DOI: 10.7256/2454-0706.2021.11.37042

Abstract: The subject of this research is the prospects for the development of international legal regulation of public-private partnership. The question is raised on the diminishing role of the state in regulation of international and transboundary relations in the sphere of public-private partnership. The author indicates a quite noticeable replacement of traditional regulatory processes, the key role in which is played by the states, with informal processes of international rule-making, in which the lead is taken by non-state actors. It is substantiated that the absence of international convention on public-private partnership negatively affects the regulation of relations in the sphere of public-private partnership. Leaning on the domestic and foreign scientific literature, the author outlines the vector of development of international law in the sphere of public-private partnership, as well as substantiates the need for adopting the international framework convention on public-private partnership. Analysis is conducted on the special forms of interaction between international law and national law in the sphere of public-private partnership, as well as on correlation between international law and non-legal regulators of public-private partnership. The article describes the key aspects of the content of the international framework convention on public-private partnership. The novelty of consists in establishment of the vector of development of international legal regulation of public-private partnership. Based on the “clash” of private law and public law approaches towards regulation of international investment relations, the author substantiates the comprehensive approach towards regulation of public-private partnership.

DOI: 10.7256/2454-0633.2021.4.36516

Abstract: Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

DOI: 10.25136/2644-5514.2021.3.36518

Abstract: The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.

DOI: 10.7256/2454-0633.2019.2.29970

Abstract: The recognition of public-private partnership as one of the methods for achieving sustainable development goals shifted its regulation to the category of common interests of the states. The subject of this research is the institutional form of international cooperation in the area of public-private partnership, characterized by involvement of multiple international organizations that have regulatory effect upon the relations in this sphere. The results of such impact are quite significant, but at the same time lower than real capacity. Critical assessment along with analysis of the trends and limitations in exercising of regulatory function of international organizations in the area of public-private partnership appear relevant. Application of the methods of comparative analysis, as well as document and social networks analysis, allow forming the conceptual basis for determining the role of international organizations in regulating public-private partnership, problems of their interaction and prospect of future international cooperation in this sphere. The key role of international organizations in the area of public-private partnership consists in influencing the national peacebuilding processes of the states in the area of public-private partnership by unification and harmonization of corresponding legislation and facilitating the process of creating the customary rules of international law in the sphere of public-private partnership. It also implies in transformation of the concept of public-private partnership. The results of regulatory effect of international organizations with regards to public-private partnership are not necessarily identical, as the functions of international organizations on regulating public-private partnership have its limitations, substantiated either by the objective factors of the development of international cooperation in the area of public-private partnership, or mostly by the provisions of constitutive acts of these organizations. The method of overcoming such issues can become the transformation of regulatory function of international organizations and modification of the instruments for its implementation or creation of new ones.