Main Article Content
In recent decades, the world has witnessed a major economic renaissance, manifested in the pursuit by governments of most countries of a better standard of living for their citizens, through the achievement of some economic development via implementing reforms that affects all economic fields. The most important of such reforms is the promotion of investments, national or foreign, which requires tremendous efforts to conduct major infrastructure development and modernize projects so as to build a strong impetus to countries in general – especially developing ones – and to place them in the ranks of developed countries. Also, there is a close link between economic growth and infrastructure; the lack of modernity of the latter hampers economic growth and vice versa, the more infrastructure is sophisticated and modern, the more it helps economic growth to evolve; because the establishment of modern and sophisticated infrastructure helps create an atmosphere conducive to achieving significant economic development and progress.
At the beginning of and middle of the twentieth century, it was the governments of states that sought and initiated infrastructure projects so that, at that time, they were not characterized by technological development or the complexity we are witnessing today. At the end of the twentieth century and the beginning of the twenty-first century, the rapid jump in technology, the fall of the Soviet Union and the failure of socialist methodologies, the world easily adopted a capitalist pattern based on the free movement of capital and the free trade that led to the emergence of the term international trade and the term globalization. The evolution of the state's functions from a limited role in protecting citizens and providing security to a greater role is related to the process of promoting economic, political and social development, which in turn has been reflected on public utilities, as along with administrative utilities, economic utilities emerged — both commercial and industrial. That development was accompanied by a similar evolution in the methods of utilities establishment and management.
As a result of globalization and its effects, especially in economic terms, most of the world's nations have moved towards the application of a free economy and the abandonment of a socialist or command economy. This has led the state's thinking towards modern methods of managing public utilities so as to avoid the disadvantages of some traditional contractual systems, such as B.O.T contracts. Therefore, public-private partnership contracts have emerged in this evolving system, whereby risk allocation is based on the assumption by each partner of the risks that it is worth managing and overcoming with a degree of efficiency that exceeds the second party's management, which means resulting in the best exploitation of the resources of society, and a higher value for the invested funds. Moreover, partnership is a reform policy aimed at eliminating the imbalance of productive structures in public projects. It is an important source of funding. The partnership also aims to improve the quality of services provided to citizens and to lift the burden on the state's budget without affecting its ability to deliver services at competitive prices. The public-private partnership is a complex process that can serve all parties in the event of expert and appropriate management.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Dr. Abdullah Shehata Hattab, Public-Private Partnership and Public Service Delivery at the Locality Level: Possibilities and Challenges, research published at: www.pidegypt.org/download/Local.../dr%20abdallah%20shehata.pdf. See also: d. Anas Jaafar and Dr. Ashraf Anas Jaafar, Administrative Contracts, A Comparative Study, 5th Edition, Dar Al-Nahda Al-Arabiya 2011, p. 96.
Pr. Francois L ichere, Boris Martor, Gilles Pedini and Sedastien Thouvenot, pratique des partenariats public- prive, Lexis Nexis SA 2009 Paris, p3, et ss.
"From Domination to Competition", Strategic Horizons, Al-Sabah newspaper, 2009, see the website (www.alsabaah.com).
Dr. Amjad Ghanem, Study on: Sectoral Partnerships Existing in the Provision of Public and Municipal Services at the Level of Local Authorities, Elite Management Consulting Company, Ramallah Palestine 2009, p. 10. Posted on Dr Amjed PPP with LGUs in Palestine website.
Dr. Ahmed Sayed Ahmed Mahmoud, Arbitration in Partnership Contracts (PPP), a paper presented at a symposium held by the Arab Administrative Development Organization entitled “The Legal Framework for Partnership Contracts between the Public and Private Sectors and Arbitration in Their Disputes”, Sharm El Sheikh/Arab Republic of Egypt 2011, p. 7 and 8. Also see: Dr. Muhammad Abdul Majeed Ismail, Economic Public Law and the New International Administrative Contract, Al-Halabi Human Rights Publications, Beirut, 2010, p. 176.
Dr. Rajab Mahmoud Tajen, Partnership Contracts between the Government and the Private Sectors, 2nd Edition. Dar Al-Nahda Al-Arabiya, 2010, pg. 7, margin No. 1.
