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This book examines infringements of competition law in public procurement settings, evaluating the latest European Procurement Directive 2014/24/EU to examine to what extent its provisions facilitate or deter collusion during specific award procedures. Public contracts account for a significant proportion of EU expenditure. In sectors such as energy, transport, social protection and the provision of health or education services, public authorities are the main purchasers. It is important to ensure that public contracts are awarded in an open, fair and transparent manner that enables domestic and non-domestic firms to compete on an equal basis, with the aim of improving the quality and loweri...
A detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) has extended its institutional arsenal since the Kennedy round in the early 1960s. The current institutional design is the outcome of the Uruguay round and agreements reached in the ongoing Doha round (begun in 2001). One of the institutional outgrowths of GATT is the World Trade Organization (WT0), created in 1995. In this book, Petros Mavroidis offers a detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. ...
This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.
This book presents an interdisciplinary exploration of the governance of public procurement reform in Africa. Through a bottom-up approach to case studies and comparative analyses, scholars, practitioners, and social activists write about the organizational mechanisms and implementation gaps in public procurement governance in light of the general premises of national reform. Reforming the ways in which government purchases works, goods, and services from the private sector is one of the most sweeping policy reform undertaken in Africa in the past decade. Despite the transnational scope of policy change, very little is known about the mechanisms of public procurement governance at the subnational level. The argument in this volume is that policy reforms that mitigate contractual hazards along the three-dimensional “law-politics-business matrix” are more likely to bring about meaningful institutional transformation and broader social accountability. Key to substantive transformation ofpublic procurement is the revitalization and professionalization of the public sector to meet the opportunities and challenges of development by contract.
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Focuses on trade policy issues in the era of globalization. This work deals with international trade issues, discusses the literature on the subject, and explores major controversies. It is suitable for researchers, academics, policymakers and practitioners concerned with international trade policy.
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