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Public–Private Partnerships in Relation to Public Contracts and Procurement: Japan’s Current Issues
Shigeki Kusunoki 한국법제연구원 2021 KLRI journal of law and legislation Vol.11 No.1
In 1999, the Act on Promotion of Private Finance Initiative (PFI Act) was enacted, and since then, the term “PFI” has been widely used in Japan as an alternative to the term “public–private partnership (PPP)” used by organizations such as the World Bank and the Organization for Economic Co-operation and Development. However, recent international and domestic progress and environmentally related changes in the fields of public procurement and contracts have revealed the need to respond more fully from a PPP perspective in relation to significant current issues including the Sustainable Development Goals, emergent construction works related to natural disasters, protection of cultural or historical heritage sites, and public procurement in the context of the COVID-19 pandemic. This article presents legal and practical information regarding recent developments in Japan and discusses current and future challenges in relation to various legal schemes and practices under the theme “Public–Private Partnerships in Public Contracts and Procurement” beyond the traditional framework. Thus, this article will be useful for readers wanting to deepen their understanding of Japan’s efforts in these areas, and for those interested in international comparisons. In 1999, the Act on Promotion of Private Finance Initiative (PFI Act) was enacted, and since then, the term “PFI” has been widely used in Japan as an alternative to the term “public–private partnership (PPP)” used by organizations such as the World Bank and the Organization for Economic Co-operation and Development. However, recent international and domestic progress and environmentally related changes in the fields of public procurement and contracts have revealed the need to respond more fully from a PPP perspective in relation to significant current issues including the Sustainable Development Goals, emergent construction works related to natural disasters, protection of cultural or historical heritage sites, and public procurement in the context of the COVID-19 pandemic. This article presents legal and practical information regarding recent developments in Japan and discusses current and future challenges in relation to various legal schemes and practices under the theme “Public–Private Partnerships in Public Contracts and Procurement” beyond the traditional framework. Thus, this article will be useful for readers wanting to deepen their understanding of Japan’s efforts in these areas, and for those interested in international comparisons.
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