The WTO Regime on Government Procurement de Sue Arrowsmith

The WTO Regime on Government Procurement: Challenge and Reform

Sue Arrowsmith

Robert D. Anderson

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.

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Cuprins

Part I. The WTO Regime on Government Procurement: 1. The WTO regime on government procurement: past, present and future; Part II. Expanding the Scope of the Agreement on Government Procurement: Accession and Coverage: 2. Forging a more global procurement market: issues concerning accessions to the agreement on government procurement; 3. Accession to the agreement on government procurement: the case of China; 4. India's possible accession to the agreement on government procurement: what are the pros and cons?; 5. The benefits to developing countries of accession to the government procurement agreement: the case of Chinese Taipei; 6. The coverage negotiations for the agreement on government procurement: context, mandate, process and prospects; 7. A case study of coverage issues: Canada's sub-central coverage under the agreement on government procurement; 8. The procurement of state trading companies under the WTO agreements: a proposal for a way forward; 9. Addressing purchasing arrangements between public sector entities - what can the WTO learn from the EU's experience?; Part III. Revision of the Procedural Rules and Other Transparency Provisions of the Agreement on Government Procurement: 10. The revised agreement on government procurement: changes to the procedural rules and other transparency provisions; Part IV. Developing Countries in the WTO Procurement Regime: 11. Special and differential treatment for developing countries under the agreement on government procurement: the current text and new provisions; 12. Building sustainable capacity in public procurement; 13. Untying aid through the agreement on government procurement: a means to encourage developing country accession to the agreement and to improve aid effectiveness?; Part V. Economic and Social Development (Horizontal Policies) in Government Procurement: 14. The national treatment and exceptions provisions of the agreement on government procurement and the pursuit of horizontal policies; 15. The limited case for permitting SME procurement preferences in the agreement on government procurement; 16. Social policies in procurement and the agreement on government procurement: a perspective from South Africa; Part VI. Enforcement and Remedies: 17. Constructing a system of challenge procedures to comply with the government procurement agreement; 18. Designing effective challenge procedures: the EU's experience with remedies; 19. The design and operation of a bid challenge mechanism: the experience of Hong Kong; Part VII. Multilateralism and Regionalism: 20. Government procurement provisions in regional trade agreements: a stepping stone to GPA accession?; 21. A case study of regionalism: the EU-Cariforum economic partnership agreement; Part VIII. Challenges and New Directions: 22. Ensuring integrity and competition in public procurement markets: a dual challenge for good governance; 23. Developing multilateral rules on government procurement: the value of soft law; 24. Work of UNCITRAL on government procurement: purpose, objectives, and complementarity with the work of the WTO; 25. Global procurement law in times of crisis: new buy American policies and options in the WTO legal system; 26. Procurement rules in times of crisis: lessons from US government procurement in three episodes of 'crisis' in the 21st century.