Fundamental Principles in PPP Laws: A review of Latin America and The Caribbean

One method whose applicability is increasing is the use of public-private partnerships (PPPs) to finance and/or manage infrastructure projects. In this regard, well-prepared infrastructure projects can generate high social rate of returns and improves well-being, whereas inadequate infrastructure represents a barrier to growth and improved quality of life and can lead to unsustainable financial burdens for the government, especially in developing countries.

Although not all infrastructure is suitable to follow the PPP route, those policy-makers that choose to shift from public infrastructure financing to private partner have to consider the nature and motivations of long-term investors and the generation of value for money as well, that is, to align the interests of both the public and private sectors.

With the participation of a private partner in well-prepared investment projects, there may be larger investments and the population’s life quality improvement. Also, PPPs are a way to introduce private sector technology and innovation into providing better public services through innovative planning and design’ and ‘efficient project management. 

Building and maintaining infrastructure are essential for economic expansion and social development, if delivered efficiently and effectively, it can translate into economic growth. However, the world is not spending enough on infrastructure to catch up with technological changes, urbanization and shifting demographics.

The Inter-American Bank (IDB) and the Global Infrastructure Hub (GIH) decided to analyze and carry out a research on the legal framework for PPPs in Latin America and the Caribbean Region to establish guidelines on PPP law leading practices.