7. Government procurement policies: GATT, the EEC, and the United States

1938 ◽  
pp. 355-393
Author(s):  
W.C. Graham
Keyword(s):  
United States ◽  
The United States ◽  
Government Procurement

Japan-United States: Exchange of Letters Containing Medical Technology Procurement Agreement

1995 ◽  
Vol 34 (1) ◽  
pp. 78-101
Author(s):  
Wendy Silberman ◽  
Laura Sherman
Keyword(s):  
United States ◽  
Public Sector ◽  
Data Collection ◽  
Medical Technology ◽  
The United States ◽  
Government Procurement ◽  
Detailed Data ◽  
Technology Products ◽  
The Government ◽  
Technology Procurement

On October 1, 1994, the United States and Japan reached agreement on Japanese government procurement of medical technology products and services. This agreement consists of: (1) an exchange of letters between the Governments of Japan and the United States, which include goals, quantitative and qualitative criteria by which to evaluate progress toward the goals and consultation provisions; (2) Measures Related to Japanese Public Sector Procurement of Medical Technology Products and Services, adopted by the Government of Japan on March 29, 1994; (3) Operational Guidelines, which supplement and clarify the Measures; and (4) detailed data collection requirements.

Canada will struggle to diversify trade

2018 ◽  
Keyword(s):  
United States ◽  
Free Trade Agreement ◽  
Prime Minister ◽  
Trade Agreement ◽  
The United States ◽  
Government Procurement ◽  
National Interests ◽  
Content Type ◽  
Economic News ◽  
American Trade

Significance US efforts to renegotiate NAFTA were already tense, but this round of talks comes after Canada filed a wide-ranging complaint at the WTO over US trade practices. Meanwhile, the implementation of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) and the revival of an eleven-member version of the Trans-Pacific Partnership (TPP) without the United States could bring some good economic news to Canada. However, Prime Minister Justin Trudeau’s Liberals have been rebuffed in their efforts to begin free trade agreement (FTA) talks with China. Impacts Canada’s WTO case could make Trump more likely to leave NAFTA after this negotiation round. Resumed WTO tariffs in North American trade may see higher lumber, minerals, oil and other commodities prices. Bureaucratic interventions defending national interests in Canadian and EU government procurement will blunt CETA’s potential.

Recent Anti-ISDS Discourse in the Japanese Diet: A Dressed-Up But Glaring Hypocrisy

2015 ◽  
Vol 16 (5-6) ◽  
pp. 931-951 ◽  
Author(s):  
Shotaro Hamamoto
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
The United States ◽  
Government Procurement ◽  
Large Majority ◽  
State Sovereignty ◽  
Political Issue ◽  
The World ◽  
Investment Treaties ◽  
Japanese Diet

As in many parts of the world, an anti-investor-State dispute settlement (ISDS) discourse has been propagated also in Japan. In the Japanese Diet (Japan’s parliament), ISDS is criticized as infringing State sovereignty; as being incompatible with the Japanese Constitution; as unduly restricting regulatory space and government procurement; as being biased in favor of the United States; and as being acceptable only in relation to developing States. These criticisms are difficult to sustain and in fact ineffective as investment treaties continue to be approved by the Diet by unanimity or by a large majority. An analysis of the rhetoric of these criticisms and of actual voting records suggest that investor-State arbitration itself is not an independent political issue in Japan, but used as a pretext to manifest an anti-American sentiment or to criticize the incumbent government.

scholarly journals Legal Issues Arising from Protectionist Government Procurement Policies in Canada and the United States

2005 ◽  
Vol 29 (2) ◽  
pp. 369-423
Author(s):  
Denis Lemieux
Keyword(s):  
United States ◽  
The United States ◽  
Government Procurement ◽  
Legal Issues ◽  
Tokyo Round ◽  
Mise En Œuvre ◽  
Donne Lieu

