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Practice Area: International Trade Law













Government Procurement in the WTO
by: Sue Arrowsmith
January 2003,  ISBN 9041198849
ISBN 13: 9789041198846
512 pp. Hardcover
Add to Shopping Cart: Government Procurement in the WTO - 9041198849 - 9789041198846 USD price: $335.00
          




Add to Shopping Cart: Government Procurement in the WTO - 9041198849 - 9789041198846
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."


    1. Preface.
    2. Government Procurement and its Impact as a Barrier to Trade
    3. Procurement Disciplines in GATT/WTO: A History and Introduction
    4. The Multilateral Agreements and Government Procurement
    5. The GPA: Membership Issues
    6. Coverage of the GPA
    7. National Treatment and MFN under the GPA
    8. The GPA's Award Procedures: an Introduction
    9. Open and Selective Tendering Part I: From Publicity to Submission of Tenders
    10. Open and Selective Tendering Part II: Supplier Qualification and Use of Supplier Lists
    11. Open and Selective Tendering Part III: Submission of Tenders, Contract Award and Information Provisions
    12. Limited Tendering
    13. Technical Specifications
    14. Secondary Policies under the GPA
    15. Enforcement and Surveillance
    16. The GPA: Review and Assessment
    17. Expanding Participation in WTO Procurement Disciplines.




    Other titles by this Author:

    Sort By:  Publication Date |  Title |  Author / Editor

    Public Procurement
    Sue Arrowsmith
    May 2003, ISBN/ISSN 9041198903,
    ISBN 13: 9789041198907
    304 pp. Hardcover
    Add to Shopping Cart: Public Procurement - 9041198903 - 9789041198907 $228.00

    Regulating Public Procurement, National and International Perspectives
    Sue Arrowsmith, John Linarelli, Don Wallace Jr.
    April 2000, ISBN/ISSN 9041106367,
    ISBN 13: 9789041106360
    Hardcover
    Add to Shopping Cart: Regulating Public Procurement, National and International Perspectives - 9041106367 - 9789041106360 $389.00

    Public Procurement: Global Revolution
    Sue Arrowsmith, Arwel Davies
    October 1998, ISBN/ISSN 9041196625,
    ISBN 13: 9789041196620
    Hardcover
    Add to Shopping Cart: Public Procurement: Global Revolution - 9041196625 - 9789041196620 $206.00


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