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Vol 24 No 12 Dec 19/Jan 20

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Public Procurement and Human Rights: Opportunities, Risks and Dilemmas for the State as Buyer

Edited by: Olga Martin-Ortega, Claire Methven O'Brien

ISBN13: 9781788116305
Published: May 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00

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Important new policy frameworks call on governments to ensure respect for human rights by businesses and to secure a transition to sustainable consumption.

Public procurement accounts for a significant share of the global economy, and nearly 30% of government expenditure across OECD countries. But what are the obligations of the state to protect human rights when it acts as a buyer? And how can procurement be used to drive respect for human rights amongst government suppliers? This engaging book reflects on these important questions, from the dual disciplinary perspectives of public procurement and human rights.

Through legal analysis and practice-focused case studies, the expert contributors interrogate the role and potential of public procurement as a driver for responsible business conduct. Highlighting the character of public procurement as an interface for multiple normative regimes and competing policies, the book advances a compelling case for a shift to a new paradigm of sustainable procurement that embraces human rights as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.

Topical and thought-provoking, Public Procurement and Human Rights will be an essential read for academics and students of human rights law, public procurement law, and business and human rights, as well as practitioners in public procurement and sustainability, and government officials.

Human Rights and Civil Liberties, Public Procurement
Editors’ preface
1. Public procurement and human rights: interrogating the role of the state as buyer
Olga Martin-Ortega and Claire Methven O’Brien
2. Human rights and national procurement rules in the World Trade Organization Agreement on Government Procurement
Opi Outhwaite
3. Human rights in the context of public procurements financed by the World Bank
Sope Williams-Elegbe
4. The human rights responsibilities of international organizations as procuring authorities
Deborah Russo
5. Constitutionalising public procurement through human rights: lessons from South Africa
Geo Quinot
6. Public procurement and ‘core’ human rights: a sketch of the European Union legal framework
Albert Sanchez-Graells
7. Civil liability for abuses of ILO core labour rights in European Union government supply chains: Ireland as a case study
Eamonn Conlon
8. Public procurement and human rights: current role and potential of voluntary sustainability standards
Axel Marx
9. Outsourcing and bonded labour in military and diplomatic security services
James Sinclair
10. Public procurement and human rights in the healthcare sector: the Swedish county councils’ collaborative model
Pauline Göthberg
11. Public procurement and modern slavery risks in the English adult social care sector
Caroline Emberson and Alexander Trautrims
12. Making rights effective in public procurement supply chains: lessons from the electronics sector
Björn Skorpen Claeson
13. Supply chain transparency in public procurement: lessons from the apparel sector
Robert Stumberg and Nicole Vander Meulen
14. Public procurement and human rights: towards legal and policy coherence in pursuit of sustainable market economies
Claire Methven O’Brien and Olga Martin-Ortega