Dr. Ahmed Sayed Ahmed Mahmoud, Arbitration in Partnership Contracts (PPP), Arab Administrative Development Organization, 2011, previous source, p. 8.
Article 2 of the Egyptian Partnership Law No. 67 of 2010 - published in the Official Gazette - No. 19 bis (a) on May 18, 2010 entitled Law regulating the participation of the private sector in infrastructure projects, services and public utilities. Also see: The guideline for registration, presentation, assignment, contracting and implementation of partnership projects between centrally funded public sector entities and the local or foreign private sector, the Iraqi Ministry of Planning "in implementation of Cabinet Resolution No. 96 of 2016".
Yasmine Mahmoud Mohamed Al-Jazzar. Alternatives to government financing of infrastructure projects (models of participation between the public and private sectors), Master's thesis, Cairo University, Faculty of Economics and Political Science, Department of Economics, 2011, p. 23.
Hanan Rashid Salem Al-Balawi, Partnership between the Government and the Private Sector as an Introduction to Improving Quality in Health Services, Ph.D. Thesis, Cairo University, Faculty of Economics and Political Science, Department of Public Administration 2011, p. 33. For more on partnership contracts see: European Commission, Guidelines for Successful public private partnerships, 2003 p1 Accessed on Sep. 25, 2005, also: BRENET (F.) MELLERAY (F.), Préface LACHAUME (J. F.), Les contrats de partenariat de l'ordonnance du 17 juin 2004, une nouvelle espèce de contrats administratifs, Lexis Nexis Litec, Paris, 2005 , p. 29 et ss, Christina D. Tvarno and others, Public - Private Partnearishps - An international analysis - from a lagal and economic perspective, Issuance of the European Union 2010, p23 et ss. Also: Pr. Laurent Richer, droit des contrats administratifs, l.g.d.j2006, p631 et ss. and SALAH ELDIN CAMAL, Le partenariat public privé et le mécanisme de l'équilibre contractuel en doit interne et international, thèse, Aix Marseille 3, 2010, p.179 et ss.
Dr. Ahmed El-Sayed Atallah, The Legal System of Partnership Contracts in Public Utility Projects According to Law No. 67 of 2010, Edition 1, Faculty of Law Press, Cairo University, 2011, p. 7.
What's new about the National Program for Partnership with the Private Sector, a booklet issued by the Egyptian Ministry of Finance, June 6, 2009, on the website: http://www.pppcentralunit.mof.gov.eg/NR/rdonlyres/60B7C0F1-B638-4656-B67E-CFA3D32916BF/ 0/PPPArBookJune.pf.
See what is new about the National Program for Partnership with the Private Sector, previous reference.
Dr. Ahmed Sayed Ahmed Mahmoud, research entitled: Arbitration in Partnership Contracts (PPP), Arab Administrative Development Organization, previous reference, p. 12 and after.
See JEAN - ETIENNE DE BETTIGNIES AND THOMAS W. ROSS, The Economics of Public - Private Partnerships, University of British Columbia Vancouver 2004, p 145. www.jstor.Org/stable/3552389.
Dr. Rajab Mahmoud Tajen, Partnership contracts between the public and private sectors, previous reference, p. 21. For more, see: D. Hanan Rashid Salem Al-Balawi, The Partnership between the Government and the Private Sector as an Introduction to Improving Quality in Health Services, Ibid., p. 95.
See Edward Farquharson and others, how to engage with the private sector in public-private partnerships, op. cit., p.9 et ss. Also see: d. Ahmed Bouashiq, Public-Private Partnership Contracts: A Modern Public Policy for Financing Sustainable Development in Morocco, International Conference on Administrative Development “Towards Distinguished Performance in the Governmental Sector”, Kingdom of Saudi Arabia, November 2009, p. 10.
Dr. Hamada Abdel Razek Hamadeh, The Legal System for the Public Utility Concession, Ibid., pp. 72 and 73.
Dr. Abdel Salam Ahmed Hammash and d. Yousef Abdul Hamid Al Marashda, Partnership Contracts and State Sovereignty, Research Presented in a Symposium entitled “Participation Contracts and Their Effects PPP”, Arab Organization for Administrative Development, Manama/Bahrain for the period from April 6-9, 2008 p. 18.
