What Is a Framework in Law
The end result of contract standardisation can therefore be very similar to framework rules, which is also beneficial for providing greater certainty for bidders and lenders and for speeding up the procurement process. Framework rules offer advantages, both for concessions and for the availability of PPPs (even if they are not legally required for the latter). It presents an opportunity for government: in the English-speaking world (for the purposes of this book, the term “Anglo-Saxon” refers to the environment of the United States and the United Kingdom, unless otherwise indicated), equity investments are not governed by the laws of the financial system due to the common law framework. The general idea is that market discipline is more powerful and important than regulation of financial actors. It can be inferred that private equity investments are not recognized as a financial service, but as an entrepreneurial activity. These are the reasons why UK and US lawmakers do not supervise private equity investors. As we approach this chapter, it is worth remembering that the private equity market in the United States is the largest in the world, which allows it to identify the right rules for its activities. Since it is the country with the largest private equity activity, it is also the country that influences others in terms of best practices and new trends. This article describes the progressive development of the rights of persons with disabilities, particularly in the context of international developments that are changing the national framework of disability law. It provides an overview of the conceptualization of disability in law and shows the transition from a medical model to a social model of disability and, more recently, to a human rights model. The summary examines the impact of the Convention on the Rights of Persons with Disabilities (CRPD) and the processes and approaches for translating international standards on disability rights into national law.
It highlights the contemporary landscape of disability rights in light of the dramatic legislative measures promoted by the adoption of the CRPD. A PPP law may set the general legal framework, including some of the general rights and obligations of the parties, but since many aspects of a PPP contract are common to all projects, it is also possible to standardise the PPP contracts themselves. This can significantly improve the quality and consistency of contracts, provide greater certainty to bidders and lenders regarding contract terms, and speed up the procurement process. (The end result of contract standardization may be very similar to framework legislation in that it dictates how certain risks and obligations are to be assigned and treated.) Countries that have developed standardised contracts include the UK, France, India, the Netherlands, New Zealand, the Philippines and South Africa. Concessions always require a specific law in relation to the project or a “framework law” in relation to concessions in general, which allows a private company to invoice and collect revenue from users for the provision of a public service. In some countries, particularly common law countries (i.e. those whose legal system derives from English common law) Model PPPs of PFI are treated as a variety of government procurement for which no special legal regulation is required; In other countries, mainly under civil law (for example those whose legal system derives from the French Civil Code), specific laws on PPPs may be necessary to regulate this type of contract, such as laws on concessions. (Civil law countries also often have separate legal frameworks and courts for public administrative law, including PPPs.) For example, it was necessary for the France to adopt a specific law on PPPs to overcome legal obstacles to model PPP models, such as: A number of countries have adopted or substantially amended PPP laws (in particular with regard to the PFI model) in recent years – notably Italy in 2002, Belgium (Flanders), Portugal and Spain in 2003, Brazil (federal and state) and France in 2004. and Greece, South Korea, Poland and Russia in 2005. Several U.S. states have also enacted or amended laws on road concessions. Framework legislation offers clear advantages, whether for concessions or PFI type PPPs.
This is an opportunity for the government: unfortunately, some PPP laws and regulations are poorly drafted or even unnecessary. Sometimes they can cause more confusion by overlaying existing laws or contradicting other laws. When creating a new PPP law, it makes sense to first ask what is absolutely necessary, and then use a mix of experienced PPP practitioners and local legal advice to craft it in such a way that it is clear, appropriate, unambiguous and does not go into too much detail, rather than leaving that to secondary legislation, as noted above. The numerical value of the framework law in Chaldean numerology is as follows: 2 The legal framework for PPPs may include a mixture of enabling legislation and secondary or administrative legislation, the latter dealing with more detailed requirements such as administrative requirements for the preparation and approval of a PPP.