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Public Procurement
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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.
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The title of this book, Public Procurement: Global Revolution, reflects the enormous changes in the legal regulation of public purchasing over the last decade. These changes have two main drivers. The first is the implementation of national procurement reform programmes, especially in developing countries and transition economies, which have been encouraged by international institutions such as the World Bank and UNICITRAL. The second is the efforts to open up procurement to international trade, which have required many states to modify their procurement rules or to regulate procurement for the first time.
This book brings together the leading experts from academia, practice and the international institutions, to describe the major global developments in public procurement regulation, and to examine key policy issues. The book covers both the domestic and international perspectives, and also examines the relationship between them. Topics covered include:
• the UNICITRAL 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 making these agreements work;• regulating defence procurement; and• the use of procurement to promote social and environmental policies.5 142 kr
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Because of its enormous economic power and susceptibility to corruption, public procurement--the purchase by government of goods and services--has come under increasing regulation as world trade expands. Spurred on by domestic policies, trade agreements, and international organizations such as the World Bank, a new international system to regulate this strategic economic force is rapidly evolving--a system this is the first book to explore and elucidate.
In unprecedented depth, three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in today''s global market economy. Regulating Public Procurement will educate government officials, trade lawyers, and students in how to comply with existing and emerging regulatory schemes as they:
• select a contractor and plan the contract, with detailed attention to terms, conditions and specifications;• allow for national security, national industrial development, and environmental protection;• get value for money and avoid waste of public funds publicize contracts;• combat corruption;• secure successful completion of contracts;• balance pressures to buy from domestic sources with the economic benefits of international competition;• harness procurement power to promote social and environmental goals; enforce compliance with public procurement rules;• recognise circumstances under which discretion-based (rather than rules-based) initiatives may be more effective.Drawing on their extensive experience and expertise, the authors clarify the important distinctions between the realities of public procurement in industrialized, developing, and transitioning economies.
Throughout the book the reader will find detailed practical examples and important texts, including significant public procurement decisions of courts and other tribunals; resolutions of various national and international councils; and pertinent excerpts from legal commentators.
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