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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Internationalization of Government Procurement Regulation

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Edited by: Petros C. Mavroidis, Aris C. Georgopulos, Bernard M. Hoekman

ISBN13: 9780198796756
To be Published: February 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £30.00
Hardback edition not yet published, ISBN13 9780198796749

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 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.

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Public Procurement
Introduction and Overview, Aris Georgopoulos, Bernard Hoekman and Petros C. Mavroidis

Part I. International Focal Points for Procurement Disciplines
1: The Evolving GPA: Lessons of Experience and Prospects for the Future, Arwel Davies
2: Regional Trade Agreements and Procurement Rules: Facilitators or Hindrances?, Robert Anderson, Anna Caroline Müller, and Philippe Pelletier
3: UNCITRAL and the Internationalisation of Procurement Regulation, Caroline Nicholas
4: The Government Procurement Agreement, the Most-Favoured-Nation Principle and Regional Trade Agreements, Kamala Dawar

Part II. Country Studies
5: Public Procurement in the EU, Carlo Maria Cantore and Subidey Togan
6: Public Procurement in Global and Regional Trade Agreements: Lessons Learned in Armenia, Eliza Niewadomska and Astghik Solomonyan
7: Public Procurement in Turkey, Sübidey Togan, Bedri Kamil Onur Tas and Servet Alyanak
8: Israel's Public Procurement Regime: International and Comparative Aspects, Arie Reich
9: US Government Contracting in the Context of Global Public Procurement, Christopher Yukins
10: Government Procurement in US Trade Agreements, Gary Hufbauer and Tyler Moran
11: The Internationalization of Canada's Procurement, Paul Lalonde
12: Public Procurement in Mexico, Eduardo Perez Motta and Paulina Valladares
13: Public Procurement in Brazil: Access for Foreign Suppliers and Compatibility with International Procurement Practices, Cesar Pereira and Rafael Schwind
14: Internationalization of Public Procurement Law and Relevance of International Norms and Frameworks: The Case of China, Fuguo Cao and Fen Zhou
15: Internationalization of Government Procurement Regulation: The Case of India, Anirudh Shingal
16: Government Procurement, Preferences, and International Trading Rules: The South African Case, Memory Dube, Liezemarie Johannes and David Lewis
17: Government Procurement Polices Across the Tasman: What Role Played by (Preferential) Trade Agreements?, Malcolm Bosworth

Part III. Taking Stock and Looking Forward
18: International Public Procurement: From Scant Facts to Hard Data, Lucian Cernat and Zornitsa Kutlina-Dimitrova
19: How Open are Procurement Markets?, Patrick Messerlin
20: International Cooperation on Public Procurement Regulation, Bernard Hoekman