scholarly journals Contractual Stability and Its Relationship with the Political Process of Lawmaking. An Analysis of Peru's Public Procurement and the Principles of the Agreement on Government Procurement with the World Trade Organization

2017 ◽  
Author(s):  
Joss Zegarra Pinto ◽  
Luwing Peche Loayza
Revista CS ◽  
2014 ◽  
pp. 47-76 ◽  
Author(s):  
Francisco Urdinez

When China signed a Protocol of Accession to the World Trade Organization in December 2001, other country members were allowed to consider China as a Non-Market Economy until the end of 2016. Taking into account this restraint, the aim of this paper is to answer the following question: can the Market Economy Status Recognition (MES) be measured by a de-facto compliance? The variable used to measure the compliance is the number of antidumping investigations initiated by each country. Hence, the countries which recognize China as a market economy would have a fewer antidumping investigations than the countries that are still treating Beijing as a Non Market Economy, which is the key reason of why the Chinese Government has been campaigning vigorously since 2001 to gain a MES status by a larger number of its economic partners.


2019 ◽  
pp. 441-458 ◽  
Author(s):  
Wahyuni Bahar ◽  
Joseph Wira Koesnaidi

Government procurement is an important area of economic regulation in every nation, and free trade and comprehensive economic agreements are becoming central venues for adopting procurement standards. Based on arguments for efficient government spending on goods and services, opening commercial opportunities for local firms abroad, and larger concerns of social protection and policy pursued through procurement decisions, countries like Indonesia now need to consider whether they are ready to go down this path. This chapter analyzes in some detail the requirements of the World Trade Organization (WTO)’s Government Procurement Agreement and similar provisions of the Trans-Pacific Partnership (TPP) to assess which reforms, and political choices, Indonesia would need to make to bring its current system into compliance with these international norms. It argues that the costs, benefits, and challenges must be carefully weighed and counsels for a cautious and phased-in opening.


2011 ◽  
Vol 60 (3) ◽  
pp. 788-798
Author(s):  
Lisa Toohey

By the end of 2011, China will have been a member of the World Trade Organization (the WTO) for a decade. While China has undergone dramatic changes to implement commitments contained in its Protocol of Accession,1debate continues as to whether China has adequately complied with its obligations under the WTO Agreements in both letter and spirit. Some of this debate remains in the political arena, where China is censured over such issues as currency controls and or equality of access for foreign firms like Google; however, it is in the legal arena, and specifically within the WTO's Dispute Settlement Body, that some of the most controversial issues are raised, both against and by China.


Author(s):  
Maria Anna Corvaglia ◽  
Kevin Li

With the globalisation of supply chains, the respect for human rights and labour standards in procurement practices has become a crucial priority also in the domestic regulation of public procurement. This paper focuses on two specific characteristics of the use of public procurement regulation for the enforcement of human rights and labour standards: its extraterritorial effects on companies and firms across different jurisdictions and its reliance on private certifications and labels. Both of these new aspects are evident within the new 2014 EU Procurement Directives, which includes a number of far-reaching regulatory features that facilitate the monitoring of the respect for human rights and labour standards of contractors and subcontractors across borders. However, this new dimension of public procurement has the potential to create tension within the framework of multilateral trade governance, specifically, the World Trade Organization (WTO) trade regime.


2015 ◽  
Vol 15 (1) ◽  
pp. 93-116 ◽  
Author(s):  
Daniel J. Cook

Much of the literature on China's ongoing attempts to accede to the World Trade Organization (“WTO”) Agreement on Government Procurement (“GPA”) focuses on which Chinese entities will ultimately be covered by the Agreement. While coverage issues are, no doubt, important, this paper argues that China will face an even greater number of challenges when implementing and harmonizing the requirements of the GPA with its own domestic procurement laws. In particular, the GPA's Article XVIII requirement for an effective domestic review mechanism may be especially difficult for China to achieve. In light of these challenges, this paper argues that current GPA members should address problems with China's domestic legal framework for procurement now, not look to the domestic review device to resolve problems after accession.


2005 ◽  
Vol 4 (3) ◽  
pp. 341-354 ◽  
Author(s):  
PETER SUTHERLAND

In reflecting on the record of the World Trade Organization during its first ten years of existence I have chosen to take a ‘political’ view. In doing so, I am aware that other observers might well draw quite different conclusions from my own. However, it is often the political perceptions that count. Indeed, in the past few years, as the WTO has gained recognition in the public consciousness, the work of the institution has sometimes been deflected from what strict economic or legal analysis might suggest as the ‘best courses’ for the overall public good.


Sign in / Sign up

Export Citation Format

Share Document