Abstract
The Malaysian government has adopted the Build Operate Transfer (BOT) project contractual arrangement for developing public infrastructure projects like highways and railways. In an effort to balance the economic and social needs of the community, the government has introduced a policy and legal framework to address the issue. The aim of this article is to study factors contributing to both successful and problematic BOT projects in Malaysia. The analysis reveals that there are common underlying factors contributing to the success of BOT projects such as: sound policy and regulatory framework, strong government support, clarity of project formulation and documentation, responsible sponsors and fair deals for all parties. On the other hand, the factors contributing to the problematic projects are individualised. Finally, steps to overcome the problems are elucidated to improve the efficiency and effectiveness of both BOT legal technique and privatisation in general.
Original language | English |
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Pages (from-to) | 133-150 |
Number of pages | 18 |
Journal | International Journal of Business and Society |
Volume | 13 |
Issue number | 2 |
Publication status | Published - 2012 |
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Keywords
- Built operate transfer
- Legal framework
- Policy framework
- Public infrastructure
ASJC Scopus subject areas
- Economics and Econometrics
- Finance
- Strategy and Management
- Business and International Management
Cite this
A legal analysis of successful and problematic build operate and transfer (BOT) projects in Malaysia. / Markom, Ruzian; Ali, Engku Rabiah Adawiah Engku.
In: International Journal of Business and Society, Vol. 13, No. 2, 2012, p. 133-150.Research output: Contribution to journal › Article
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TY - JOUR
T1 - A legal analysis of successful and problematic build operate and transfer (BOT) projects in Malaysia
AU - Markom, Ruzian
AU - Ali, Engku Rabiah Adawiah Engku
PY - 2012
Y1 - 2012
N2 - The Malaysian government has adopted the Build Operate Transfer (BOT) project contractual arrangement for developing public infrastructure projects like highways and railways. In an effort to balance the economic and social needs of the community, the government has introduced a policy and legal framework to address the issue. The aim of this article is to study factors contributing to both successful and problematic BOT projects in Malaysia. The analysis reveals that there are common underlying factors contributing to the success of BOT projects such as: sound policy and regulatory framework, strong government support, clarity of project formulation and documentation, responsible sponsors and fair deals for all parties. On the other hand, the factors contributing to the problematic projects are individualised. Finally, steps to overcome the problems are elucidated to improve the efficiency and effectiveness of both BOT legal technique and privatisation in general.
AB - The Malaysian government has adopted the Build Operate Transfer (BOT) project contractual arrangement for developing public infrastructure projects like highways and railways. In an effort to balance the economic and social needs of the community, the government has introduced a policy and legal framework to address the issue. The aim of this article is to study factors contributing to both successful and problematic BOT projects in Malaysia. The analysis reveals that there are common underlying factors contributing to the success of BOT projects such as: sound policy and regulatory framework, strong government support, clarity of project formulation and documentation, responsible sponsors and fair deals for all parties. On the other hand, the factors contributing to the problematic projects are individualised. Finally, steps to overcome the problems are elucidated to improve the efficiency and effectiveness of both BOT legal technique and privatisation in general.
KW - Built operate transfer
KW - Legal framework
KW - Policy framework
KW - Public infrastructure
UR - http://www.scopus.com/inward/record.url?scp=84870585080&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=84870585080&partnerID=8YFLogxK
M3 - Article
AN - SCOPUS:84870585080
VL - 13
SP - 133
EP - 150
JO - International Journal of Business and Society
JF - International Journal of Business and Society
SN - 1511-6670
IS - 2
ER -