The Role of the BOT Contract in Ship Leasing Between Iran and the UK
Subject Areas : Maritime law
1 - Master of Private Law, Department of Law, Faculty of Literature and Humanities, Guilan University, Rasht, Iran.
Keywords: Lease, Maritime Transport, Iran-UK Relations, BOT Contract,
Abstract :
Nowadays, BOT contracts have gained popularity in many countries. This model is increasingly used for implementing large-scale and costly projects that require substantial budgets. It enables private sector participation in infrastructure and public projects without imposing a financial burden on the government. This method is considered one of the successful models of public-private partnerships for financing infrastructure projects. BOT (Build-Operate-Transfer) contracts are especially under development in maritime transport and port construction projects. Given the complexity of such contracts and the political sensitivities and legal ambiguities between Iran and the UK, this article examines the nature of BOT contracts and their economic and social impact. The study explores how this model can be a suitable opportunity for improving conditions in Iran’s maritime transport and port sectors. It identifies the strengths, weaknesses, and associated risks of BOT contracts and provides recommendations to manage existing challenges. The ultimate goal is to create the necessary conditions for maximizing the economic potential in the maritime transport and port operation sectors.
1. Azarniusheh, A. (2014). The Role of the British East India Company in Intensifying Colonial Conflicts (In Iran, Beginning of the Qajar Era, 1750-1859 AD). Subcontinental Studies, 6(20) [In Persian]
2. Tavasoli Jahromi, M (2002); "International Contracts of Construction, Operation and Transfer", Journal of the Faculty of Law and Political Science, University of Tehran, Winter, No. 58, 95-115. [In Persian]
3. Jafari-Voldani, A, and Pirhadi, M. (2016). Replacing American Influence with British Influence in Iran (1953-1979). International Relations Research, 1(22). 59-99. [In Persian]
4. Khorami, Majid. “Public-Private Partnerships, Models and Approaches in the European Union”, Proceedings of the First International Conference on Utilizing the Capacities and Resources of the Private and Public Sectors to Implement the Country’s Infrastructure Projects, Ministry of Economic Affairs and Finance, Iranian Investment and Economic and Technical Assistance Organization, )2002(. [In Persian]
5. Shirovi, Abdul-Hossein (2001); "Reasons for Using B.O.T. Contracts and the Government's Role in the Success of These Projects", Journal of Qom Higher Education Complex, Winter, No. 11. 31-54. [In Persian]
6. Abbasi, Ebrahim, and Ramazanian, Ehsan. (2015). Identification and financial evaluation of BOT projects with a risk management approach using the AHP_DEA method. Financial Knowledge of Securities Analysis (Financial Studies), 8(25), 69-79. [In Persian]
7. Mousavi Dalini, J, and Movadt, L. (2018). British superiority over France in India, an introduction to the expansion of British actions in the Persian Gulf. Historical Research (Journal of the Faculty of Literature and Humanities of Isfahan), 54 (New Volume 10)(2 (38th Consecutive Issue), 43-60 [In Persian]
8. Ghamat, Jafar, and Pourghooshchi, Mohammad Reza. (2016). Consequences of the nuclear agreement on relations between the Islamic Republic of Iran and the European Union. International Relations Studies (International Relations Research Journal), 9(35), 165-188. [In Persian]
9. Dong, P., Yuchang, Z., Hong, P., & Guanghua, L. (2020). Development of BOO hydroelectric project in China. In Hydropower in the New Millennium (pp. 19-22). CRC Press.
10. Jeffrey Huang and Rick Huijbregts (1999); Information Technology for project Management in Build,Operate, and Transfer-Approach, Harvard Design School.
11. Jahromi, G. E., Montazer, M., & Emamgholi, M. (2024). Fiscal Obligations of International Petroleum Companies (IOC) in the Iranian Upstream Oil and Gas Industry Contracts (IPC).
12. Line, H. V. (2024). Research on Public-Pri ate Partnership (PPP) In estment under Build-Operate-Transfer (BOT) and Build-Lease-Transfer (BLT) Contract T pes in the High-Speed North-South Rail Pro ect (HSR).
13. Naresimhan, K. M. L. (1998). Sustainable Development of Public/Private Partnership in Major Infrastructure Projects Using Built Operate Transfer (BOT) and Other Project Delivery Techniques and the Emerging Principles for a Secured and Workable Legal Framework Satisfactory to the Public and Private Partners. INTERNATIONAL CONSTRUCTION LAW REVIEW, 15, 407-419.
14. Okudan, O., Budayan, C., & Dikmen, I. (2021). Development of a conceptual life cycle performance measurement system for build–operate–transfer (BOT) projects. Engineering, Construction and Architectural Management, 28(6), 1635-1656.
15. Siham, S. (2024). THE ROLE OF BOOT CONTRACTS HE ROLE OF BOOT CONTRACTS IN ACHIEVING ECONOMIC N ACHIEVING ECONOMIC DEVELOPMENT–EVELOPMENT–THE CASE OF ALGERIA. Law & World, 10(2).P50.
16. Sington, "Limited-Recourse shifts the Risk" (April 1989) Euromoney p.83.L.
17. Tigle (1992): "Operate-Transfer Schemes", Far Eastern Review, July.
18. UNCITRAL, Yearbook, vnl XXVI (1995) p 210.
