Updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects

Authors

Brooke Guven, Columbia Law School, Columbia Center on Sustainable InvestmentFollow
Motoko Aizawa, The Observatory for Sustainable InfrastructureFollow

Document Type

Memo/Briefing Note

Publication Date

11-2018

Abstract

CCSI, jointly with The Observatory for Sustainable Infrastructure, submitted comments to the UNCITRAL Secretariat regarding updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects. CCSI’s comments focused on the need for an updated guide, which will now refer to Public Private Partnerships, to holistically and systematically incorporate considerations of: (1) sustainable development and the SDGs, (2) rebalancing of the public versus private nature of PPPs, (3) transparency, participation, accountability, and remedy, (4) empirical evidence-based assessments of contexts in which PPPs may be desirable, (5) objectives of investment and PPPs, (6) human rights, (7) labor, (8) climate change, (9) environment, (10) sovereign debt and fiscal burden, (11) tax, (12) updates to norms on dispute resolution, and (13) updates to norms on stabilization of laws. CCSI calls for an updated Legislative Guide that can help to guide the implementation of legislative frameworks that are focused on sustainable investment and the promotion of infrastructure in support of the SDGs.

Disciplines

Dispute Resolution and Arbitration | Human Rights Law | International Humanitarian Law | International Law | Law | Securities Law

Recommended Citation

Brooke Guven & Motoko Aizawa, Updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects, (2018).
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/155