UNCITRAL Legislative Guide and Model Legislative Provisions on Public Private Partnerships
On 8 and 9 April 2021, The United Nations Commission on International Trade Law (‘UNCITRAL’) and the Central University of Finance and Economics in Beijing, China have co-organised a colloquium on PPP Best Practices: Securing Quality Development along the Belt and Road Initiative. It discussed the framework of UNCITRAL Legislative Guide and Model Legislative Provisions on Public-Private Partnerships (PPPs) against the background of the Belt and Road Initiative infrastructure projects.
UNCITRAL is the main legal body of the United Nations system in the field of international trade law, with a general mandate to further the progressive harmonization and unification of the law of international trade, through the issuing of conventions and model laws, cooperation with other international organizations and technical assistance.
The UNCITRAL Model Legislative Provisions are intended to assist the Government in the establishment of a legislative framework for public-private partnerships infrastructure projects. The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offers an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area.
The UNCITRAL Legislative Guide and the Model Legislative Provisions provide information on:
(a) the guiding principles for a legal framework for PPPs;
(b) project planning and preparation of projects;
(c) the contract award with the use of competitive selection procedures; and
(d) the content of the PPP contract.
The UNCITRAL Legislative Guide also discusses other areas of law that may have an impact on the establishment of a legal framework favourable to PPPs, such as intellectual property law, environmental law, security interests, and consumer protection. Both the UNCITRAL Legislative Guide and Model Legislative Provisions on Public-Private Partnerships (English version) and the UNCITRAL Model Legislative Provisions (Chinese version) are attached below for your information. IPPP will post the UNCITRAL Legislative Guide (Chinese version) when it is available.
Documents for download:
  1. UNCITRAL Legislative Guide on Public-Private Partnerships 2020
  2. UNCITRAL Model Legislative Provisions on Public-Private Partnerships 2020
  3. 贸易法委员会公私伙伴关系示范立法条文 (2020)