisions from the field of concession relations and by the rules of the law of obligations. However, the rules of the law of obligations apply only mutatis mutandis. A concession contract is an administrative contract that is characterised by the fact that the parties must always pursue a public interest, which generally prevails over other contractual interests. Thus, it may happen that continued fulfilment of the contract is still in the public interest despite the breach. Slovenian law is often not adapted to the special nature of the concession contract. Regulations in the field of concession relations restrict the rescission right of the concessionaire only to certain cases and do not offer it generally for all concession contracts, which may jeopardise the principle of continuity of the performance of the public service. On the other hand, the grantor may rescind the contract, revoke the concession, and in some cases terminate it in accordance with the EU law due to the concessionaire’s breaches. However, the rules often do not establish a clear boundary between these sanctions, which creates legal confusion. The intertwining of public law and private law elements of the concession contract is also typical for the assessment of damages liability. If the damage is the result of (unlawful) public authority actions by the grantor, such liability must be assessed in accordance with the rules on State liability for damages due to unlawful conduct, even if the conduct also constitutes breach of contract. The consequences of breach of public law acts by the concessionaire are not generally regulated in Slovenian law. If such a breach does not also constitute breach of contract, the grantor has the right to compensation only if the sector law so stipulates
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Nerja, Adrián. "Exclusivity in concession revenue sharing contracts." Journal of Air Transport Management 99 (March 2022): 102158. http://dx.doi.org/10.1016/j.jairtraman.2021.102158.
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Lydiatt, Kathryn, and Gordon H. Barrows. "Worldwide Concession Contracts and Petroleum Legislation." Arab Law Quarterly 2, no. 4 (November 1987): 424. http://dx.doi.org/10.2307/3381613.
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Wang, Grace W. Y., Athanasios A. Pallis, and Theo E. Notteboom. "Incentives in cruise terminal concession contracts." Research in Transportation Business & Management 13 (December 2014): 36–42. http://dx.doi.org/10.1016/j.rtbm.2014.11.002.
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Cerqueti, Roy, and Marco Ventura. "Optimal concession contracts for oil exploitation." Energy Policy 147 (December 2020): 111900. http://dx.doi.org/10.1016/j.enpol.2020.111900.
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Auriol, Emmanuelle, and Pierre M. Picard. "A theory of BOT concession contracts." Journal of Economic Behavior & Organization 89 (May 2013): 187–209. http://dx.doi.org/10.1016/j.jebo.2011.10.003.
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Opawole, Akintayo, and Godwin Onajite Jagboro. "Benchmarking parties’ obligations in the execution of concession-based PPP projects in Nigeria." Journal of Place Management and Development 9, no. 1 (March 14, 2016): 27–46. http://dx.doi.org/10.1108/jpmd-08-2015-0029.
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Purpose Demand–supply matrices with adverse consequences has occasioned government response to concession initiatives in infrastructure in Nigeria. However, concession-based projects have been trailed by administrative and legal controversies. While this scenario has negatively impacted the acceptability of a concession contract, there is, nevertheless, a paucity of research effort aimed at developing a sustainable framework. The purpose of this paper is to develop a conceptual framework for the evaluation and allocation of obligations of parties, thereby enhancing the synergy and cooperation between the public and private sector organization. Design/methodology/approach Data were obtained through a questionnaire administered to professionals in concession-based contracts in southwestern Nigeria, which included architects, estate surveyors, quantity surveyors, engineers and builders, accountants/bankers/economists and lawyers. The respondents were selected using random and respondent driven sampling approaches. The questions were structured to ensure that the respondents have appropriate experience in concession-based projects and hold appropriate positions as decision-makers so as to give credence to the collected data. Findings The study identified 47 contractual obligations in the specific context of developing countries. Based on “half-adjusting principle”, 13 of the obligations notably cost of land acquisition and cost of social disturbances were allocated to the public party; 18 of the obligations notably project design and cost of feasibility study were allocated to the private party; and 16 of the obligations including preparation of terms of a contract and relocation of third party facilities were shared by the parties. Originality/value The framework benchmarked the categorization of public and private parties’ obligations in concession-based public–private partnership (PPP) contracts. The study has the implication for the evaluation and allocation of obligations of parties, which could mitigate the risk of failure of PPP projects in relation to the specific context of developing countries.
