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Green Public Procurement under WTO Law

Green Public Procurement under WTO Law
Author: Rika Koch
Publisher: Springer Nature
Total Pages: 239
Release: 2020-08-31
Genre: Law
ISBN: 3030482146

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This book investigates the strategic use of public procurement as a way to establish “buying green” as a common practice – not only in the EU, but all over the world. However, imposing environmental requirements may affect the conditions of competition between suppliers, especially between local and foreign ones. This is particularly relevant for signatory states to the Government Procurement Agreement (GPA), a plurilateral WTO agreement that aims at liberalizing public procurement markets. So how can these countries strike a balance between trade concerns and using the environmental potential of public procurement? What scope does the GPA 2012 leave for environmental criteria and how are signatory states making use of it? The need for answers to these questions is becoming even more pressing with the increasing use of green public procurement (GPP). This book discusses approaches to finding legal solutions to this question, using a multilayered approach to do so: In a first step, an analysis of the pertinent GPA provisions serves to delineate the scope for GPP under WTO law. In a second step, an evaluation of the implementation of the respective provision at the regional and national level by the EU and Switzerland helps reveal the impact of the GPA on its signatory states. While the book chiefly focuses on the legal framework for GPP, it also takes into account the latest developments in jurisprudence and policy initiatives. It concludes by proposing practical solutions regarding the specific design of GPP policies and measures in compliance with the GPA. The comparative approach applied in the book, focusing on the implementation of the WTO/GPA by two selected signatories, makes it an informative and insightful resource for practitioners, policymakers and legal scholars from all GPA signatory countries, extending its relevance beyond the selected examples (the EU and Switzerland).


Green Public Procurement Strategies for Environmental Sustainability

Green Public Procurement Strategies for Environmental Sustainability
Author: Shakya, Rajesh Kumar
Publisher: IGI Global
Total Pages: 228
Release: 2019-02-22
Genre: Technology & Engineering
ISBN: 1522570845

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The worldwide consumption of resources is causing environmental damage at a rate that cannot be sustained. Apart from the resulting environmental and health problems, this trend could threaten economic growth due to rapidly decreasing natural resources and the cost of addressing these issues. The public sector has a responsibility to stimulate the marketplace in favor of the provision of more resource-efficient and less polluting goods, services, and works in order to support environmental and wider sustainable development objectives. Green Public Procurement Strategies for Environmental Sustainability provides innovative insights on the adoption and implementation of green public procurement for sustainable practice in order to contribute to environmental protection. The content within this publication examines climate change, sustainable development, and document analysis and is designed for policymakers, environmentalists, managers, suppliers, development agencies, government officials, academicians, researchers, students, and professionals.


Public Procurement and Labour Rights

Public Procurement and Labour Rights
Author: Maria Anna Corvaglia
Publisher: Bloomsbury Publishing
Total Pages: 255
Release: 2017-09-21
Genre: Law
ISBN: 178225904X

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This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.


Government Procurement in the WTO

Government Procurement in the WTO
Author: Sue Arrowsmith
Publisher: Springer
Total Pages: 520
Release: 2003-01-14
Genre: Law
ISBN:

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In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The 'plurilateral' WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity–more than 10 percent of gross domestic product in most countries. This insightful and thoroughly researched study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade the institutional structure for dealing with government procurement in the GATT/WTO system the impact of relevant WTO law on national legal systems the types of contracts and entities covered in the Agreement on Government Procurement how the National Treatment principle and the Most Favored Nation obligation affect government procurement rules of WTO contract award procedure and the controversy over their interpretation and revision the free trade vs. social and environmental issues question in the context of government procurement and the monitoring and enforcement of WTO procurement rules Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments. The result is a new work of major significance-a work that government procurement officials in every country, whatever their field, cannot afford to ignore. The value of Government Procurement in the WTO to lawyers and scholars in the field goes without saying. Review' Beneath its somewhat ordinary title is a work of extraordiary depth and quality. Although written by a law professor, this book is far more than a traditional legal textbook. In exceptionally lucid writing, the aithor sets forth a comprehensive study of the World Trade Organization (WTO) regulations ('Articles') on public procurement and their omplications.'


Sustainable Development in World Trade Law

Sustainable Development in World Trade Law
Author: Markus W. Gehring
Publisher: Kluwer Law International B.V.
Total Pages: 778
Release: 2005-01-01
Genre: Law
ISBN: 9041123660

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In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.


The WTO Regime on Government Procurement

The WTO Regime on Government Procurement
Author: Sue Arrowsmith
Publisher: Cambridge University Press
Total Pages: 895
Release: 2011-04-28
Genre: Law
ISBN: 1139501429

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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.


Buying Green!

Buying Green!
Author:
Publisher:
Total Pages: 42
Release: 2004
Genre: Public contracts
ISBN:

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Regulation Public Procurement - National and International Perspectives

Regulation Public Procurement - National and International Perspectives
Author: Sue Arrowsmith
Publisher: Kluwer Law International B.V.
Total Pages: 890
Release: 2000-04-17
Genre: Business & Economics
ISBN: 9041106367

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Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.


The Environmental Performance of Public Procurement Issues of Policy Coherence

The Environmental Performance of Public Procurement Issues of Policy Coherence
Author: OECD
Publisher: OECD Publishing
Total Pages: 227
Release: 2003-09-07
Genre:
ISBN: 9789264101562

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Examines country initiatives to reduce the environmentally damaging effects of public procurement by introducing "greener public purchasing initiatives" such as requiring recycled content or levels of energy efficiency in purchased products.