The Legal Framework for B.O.T. Contracts in Egypt and the United Arab Emirates

Document Type

Article

Source of Publication

Journal of Lifestyle and SDG'S Review

Publication Date

1-1-2025

Abstract

Objective: This paper sheds light on the legal nature of B.O.T. contracts in light of the distinction between administrative contracts, private law contracts, and international investment contracts. The paper also provided an analysis of the B.O.T. contract and the different types of this type of public-private partnership contract. Theoretical Framework: The paper also aimed to analyze the legal frameworks regulating contracting with the B.O.T. system in Egypt and the United Arab Emirates. In addition, it will examine the constitutional framework for concession contracts in general and B.O.T. contracts. Considering this, the study relied on descriptive and analytical approaches. The study found that multiple laws in Egypt regulate and govern contracting with the B.O.T. system in the fields of roads, airports, electricity, and railways. In the United Arab Emirates, one law regulates contracting with the B.O.T. system in all fields. Method: In this research, we relied on the descriptive analytical method as a fundamental approach in monitoring and analyzing the concept of B.O.T. contracts. The content analysis approach was also relied upon in analyzing the legal and constitutional texts governing the contract of obligation in its traditional and modern sense, represented by the B.O.T. contract. Results and Discussion: Considering the contracts of public utility obligations under the B.O.T. system as administrative contracts, the disputes that arise regarding these contracts are subject to the jurisdiction of the administrative judiciary of the State Council. Research Implications: The contract for the concession of public facilities to the B.O.T. system is an administrative contract under what has been established in jurisprudence, as well as by what is stipulated in the law of the State Council, as this contract is considered a contract of concession, but in an advanced form of it. Originality/Value: This study contributes to the literature by explaining the legal framework for BOT contracts in the comparative context.

ISSN

2965-730X

Publisher

Brazilian Journals

Volume

5

Issue

2

Disciplines

Business | Law

Keywords

administrative contracts, B.O.T, concessions, Egypt, Sustainable Development Goals (SDG), UAE

Scopus ID

85214419451

Indexed in Scopus

yes

Open Access

no

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