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Freitas, Rafael. "Incompletude em contratos de concessão: ainda a teoria da imprevisão?*." Revista da Procuradoria Geral do Município de Niterói 1, no. 1 (June 25, 2022): 167–203. http://dx.doi.org/10.52028/rpgmnit.v1i1.07.
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The aim of this essay is to investigate the application of the Theory of Imprevision (Teoria da Imprevisão), as laid down in article 65, II, d, of Law n. 8.666/1993, to concession contracts. Therefore, it is carried out the legal differentiation between the economic-financial balance of the concession contracts and the economic-financial balance of the short-term contracts dealt with in Law n. 8.666/1993; the re-reading of the Theory of Imprevision in light of the Incomplete Contracts Theory and in light of the models of contractual regulation.
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Vassallo, José M., and Juan Gallego. "Risk Sharing in the New Public Works Concession Law in Spain." Transportation Research Record: Journal of the Transportation Research Board 1932, no. 1 (January 2005): 1–8. http://dx.doi.org/10.1177/0361198105193200101.
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Budgetary constraints are forcing transport infrastructure authorities to raise private funds to finance the construction of new projects and the maintenance of existing ones by using concession contracts. One of the key elements in correctly defining a concession scheme is to establish an adequate risk-sharing mechanism among the stakeholders that take part in the process. This paper describes and analyzes the effect of the new Spanish Concession Law on risk sharing, in particular, the effect of the so-called progress clause on the calculation of risk held by the concessionaire. This law was designed both to reinforce private financing of public facilities and to improve the legal framework by defining a new risk-sharing approach, particularly in relation to the risks involved in estimating traffic demand. The paper finishes with an analysis of a specific application of the traffic risk-sharing approach for highway concessions in Spain.
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Rovniy, V. V. "About the state registration of a contract and contract’s consequence." Siberian Law Herald 2022.2 (2022): 80–87. http://dx.doi.org/10.26516/2071-8136.2022.2.80.
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The article is dedicated to the wide circle of questions, connected with the state registration procedure foreseen for a number of contracts by the law. The registration objects’ pluralism and registrating bodies’ diversity are pointed to. The rule of p. 3 art. 433 Civil Code of the Russian Federation, a plenty of changes in the civil legislation in the connection with the registrating procedure in a contracts are comprehended. Particular attention is made to the consequences of registrating demand’s infringement for different registrating objects (obligatory and disposal contracts, contract’s consequences). Regulations of contemporary law, various it’s changings during the last years, existing mistakes and demerits are under analyzing. Author’s point of view to the comprehension and using the rule of p. 3 art. 433 CC RF and some other rules is formulated. A number of conclusions (for example, about the separate effect of the p. 3 art. 433 CC RF’s rule for contract’s participants and for third persons, about the fiction of contract’s registration for it’s participants) is made and argued. Made conclusions are scrutinizing on the examples of various contracts, in which the registrating procedure is used. They are obligatory contracts (selling immovable property and business, leasing immovable property, building, construction, business) and disposal ones (mortgage, cession, novation of a debt, transference an immovable property object in the confidential managing property contract, giving a right in the commercial concession and licence contracts). Besides the Civil Code’s regulations special legislation touching upon questions of rights and bargains’ registration is used.
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NOJI, Daiki, and Masahide HORITA. "MODELLING INCENTIVES IN WATER SUPPLY CONCESSION CONTRACTS." Journal of Japan Society of Civil Engineers, Ser. F4 (Construction and Management) 75, no. 1 (2019): 38–50. http://dx.doi.org/10.2208/jscejcm.75.38.
