Browsing by Author "Gan, Ching Chuan"

Now showing 1 - 3 of 3
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    AN Examination of the Legal and Regulatory Framework for Pubic-Private Partnerships (PPPs) Initiative in Ghana
    (Faculty of Law, University of Ilorin, 2015-01-20) Adekilekun, Mubarak Tijani; Gan, Ching Chuan
    Public-Private Partnerships (PPPs) through which private companies collaborate with the public sector to develop and manage complex infrastructure programmes and services, are increasingly being used throughout the world as a solution to address serious infrastructure deficit. In most developing countries such as Ghana, investment in public infrastructure has not matched the increasing need of the population. As a result, underinvestment in critical infrastructure such as road transportation, electricity, housing, water and sanitation among others has posed a serious challenge to the government in its quest for development. The World Bank has estimated that for Ghana to fill its infrastructure gaps, the country needs over US$1.5 billion annually for the next ten years in various sectors of the economy. The investment required exceeds government total revenues available in the short term. Ghana has therefore recently adopted the PPP initiative to develop and maintain ageing infrastructure. This paper examines the legal and regulatory framework for PPPs in Ghana and argues that the present legal and regulatory regime governing PPPs in Ghana are not enough to ensure a successful PPP programme.
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    Legal Aspects of China's Belt and Road Initiative: A Preliminary Assessment
    (Faculty of Law, South East University, Dhaka, Bangladesh, 2018-10) Gan, Ching Chuan; Cao, Fuguo; Akanbi, Muhammed Mustapha; Adekilekun, Mubarak Tijani; Ojilere, Aloy; Siau, Gregory
    China’s Belt and Road Initiative (BRI) is a global and highly ambitious infrastructural, trade and investment as well as economic development initiative of epic proportions. It is spearheaded and unwritten by PRC China. It strategically and seamlessly connects China in the epicentre with her South, South-east and Central Asian, Middle-eastern, African and European countries as well as Mongolia, Eastern and the rest of Russia. The “Belt” covers a network of overland road and rail routes, oil and natural gas pipelines as well as other infrastructure projects that will span out from Xi’an in central China across Central Asia and ultimately reaching as far away as Moscow, Rotterdam, and Venice. The belt also covers planned business development corridors running far and wide-- along the major Eurasian Land Bridges, through China-Mongolia-Russia, China Central and West Asia, China-Indochina Peninsula, China-Pakistan, and Bangladesh China-India-Myanmar trade/economic corridors. The “Road”, on the other hand, is its maritime counterpart-- the 21st Century Maritime Silk Road -- a network of planned ports and other coastal infrastructure projects that dot the map from South and Southeast Asia to East Africa and the northern Mediterranean Sea. The southern maritime trade routes reach as far as the Oceanic countries in the Pacific Ocean. The BRI’s recent expansion incorporates also the Artic sea routes (Ice Silk Road or One Ring). The focus of this article is more on the salient features of BRI with emphasis on the legal aspects of thereof.
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    Towards A Sustainable Legal And Regulatory Framework for Public-Private Partnerships in Malaysia: Lessons From the South African Experience
    (International Islamic University, Malaysia (IIUM Law Journal), 2015-11-23) Adekilekun, Mubarak Tijani; Gan, Ching Chuan
    In order to ensure a sustained cooperation with both the local and international private investors in Malaysia especially in the provision of public infrastructure, government needs to develop very strong legal and regulatory capabilities which will help in providing stable institutional environment and guarantees private investment. At the same time, there is the need for commitment on the part of government to the regulatory rules so that they are perceived as credible by investors. Where the legal regime is weak or non-existent at all, private investment decisions will be adversely affected. No doubt, South Africa has developed one of the best legal and regulatory regimes for efficient procurement systems in the world and the project pipelines have greatly increased in recent times. This paper therefore, examines the existing legal framework for Public Private Partnership procurement in Malaysia and draws lessons from the South African legal regime. The paper finally argues that for Malaysia to continue to attract and expand its investment atmosphere for the private sector there is the need for a clear and transparent legal and regulatory procurement framework which can seriously help in building confidence in the private sector and also guarantee their investment returns.