The Role of Partnership Contracts (PPP) in the Progress of Developing Countries

Authors

  • Associate Professor Doctor Hoda Mohamed Abdel Rahman El-Sayed Dar Al Uloom University –Faculty of law

DOI:

https://doi.org/10.35246/5yp6gk54

Keywords:

partnership, contracting, financing, less progress

Abstract

This study dealt with the concept of partnership, explaining that this term, has many definitions, and included in the legislation of the majority of countries, and addressed by many scholars, researchers and thinkers.  All this is due to the importance of its role in providing the necessary financing for the establishment, implementation, development and maintenance of projects, financing from the private sector, away from the state budget, or borrowing from abroad. It explained the relationship between the partnership system and the progress of developing countries, explaining that this system provides the necessary financing for the basic projects needed by the state, from two sources, the first is a set of objectives, which works to provide financing, and the second is a set of principles, working to attract capital and provide a suitable climate for investment. In addition, the study outlined some of the characteristics of developing countries, which illustrated their strong need for financing, and some of the factors that encouraged private investment, which helped them to progress.

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References

First: Arabic References:

I. Ibn Manzur, Lisan al-'Arab, Dar al-Maaref, Cairo, vol. 4, vol. 24, n.d.

II. Hamad, Sayed Ahmad, (2013), Arbitration in Partnership Contracts, Dar masr for Modern Printing, Cairo.

III. Al-Banna, Mahmoud Atef, (n.d.), Principles of Administrative Law, Dar Al-Fikr Al-Arabi.

IV. Al-Bahgy, Essam, (2000), B.O.T. contracts for building the modern state, New University House, Alexandria.

V. Jibril, Jamal Othman, (2001), The Legal Nature of the Build-Operate-Transfer and Transfer Contract, research published within the group of studies issued by Sadat Academy for Administrative Sciences, under the title: B.O.T. and Sisters Projects: Legal and Economic Aspects.

VI. Rabah, Ghassan, (2011), The International Commercial Contract, Dar Al-Fikr Al-Liban, Beirut, first edition.

VII. Al-Ruby, Mohammed, (2016), Construction, Exploitation and Delivery Contracts: A Study in the Framework of Private International Law, Dar Al-Nahda Al-Arabiya Publishing.

VIII. Zaki, Elena Hassan, (2006), Law on the Protection of Competition and Prevention of Monopoly, Dar Al-Nahda Al-Arabiya for Publishing, Cairo.

IX. Salem, Hanem Mahmoud, (2022), Practical Problems of PPP Contracts, Dar Al-Nahda Al-Arabiya for Publishing and Distribution, Cairo.

X. Al-Sais, Nabil Abdo, (2023), Partnership Contract with the Private Sector: A Comparative Study, Modern University Publishing House, Alexandria.

XI. Ser El-Din, Hani Salib, (1999), The Legal Framework for Infrastructure Projects Financed by the Private Sector with the Build-own-Operate-Transfer System in Egypt, Journal of Law and Economics, No. 69.

XII. Sayed, Jihan Hussein, (2009), The Role of the Legislative Authority in Controlling Public Funds, Dar Al-Nahda Al-Arabiya for Publishing, Cairo.

XIII. Al-Sayed, Abdel Rahman El-Sayed, (2000), Economic Development and Economic Planning, Book Distribution Center, Faculty of Commerce, Sohag University, Egypt.

XIV. Taher, Ragab Mahmoud, (2007), Partnership Contracts, Dar Al-Nahda Al-Arabiya for Publishing, Cairo.

XV. Okasha, Hamdi Yassin, (2019), Public-Private Partnership Contract, without a publishing house.

XVI. Al-Anani, Aladdin, (2020), Modern Images of Administrative Contracts of an International Nature and their Impact on Arbitration in Administrative Contract Disputes, Dar Al-Nahda Al-Arabiya for Publishing, Cairo.

XVII. Fayed, Mahmoud Bahgat, (2000), Establishing Investment Projects According to the Build-Operate-Transfer and Ownership Law, Dar Al-Nahda Al-Arabiya for Publishing, Cairo.

XVIII. Qassem, Safi A. Hamad, (2016), The Legal Nature of PPP Contracts, Dar Al-Nahda Al-Arabiya for Publishing, Cairo.

XIX. Al-Kadiki, Samira Ali, (2020), Monitoring Partnership Contracts between the Public and Private Sectors: A Comparative Study, New University Publishing House, Alexandria.

XX. Al-Kahlawi, Rajab Al-Sayed, (2018), The Administrative System in the Kingdom of Saudi Arabia, Al-Sharq Publishing Office, Saudi Arabia, Riyadh.

XXI. Arabic Language Academy, (2000), Al-Wajeez Dictionary, General Authority for Princely Printing Affairs, Cairo.

Legal Research and Theses:

I. Ismail, Mohamed Abdel Meguid, (2009), International Works Contracts, PhD Thesis, Faculty of Law, Cairo University.

II. Juma'a, Sally Salim, (2023), Management Authorities in Partnership Contracts with the Private Sector: A Comparative Study, Published Master's Thesis, College of Law and Political Science, Anbar University, Modern University Publishing House.

III. El-Khouly, AkthM., (1959), Major Trends in Public Project Law, Journal of the Department of State Lawsuits, Third Year, Second Issue, April – June.

IV. GQ RD, A Hamad Al-Sayed, (2002), B.O.T and a global international contract, research presented by the Sixth Nuclear Conference, Faculty of Law, Mansoura University, held on March 26-27.

V. Abdel Moaty, Amal Hamza, (2022), Management Powers in the Partnership Contract (PPP) and the Effects of Exercising Those Powers (A Comparative Study), Research Published in the Journal of Legal and Economic Research, Issue Eighty-One, Mansoura University.

VI. Azzam, Mohamed Azzam, (2022), Mechanisms for Settling Disputes of Partnership Contracts between the Public and Private Sectors: A Study under Law No. 67 of 2010, PhD Thesis, Faculty of Law, Alexandria University.

VII. Ashmawy, Shukri Ragab, (2011), Public-Private Partnership in Egypt: An Economic Necessity, Journal of Legal and Economic Research, Faculty of Law, Alexandria University.

VIII. Mohammed, Ammar, (2008), entitled: Concluding Partnership Contracts, published by the Arab Administrative Development Organization.

IX. Mustafa, Karim El-Sayed, (2023), Participation Contract: Public Tenders and Auctions, Direct Order or Direct Commission, Published Master's Thesis, University Press, Alexandria.

Second: Foreign References:

I. Clivier Pill Lambie, (2001), "A aspects Juridiques des Finance ments de Projects Appliques Aux Grands Services Publics Dans La Zone or ade" R.D.A.L.

II. Jane Broadbent & Richard Laughlin, (2004), "Forum: Public Private Partnerships, PPP, Nature, Development & Unanswered Questions, Australian Accounting Review, Vol 14.

III. World Bank, (2008), Attracting Investors to African PPP, A Project Preparation Guide.

IV. Christine d tavgrno & others, (2010). "public partnership on international analysis, from a legal & economic perspective", issuance of the European union, 2010.

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Published

2023-12-25

How to Cite

El-Sayed, Hoda. 2023. “The Role of Partnership Contracts (PPP) in the Progress of Developing Countries”. Journal of Legal Sciences 38 (2): 77-102. https://doi.org/10.35246/5yp6gk54.

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