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Guasch, J. Luis, Jean-Jacques Laffont, and Stéphane Straub. "Renegotiation of concession contracts in Latin America." International Journal of Industrial Organization 26, no. 2 (March 2008): 421–42. http://dx.doi.org/10.1016/j.ijindorg.2007.05.003.
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Guasch, J. Luis, Jean-Jacques Laffont, and Stéphane Straub. "Renegotiation of Concession Contracts: A Theoretical Approach." Review of Industrial Organization 29, no. 1-2 (September 12, 2006): 55–73. http://dx.doi.org/10.1007/s11151-006-9109-5.
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Zheng, Xiaodan, Shaojie Wang, and Yuchen Yang. "Determinants of the Severity of Contract Enforcement in Chinese PPP Projects: From Public Sector’s Perspective." Journal of Environmental and Public Health 2022 (September 2, 2022): 1–8. http://dx.doi.org/10.1155/2022/5149478.
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In PPP projects, the enforcement of concession contract is of much importance. Thus, this study analyzed the severity of contract enforcement after private sectors violate concession contracts in Chinese PPP projects from the perspective of public sectors. Through 39 in-depth interviews with those working in public sectors under Chinese PPP projects, there were four determinants identified for the severity of contract enforcement in public sectors: the consequence of contract violations, the intention of contract violations, private sectors’ remedies, and private sectors’ prior performance. Furthermore, this study analyzed the intrinsic relationship between the four determinants with trust foundation, destruction, and repair. The findings of this study extend the existing theory on the severity of contract enforcement. For those managers working in public sectors, the findings of this study can help improve their flexibility in contract enforcement, thus contributing to the success of PPP projects.
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Cartei, Gian Franco. "Risks and Risk Transfer in Concessions." European Public Law 25, Issue 4 (December 1, 2019): 503–16. http://dx.doi.org/10.54648/euro2019028.
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Genkin, Evgeniy V., Sergei A. Filin, Tatiana Yu Shemyakina, and Olga E. Astafieva. "MINIMIZING THE RISKS OF OFFSET INVESTMENT." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 5/5, no. 137 (2023): 107–14. http://dx.doi.org/10.36871/ek.up.p.r.2023.05.05.010.
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This article reveals the features of the offset transaction as a promising investment mechanism for the development of industrial production in Russia. A comparative description of the offset contract with widely used special investment contracts, agreements on the protection and promotion of investments, concession agreements, agreements on public-private/municipal-private partnership, life cycle contracts is considered. During the analysis of the offset contract model, the main four stages of procurement were identified: procurement planning; determining the supplier conclusion of the contract; performance of the contract. The risks of offsetting organizations during the offset transaction structuring, as well as the risks of inaccuracy and incompleteness of information about the project are described. Measures have been proposed to minimize risks when drawing up and fulfilling an offset agreement.
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El-Haija, Mohammed I. Abu. "The Role Of Technical Know-How In Determining The Legal Nature Of A Franchise Contract." European Scientific Journal, ESJ 12, no. 1 (January 29, 2016): 190. http://dx.doi.org/10.19044/esj.2016.v12n1p190.
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In view of the importance of a franchise contract in disseminating knowledge, and improvement, this study came to shed light on technical knowledge and its impact on determining the legal nature of a franchise contract. It also illuminated the possibility of the existence of a weak idea or a compliance problem in this type of contract. Strengthening of concession contracts was recommended, particularly relating to the industrial sector, which would inevitably lead to development and prosperity.
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Arce, Luis, Rodrigo Delgadillo, Alelí Osorio-Lird, Felipe Araya, and Carlos Wahr. "Asset Valuation Model for Highway Rigid Pavements Applicable in Public–Private Partnerships Projects." Infrastructures 8, no. 8 (July 30, 2023): 118. http://dx.doi.org/10.3390/infrastructures8080118.
