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Vol 22 No 10 Oct/Nov 2017

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Public Procurement and Labour Rights: Towards Coherence in International Instruments of Procurement Regulation


ISBN13: 9781782259039
Published: September 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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This book examines the complex issue of whether there can be an international architecture for public procurement, through the prism of labour law and policy.

In particular it is concerned with the fragmentation of the international framework of procurement law into regulatory models that develop independently and that follow different mechanisms for the inclusion of labour policy and labour law.

The work offers an innovative comparative approach, discussing the ways in which the different international regulatory models are able to implement (aspects of) labour rights with the available procurement instruments. Scholarly, rigorous and timely, this will be important reading for all international trade lawyers.

Subjects:
Employment Law, International Trade, Public Procurement
Contents:
Introduction
I. General Overview
II. Premise and Scope of the Study
III. Comparative Research Framework and Methodology
IV. Structure of the Research
1. International Regulatory Framework of Public Procurement: From Fragmentation to Coherence
I. Introduction
II. The Challenges of Fragmentation in International Economic Law
III. Fragmentation in the International Regulatory Architecture of Public Procurement
IV. From Fragmentation to Coherence in the International Framework of Procurement Governance
V. Conclusions
2. Unpacking the Use of Public Procurement to Achieve Social and Labour Policies
I. Introduction
II. Framing the Instrumental Use of Public Procurement for Social and Labour Purposes
III. The Social and Labour Dimension of Public Procurement
IV. The Procedural Mechanisms Behind the Social and Labour Use of Public Procurement
V. Public Procurement and the Challenges of Assuring Social and Labour Policies Along the Supply Chain: The Roles of Social Certifications, Standards and Labels
VI. Conclusions
3. The Admissibility of the Inclusion of Social and Labour Rights Under the WTO Procurement Regulatory Framework
I. Introduction to the Social Dimension of Public Procurement in the WTO Regulation Framework
II. The WTO Institutional Framework for Public Procurement
III. The Objective of the GPA: The Principle of Non-Discrimination
IV. The Flexibilities in the Revised GPA: Derogations and Exceptions for Discriminatory Procurement Practices
V. The GPA Regulation of the Award Procedure
VI. Conclusion
4. The EU Public Procurement Framework: The Internal Market and Socially Responsible Procurement
I. Introduction to the EU Public Procurement Regime and Social Rights
II. The Completion of the EU Internal Market and Fundamental Regulatory Principles
III. Internal Market Economic Freedoms and Regulatory Autonomy in Public Procurement Under the EU Treaties
IV. The Enforcement of Social and Labour Policies under the 2014 EU Directives on Public Procurement
V. Conclusions
5. Social and Labour Considerations in Non-Trade International Instruments of Procurement Regulation
I. Non-Trade Instruments of Procurement Regulation: The UNCITRAL Model Law and the World Bank
Guidelines
II. The UNCITRAL Model Law on Procurement of Goods, Construction and Services
III. The World Bank Procurement Framework and the Achievement of Social and Labour Concerns
General Conclusions
(A) Fragmentation—International Regulatory Instruments with Conflicting Regulatory Objectives
(B) Implementation of Social and Labour Policies in the Procurement Process
(C) International Legal Framework and the Labour and Social Dimension of Public Procurement

Series: Studies in International Trade Law

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