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Does the World Trade Organization Government Procurement Agreement Deliver What It Promises?

Does the World Trade Organization Government Procurement Agreement Deliver What It Promises?
Author: Bedri Kamil Onur Tas
Publisher:
Total Pages: 28
Release: 2017
Genre:
ISBN:

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The revised World Trade Organization (WTO) Government Procurement Agreement (GPA), which came into force on April 6, 2014, provides a limited number of WTO Members with a framework for ensuring that the tenders scheduled under the Appendix to WTO GPA are conducted in a competitive, non-discriminatory, and transparent manner satisfying the conditions on integrity. The purpose of this paper is to analyze empirically whether the WTO GPA is effective in promoting non-discriminant, open, transparent, competitive and efficient government procurement. To study this question, we make use of the micro-level data set released recently by the European Union (EU) covering more than 3 million tenders conducted in the European Economic Area (EEA), Switzerland and Macedonia during the years 2006-2015. We have four major results. First, the likelihood that the contract is awarded to a foreign firm is significantly higher when the contract is covered by the WTO GPA. Second, number of bidders are significantly higher in WTO GPA covered procurements. Third, we find that corruption risk is lower in WTO GPA covered tenders. We use two measures to assess corruption risk: procurements that receive only one bid, and the connection strength of a winning firm in the network of suppliers. We find that single bid procurement is significantly lower in tenders covered by the WTO GPA. Additionally, we conclude that the WTO GPA provides the opportunity for less connected firms to win contracts. Finally, we find that the WTO GPA does not have a significant effect of procurement costs.


Most-favoured-nation Treatment

Most-favoured-nation Treatment
Author: United Nations Conference on Trade and Development
Publisher:
Total Pages: 164
Release: 2010
Genre: Political Science
ISBN:

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The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.


Combatting Corruption and Collusion in Public Procurement

Combatting Corruption and Collusion in Public Procurement
Author: Robert D. Anderson
Publisher: Oxford University Press
Total Pages: 385
Release: 2024-03-06
Genre: Law
ISBN: 0192882996

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'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This book provides a legal, economic, and practical analysis of issues concerning corruption and supplier collusion in public procurement, both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. It offers practical guidance on building robust regimes for combatting corruption and collusion in public procurement and how to bolster and improve them when they are faltering. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book. Pioneering and comprehensive, Combatting Corruption and Collusion in Public Procurement provides a pathbreaking analysis of a range of global issues, making it an essential read for scholars, lawyers, government officials and representatives of international and non-governmental organizations around the world.


Public Procurement Regulation in (a) Crisis?

Public Procurement Regulation in (a) Crisis?
Author: Sue Arrowsmith
Publisher: Bloomsbury Publishing
Total Pages: 520
Release: 2021-11-04
Genre: Law
ISBN: 1509943048

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This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery. With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.


Sustainable Finances and the Law

Sustainable Finances and the Law
Author: Rute Saraiva
Publisher: Springer Nature
Total Pages: 380
Release:
Genre:
ISBN: 3031494601

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The WTO at Twenty

The WTO at Twenty
Author: World Trade Organization
Publisher:
Total Pages: 88
Release: 2015
Genre: Business & Economics
ISBN:

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This research explores how multilateralism in trade has worked over the past twenty years - and provides some lessons about how it can work in the future. It describes the WTO's achievements across a number of key areas, including: strengthening the institutional foundations of the trade system; widening its membership and increasing participation; deepening trade integration through lower barriers and stronger rules; improving transparency and policy dialogue; strengthening dispute settlement; expanding cooperation with other international organizations; and enhancing public outreach. It concludes that the WTO has achieved much over its first twenty years but the success of the WTO has inevitably given rise to new challenges.


The Role of Trade in Ending Poverty

The Role of Trade in Ending Poverty
Author:
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN: 9789287042323

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The Role of Trade in Ending Poverty looks at the complex relationships between economic growth, poverty reduction and trade, and examines the challenges that poor people face in benefiting from trade opportunities. Written jointly by the World Bank Group and the WTO, the publication examines how trade could make a greater contribution to ending poverty by increasing efforts to lower trade costs, improve the enabling environment, implement trade policy in conjunction with other areas of policy, better manage risks faced by the poor, and improve data used for policy-making.


China and the WTO

China and the WTO
Author: Petros C. Mavroidis
Publisher: Princeton University Press
Total Pages: 262
Release: 2021-01-05
Genre: Business & Economics
ISBN: 0691206597

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"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.


Report to Congress of the U. S. -China Economic and Security Review Commission

Report to Congress of the U. S. -China Economic and Security Review Commission
Author: Carolyn Bartholomew
Publisher: DIANE Publishing
Total Pages: 381
Release: 2010-03
Genre: History
ISBN: 1437926002

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This report responds to the mandate for the Committee ¿to monitor, investigate, and report on the national security implications of the bilateral trade and economic relationship between the U.S. and the People¿s Republic of China.¿ Includes detailed treatment of investigations of the following areas: The U.S.-China Trade and Economic Relationship; China¿s Activities Directly Affecting U.S. Security Interests; China in Asia; China¿s Media and Information Controls -- The Impact in China and the U.S.; Comprehensive List of the Commission¿s Recommendations; Additional Views of Commissioners; Appendices. Charts and tables.