The Legal Issues of "Going Global" and the Trans-Nationalisation of the Chinese Public-Private Partnership Model
Published 21 May 2019
How does People's Republic of China's (PRC) international cooperation policy deal with the challenges represented both by the underdevelopment issues still affecting Chinese economic law and by the necessity to interact with different legal system in order to carry out cooperation projects? The Public-Private-Partnership (PPP) model might represent one of the answers. As its diffusion and success within the border of the PRC gradually advances, the Chinese PPP model has been also experiencing an increasing success with regard to international cooperation projects, especially within the framework of the Belt & Road initiative (BRI). Though still in its early developing stages, the transnational Chinese PPP already faces up several issues concerning the shaping of a complex and mature legal environment able to support the spread of such model. The solution to such issues is ultimately aimed at facilitating the "going global" of the Chinese enterprises, in first place State Owned Enterprises (SOEs). However, it must necessarily stem from the construction of a comprehensive Chinese domestic legal model of PPP, in order to approach, in second place, the challenge of the development of a transnational PPP model. The article intends to sketch an overview of the aforementioned issues as well as to lay out some possible solutions.
This paper will be part of the TDM Special Issue on "The Changing Paradigm of State-controlled Entities Regulation: Laws, Contracts and Disputes". More information here www.transnational-dispute-management.com/news.asp?key=1719