Concession Agreements, Public Purpose and Land Acquisition Analysis

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Added on  2023/02/02

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This report provides an overview of concession agreements, exploring their significance in infrastructural development. It examines the contracts involved, highlighting the relationship between the government and private entities. The report delves into the concept of public purpose and how it relates to land acquisition, discussing the legal frameworks and considerations involved. It also touches upon the types of contracts, such as works and services, that are commonly associated with concession agreements. The report concludes by emphasizing the importance of understanding the relevant laws and legislation for companies involved in these agreements. References to relevant literature are also included.
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State And
International Trade
Law
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Content
Introduction
Concession agreements
Compulsory acquisition of land
Conclusion
References
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Introduction
Concessional contract are the contracts that are entered between
government and private players in the industry. This is an
agreement that gives right to company so that they are able to
operate specific business within the governments jurisdiction
while complying with certain terms and conditions. This
presentation is based on how to manage construction contracts
in the phase of concession.
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Concession agreements
The word concession agreement is considered as the agreement that is
entered between private players of construction industry and the
government of the country. This is the agreement that considered to
be entered between the owner of facility and the concession owners
who grants exclusive rights to operate a specified business in the
facility under specified conditions.
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There are two types of contracts that may be entered which
includes the following:
Works
Services
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Continue....
The companies while undertaking to complete the project should take
care of compulsory acquisition of land and compensation structure
that would be paid to the holders and the laws that are related to it.
The compulsory acquisition of land takes place as and when it is
required by the government to develop a project on that land. The
public purpose is defined as where the great variety among the
national laws in the extent of speciality exist.
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PPP Model and Compulsory Acquisition
In various countries law provides an itemised list of the land use
which can be regarded as public purpose. These includes the
following:
Transportation use
Public building
For utilities such as water, sewage
Public parks, playgrounds and cemeteries
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Conclusion
From the above report it is concluded that the concession
agreements are the agreements which are entered between
the government of the country and the private partners of
the country. These agreements are the source that helps
the country to achieve the target of infrastructural
development. Companies should check the laws and the
legislature that affects them the most.
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References
Barton, L., 2017. The innovation of investor-state arbitration under
NAFTA. In Globalization and International Investment(pp. 127-135).
Routledge.
Cullet, P., 2017. Differential treatment in international environmental law.
Routledge.
Kirton, J.J. and Trebilcock, M.J., 2017. Hard choices, soft law: Voluntary
standards in global trade, environment and social governance.
Routledge.
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