Don Wallce, Jr.


The subject of this Essay is the adoption of a “legislative guide” on privately financed infrastructure (“PFI”) by the United Nations Commission for International Trade Law (“UNCITRAL”), at its plenary session in July 2000 in New York. The guide deals with subjects a host country legislature should consider in deciding whether legislation is needed to attract investment and enable the country to proceed with PFI, such as constitutional and legislative authority; a competitive procurement regime; questions of the exclusivity and duration of concessions; construction, operations, and regulation; and settlement of disputes. UNCITRAL also decided at its plenary session that more work might be needed on this subject: namely the preparation of a model law or at least some model provisions for those countries desiring the same