The implementation of the new rules for public procurement faces one of its most serious challenges from the variability of legal and administrative enforcement of failures of compliance with EC Directives by member states. In these circumstances, the case law of the European Court provides the basis for the development of a body of legal decisions that will shape the enforcement of the new post-1992 Directives on public procurement. This guide sets out the role and functions of the European Court, drawing together all of the case law established by it which affects procurement. It goes on to summarize, explain and analyze each case in detail. The arguments put forward by the Advocate General are also presented and detailed appendices provide the transcripts of the major decisions.

A guide to the procurement cases of the Court of Justice (Public procurement in the European Community)

Arrowsmith, Sue

Earlsgate Press

The title of this book reflects the enormous changes that have occurred in the legal regulation of public purchasing over the last decade. These changes have two main drivers. The first is the implementation of national reform programmes in public procurement, especially in developing countries and those countries making the transition from planned to market economies, which have been encouraged by international institutions such as the World Bank and UNCITRAL. The second is the efforts that have been made to open up government procurement markets to international trade both through regional agreements and globally through the World Trade Organisation. These agreements have required many states to modify their national procurement rules or to introduce regulation in procurement for the first time. This book brings together the leading experts from academia, practice, and international institutions to describe the major global developments that have occurred in public procurement regulation and to examine some key current policy issues. The book covers both domestic and international perspectives on public procurement regulation and also examines their relationship between them. Topics covered include the UNCITRAL Model Law and its influence on procurement reform; problems of reform in developing and transition economies; World Bank procurement procedures; the implications of information technology for procurement regulation; the challenge of widening participation in global and regional agreements and of making these agreements work; regulating defence procurement; and the use of procurement to promote social and environmental policies.

Public Procurement:Global Revolution (International Economic Development Law, 8)

Business & Money

Education & Reference

Springer

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 systemthe impact of relevant WTO law on national legal systemsthe types of contracts and entities covered in the Agreement on Government Procurementhow the National Treatment principle and the Most Favored Nation obligation affect government procurementrules 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 procurementand 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."

Government Procurement in the WTO (STUDIES IN TRANSNATIONAL ECONOMIC LAW)

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:The Continuing Revolution (International Economic Development Law, V. 15)

Foreign & International Law

See the best price to sell, buy, or rent books by Arrowsmith, Sue. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Arrowsmith, Sue

See the best price to sell, buy, or rent books by Arrowsmith, Sue. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

A guide to the procurement cases of the Court of Justice (Public procurement in the European Community)

Public Procurement:Global Revolution (International Economic Development Law, 8)

Government Procurement in the WTO (STUDIES IN TRANSNATIONAL ECONOMIC LAW)

Public Procurement:The Continuing Revolution (International Economic Development Law, V. 15)