- Title Pages
- Dedication
- Foreword
- Preface
- Table of Cases
- Table of Treaties, Legislation, and Related Instruments
- List of Abbreviations
- List of Contributors
- 1 International Investment Law and Comparative Public Law—an Introduction
- 2 Minimum Standards of Procedural Justice in Administrative Adjudication
- 3 Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality
- 4 The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark
- 5 Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law
- 6 Full Protection and Security
- 7 Cain and Abel: Congruence and Conflict in the Application of the Denial of Justice Principle
- 8 The Merits and Limits of Comparativism: National Treatment in International Investment Law and the WTO
- 9 Discrimination on the Basis of Nationality: Determining Likeness in Human Rights and Investment Law
- 10 Umbrella Clauses as Public Law Concepts in Comparative Perspective
- 11 Transfer of Funds: the Interaction between the IMF Articles of Agreement and Modern Investment Treaties: a Comparative Law Perspective
- 12 State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests
- 13 Legitimate Expectations and Informal Administrative Representations
- 14 Revocation and Cancellation of Concessions, Operating Licences, and Other Beneficial Administrative Acts
- 15 Public-Private Partnerships: Award, Performance, and Remedies
- 16 Economic Emergency Powers: A Comparative Law Perspective
- 17 Property Protection and Protection of Cultural Heritage
- 18 Taxation and Investment: Constitutional Law Limitations on Tax Legislation in Context
- 19 Comparative Taxation Procedure and Tax Enforcement
- 20 Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law
- 21 Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law
- 22 The Need for Public Law Standards of Review in Investor-State Arbitrations
- 23 Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View
- 24 Comparative Compensation for Expropriation
- 25 Transparency and Representation of the Public Interest in Investment Treaty Arbitration
- Index
Public-Private Partnerships: Award, Performance, and Remedies
Public-Private Partnerships: Award, Performance, and Remedies
- Chapter:
- (p.475) 15 Public-Private Partnerships: Award, Performance, and Remedies
- Source:
- International Investment Law and Comparative Public Law
- Author(s):
Catherine Donnelly
- Publisher:
- Oxford University Press
Relying on a comparison of the United Kingdom, the United, the EU, and France, this chapter considers whether, and to what extent, there are common approaches in the policies and practices across jurisdictions regarding public-private partnerships (PPPs). The aim is to refine formulations of such principles of international investment law, as fair and equitable treatment of the investor, transparency, legitimate expectations, proportionality, and due process as they apply to PPPs. It is argued that advertising, competition, and a qualified lowest price award criterion promote transparency. While legitimate expectations are protected, the principle is curtailed by the governmental desire to preserve flexibility, increasing periodic review, and the overriding importance of legality of public contracting. Due process is promoted by provision for remedies in the event of violation of award procedures or the contract itself; while proportionality requires that contractors not be penalized excessively for contractual breaches.
Keywords: public-private partnerships, EU, United States, France, United Kingdom, fair and equitable treatment, transparency, legitimate expectations, proportionality, due process
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- Title Pages
- Dedication
- Foreword
- Preface
- Table of Cases
- Table of Treaties, Legislation, and Related Instruments
- List of Abbreviations
- List of Contributors
- 1 International Investment Law and Comparative Public Law—an Introduction
- 2 Minimum Standards of Procedural Justice in Administrative Adjudication
- 3 Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality
- 4 The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark
- 5 Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law
- 6 Full Protection and Security
- 7 Cain and Abel: Congruence and Conflict in the Application of the Denial of Justice Principle
- 8 The Merits and Limits of Comparativism: National Treatment in International Investment Law and the WTO
- 9 Discrimination on the Basis of Nationality: Determining Likeness in Human Rights and Investment Law
- 10 Umbrella Clauses as Public Law Concepts in Comparative Perspective
- 11 Transfer of Funds: the Interaction between the IMF Articles of Agreement and Modern Investment Treaties: a Comparative Law Perspective
- 12 State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests
- 13 Legitimate Expectations and Informal Administrative Representations
- 14 Revocation and Cancellation of Concessions, Operating Licences, and Other Beneficial Administrative Acts
- 15 Public-Private Partnerships: Award, Performance, and Remedies
- 16 Economic Emergency Powers: A Comparative Law Perspective
- 17 Property Protection and Protection of Cultural Heritage
- 18 Taxation and Investment: Constitutional Law Limitations on Tax Legislation in Context
- 19 Comparative Taxation Procedure and Tax Enforcement
- 20 Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law
- 21 Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law
- 22 The Need for Public Law Standards of Review in Investor-State Arbitrations
- 23 Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View
- 24 Comparative Compensation for Expropriation
- 25 Transparency and Representation of the Public Interest in Investment Treaty Arbitration
- Index
