الفهرس 
المقدمةيوجد فقط 14 صفحة متاحة للعرض العام
 |  | from | 551 |  |  |
| | | from | 551 | | |
المستخلص
The thesis tries to address the role of B.O.T projects in investments and transfer of technology to developing countries. In this context, the definition of (B.O.T) contracts as a national economic project was explored, jurisprudential definitions of the (B.O.T) contract were presented and distinguished from other similar contracts, with a statement of jurisprudence’s views on its legal nature.
In regard to the objectives of the thesis, the legal and procedural system of the (B.O.T) contract in Egypt was handled and compared to the American acquisition regulation, starting from the stage of procedures to the conclusion of the contract, including the stage of defining the project and studying its economic feasibility and the importance of completing adequate information about the project by issuing a request for information from the management. A request for expression of interest may also be issued in case that it wishes to know the potential or interested participants who want to join the contractual process of the (B.O.T) project and pass through the stage of technical and legal preparation of the project. Moreover, the importance of appointing an implementation team with a high level of experience in (B.O.T) projects was shown. In addition, the legal preparation of the technical aspect of the project originally requires special capabilities and skills in order to draw the outlines for the establishment of an infrastructure and basic project that contributes effectively to the state’s development plan. This field determines the development of a book of conditions for the project disciplined based on precise and detailed engineering and technical requirements and specifications, according to which the project is put forward for contracting; this enables the management authority to sort out a competent contractor with it.
In order to complete the presentation of the legal system for the (B.O.T) contract, the post-project stage for contracting was presented; it includes the stage of concluding the contract and awarding, including the bidders presenting their technical and financial offers for the project, followed by the management body evaluating those offers, awarding and deciding on the bid, and choosing the project company. We pointed out that taking into account the complex nature of the (B.O.T) contracts, the comparison between the different offers is not limited to the element of price and technical efficiency only, but also includes other elements with these two criteria, such as “evaluating the technical aspects of the proposals, and evaluating the financial and commercial aspects of the proposals.” The availability of foreign exchange, as well as the extent of the availability of the technological development used”; all of this resulted in contracting with a project company that fully achieves the project’s objectives, in addition to examining the extent to which it can provide the necessary financing, the nature of the technology used and the mechanism of its transfer.
Furthermore, exposure to the stage of concluding the contract, the stage of implementation of the project, and the lines that includes the formation of the project company has been offered. Next, the start of the actual implementation of the project is discussed; later comes the stage of operating the project and maintenance. We indicated that the operator’s commitment to maintenance is not limited only to the periodic maintenance of the project, rather, it also includes his commitment to developing the machinery and equipment of the facility. This would make the facility keep pace with modern technological developments to ensure the regular and steady functioning of the facility and the continuity of commercial operation of the project even when its ownership is transferred to the management at the end of the contract period, which is called the natural end of the (B.O.T) contract. The research about the abnormal termination of the contract for reasons attributed to force due to the project company and others due to the administrative authority. The arbitration system and its role in settling (B.O.T) contract disputes.
In the context of the objectives of the research and study of the subject of the thesis, the investments of (B.O.T) contracts and technology transfer and their effects were presented through examining the mechanism of financing (B.O.T) contracts and technology transfer which depends primarily on the project’s financing capacity (Bankability) In other words, the amount of cash flows for the project expected to be obtained (Cash Flow) as a result of operating the facility after its establishment. In exploring the mechanism of technology transfer in (B.O.T) projects, the most important obstacles and problems facing developing countries in transfer contracts were discussed. Besides, technology related to the unfair conditions set by the technology supplier and those related to breaching the confidentiality of information were also examined. On another note, the dire consequences of breaching the confidentiality may lead the project failure; it may also lead to problems related to the non-implementation of the technology transfer contract. On the other hand, the extent of the transfer of technology has a special meaning, given that this contract is described as one of the reciprocal contracts, that is to say, when one of the parties to the contract refuses to fulfill one of its obligations, the other party has the right to refusal to fulfill the rest of the contractual obligations. This right is considered an alternative to the termination of the contract for failure to fulfill the obligations of either party towards the other, because it is an important guarantee that is essential for the non-termination of the technology transfer contract and the completion of the contract. The (B.O.T) is a long-term contract, which helps absorb shocks that may result from stopping the implementation or non-implementation of the technology transfer contract.
In the context of the objectives of the thesis, (B.O.T) projects were also dealt with in some different countries through application to Egypt. The study was divided into three parts: the first examines the experience of the countries of Britain and France. The second presents (B.O.T) projects in some developing countries, in which the Indian experience and the Malaysian experience were studied. Finally, the experiences of some Arab countries were explored through the third parts which includes a study of (B.O.T) projects in Egypt.
In the third part, we dealt with (B.O.T) projects in the energy sector and the case of the energy facility in Egypt before and after 2015. The aim of this examination is to clarify the extent of the contribution of these projects to the development of the country and the purpose of it is to make Egypt a hub for energy export in the Middle East, Africa and some European countries. The third axis also included a study of road and transport sector projects which clarify the extent of the contribution of these projects to the development of that sector.