Government Procurement in the WTO

Government Procurement in the WTO
Author: Sue Arrowsmith
Publisher: Springer
Total Pages: 520
Release: 2003-01-14
Genre: Law
ISBN:

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In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The 'plurilateral' WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity–more than 10 percent of gross domestic product in most countries. This insightful and thoroughly researched study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade the institutional structure for dealing with government procurement in the GATT/WTO system the impact of relevant WTO law on national legal systems the types of contracts and entities covered in the Agreement on Government Procurement how the National Treatment principle and the Most Favored Nation obligation affect government procurement rules of WTO contract award procedure and the controversy over their interpretation and revision the free trade vs. social and environmental issues question in the context of government procurement and the monitoring and enforcement of WTO procurement rules Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments. The result is a new work of major significance-a work that government procurement officials in every country, whatever their field, cannot afford to ignore. The value of Government Procurement in the WTO to lawyers and scholars in the field goes without saying. Review' Beneath its somewhat ordinary title is a work of extraordiary depth and quality. Although written by a law professor, this book is far more than a traditional legal textbook. In exceptionally lucid writing, the aithor sets forth a comprehensive study of the World Trade Organization (WTO) regulations ('Articles') on public procurement and their omplications.'

The WTO Regime on Government Procurement

The WTO Regime on Government Procurement
Author: Sue Arrowsmith
Publisher: Cambridge University Press
Total Pages: 895
Release: 2011-04-28
Genre: Law
ISBN: 1139501429

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Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

Green Public Procurement under WTO Law

Green Public Procurement under WTO Law
Author: Rika Koch
Publisher: Springer Nature
Total Pages: 239
Release: 2020-08-31
Genre: Law
ISBN: 3030482146

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This book investigates the strategic use of public procurement as a way to establish “buying green” as a common practice – not only in the EU, but all over the world. However, imposing environmental requirements may affect the conditions of competition between suppliers, especially between local and foreign ones. This is particularly relevant for signatory states to the Government Procurement Agreement (GPA), a plurilateral WTO agreement that aims at liberalizing public procurement markets. So how can these countries strike a balance between trade concerns and using the environmental potential of public procurement? What scope does the GPA 2012 leave for environmental criteria and how are signatory states making use of it? The need for answers to these questions is becoming even more pressing with the increasing use of green public procurement (GPP). This book discusses approaches to finding legal solutions to this question, using a multilayered approach to do so: In a first step, an analysis of the pertinent GPA provisions serves to delineate the scope for GPP under WTO law. In a second step, an evaluation of the implementation of the respective provision at the regional and national level by the EU and Switzerland helps reveal the impact of the GPA on its signatory states. While the book chiefly focuses on the legal framework for GPP, it also takes into account the latest developments in jurisprudence and policy initiatives. It concludes by proposing practical solutions regarding the specific design of GPP policies and measures in compliance with the GPA. The comparative approach applied in the book, focusing on the implementation of the WTO/GPA by two selected signatories, makes it an informative and insightful resource for practitioners, policymakers and legal scholars from all GPA signatory countries, extending its relevance beyond the selected examples (the EU and Switzerland).

The WTO and Government Procurement

The WTO and Government Procurement
Author: Simon J. Evenett
Publisher: Edward Elgar Publishing
Total Pages: 574
Release: 2006
Genre: Business & Economics
ISBN:

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This volume is a careful selection of the leading legal and economic papers analysing international discrimination in government purchasing. It also includes the WTO agreement that seeks to curb such discrimination. Studies of individual country experiences are also featured, adding a practical dimension to what often appears to be a narrow technical debate. This authoritative and wide-ranging volume will provide trade negotiators, other government officials including purchasing officers, and scholars with a thorough grounding so as to effectively assess proposals for further international rules on government procurement practices, be they in bilateral, regional, or multilateral arenas.

Government procurement: Market access, transparencxy, and multilateral trade rukles

Government procurement: Market access, transparencxy, and multilateral trade rukles
Author: Simon J. Evenett
Publisher: World Bank Publications
Total Pages: 27
Release: 2004
Genre: Acceso a los mercados
ISBN:

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The effects on national welfare and market access of two important public procurement practices (discrimination and non-transparency) are analyzed with an eye to the ongoing discussions on procurement reform in the Doha Round. The analysis suggests that the welfare payoffs of adopting mechanisms that foster domestic competition and transparency are likely to be greater than the return to efforts to ban international discrimination. However improved transparency, which may well reduce corruption, is unlikely to also result in significant enhancements in market access. This in turn raises questions about the likely enforceability of a WTO agreement on transparency in procurement.

The WTO Regime on Government Procurement

The WTO Regime on Government Procurement
Author: Sue Arrowsmith
Publisher:
Total Pages: 894
Release: 2011
Genre:
ISBN: 9789287046765

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Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

Law and Policy in Public Purchasing

Law and Policy in Public Purchasing
Author: Bernard M. Hoekman
Publisher:
Total Pages: 368
Release: 1997
Genre: Business & Economics
ISBN:

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The Government Procurement Act (GPA) aims to subject public purchasing to international competition. However, many developing countries, along with others such as Australia and New Zealand, have refused to join the GPA on the grounds that it is not in their best interest. This volume examines the GPA and discusses what could be done to improve it with a view to expanding its membership. The contributors focus on four broad issues: the negotiating history, content, and operation of the GPA; the economics of the GPA's rules and disciplines; the implementation of the GPA in domestic legal systems; and, finally, possible alternatives to - and improvements on - the current set of multilateral rules and disciplines. Offering the most comprehensive assessment of the subject available, the volume will be of interest to scholars of international trade, as well as people whose work involves them in government procurement - from the buyers and sellers of goods and services to those concerned with legal aspects of public purchasing.

Regulation Public Procurement - National and International Perspectives

Regulation Public Procurement - National and International Perspectives
Author: Sue Arrowsmith
Publisher: Kluwer Law International B.V.
Total Pages: 890
Release: 2000-04-17
Genre: Business & Economics
ISBN: 9041106367

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Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.

International Cooperation and the Reform of Public Procurement Policies

International Cooperation and the Reform of Public Procurement Policies
Author: Simon J. Evenett
Publisher: World Bank Publications
Total Pages: 39
Release: 2005
Genre: Competition, Unfair
ISBN:

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The decision not to launch negotiations in the World Trade Organization (WTO) on three of the Singapore Issues in the so-called July 2004 package provides an opportunity to revisit the knowledge base on which proposals for further international collective action may be drawn. This paper examines the available evidence on public procurement practices in developing countries that could be relevant to further multilateral rule making on state purchasing. Although there is considerable agreement on ends (efficient, non-corrupt, and transparent public purchasing systems), little information is available on means and, in particular, on the effective and replicable strategies that developing countries can adopt to improve their public procurement systems. A concerted effort to substantially add to the knowledge base on public procurement reforms in developing countries, through targeted research and international exchange of information on implemented procurement policies and outcomes, is critical to identifying areas where further binding multilateral disciplines may be beneficial.