The Role of Build–Operate–Transfer (BOT) Contracts in Developing Sports Infrastructure in the Middle East and North Africa: A Comparative Legal and Economic Analysis

Abstract

The growth of sports infrastructure across the MENA region has intensified interest in Build–Operate–Transfer (BOT) contracts as a mechanism for addressing fiscal constraints and operational inefficiencies. While BOT models are well established in sectors like transport and energy, their application in the sports domain remains underexplored and legally ambiguous. Existing frameworks often lack regulatory clarity, equitable risk-sharing, and adaptive oversight—factors that are critical in sports settings due to their symbolic public value and variable economic returns. This article addresses a key gap in the literature by conducting a comparative legal-economic analysis of BOT contracts in sports infrastructure projects in Qatar, Egypt, and Morocco. Drawing on national legislation, global PPP standards, and case-based evaluation, the study assesses whether BOT schemes can deliver sustainable infrastructure while upholding public-interest commitments. Findings suggest that effective deployment requires four core components: statutory integration of BOT mechanisms, project-specific risk calibration, dynamic regulatory supervision, and embedded accountability standards. By reframing BOT not merely as a financing tool but as a legal governance structure, the paper advances theoretical and practical understanding of hybrid infrastructure models in high-visibility public domains.