The WTO Regime on Government Procurement: Challenge and Reform

doi:10.1017/CBO9780511977015

Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-viii
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List of contributors
pp ix-xxiv
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Foreword by Pascal Lamy
pp xxv-xxviii
- By Pascal Lamy, World Trade Organization
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Perspective of the Chairman of the WTO Committee on Government Procurement, Nicholas Niggli (Switzerland)
pp xxix-xxxii
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Preface
pp xxxiii-xxxv
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Disclaimer
pp xxxvi-xxxvi
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PART I - The WTO regime on government procurement
pp 1-2
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1 - The WTO regime on government procurement: past, present and future
pp 3-58
- By Robert D. Anderson, World Trade Organization, Sue Arrowsmith, University of Nottingham
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PART II - Expanding the scope of the Agreement on Government Procurement: accession and coverage
pp 59-60
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2 - Forging a more global procurement market: issues concerning accessions to the Agreement on Government Procurement
pp 61-91
- By Robert D. Anderson, World Trade Organization, Kodjo Osei-Lah, World Trade Organization
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3 - Accession to the Agreement on Government Procurement: the case of China
pp 92-116
- By Ping Wang, University of Nottingham's School of Law
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4 - India's possible accession to the Agreement on Government Procurement: what are the pros and cons?
pp 117-139
- By S. Chakravarthy, Indian Institute of Technology, Delhi, Kamala Dawar, University of Amsterdam
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5 - The benefits for developing countries of accession to the Agreement on Government Procurement: the case of Chinese Taipei
pp 140-148
- By Chang-Fa Lo, National Taiwan University
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6 - The coverage negotiations under the Agreement on Government Procurement: context, mandate, process and prospects
pp 149-174
- By Robert D. Anderson, World Trade Organization, Kodjo Osei-Lah, World Trade Organization
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7 - Canada's sub-central government entities and the Agreement on Government Procurement: past and present
pp 175-196
- By David Collins, City Law School of City University London
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8 - The procurement of state trading enterprises under the WTO Agreements: a proposal for a way forward
pp 197-251
- By Ping Wang, University of Nottingham's School of Law
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9 - Addressing purchasing arrangements between public sector entities: what can the WTO learn from the EU's experience?
pp 252-282
- By Ping Wang, University of Nottingham's School of Law, Roberto Cavallo Perin, University of Turin, Dario Casalini, University of Turin
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PART III - Revision of the procedural rules and other transparency provisions of the Agreement on Government Procurement
pp 283-284
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10 - The Revised Agreement on Government Procurement: changes to the procedural rules and other transparency provisions
pp 285-336
- By Sue Arrowsmith, University of Nottingham
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PART IV - Developing countries in the WTO procurement regime
pp 337-338
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11 - Special and differential treatment and other special measures for developing countries under the Agreement on Government Procurement: the current text and new provisions
pp 339-376
- By Anna Caroline Müller, University of Düsseldorf
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12 - Building sustainable capacity in public procurement
pp 377-389
- By Peter Trepte, University of Nottingham
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13 - Untying aid through the Agreement on Government Procurement: a means to encourage developing countries' accession to the Agreement and to improve aid effectiveness?
pp 390-426
- By Annamaria La Chimia, University of Rome ‘La Sapienza’ in Italy
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PART V - Economic and social development (horizontal policies) in government procurement
pp 427-428
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14 - The national treatment and exceptions provisions of the Agreement on Government Procurement and the pursuit of horizontal policies
pp 429-443
- By Arwel Davies, Swansea University School of Law
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15 - The limited case for permitting SME procurement preferences in the Agreement on Government Procurement
pp 444-458
- By John Linarelli, University of La Verne College of Law
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16 - Social policies in procurement and the Agreement on Government Procurement: a perspective from South Africa
pp 459-480
- By Phoebe Bolton, Stellenbosch University, Geo Quinot, Stellenbosch University
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PART VI - Enforcement and remedies
pp 481-482
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17 - Constructing a system of challenge procedures to comply with the Agreement on Government Procurement
pp 483-510
- By Xinglin Zhang, Dongbei University
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The WTO Regime on Government Procurement

Challenge and Reform

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