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Recently, in Chile, infrastructure asset value has been incorporated into highway concession contracts. However, the current valuation model used for rigid pavements is not adapted to the standards and conditions of such projects. This study develops a valuation model for rigid pavements of interurban highway concessions and evaluates it in a case study. The proposed model captures the loss in asset value associated with the performance degradation over time, considering a typical Jointed Plain Concrete Pavement (JCPC) configuration. The value is calculated using performance indicators that represent the structural capacity and level of service provided to road users. The model represents a significant improvement compared to current asset valuation models used in highway concessions. It enables the public agency to objectively evaluate the preservation of asset value carried out by the private partner during the concession. Additionally, it could also be used as a tool to establish payments between infrastructure stakeholders. Some of the concepts applied could also be relevant for other highway assets existing in Public–Private Partnership (PPP) projects.
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Stoian, Alexandru. "Capitalization on the Public Property of the State and of the Administrative-Territorial Units by Means of Concession." Scientific Bulletin 24, no. 2 (December 1, 2019): 162–67. http://dx.doi.org/10.2478/bsaft-2019-0020.
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Abstract Traditional modality of using public property, the concession has played a significant role in the development of the modern state by capitalizing on those goods that by their legal nature have an inalienable character as well as by entrusting some works or public services to legal entities of private law which can execute them or make them more efficient.The economic development of the last decades of the states of the European Union, the acceleration of the commercial exchanges and the extension of the forms of circulation of the goods and services at community level have determined the reconsideration of the concession contract as a legal instrument for the capitalization of the public property goods, of the works and services that the state owns.The consolidation, at national level, of some legal norms meant to regulate concession and its forms was significantly influenced by the provisions of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. Thus, Law no. 100/2016 regarding the concession of works and services as well as the recent Government Emergency Ordinance no. 57/2019 on the Administrative Code implement the new European vision.
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Tegegne, Yitagesu, Mathias Cramm, Jo Van Brusselen, and Thais Linhares-Juvenal. "Forest Concessions and the United Nations Sustainable Development Goals: Potentials, Challenges and Ways Forward." Forests 10, no. 1 (January 10, 2019): 45. http://dx.doi.org/10.3390/f10010045.
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The Agenda 2030 and its Sustainable Development Goals (SDGs) have directed increased political attention to forests and their sustainable management globally. Forest concessions are a predominant instrument for the sustainable management of public production natural forests in the tropics, but the relationship between the SDGs and forest concessions is poorly explored. Knowledge of this relationship could facilitate aligning tropical forest concession regimes with the SDGs. This research was conducted by means of an online survey, expert interviews and four regional stakeholder workshops to examine (i) how forest concessions can support the implementation of the SDGs; and (ii) what are the key barriers hindering the potential contributions of forest concessions to the SDG. The findings revealed three broad pathways through which forest concessions can support the implementation of the SDGs: (i) sustainable use and management of ecosystem goods and services as the core business; (ii) provision of public goods for socioeconomic development; and (iii) contribution to (sub) national economies through income, employment and fiscal obligations. The paper identifies region-specific (Africa, Latin America and Southeast Asia) technical, legal, governance and institutional barriers limiting the potential contributions. Among these, the key barriers are unclear and conflicting tenure, and the lack of available technical and qualified personnel. The paper concludes that the contributions of forest concessions to the SDGs depend on governance context and the clear use of the instrument to deliver such objectives as better planned and implemented concessions and binding concession contracts. The paper also provides recommendations for aligning forest concessions with the SDGs.
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Ahlin, Janez. "Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests." Lex localis - Journal of Local Self-Government 6, no. 2 (September 2, 2009): 245–70. http://dx.doi.org/10.4335/52.
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The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order.
KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations
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Victorino, T., and G. Bertussi. "efficiency of railway concessions and the regulation of service quality." Journal of Applied Research and Technology 21, no. 6 (December 15, 2023): 921–34. http://dx.doi.org/10.22201/icat.24486736e.2023.21.6.2014.
