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Key Messages on the World Bank Group’s 2017 Guidance on PPP Contracts

The World Bank Group recently published its 2017 Edition of the Guidance on PPP Contractual Provisions (the Guidance). By setting forth recommended contractual provisions, the Guidance is expected to speed up or facilitate the conclusion of PPPs. At the request of the Heinrich Boell Foundation, the law firm of Foley Hoag LLP reviewed the Guidance to determine whether the contractual provisions recommended by the World Bank Group achieve an appropriate balance between contracting parties, and adhere to common practices and international law. 

By Motoko Aizawa

Summary Comments on the World Bank Group’s 2017 Guidance on PPP Contractual Provisions

In an effort to promote standardization and expedited negotiation of contracts for Public-Private Partnerships (PPPs), the World Bank Group introduced the 2017 Edition of the Guidance on PPP Contractual Provisions (the Guidance). The Guidance provides both sample language for contracts as well as commentaries to explain legal options. While the Guidance provides improved and more detailed advice as compared with the 2015 version, it continues to emphasize the preferences and requirements of the private sector partner without commensurate consideration of the perspective of the government. In response, the following comments on the Guidance are offered to help ensure that PPP contracts achieve an appropriate balance between investor rights, on the one hand, and the rights of the government and people, on the other.

By Foley Hoag

Submission to the World Bank Group and Summary Comments on the Draft Report on Recommended PPP Contractual Provisions

With legal counsel, the Heinrich Boell Foundation prepared this submission to the World Bank Group's consultation on its draft Report on the 2016 Edition of its "Recommended PPP Contractual Provisions". It cautions that the draft "Contractual Provisions" put an inordinate level of risk on governments (with potential fiscal consequences); obstruct the state's "right to regulate" in the public interest (for instance, to protect the environment and human rights); prefer international (rather than domestic) settlement of disputes; and fail to adequately promote contract transparency. 

By Nancy Alexander

The New U.S. Administration and the German G20 Summit: 3 Things to Watch

This article outlines what US hostility towards multilateralism might mean for the G20 Summit in Hamburg. Nancy Alexander points to three areas of concern: a possible shift of geopolitical alliances, disputes over a new course of global economy, and the future of sustainable development worldwide.

By Nancy Alexander
All Finance, Development and G20


This program monitors and encourages citizens’ participation in power shifts and trends that shape economic governance, such as:

--The West and the institutions it leads (e.g., the World Bank) face greater competition. Emerging market countries, their existing and new institutions (e.g., the China-led Asian Infrastructure Investment Bank) and state-owned enterprises are gaining clout.

--Transnational corporations exert more influence (relative to governments and citizens) over governance, especially trade and investment rules.

--Regional institutions and “club governance” [for instance, the Group of 20 (G20), the Group of 7 (G7) and the BRICS (Brazil, Russia, India, China, and South Africa)] play bolder roles in global governance.

These trends are especially evident in the race to build infrastructure (e.g., energy, transport, water) to access natural resources and markets. The program explicitly encourages citizens’ participation in developing infrastructure and investment rules that serve humanity and the planet in sustainable ways.

G20 Dossiers

For official G20 documents, as well as G20-related civil society, labor, business and think tank documents, click here.  

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