Scope and Limits of Applying the BOT Contract in Port Infrastructure Projects in Algeri

Abstract

This research examines the scope and limits of applying the Build-Operate-Transfer (BOT) contract in port infrastructure projects in Algeria, particularly in the field of public port property governed by the principles of inalienability, non-prescription, and immunity from seizure. The study shows that Algerian legislation has mainly adopted the concession system rather than the full BOT model, due to the absence of the construction and private financing elements in current port agreements. It also demonstrates that the lack of a specific legal framework for port partnerships and the absence of an effective port authority create issues related to competence, oversight, and investor responsibility, which requires clearer legislative intervention to ensure both the protection of public property and the efficiency of management and investmen