Green Public Procurement Under Wto Law
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Green Public Procurement Under Wto Law
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Author : Rika Koch
language : en
Publisher: Springer Nature
Release Date : 2020-08-31
Green Public Procurement Under Wto Law written by Rika Koch and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-31 with Law categories.
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).
Public Procurement And Labour Rights
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Author : Maria Anna Corvaglia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-21
Public Procurement And Labour Rights written by Maria Anna Corvaglia and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-21 with Law categories.
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.
Government Procurement In The Wto
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Author : Sue Arrowsmith
language : en
Publisher: Springer
Release Date : 2003-01-14
Government Procurement In The Wto written by Sue Arrowsmith and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-14 with Law categories.
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.'
Green Public Procurement In China And The Wto Agreement On Government Procurement
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Author : Michelle Q. Zang
language : en
Publisher:
Release Date : 2011
Green Public Procurement In China And The Wto Agreement On Government Procurement written by Michelle Q. Zang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Foreign trade regulation categories.
The Wto Regime On Government Procurement
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Author : Sue Arrowsmith
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-28
The Wto Regime On Government Procurement written by Sue Arrowsmith and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-28 with Law categories.
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.
Regulation Public Procurement National And International Perspectives
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Author : Sue Arrowsmith
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-04-17
Regulation Public Procurement National And International Perspectives written by Sue Arrowsmith and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-17 with Business & Economics categories.
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.
Public Procurement And Private Standards
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Author : Maria Anna Corvaglia
language : en
Publisher:
Release Date : 2016
Public Procurement And Private Standards written by Maria Anna Corvaglia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
With the globalization of the supply chain around different countries, the effective implementation of social and environmental objectives in procurement practices becomes a crucial priority. For this reason, the inclusion in procurement practices of transnational private regulations (TPRs) such as standards, labeling, and certifications has drastically increased as an instrument of verification for environmental and social criteria. However, the use of these private initiatives is not immune from critics and concerns, in particular regarding its international legal implications. If standards and labels provide important information on the suppliers and guidance alongside the procurement process, their inclusion in the procurement documents has also the potential to generate distortive and discriminatory effects on international competition and market access dynamics, resulting in a barrier to trade. This article analyses the main international legal implications inside the World Trade Organization (WTO) regulatory framework of the use of private standards in public procurement. The inclusion of these voluntary initiatives will be analysed under the lens of the non-discriminatory principle framed in the Government Procurement Agreement (GPA) of the WTO, establishing a comparative analysis with the Agreement on Technical Barrier to Trade.
Public Procurement S Place In The World
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Author : G. Piga
language : en
Publisher: Springer
Release Date : 2014-08-17
Public Procurement S Place In The World written by G. Piga and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-17 with Political Science categories.
This volume addresses different issues related to green innovation procurement as well as exploring the challenges involved in public procurement. It offers a broad array of perspectives, addressing both general, abstract problems of optimal public procurement and concrete cases of national or even local public procurement systems.
Reformation Or Deformation Of The Eu Public Procurement Rules
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Author : Grith Skovgaard Ølykke
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-11-25
Reformation Or Deformation Of The Eu Public Procurement Rules written by Grith Skovgaard Ølykke and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Government purchasing categories.
Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
Public Procurement And Human Rights
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Author : Olga Martin-Ortega
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Public Procurement And Human Rights written by Olga Martin-Ortega and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.