ABSTRACT
The leading schools in economics such as the Chicago school minimize state intervention in economic activities to the minimum; however, state intervention to permit PPP techniques through legislation and regulatory frameworks is necessary in MENA countries as the permission of PPP contracts was controversial in some MENA countries. This chapter highlights the situation in Egypt before promulgating PPP legislation in 2010, the situation in Egypt after the promulgation of PPP legislation, and the legal and institutional frameworks of PPP techniques in Egypt. Further, it introduces the situation in Kuwait with regards legislation before and after state intervention to permit PPP techniques. Finally, this chapter explains the legal and institutional frameworks for PPPs in Jordan, Morocco, Tunisia and Algeria. PPP techniques were recognized in practice in MENA countries before PPP legislation came into force and there was a ‘décalage’ between PPP practice and PPP legislation.
The objective of this chapter is to elaborate on the legislative and regulatory frameworks, as well as the other relevant legislation. It provides an in-depth analysis of the relevant developments in legislation in Egypt, Kuwait and Dubai as well as jurisprudence and their effect on academia, policy and law making. Legislative and regulatory developments have significantly enhanced the delivery of public services through Egyptian PPP law in 2010, Kuwait PPP law in 2014, Dubai PPP law in 2015 and other MENA countries’ legislation. The situation of other MENA countries will be explored in detail when relevant.