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This study evaluated the efficiency of railway transport under three different aspects: technical efficiency, quality of service efficiency and economic efficiency of Brazilian railway concessions from 2006 to 2018 using the Data Envelopment Methodology - DEA. As a result of the proposed analysis, it was found that the current quality of service indexes established in Concession Contracts were not able to encourage quality of service improvements. It was also observed that concessionaires with better technical efficiency are those with lower economic efficiency, indicating that there are gains in profitability with the worsening of the service's quality.
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Балашов, А. М. "Concession enterprises in industry and agriculture of Soviet Russia in the third decade of the twentieth cent." Экономика и предпринимательство, no. 1(138) (April 15, 2022): 81–84. http://dx.doi.org/10.34925/eip.2022.138.1.012.
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В статье рассмотрены вопросы привлечения в страну иностранного капитала в период НЭПа путем заключения концессионных договоров с советским правительством. Автор показывает необходимость перехода к использованию концессий в период становления в стране советской власти, рассматривает условия предоставления таких договоров и концессионную практику, которая развивалась в 1920-х годах в промышленности и сельском хозяйстве, описывает позицию партийных и советских органов государственной власти по отношению к концессионным предприятиям, отмечает многие трудности, с которыми сталкивались концессионеры. В то же время, во многом благодаря деятельности концессионных предприятий была восстановлена экономика нашей страны после гражданской и Первой мировой войн. В связи с этим показана необходимость использования концессий в российской экономике в настоящее время, когда приобретает все большую значимость и актуальность решение вопросов создания эффективных институтов партнерства бизнеса, власти и общества с целью перевода страны на инновационную траекторию развития. The article discusses the issues of attracting foreign capital to the country during the NEP period by concluding concession agreements with the Soviet government. The author shows the need to switch to the use of concessions during the formation of Soviet power in the country, examines the conditions for granting such contracts and the concession practice that developed in the 1920s in industry and agriculture, describes the position of the party and Soviet state authorities in relation to concession enterprises, notes many difficulties faced by concessionaires. At the same time, thanks largely to the activities of concession enterprises, the economy of our country was restored after the Civil and First World Wars. In this regard, the relevance of the use of concessions in the Russian economy is shown at the present time, when the issues of creating effective partnership institutions for business, government and society in order to transfer the country to an innovative development trajectory are becoming increasingly important and relevant.
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Mohammed, Hashim J. "Fiscal Regime in Petroleum Licensed Contracts." Journal of Petroleum Research and Studies 13, no. 2 (June 15, 2023): 119–29. http://dx.doi.org/10.52716/jprs.v13i2.644.
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Fiscal regimes in petroleum licensed contracts are defined as the tools through which the return on oil wealth fellow into the state treasury, it includes several forms according to the type of contract, so, the most common fiscal tools are: royalty, taxes, profit oil or rents. This work makes a comparison between the fiscal regimes in common types of petroleum investment agreements and the difference between them according to the state share and contractor share. The main types of these regimes are concessionary and contractual agreements and the last include two types: production sharing and service agreements. However, Algerian, Syrian, Iranian & Iraq will be examined as example for each type respectively, The study relies on a comparison between the items of the fiscal regime and the tools through which resource revenues flow to the public treasury as well as the share of the contractor or the company that holds the concession. Therefore, a model of fiscal regimes has been conducted for the above contracts to show the difference between the fiscal flows of each country according to the type of contract and the fiscal tools in it as royalty, taxes and others. The study demonstrated that the contracts vary in revenue ratios depending on the sale price of oil and the cost of extraction. Finally, we can clearly infer that the share of both the company and the state is affected by the above circumstances in a high or slight sensitivity, There is no particular type can be considered the best, as preference depends on the special circumstances of countries, for example, the Iraqi situation is difficult to use concession contracts for several considerations, including constitutional, where the Constitution of the Republic of Iraq specified the ownership of the people's oil wealth and this property cannot be relinquished to the investing companies and so on the rest of the countries, but it can be hybridized between some systems to obtain financial instruments that achieve the best choice for the parties (state and IOCs).
