私人融资基础设施项目的联合国立法、其适用与局限性

联合国国际贸易法委员会为了促进成员国私人融资基础设施项目的协调和统一,近年来开展了私人融资基础设施项目的示范立法工作.通过评述联合国这一立法的主要方面,认为联合国这一立法在许多方面,尤其是特许合同授予程序方面,取得了突出的立法成果.但在立法目标、特许经营监管等问题上,存在着局限性.在借鉴联合国的立法经验时,我们需要认识到这些局限性.

UNCITRAL Legislation on Private Finance in Infrastructure Project,Its Utility and Limitations

UNCITRAL has recently conducted substantial model legislation works on PFIP to help its member states upgrade or enact new legislations concerning PFIP. This paper provides comments on the work of UNCITRAL in this field. It is submitted that UNCITRAL has made great achievements in many aspects of PFIP legislation, especially concerning the awarding procedure of concession contract. However due to the position of UNCITRAL and the way that its decision is made, the work of UNCITRAL is contained and enacting state needs to be aware of this limitation while following the UNCITRAL model law.