Foreign investment and public-private partnership Cover Image

Страна улагања и јавно-приватно партнерство
Foreign investment and public-private partnership

Author(s): Cariša Bešić, Snežana Bešić
Subject(s): Commercial Law
Published by: Институт за међународну политику и привреду
Keywords: European Union;foreign;private-partnership;combined

Summary/Abstract: The paper deals with the issue of combined public and private partnership as an alternative method of financing the infrastructural projects, which has been implemented more and more in the world. Also, the topics such as the principal characteristics and legal regulation of institute through a comparative law review are elaborated. The paper analyses, in particular, the situation in our law regarding this institute in the context of foreign investments. As alternative methods of funding infrastructure projects, the public-private partnerships are increasingly in use in the world. Its usefulness is primarily in the reallocation of risks and costs over traditional forms of financing. However, it has to establish an adequate superstructure in the form of the corresponding legal and other accompanying rules relating to the combined public and private partnership, which does not exist in Serbia at present, in order to activate this useful model on financing and place it in the function of attracting foreign investments to the highest possible extent. In that sense, the EU standards could be used as institution barriers. Considering the character of particular parties and the nature of the relationship that they establish via this type of partnership, special attention in regulating this matter should be dedicated to the reduction of risk and providing of legal certainty to the partners. By means of a synergy of the supreme qualities of the public and private sector, here with respect of “value for money” principle and value of public services and infrastructure facilities, the partnership between the public and private sector capitalizes on providing a wide range of public services and infrastructure.

  • Issue Year: 2017
  • Issue No: 60
  • Page Range: 106-117
  • Page Count: 12
  • Language: Serbian