Author Affiliation, Ana.
Department of Management Studies
Private participation in infrastructure and the legal implications for the Commonwealth Caribbean
West indian law journal
Date of Publication
Defines 'infrastructure', drawing particular attention to the differences between infrastructure works (roads, bridges, irrigation, etc.) and public utility network infrastructure, such as electric power supply and telecommunications. Also examines the genesis of private participation in infrastructure in the United States of America as compared to that in the United Kingdom and the Commonwealth Caribbean, with particular attention being paid to the development of the legal framework in the USA and its relevance to the Caribbean. Examines the responsibility of the state, the regulatory compact, the coercive power of the state, rate of return regulations guarantees, asymmetric rights, international arbitration, and the requirement for addition constitutional protection in an effort to suggest sound and credible rules and enforcement mechanisms that foster private initiative, preserve property rights, settle disputes, and protect contracts and consumers.....