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Cisneros-Herrera, Diego, Antonio Lara-Galera, Vicente Alcaraz Carrillo de Albornoz, and Belén Muñoz-Medina. "Driving Peru’s Road Infrastructure: An Analysis of Public–Private Partnerships, Challenges, and Critical Success Factors." Buildings 14, no. 1 (January 15, 2024): 230. http://dx.doi.org/10.3390/buildings14010230.
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Peru has experienced significant growth but faces challenges with its infrastructure. Despite economic and population growth, competitiveness has not risen at the same pace. The importance of proper roads for economic development and the lack of planning have led the country to confront an infrastructure deficit. This deficit affects connectivity and the quality of the road networks, thereby influencing competitiveness. To bridge this gap, the PPP modality had been used, but challenges were encountered, ranging from the execution of works to maintenance issues. This research study pursues three main objectives: to describe the current landscape of road infrastructure in Peru; to present the Peruvian PPP system and the experience gained through implemented concession contracts; and to identify the critical success factors of Peruvian concessions and propose an evaluation methodology for future contracts. To achieve this, an empirical study of 16 operational road PPPs and a literature review of the most relevant international experiences on success variables for such contracts were conducted. The primary contribution of this study lies in presenting the Peruvian experience and identifying key success factors for this type of contracts in Peru.
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Opawole, Akintayo, Godwin Onajite Jagboro, Kahilu Kajimo-Shakantu, and Betty Oluwafunso Olojede. "Critical performance factors of public sector organizations in concession-based public-private partnership projects." Property Management 37, no. 1 (February 18, 2019): 17–37. http://dx.doi.org/10.1108/pm-09-2017-0052.
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Purpose The purpose of this paper is to evaluate critical factors that impact public sector organizations’ (PSOs) performance in PPP contracts with a view to improving their capabilities toward efficient project delivery and attracting more private sector investments. Design/methodology/approach The research methodology is a quantitative approach which commenced with an in-depth literature review that provided the basis for identification of the variables that were evaluated through a structured questionnaire. Respondents were professionals from stakeholders’ organizations that had been involved in PPP contracts in the Southwestern region of Nigeria selected using respondent driven sampling technique. These include industrial practitioners from governmental-based organizations (ministries, agencies, corporations/parastatals, etc.), private developers/concessionaires, law firms, and banks, among others. Data collected were analyzed using mean, relative significance index) and factor analysis. Findings The critical performance factors of PSOs in concession contracts clustered under nine components. These were technical, legal, political, finance, market maturity, economic, procurement process, performance guarantee and degree of regulation. PSOs’ capability development measure in countries newly experimenting with concession model is expected to focus on these factors for improved project delivery. Research limitations/implications The study provided implications for capabilities improvement, legislation and policy making with respect to PPP transactions in countries newly experimenting with PPP contracts. This is highly significant to improving the capabilities of PSOs and attraction of more private sector partnership in infrastructure delivery through the concession model. Practical implications The study provided implication for capabilities improvement, legislation and policing with respect to PPP transactions in countries newly experimenting with PPP contracts. This is highly significant to improving the capabilities of PSOs and attraction of more private sector partnership in infrastructure delivery through concession model. Originality/value Previous studies on PPP performance had either focused on the projects or generalized the performance assessment to PSOs and private investors. This study extended the researches on PPP performance by revealing factors specific to the public sector stakeholders.
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Obi, Abang, and Ologunwa O. P. "Post Concession and Users’ Perceptions of Seaports in Nigeria." International Journal of Research and Innovation in Social Science VII, no. XII (2024): 550–62. http://dx.doi.org/10.47772/ijriss.2023.7012045.
