Non- financial Management Obligations in Agreement, Administrative Management Obligations, Legislative Management Obligations (B.O.T) "Comparative Study"

Abstract

Build-Operate-Transfer (BOT) Contract entered between the management and the project company results a number of obligations that the management has to implement and is imposed on the management under this contract. These obligations are financial liabilities and non-financial obligations, the subject of our research. In this study, we discussed the definition of the Build-Operate-Transfer (BOT) Contract, its types and legal nature. We also discussed the constitutional and legislative framework of Build-Operate-Transfer (BOT) Contract. Finally, we discussed the non-financial management obligations, which we have divided into administrative obligations and legislative obligations. Finally, this study had been concluded with several recommendations. The most important of which is that; the Bahraini legislator should develop a law regulating the BOT contracting system, similar to the Egyptian and Kuwaiti legislators and in line with recommendations of the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects and recommendations of the World Bank and UNIDO, in order to implement the Sustainable Development Strategy 2030 adopted by the United Nations (UN) and endorsed by most countries in the world, including Kingdom of Bahrain, to achieve sustainability in various sectors.