Environmental Engineering Reference
In-Depth Information
Fig. 1.1 The basic
structure of PPPs
Public Private Partnership
Contractual PPPs
Institutional PPPs
Cooperation Model
Joint Venture
venture is that the public sector has better access to information and can thus control
the SPV more effectively.
178
Figure
1.1
illustrates the basic setup of PPPs.
1.4.2 Different Types of Contracts Within Contractual
and Institutional PPPs
There are numerous types of cooperation within the wide range of PPPs.
179
Besides
those mentioned above, there are further PPP forms, such as Design Build Operate
(DBO), Lease Own Operate (LOO) or Lease Develop Operate (LDO) and Conces-
sion.
180
Instead of using them to distinguish PPPs from one another, they represent
the different forms of PPP cooperation and can thus be combined.
181
The most
relevant agreements are BOT, BTO (Build Transfer Operate), DBFO (Design-
Build-Finance-Operate), BOO, BOOT, PFI
(Private Finance Initiative) and
Concessions.
The core elements of a BOT agreement combine the responsibilities for design
and construction with the operation and maintenance for a certain period of time.
182
At the end of a BOT agreement, there is an obligation to transfer the rights to the
operation.
183
Nonetheless, at the end of the contract period, there is also the
possibility of returning the task of operation back to the SPV.
184
A BTO agreement
178
Yescombe (
2007
), 321.
179
Kumaraswamy and Zhang (
2001
), 195 (196); Kullack in Heiermann et al. (
2008
), 1487 para 29;
Roquette/Butcher in Roquette and Otto (
2005
), F. Public-Private Partnership III para 1.
180
Yescombe (
2007
), 7-8; Malone (
2005
), 420 (421); Hathorn (
2008
), 245 (247).
181
Yescombe (
2007
), 8.
182
Werner and Fiedler (
2007
), 91 (94); Palmer (
2009
), 13; Yescombe (
2007
), 8; Stocker (
2010
),
104; Kn¨ tel in Siebel et al. (
2008
), para 1273; Jasper (
2001
), 51; Bertelsmann Stiftung
et al. (
2011
), 15; Coining part of the BOT, respectively PPP, in: Hunter (
2007
), 165 (165); Bremer
(
2005
), 23; cf. Bauer (
1998
), 89 (91).
183
Palmer (
2009
), 13; Yescombe (
2007
), 8; Bremer (
2005
), 23.
184
Werner and Fiedler (
2007
), 91 (94).