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Seaports in Nigeria are gradually moving away from being publicly operated to engaging the private sectors in terminal operations through concession contracts. This paper examined the Users’ Perceptions of the Pre and Post Concession of Nigerian seaports. The study employed qualitative and quantitative research method with data spanning between 1994 and 2019. The results showed that; the performances of Pre concession was perceived poor by the users in Onne seaport (mean = 1.84) while it was graded good at Post concession (mean = 3.49). Port users Perceived the performances of Apapa seaport at Pre concession as poor (mean = 1.88) while it was perceived as good at Post concession (mean = 3.11). Port users Perceived the performances of Warri port at Pre concession as poor (mean = 1.75), while it was perceived good at Post concession (mean = 3.09). However Port Users in all the ports perceived level of corruption lower at the pre concession (mean = 1.64) than the post concession (mean = 2.87). In all the selected ports, users rated relevance of ICT in cargo clearance as most perceived good while the satisfaction of the port services was perceived least at concession (mean =3.64, 2.75). The paper concludes that there was an improvement in the provision of adequate & modern critical infrastructures at concession. The relevance of ICT in cargo clearance improved at concession as well as the managerial competency of the terminal operator. However, at the period of this paper, levels of corruption were perceived positive and significant at concession.
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Crampes, Claude, and Antonio Estache. "Regulatory trade-offs in the design of concession contracts." Utilities Policy 7, no. 1 (March 1998): 1–13. http://dx.doi.org/10.1016/s0957-1787(98)00003-4.
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Oliveira, Carlos Roberto de. "Verificador independente em contratos de saneamento básico." Revista Digital de Direito Administrativo 11, no. 1 (February 26, 2024): 290–306. http://dx.doi.org/10.11606/issn.2319-0558.v11i1p290-306.
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This article addresses relevant characteristics of the hiring of an independent verifier to support the management and supervision of administrative concession contracts. It is based, with legal, regulatory, technical and economic considerations, on the incompatibility of the implementation or coexistence of independent verification in concession contracts for public basic sanitation services, notably due to the existence of specific legislation that instituted the independent regulation model for the sector (Federal Law No. 11,445/2007). With the theoretical and practical considerations of the inadequacy of the consulting support model, observations are made about the costs incurred, lack of continuity of the verification due to the temporal limitations of contracting through bidding and total absence of legal standardization or regulation of independent verification.
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Yudina, Taisiya. "Government and Foreign Entrepreneurs in the Soviet Economy of the 1920s – 1940s: Relations, Contradictions and Results." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 5 (October 2019): 100–110. http://dx.doi.org/10.15688/jvolsu4.2019.5.7.
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Introduction. The article reveals motives of attracting foreign entrepreneurs to Soviet economy, difficulties with hiring local labor force in concessions, contradictions and solutions between Soviet organizations and concessioners. Relations between foreign entrepreneurs and Soviet government agencies as well as Soviet engineers and workers were regulated by the law. Methods and materials. The author uses the comparative historical method in the work, which makes it possible to compare the number of foreign and domestic labor in concession enterprises, to show the need of attracting foreign specialists to concession and state enterprises, to reveal the cooperation of foreign entrepreneurs with the Soviet state. Sources from The State Archive of the Russian Federation, The Russian State Archive of Economics and The Russian State Archive of Social and Political History were identified for the study. Regulatory acts of state significance (decrees, concession agreements) reflecting the policy of the state in relation to the economic activity of private capitalists; records management documentation (circulars, official correspondence, reporting documentation) covering the real state of affairs at concession enterprises allow to show the peculiarities of relations between Soviet state institutions and foreign entrepreneurs. Analysis. Sometimes concessioners did not meet the governmental requirements in labor force attraction, which caused mutual claims. The author also analyses hiring foreign professionals in Soviet state enterprises because of their important contribution to the Soviet economy recovery and development. Foreign professionals were involved in the production process organization and local labor force education at Kuznetskiy coalfield minery, Stalingrad tractor factory and other state enterprises. Concessions were equipped with brand-new techniques and technologies and were also involved in the local labor force education. Results. The article analyzes the reasons of early cancellation of contracts by foreign professionals and workers and their mass departure from the USSR in the 1930s – 1940s. For example, prosecution and custody for industrial accidents were among of such reasons. Despite this, new foreign engineers were forbidden to enter Sakhalin island by Soviet authorities. The article focuses on the correlation between the deterioration of the international situation from the middle 1930s and existence of Japanese concessions in the USSR until the middle 1940s.The author pays a lot of attention to investigate the issue of obeying to the Soviet labor law by concessioners using unpublished archived documents.
