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Regulation of concession agreements under French law

Student: Darya Esina

Supervisor: Galina Pakerman

Faculty: Faculty of Law

Educational Programme: Corporate and Private International Law (Master)

Year of Graduation: 2024

This research is focused on a complex analysis of the legal basis and mechanisms of regulation of concession agreements under French law, specific features of the French model of concession agreements as a form of public-private partnership and a form of foreign direct investment. The master's thesis consists of an introduction, three chapters divided into paragraphs, conclusion and bibliography. Chapter I provides an analysis of the notion of a concession agreement and its origin, approaches to the classification of this contractual construction, as well as the main international agreements and documents in the field of concession agreement regulation, and the domestic legislation of the mentioned jurisdiction. Chapter II is focused on the specific features of the concession agreement, in particular: the key criteria for qualifying the contract as a concession agreement are identified; the structure of assets of the concession project and their legal regime, normative regulation of the methods of concluding a concession agreement are considered in detail; potential risks related to the making of private investments, ways and guarantees of protecting the rights of foreign concessionaires are identified; explores the ability and conditions for the application of foreign law to concession agreements. Chapter III examines the most commonly used methods of preventing and resolving disputes arising from concession agreements. As a result of this research, the author identifies some problems of French law in this area and comes to a number of conclusions, in particular, that in the practice of concluding concession agreements there is a uniformity of approaches to contractual techniques that go beyond the academic gap between private and public law, which is largely responsible for the very possibility of non-normative standardisation of concession agreements.

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