Dr. Rajab Mahmoud Tajen, Partnership contracts between the public and private sectors, previous reference, p. 108 and beyond.
Edward Farquharson and others, how to engage with the private sector in public-private partnerships, op .cit., p10 et ss
See Samuel Colverson, Harnessing the power of public-private partnerships, op. cit., p3. . See also: d. Ahmed Bouachik, Public-Private Partnership Contracts: A Modern Public Policy for Financing Sustainable Development in Morocco, op. cit., p. 13.
Abdel Baki(S), Les projets internationaux de construction menés selon la formule B.O.T. (Bould, Operat Transfer) Droit égyptien-Droit français, thèse, Paris, 2000, p60 et 70 .
Loncle (J.M) Grands projetsd infrastrctures: lemontage Build Oprerate Transfer (B.O.T), R.D.A.L, n8,1997, p946.
Dr. Mr. Sami Al-Awani, Obligations and Rights of Contractors in the Execution of Construction, Exploitation and Delivery Contracts B.O.T. 1, Dar Al Tawfiqia for Heritage - Cairo 2011, p. 140. Also dr. Muhammad Abdul Majeed Ismail, Economic Public Law and the New International Administrative Contract, previous reference, pp. 181 and 182.
Dr. Rajab Mahmoud Tajen, Partnership Contracts between the Government and the Private Sectors, Ibid., p. 146.
Dr. Hossam Morsi, The Origins of Administrative Law 1, 2012, Al-Fath for Printing and Publishing - Alexandria, p. 453. Also: Dr. Camelia Salah El-Din, The Legal Nature of Public-Private Partnership Contracts in the UNCITRAL Model Law and Arab Legislation, op. cit., p. 24.
Article 2 of the Egyptian Partnership Law No. 67 of 2010.
Dr. Jaber Gad Nassar, Administrative Contracts, previous reference, p. 106 - Dr. Muhammad Fouad Abdel Basset, Legal Administrative Works (Book Two: The Administrative Contract), Dar Al-Nahda Al-Arabiya 2012, p. 773.
Dr. Walid Haider Jaber, Delegation in the Management and Investment of Public Utilities "A Comparative Study", Al-Halabi Human Rights Publications 2009, p. 481. Also see: d. Rajab Mahmoud Tajen, Partnership contracts between the public and private sectors, previous reference, pp. 256 and 257.
See Samuel Colverson, Harnessing the Power of Public - Private Partnerships: The role of hybrid financing strategies in sustainable development, Summit Consulting Group, 2012, p4 et ss.
See Droit Des Contrats Administratifs, 5edition, op-cit, p635 Pr. Laurent Richer.
Dr. Rajab Mahmoud Tajen, Partnership contracts between the public and private sectors, previous reference, p. 26 and beyond.
See Pr. Laurent Richer, Droit Des Contrats Administrators, 5edition, op-cit, p635.
Pr. Francois Lichere, and others, pratique des partenariats public- prive, Lexis Nexis SA 2009 Paris, p3 et ss. Also see Droit Des Contrats Administratifs, 5edition, op-cit, p637. Pr. Laurent Richer.
See Linda M. English, P.P.P.: Modernization in the Australian, 2008, op. cit., p3 et ss.
See Samuel Colverson, Harnessing the power of PPP, 2012, op. cit., p. 22
Dr. Mona Ramsan Batikh, The legal framework for the legitimacy of the PPP contract and the alternative means for settling its disputes, ibid., p. 9.
Dr. Muhammad Abdul Majeed Ismail, Legislative and Contractual Regulation of New Patterns of State Contracts Related to Infrastructure Projects, op. cit., p. 48.
The benefits of partnership between the public and private sectors, research published in the Electronic Economic Journal Issue: 06/26/1433 6793 Corresponding to: 5/17/2012 on the following website: www.aleqt.com
Dr. Hani Salah Sarie El-Din, Legal and Contractual Regulation of Infrastructure Projects Funded by the Private Sector, Ibid., p. 193.
Dr. Mohsen Shafiq, The Project with Multiple Nationalities, Dar Al-Nahda Al-Arabiya 2006, p. 50.
See: Articles (14-18) of the Egyptian Participation Law No. 67 of 2010.