Bot Concession Agreement Legislative Research

BOT, the abbreviation for Build-Operate-Transfer, means a way of private participation in infrastructure (PPI). The BOT franchise contract reached by the host government and the private investor stipulates the rights and duties the both sides should bear, and lays the foundation for the smooth operation of the said BOT program.The thesis, consisting of four sections, focuses on the legal issues of the BOT contract. In the first section, we discuss the concept, the characteristics,This section provides us necessary backgrounds for further analysis. The second section is divided into two parts to analyze the nature of the contract from two aspects. The first part tells us that the BOT contract is a domestic one, and the second part concludes that the BOT contract is an administrative contract. This section provides a theoretical discussion on settlement of disputes and corresponding legal applications. The third section focuses on the host Government's Guarantees in BOT contract, mainly the Host Government's Guarantees as one party of the BOT contract, which has the legal character of administration. This thesis has divided these duties into two parts as the Privileged Rights and the Governmental Guarantees. This section's aimis to clarify the Host Government's Guarantees and implications in BOT Contracts as a party of the said contracts and smooth the way these duties are performed in. The fourth section is the core of this thesis and two main problems are discussed here. First, the legislative experience of western countries in laws and regulations on BOT Contracts, and the corresponding situation and problems in that of China; and second, the theoretical proposals of legislative framework on BOT contracts.