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International Investment Law and Comparative Public Law$
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Stephan W. Schill

Print publication date: 2010

Print ISBN-13: 9780199589104

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199589104.001.0001

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Public-Private Partnerships: Award, Performance, and Remedies

Public-Private Partnerships: Award, Performance, and Remedies

(p.475) 15 Public-Private Partnerships: Award, Performance, and Remedies
International Investment Law and Comparative Public Law

Catherine Donnelly

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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