Sue Arrowsmith - Böcker

In developing public procurement policy, governments are often concerned not only with value for money but also with promoting their social and environmental objectives. However, imposing social and environmental requirements makes it harder for some suppliers to participate in public procurement. EC law thus limits the ability of national governments to implement such policies. But how should the balance be struck between these trade concerns and the desire of national governments to use procurement as a policy tool? And should the EC even harness Member States' procurement power to EC-wide objectives, such as green energy policy? Despite the new provisions included in the EC's new (2004) procurement directives, important issues remain unresolved. This volume focusses on new issues in the field, notably the innovative provisions in the new directives, new academic thinking and areas neglected in the debate, such as the impact of EC law on the CSR policies of private utilities.

Governments are increasingly trying to achieve a variety of public interests through competitive tendering of public contracts, authorisations, subsidies as well as public assets. Over the past decades, domestic and EU law has developed for these 'limited rights' at different speed and is extremely fragmented: there is no coherent legal framework. This book provides information on the legal aspects of competitive allocation of all types of limited rights on the basis of an overarching perspective. It explains the impact of the legal framework on the ability of governments to achieve the public interests they pursue through competitive tendering. The book is relevant for domestic and EU public authorities, legislators, courts of law, as well as academics. It discusses and connects in a consistent manner, legal questions arising in the framework of competitive allocation of public contracts, authorisations, subsidies and public assets.

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.

Competitive dialogue is a procedure introduced into the EU procurement system in 2004 to provide an improved method for awarding complex contracts, such as those for public infrastructure and major IT systems. This book provides a critical examination of the legal rules on this new procedure, focusing in particular on grey areas such as availability of the procedure and the scope for negotiations after 'final tenders'. It considers both the EU-level rules and the way in which those rules have been applied in national systems. The examination draws on extensive evidence of the way in which the procedure has been operated and interpreted across Europe, including from several studies commissioned specifically for this volume. It also includes an extensive chapter co-authored by the volume editors which provides a thorough analysis of the EU-level rules, a comparative reflection on national experiences and significant critical commentary and recommendations.

Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa.

Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa.

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.This title is include included in Bloomsbury Professional's Local Government Law online service.

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.This title is include included in Bloomsbury Professional's Local Government Law online service.

Public procurement is big business. International organisations and governments at national, regional, state and city levels are major buyers of goods and services. However, public procurement is a relatively under-researched and new discipline, which, uniquely, brings together contributions from the fields of economics and law.This two-volume set presents some of the major contributions in the field. It includes papers on outsourcing versus internal provision; public procurement and the role of competition and transparency; corruption; public procurement as a tool of industrial, social and environmental policy; public procurement as a trade barrier and its regulation under international trade agreements; and enforcing public procurement rules.