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Public-Private Partnerships (PPPs) are the cornerstone of modern global infrastructure development, delivering essential public services through long-term collaborations between states and private investors. Today, the progress of societies is increasingly measured by the efficiency of their infrastructure and their capacity to govern public sectors with resilience, stability, and long-term effectiveness. However, because these contracts often span several decades, they are inherently vulnerable to "contractual incompleteness"-an inability to foresee future contingencies. In an era marked by unprecedented global economic shocks, currency devaluations, and heightened transparency demands, traditional administrative law frameworks are struggling to maintain the delicate balance between contractual stability and public service efficiency. This book offers a pioneering, multidisciplinary solution to this structural crisis by blending advanced Law and Economics theory with practical judicial insights, to engineer next-generation, sustainable and resilient PPPs. Moving beyond purely financial or abstract legal analysis, the work provides a rare "view from the bench," evaluating how administrative courts and arbitral tribunals actually interpret risk, force majeure, and economic imbalances during crises. Through a rigorous comparative study across four distinct jurisdictions-Germany, France, the United Kingdom, and Egypt-the book applies economic incentive theories to achieve value-for-money (VfM) and determine the optimal "least-cost avoider" for infrastructure risks. Crucially, the text integrates the latest global standards from the World Bank and the OECD (MAPS), culminating in a comprehensive, functional Risk Allocation Matrix designed to help policy-makers price and mitigate contractual risks proactively. Furthermore, it decrypts cutting-edge challenges at the intersection of technology and justice, analysing legal bottlenecks in dgtl infrastructure procurement alongside substantive arbitral trends in Investor-State Dispute Settlement (ISDS) and Dispute Review Boards (DRBs).This volume is an essential reference for postgraduate students, researchers, and scholars in International Economic Law and Public Policy. It also serves as a highly practical guide for Governments, International Organisations, Policymakers, procurement regulators, administrative judges, and international arbitrators navigating complex state contracts.
Mohamed M. M. Gomaa is a Judge at the Supreme Administrative Court, Council of State, Egypt, a PPP expert at the World Bank, an External Expert for the European Parliament's Directorate-General for Parliamentary Research Services (EPRS), and a former Legal Consultant at the OECD in Paris, France.
| Author | Mohamed M. M. Gomaa |
| ISBN-13 | 9781042545568 |
| Publisher | Taylor & Francis |
| Publication Date | 01/16/2027 |
| Series | Routledge Studies in Public Economics and Finance |
| Page Count | 328 pages |
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