Regulation Public Procurement National And International Perspectives
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Regulation Public Procurement - National and International Perspectives by Sue Arrowsmith,John Linarelli,Don Wallace Pdf
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.
Challenges in Public Procurement by Khi V. Thai Pdf
This book is a collection of selected papers presented at the International Public Procurement Conference, October 21-23, 2004, in Fort Lauderdale, Florida, USA. Organized by the Public Procurement Research Center, the Conference was sponsored by the following organizations: Curtin University of Technology Business School (Australia); Florida Association of Public Purchasing Officers; FAU College of Architecture and Urban and Public Affairs; The National Institute of Governmental Purchasing, Inc.; South East Florida Local NIGP Chapter; United Nations Inter-Agency of Procurement Services Office; U.S. General Services Administration; and The World Bank. The book will be a great contribution to public procurement knowledge and practices. Practitioners and academic from various cultural, social, economic and political environments and various organizations share their procurement knowledge and experiences. In our current e-world, the readers of this book should not be surprised to see public procurement practitioners in different countries have experienced similar challenges; and researchers have conducted their research on similar procurement issues.
The Internationalization of Government Procurement Regulation by Aris Georgopoulos,Bernard Hoekman,Petros C. Mavroidis Pdf
As governments are major buyers of goods and services, foreign companies are keen to be able to participate in procurement opportunities on an equal footing with national firms. This has given rise to the inclusion of procurement disciplines in trade agreements and to internationally-agreed good regulatory practices in this important policy area. The contributions to this book examine how the dynamic mix of bilateral, regional, plurilateral and international norms on government procurement is reflected in purchasing practices at the national level and whether these are leading to convergence in policies and approaches. The countries studied span both advanced, high-income economies and emerging economies. Some are members of the WTO procurement agreement, others are not. Most WTO members have decided not to commit to binding international disciplines on procurement in trade agreements. This book explores whether there has been nonetheless internationalization of good procurement practices, and what current public purchasing processes suggest as regards the value added of signing on to binding rules of the game in this area. The approach taken in the volume is interdisciplinary. Contributors include economists, political scientists, legal scholars, and practitioners with a solid understanding of both the extant international disciplines and national government procurement policies. Each chapter assesses the current state of play as regards legislation and procurement practices; the degree to which industrial policy considerations feature in the relevant regulatory frameworks; the existence and use of domestic dispute resolution and review procedures that allow firms to contest the behavior of procuring entities; and the availability of data on procurement processes and outcomes.
EU Public Procurement Law by Christopher Bovis Pdf
ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.
Public procurement regulation is the body of law dealing with the way in which public bodies award contracts. Procurement by public bodies has implications for a number of areas of law. This book provides an international and comparative perspective on the foundations of procurement.
Public Procurement:Global Revolution by Sue Arrowsmith Pdf
Regulation, . the challenge of widening participation in global & regional agreements & of making these agreements work, . regulating defence procurement, & . the use of procurement to promote social & environmental policies. Public Procurement: Global Revolution brings together the leading experts from academia, practice, & international institutions to describe the major global developments that have occurred in public procurement regulation & to examine some key current policy issues. The dynamic nature of the topic & the quality of coverage make this a useful, interesting resource for academics in the fields of international law & economics as well as practitioners & officials involved in international trade.
International Handbook of Public Procurement by Khi V. Thai Pdf
Since the 1990s, government at all levels is under increasing pressure to do more with less. However, despite the U.S. government spending about 15 to 20 percent of its GDP on contracts for goods and services, there is a paucity of reference books for public procurement officials and very few textbooks for courses on the subject. Filling this void, the International Handbook of Public Procurement provides the knowledge necessary to understand how procurement works and how to improve the cost-effectiveness of procurement systems. Taking a multidisciplinary approach, the book focuses on the managerial, economic, political, and legal aspects of this topic. It begins with a conceptual framework and highlights various reforms occurring in certain countries. By examining these improvements, readers are able to apply this knowledge to their own strategies. The next section presents selected cases that illustrate the public procurement process, examining systems in various nations including Germany, China, South Africa, Cambodia, Uganda, and Estonia. The book also discusses the rise of electronic procurement systems (E-procurement) and reviews the benefits of these efficient systems. Other topics presented in this comprehensive volume include practical discussions on contract negotiations, bidding, price strategies and cost analysis, and an insightful chapter on the market’s response to contract award announcements. A virtual encyclopedia from numerous international experts, this book was assembled by Khi V. Thai, Professor at Florida Atlantic University and Editor of the Journal of Public Procurement. Dr. Thai has provided technical assistance in the area of public procurement to governments across the world. Empowering those on all sides of the issue, this volume dispenses advice valuable to government officials and contractors, as well as providing a comprehensive text for public administration students.
Public Procurement:The Continuing Revolution by Sue Arrowsmith Pdf
From modest beginnings in the early 1990's, a reform movement in the regulation of public procurement has mushroomed into a global imperative. Two fundamental values of international free trade policy value for money and the deterrence of corruption have brought intense scrutiny to bear on public procurement practices in nearly every country. Now international standards (notably those of the WTO and the EU) must be met if a trading nation is to take its place in the global markets. This collection of essays offers fifteen distinct views on the current status and trends in public procurement and its various aspects. From general discussion of setup, overcoming obstacles, ensuring transparency, and compliance with international rules to specific issues raised in economies as diverse as Kosovo, China, and the United States, Public Procurement: The Continuing Revolution provides a great wealth of insight and information. Although the emphasis throughout is on legal issues, the contributors include not only lawyers but also economists and specialists in purchasing practice. In addition, this is the first book to note the relatively recent trend, in developed countries, toward a less prescriptive, more flexible approach to regulation in which a degree of transparency is sacrificed. The question of how this trend will affect international procurement regimes is perhaps the most vital and interesting aspect of current theory and practice in the field. Most of these essays were originally presented as papers at an international conference hosted by the Public Procurement Research Group at the University of Nottingham in September 2001.
Public Procurement Regulation in Africa by Sue Arrowsmith,Geo Quinot Pdf
This book examines the regulatory rules on public procurement in selected African countries and provides a comparative analysis of key regulatory issues.
Public Procurement and Labour Rights by Maria Anna Corvaglia Pdf
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.
Green Public Procurement under WTO Law by Rika Koch Pdf
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).
Research Handbook on Global Administrative Law by Sabino Cassese Pdf
This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.
Trade Effects of Rules on Procurement for Commonwealth ACP Members by Peter-Armin Trepte Pdf
This Economic Paper assesses the potential trade effects of rules on procurement policies in Commonwealth ACP countries. It provides a practical guide for policy-makers and negotiators to determine the impact of government procurement rules and policies taken at the national level or negotiated in trade agreements.
Public Procurement Reform and Governance in Africa by S.N. Nyeck Pdf
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 of public procurement is the revitalization and professionalization of the public sector to meet the opportunities and challenges of development by contract.
Public Procurement Regulation in (a) Crisis? by Sue Arrowsmith,Luke RA Butler,Annamaria La Chimia,Christopher Yukins Pdf
This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery. With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.
