Book contents
- Frontmatter
- Contents
- List of contributors
- Foreword by Pascal Lamy
- Perspective of the Chairman of the WTO Committee on Government Procurement, Nicholas Niggli (Switzerland)
- Preface
- Disclaimer
- PART I The WTO regime on government procurement
- PART II Expanding the scope of the Agreement on Government Procurement: accession and coverage
- PART III Revision of the procedural rules and other transparency provisions of the Agreement on Government Procurement
- PART IV Developing countries in the WTO procurement regime
- PART V Economic and social development (horizontal policies) in government procurement
- 14 The national treatment and exceptions provisions of the Agreement on Government Procurement and the pursuit of horizontal policies
- 15 The limited case for permitting SME procurement preferences in the Agreement on Government Procurement
- 16 Social policies in procurement and the Agreement on Government Procurement: a perspective from South Africa
- PART VI Enforcement and remedies
- PART VII Multilateralism and regionalism
- PART VIII Challenges and new directions
- Index
- References
14 - The national treatment and exceptions provisions of the Agreement on Government Procurement and the pursuit of horizontal policies
from PART V - Economic and social development (horizontal policies) in government procurement
Published online by Cambridge University Press: 07 September 2011
By
Book contents
- Frontmatter
- Contents
- List of contributors
- Foreword by Pascal Lamy
- Perspective of the Chairman of the WTO Committee on Government Procurement, Nicholas Niggli (Switzerland)
- Preface
- Disclaimer
- PART I The WTO regime on government procurement
- PART II Expanding the scope of the Agreement on Government Procurement: accession and coverage
- PART III Revision of the procedural rules and other transparency provisions of the Agreement on Government Procurement
- PART IV Developing countries in the WTO procurement regime
- PART V Economic and social development (horizontal policies) in government procurement
- 14 The national treatment and exceptions provisions of the Agreement on Government Procurement and the pursuit of horizontal policies
- 15 The limited case for permitting SME procurement preferences in the Agreement on Government Procurement
- 16 Social policies in procurement and the Agreement on Government Procurement: a perspective from South Africa
- PART VI Enforcement and remedies
- PART VII Multilateralism and regionalism
- PART VIII Challenges and new directions
- Index
- References
Summary
Introduction
This chapter discusses the relationship between two of the general provisions of the Agreement on Government Procurement (GPA), and the significance of this relationship for the use of public procurement as a policy tool to promote various industrial, social and environmental policies that are not necessarily related to the goods, works or services being acquired. Examples of such policies include providing economic development opportunities for underdeveloped regions, for small and medium-sized enterprises (SMEs), or for disadvantaged social groups. These policies have been variously referred to as ‘secondary’, ‘collateral’ or (as here) ‘horizontal’ policies.
The GPA provisions in question are now contained in Article V.1 and Article III.2 of the draft revised text, as provided below.
Article V General Principles
National Treatment and Non-Discrimination
1. With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of any other Party and to the suppliers of any other Party offering the goods or services of any Party, treatment no less favourable than the treatment the Party, including its procuring entities, accords to:
(a) domestic goods, services, and suppliers; and
(b) goods, services, and suppliers of any other Party. […]
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- The WTO Regime on Government ProcurementChallenge and Reform, pp. 429 - 443Publisher: Cambridge University PressPrint publication year: 2011
References
, ‘GATT/WTO Constraints on National Regulation: Requiem for an “Aims and Effects Test”’, The International Lawyer, 32 (1998), 619Google Scholar
, ‘Regulatory Purpose and “Like Products” in Article III:4 of the GATT (With Additional Remarks on Article III:2)’, Journal of World Trade, 36 (2002), 443CrossRefGoogle Scholar
, ‘Further Thoughts on the Role of Regulatory Purpose under Article III of General Agreement on Tariffs and Trade’, Journal of World Trade, 37 (2003), 737Google Scholar
and , ‘Still Hazy after all These Years: The Interpretation of National Treatment in the GATT/WTO Case-Law on Tax Discrimination’, European Journal of International Law, 15 (2004), 39CrossRefGoogle Scholar
and , ‘Non-discrimination in Trade and Investment Treaties: Worlds Apart or Two Sides of the Same Coin?’, American Journal of International Law, 102 (2008), 83–4Google Scholar
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