Jump to ContentJump to Main Navigation
International Investment Law and Comparative Public Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 November 2019

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
DOI:10.1093/acprof:oso/9780199589104.003.0015

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .