Critical analysis of Ethiopian Public Private Partnership Legal Frame Works

Abstract

Public private partnership is cooperation between government unit and private, primarily for provision of infrastructure to public, typically for long term period. Ethiopia adopted the Public private partnership Policy in 2017 and enacted for the first time its proclamation in 2018. Some legal themes of the proclamation do not framed in the way to balance the interest of public, private and local citizens. Having the purpose of analyzing the Public private partnership legal frame works in balancing these interests, doctrinal method of legal research is employed by using both primary and secondary data through descriptive analyses. The research finds that the models of Public private partnership that will balance the interest of public and private are not well recognized, inhibiting choosing of contract governing law is not in conformity with international standards, efficient and effective method of dispute settlement mechanisms are not adopted, investor guarantees recognized in the country Investment laws is not cross-referred for private party participate in Public private partnership scheme, mother and project Company relationship is not provided in order to curb criminal acts between themselves, Categorization of legal nature of Public private partnership law is not settled, and the ascertainment of the people ownership in the Public private partnership projects is not recognized as to preserve local citizen‟s interest. The research recommends amending some provisions of Public private partnership law, and to follow United Nations Commission on International Trade Law Public private partnership Model Law, United Nations Sustainable Development Goals and Federation International Des Ingeniers Conseils standards Contract to balance the public, private and local citizen‟s interest so as to accomplish the Public private partnership policy objectives.