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Public-Private Partnerships in Relation to Public Contracts and Procurement: Japan's Current Issues

Part Name
Public-Private Partnerships in Relation to Public Contracts and Procurement: Japan's Current Issues
Shigeki Kusunoki
Publication Year
Vol. 11 Issue. 1 Page. 97-133, 2021
Public-Private Partnership; Private Finance Initiative; Public Procurement; Public Contracts; Sustainable Development Goals; Competition; Emergency
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 al ternative to the term “public–private partnership (PPP)” used by organizations
such as the World Bank and the Organization for Economic Co-operation and
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 construc tion 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 devel opments in Japan and discusses current and future challenges in relation to vari ous 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.
Table Of Contents
Ⅰ. Introduction
Ⅱ. A Quick Look at Japan’s History of PPPs through the PFI Act
A. The laws and policies on solid waste and marine pollution, and their application
to marine plastic pollution
B. Issues Regarding Public Facility Management
C. Negative in Europe, Positive in Japan
Ⅲ. The Current Status of PPPs Regarding Public Procurement and Public Contracts
A. Concessions as a Trump Card in Japan’s PFI Act
B. PPPs outside the Framework of the PFI Act
C. PPPs and Public Contracts/Procurement from the Viewpoint of the SDGs
D. PPPs as Measures against Natural Disasters
Ⅳ. COVID-19 and Public Procurement in Japan
A. Difficulties Related to Public Procurement in an Emergency
B. “Abenomask”
C. Subsidy Program for Sustaining Businesses
D. Brief Summarys
Ⅴ. What Japan Has Learned and What Could Be Learned from Japan
VI. Concluding Remarks
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