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Castelblanco, Gabriel, Pourya Safari, and Alberto De Marco. "Driving Factors of Concession Period in Healthcare Public Private Partnerships." Buildings 13, no. 10 (September 27, 2023): 2452. http://dx.doi.org/10.3390/buildings13102452.
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Public Private Partnerships (PPPs) play a vital role in infrastructure development and public service delivery, with government entities collaborating with private sector organizations to achieve shared goals in the long term. An essential aspect of PPP contracts is the concession period, during which Special Purpose Vehicles (SPVs) are responsible for financing, building, operating, and maintaining public assets. The concession period has significant implications, associated with project risk, revenue, operations expenses, profitability, and bankability. While numerous studies focus on determining “optimal” concession periods, fewer explore the factors driving concession periods in national PPP programs, especially for social infrastructure projects relying primarily on availability payments. To fill this gap, this research aims to identify and analyze the effect of various potential factors on the length of the concession period, using linear regression analysis on a data set of healthcare PPP projects in Italy. This research theoretically contributes to understanding the driving factors of concession periods in PPP projects and provides insights for a balanced approach to PPP project planning and regulation and related strategies. On the practical side, decision makers can negotiate optimized concession periods, ensuring successful and sustainable public infrastructure projects.
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Magnarelli, Martina. "The Unresolved Conundrum of Contract-based and Treaty-based Claims – An Extra Element of Contention: Privity of Contract and Forum Selection Clauses in Investment Contracts." European Investment Law and Arbitration Review 1, Issue 1 (January 1, 2016): 76–87. http://dx.doi.org/10.54648/eila2016005.
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Investment contracts are of seminal importance in today’s economy and the case-law developed by investment treaty tribunals is increasingly called to find a solution to contentious issues. By reason of the way investment contracts, most remarkably concession contracts, are concluded, there is a particular legal notion that more and more often raises fundamental questions that touch upon state responsibility, attribution of conduct, consent to arbitration and competent fora, i.e. privity of contract. After an initial introduction to the topic, this contribution will particularly focus on the consequences the application of the doctrine bears in international investment arbitration where forum selection clauses are included in local contracts with the investor. This can in fact open the door to different scenarios, either broadening or reducing the scope of jurisdiction of international arbitral tribunals depending on the latter’s interpretation. Indeed, the undefined nature of the matter is material nowadays in discussions regarding this fundamental means of dispute resolution, that, despite the criticism it receives, remains an invaluable instrument to efficiently solve disputes and ultimately uphold the rule of law.
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Orlov, Evgeny. "Noncommercial Concession as an Adjustment Tool for Russian Regions’ Development." Moscow University Economics Bulletin 2019, no. 1 (February 28, 2019): 109–21. http://dx.doi.org/10.38050/01300105201916.
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This article presents the basic aspects of noncommercial concession theory and determines the possible results of its use. Noncommercial concession is an analog of franchising, which transfers advantages of its use onto the level of subfederal and local authorities interaction. Legal framework of noncommercial concession is based on the regional laws and regulations, signed between regional and municipal governments. Intermunicipal social and economic development alignment is a result of noncommercial concession introduction that reduces social tension in both donor municipalities and recipients. The main instruments of intermunicipal alignment are: unification of regional and municipal control and planning systems, creation and implementation of uniform strategic and branch planning documentation system, a possibility for regional government to exert a directive influence on local governments within the signed contracts, accelerated development on the territory of the Russian Federation using noncommercial concession, those branches which have been recognized as priority ones resulting from a comprehensive analysis of the current situation.