AN ANALYSIS LEGAL STUDY OF LEGAL PROTECTION IN PUBLIC-PRIVATE PARTNERSHIPS IN ALIGNMENT WITH THE KINGDOM OF SAUDI ARABIA VISION 2030

Abstract

Public-private partnerships contracts have received significant attention from governments, societies, and research centers in various parts of the world. It became clear that economic and social development depends on mobilizing and gathering all the capabilities of society, including the experiences of both the public and private sectors. This partnership should participate in institutional organizations that take over the establishment projects of all kinds to achieve development goals at the ambitious levels targeted. When the public sector is involved in a joint venture, it is often called a public-private partnership. It involves public-sector investment and expertise in conjunction with a private-sector partner. Public-private partnerships may involve a range of activities from the construction of infrastructure and scientific research to more ongoing collaboration in running an organization. Although these types of partnerships have long existed, they became increasingly prevalent in the late 20th and early 21st centuries, and several advanced industrial countries embarked on significant joint ventures with the private sector to construct hospitals and public transportation systems and to invest in new technologies. Therefore, establishing an appropriate and effective legal framework is necessary for creating an environment that encourages private sector investment in all kinds of projects. As for the countries with a legal framework, it is essential to ensure that the law is transparent, flexible, and responsive enough to keep pace with developments in various projects. To increase the GDP, efforts should be pursued the broadest measure of any country's economic output or production. The public-private partnership is one of the ways that the government can use to get a net saving of capital and operating expenses and increase its GDP and create more than 12,000 new private-sector jobs. To that end, this dissertation's main aim is to introduce PPPs and their legal protections in alignment with the Kingdom of Saudi Arabia (KSA) Vision 2030 for efficient public services and infrastructures without sacrificing government finances. Moreover, this paper will explain the concept of PPPs through the definitions and immediately concerned parties. Also, BOT contracts and the concept of Privatization contracts have always been associated with the PPPs contracts approach. Therefore, this paper will introduce well-defined details to clear this misconception more simply. Furthermore, this paper will evaluate other countries' successful experiences in public-private partnerships and apply an appropriate solid legal framework for the targeted projects. After that, the author will highlight the possible legal risks in PPPs and offer suggestions on limiting such issues. Those suggestions will bring a more transparent approach to solving legal confrontations through a distinct legal protection structure.