Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 9 Sept/Oct 2017

Book of the Month

Cover of Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

Price: £225.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Fighting Corruption in Public Procurement: A Comparative Analysis of Disqualification or Debarment Measures

Image not available lge

ISBN13: 9781849460200
Published: November 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00



Low stock.

Also available as
£83.32
+ £16.67 VAT

Anti-corruption measures have recently taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding on or otherwise obtaining government contracts.

This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts.

The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank."

Image not available lge
Subjects:
International Trade, Public Procurement
Contents:
1: Introduction
2: Corruption, Anti-Corruption Measures and Disqualification
2.1 Introduction
2.2 The Meaning, Nature and Effects of Corruption
2.3 Anti-Corruption Measures
2.4 Public Procurement And Corruption
2.5 The Use of Disqualifications in Public Procurement
3: An Overview of Procurement Regulation, Anti-Corruption and Disqualification Policy in the Jurisdictions
3.1 Introduction
3.2 The European Union
3.3 The United Kingdom
3.4 The United States
3.5 The World Bank
3.6 South Africa
4: The Offences and the Requirement for a Conviction for Disqualification
4.1 Introduction
4.2 The European Union
4.3. The United Kingdom
4.4 The United States
4.5 The World Bank
4.6 South Africa
4.7 Summary and Analysis of Main Issues
5: Procedural Issues Affecting Disqualification
5.1 Introduction
5.2 Procedure for Disqualifying
5.3 Time Limits for Disqualification
5.4 Summary and Analysis of Main Issues
6: Disqualifying Entities and the Scope of Disqualification
6.1 Introduction
6.2 Disqualifying Entities
6.3 The Scope of Disqualification
6.4 Summary and Analysis of Main Issues
7: Investigations
7.1 Introduction
7.2 The Existence of a Requirement or Obligation to Investigate
7.3 The Entity with the Power to Investigate and the Extent of the Entity's Powers
7.4 The Nature and Sources of Information and Evidence
7.5 Summary and Analysis of Main Issues
8: The Disqualification of Persons Related to a Corrupt Supplier
8.1 Introduction
8.2 Rationales for Disqualifying Related Persons
8.3 The Related Persons
8.4 Summary and Analysis of Main Issues
9: The Effect of Disqualification on Existing Contracts
9.1 Introduction
9.2 Rationales for Contractual Termination
9.3 Is There a Duty to Terminate Existing Contracts for Disqualification?
9.4 Problems with Contractual Termination
9.5 Summary and Analysis of Main Issues
10: Derogating from Disqualification
10.1 Introduction
10.2 Reasons for Derogating from Disqualification
10.3 Preventing Abuse in the Use of Derogations
10.4 Summary and Analysis of Main Issues
11: Remedies for Affected Suppliers
11.1 Introduction
11.2 The Availabilty of a Right of Review
11.3 The Kinds of Remedies Available
11.4 Summary and Analysis of Main Issues

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
To be published February 2018
Hart Publishing
£65.00
Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
To be published December 2017
Hart Publishing
£27.99
Non-State Actors in International Law ISBN 9781509917839
To be published November 2017
Hart Publishing
£49.99
The Contractual Nature of the Optional Clause ISBN 9781509917686
To be published October 2017
Hart Publishing
£34.99
£66.66 + £13.33 VAT
(ePub)
Buy
£55.00
£45.82 + £9.17 VAT
(ePub)
Buy
£54.16 + £10.83 VAT
(ePub)
Buy
£65.00
Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
Published February 2017
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
Published February 2017
Hart Publishing
£60.00
International Law and Child Soldiers ISBN 9781509913831
Published January 2017
Hart Publishing
£24.99
Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published October 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Complicity in International Criminal Law ISBN 9781509900084
Published October 2016
Hart Publishing
£55.00
Economic Sanctions and International Law ISBN 9781849465908
Published August 2016
Hart Publishing
£65.00
Economic Sanctions and International Law (eBook) ISBN 9781782254737
Published August 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Corruption and Human Rights Law in Africa ISBN 9781509908455
Published July 2016
Hart Publishing
£25.99
£70.00
£58.33 + £11.66 VAT
(ePub)
Buy
Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published June 2016
Hart Publishing
£55.00
Security and International Law ISBN 9781849466349
Published April 2016
Hart Publishing
£65.00
Security and International Law (eBook) ISBN 9781782255895
Published April 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
Hart Publishing
£60.00
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published March 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Diplomatic Interference and the Law ISBN 9781849464369
Published February 2016
Hart Publishing
£70.00
Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published February 2016
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
£54.16 + £10.83 VAT
(ePub)
Buy
Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
Hart Publishing
£55.00
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
Hart Publishing
£26.99
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
Hart Publishing
£100.00
Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£83.32 + £16.67 VAT
(ePub)
Buy
The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
Hart Publishing
£70.00
The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
International Law and Child Soldiers (eBook) ISBN 9781782254348
Published December 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
International Law and Child Soldiers ISBN 9781849465205
Published December 2014
Hart Publishing
£55.00
£70.82 + £14.17 VAT
(ePub)
Buy
Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
Published August 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
Corruption and Human Rights Law in Africa ISBN 9781849466370
Published August 2014
Hart Publishing
£55.00
£24.99 + £5.00 VAT
(ePub)
Buy
Statelessness: The Enigma of the International Community ISBN 9781849465076
Published April 2014
Hart Publishing
£65.00
Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
Published April 2014
Hart Publishing
£22.49 + £4.50 VAT
(ePub)
Buy
£70.82 + £14.17 VAT
(ePub)
Buy
International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
Published July 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
International Law and the Construction of the Liberal Peace ISBN 9781849462440
Published July 2013
Hart Publishing
£55.00
£58.33 + £11.66 VAT
(ePub)
Buy
An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
Published May 2013
Hart Publishing
£70.00
An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
£62.49 + £12.50 VAT
(ePub)
Buy
£33.32 + £6.67 VAT
(ePub)
Buy
£40.00
£32.49 + £6.50 VAT
(ePub)
Buy
£38.99
Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
Hart Publishing
£70.00
Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
Promises of States under International Law ISBN 9781849462327
Published January 2012
Hart Publishing
£90.00
Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
Hart Publishing
£74.99 + £15.00 VAT
(ePub)
Buy
£54.16 + £10.83 VAT
(ePub)
Buy
Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
Hart Publishing
£65.00
The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
Hart Publishing
£75.00
£70.00
International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£95.00
Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
£75.00
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£70.00
Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£54.99
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
Buy
Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
Hart Publishing
£30.99
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£32.99
The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
Hart Publishing
£80.00
£90.00
Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
Hart Publishing
£85.00
£65.00
Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£55.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£75.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
Price on Application
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£50.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£55.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£80.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£90.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£85.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
Published May 2006
Hart Publishing
£120.00
£38.99
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£43.99
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£70.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£95.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£54.99
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£85.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
Hart Publishing
£130.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£70.00