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Risk Management and Governance for PFI Project ... - Title Page - MIT

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Introduction<br />

Japan has a long history of public-private partnerships (PPPs). It has promoted many projects based<br />

on the policy of PPP in various <strong>for</strong>ms since the enactment of the “Private Sector Resources<br />

Utilization Law” under Prime Minister Nakasone in 1986. Japan, however, has experienced many<br />

failures in the long history of PPP. The representative example is the management failure of the<br />

“Third Sector 1 ”, which means a joint corporation invested by both the public sector <strong>and</strong> private<br />

sector. In fact, many of the third sectors, which were mainly in the field of urban development, were<br />

successively bankrupted. In addition, large projects conducted by the third sector, such as Tokyo<br />

Bay Aqua-Line <strong>and</strong> Kansai International Airport 2 , have raised serious questions because of their<br />

optimistic dem<strong>and</strong> <strong>for</strong>ecasts <strong>and</strong> extremely large project costs in spite of their low profitability. The<br />

reason <strong>for</strong> these failed or questionable projects is because the governance of the third sector did not<br />

have a specific system of responsibility sharing but instead relied on a cozy relationship between<br />

the public sector <strong>and</strong> private sector, <strong>and</strong>, eventually, the overall governance of the project did not<br />

appropriately function.<br />

Based on these failed experiences, the new scheme “Private Finance Initiative” (<strong>PFI</strong>) was<br />

introduced <strong>and</strong> actively promoted with great expectations. <strong>PFI</strong> is based on the concept of clarifying<br />

the shared responsibility by contractual governance, which solves the problem of the ambiguous<br />

risk sharing that existed in the third sectors. Because the idea of a definite risk allocation of <strong>PFI</strong><br />

made it possible to produce the private sector’s ingenuities, many successful projects have been<br />

implemented that have achieved economical <strong>and</strong> efficient operation by utilizing the dynamism of<br />

private sectors. However, there are few <strong>PFI</strong> projects in Japan in the area of core infrastructure, such<br />

as airports <strong>and</strong> railways, while most of the projects are in building construction. Yet, under these<br />

circumstances, an amendment to the <strong>PFI</strong> law was enacted in May 2011 aiming to double the scale<br />

of the <strong>PFI</strong> operations in the subsequent eleven years. This progression would be expected to further<br />

increase the application field <strong>and</strong> the market size of the <strong>PFI</strong>. Based on this situation, this thesis<br />

reviews the previous experience of Japanese <strong>PFI</strong>s <strong>and</strong> tries to propose policy recommendations<br />

aiming <strong>for</strong> a better <strong>PFI</strong> project implementation in the near future. The following is a description of<br />

the structure of this thesis.<br />

Chapter 1 reveals the history of the introduction of PPP policy in Japan, cites some cases of failure<br />

of previous third sector projects <strong>and</strong> takes into consideration the lessons learned from those cases.<br />

Chapter 2 explains the general description of a Japanese <strong>PFI</strong>, which has been promoted due to the<br />

failure of the third sector. Also, it clarifies the reason why the Japanese <strong>PFI</strong> has not yet been<br />

prevalent. In addition, by pointing out the future expansion of the Japanese <strong>PFI</strong> market that is<br />

1 "Third Sector", in Japanese, means the joint sector of the first (public) <strong>and</strong> the second (private) sectors.<br />

2 Kansai International Airport Co., Ltd. is strictly not a “third sector” based on the general Commercial Code, but<br />

equivalent to a special company based on the special law (Kansai International Airport Co., Ltd. Law).<br />

13

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