Les marchés publics confèrent aux différents paliers gouvernementaux une force de frappe qu'ils sont susceptibles d'utiliser pour atteindre des objectifs économiques et sociaux en plus d'obtenir des biens et services de qualité à un prix raisonnable. Ceci donne lieu à l'élaboration et à la mise en oeuvre de politiques d'achats. Ces politiques prennent rarement la forme de lois et de règlements mais sont adoptées le plus souvent par voie de directives, d'énoncés de politique et de pratiques administratives. Toutefois, ceci ne signifie pas qu'il n'existe pas de cadre juridique des politiques d'achats. Les dispositions de la Loi constitutionnelle de 1867 relatives au commerce interprovincial et international, de même que les droits à l'égalité et à la mobilité enchâssés dans la Loi constitutionnelle de 1982, servent de cadre juridique minimal aux politiques d'achats. À ces normes s'ajoutent les obligations internationales du Canada à l'intérieur du cadre de l'Accord général du G A TT et, pour le Gouvernement fédéral, le Code des marchés publics adopté lors du Tokyo Round. La mise en oeuvre de l'Accord de libre-échange canado-américain viendra apporter une nouvelle limite à l'autonomie des initiateurs de politiques d'achats publics.

Coalition Procurement for the Reconstruction of Iraq in the Crosshairs of WTO Law: The Obligations of the United States under the WTO Government Procurement Agreement

2004 ◽  
Vol 5 (3) ◽  
pp. 257-282
Author(s):  
Dirk Pulkowski
Keyword(s):  
United States ◽  
International Law ◽  
Reagan Administration ◽  
The United States ◽  
Legal Framework ◽  
Government Procurement ◽  
Economic Reason ◽  
Trading Partners ◽  
Basic Infrastructure ◽  
The U.S

Investigating the legality? Ha ha ha! That cracks me up. There is no international law that would prohibit this action by the Defense Department, nor is there any international court that France may appeal to. I of course think that this is the correct decision. Those countries who did not help win the war – who did not pay the price in blood – have no claim to the postwar profits. – Mike, Why I'm Right, Internet ForumDuring the Reagan administration, I helped negotiate … the “GATT Government Procurement Code”, later incorporated into the World Trade Organization's legal framework. The U.S. was the primary force behind this legal agreement. It was not motivated by altruism, but out of a belief that all signatory governments … and their respective tax payers would benefit from basing practices on economic factors rather than national favoritism. - Gene Tuttle, in responseInfrastructure in Iraq lies in tatters. Unscrupulous exploitation by Saddam Hussein's dictatorial regime, burdensome economic sanctions and massive destruction during the U.S.-led military operation ‘Iraqi Freedom’ have turned Iraq into one of the world's most destitute countries. On the UN Human Poverty Index for 2003, Iraq ranks seventy-first out of ninety-six developing nations. The reconstruction of basic infrastructure is but one first step towards development and economic growth. Rebuilding Iraq's infrastructure, however, involves substantial economic interests. After all, the cake to be distributed for rebuilding Iraq is expected to exceed $100 billion. Some companies see on the horizon one of the most rewarding business opportunities “undertaken in over 50 years” At the same time, there is a growing suspicion that political or even personal biases of the United States' administration have a bigger role to play than economic reason when it comes to sharing the cake. In December 2003, Deputy Secretary of Defense, Paul Wolfowitz, announced that some of America's trading partners, among them Canada, France, Germany and Russia, would be altogether excluded from competition for major reconstruction projects in Iraq. Public opinion in Europe was quick to brand the United States an international law-breaker. Can one State simply reserve to itself the final word on the Iraqi reconstruction money?

scholarly journals China’s Accession to Government Procurement Agreement under the Trump Administration’s Trade Policy

2019 ◽  
Vol 13 (1) ◽  
pp. 237
Author(s):  
Feng Guo ◽  
Fen Zhou
Keyword(s):  
United States ◽  
Trade Policy ◽  
The United States ◽  
Government Procurement ◽  
Chinese Government ◽  
The Past ◽  
The Us ◽  
Us Government ◽  
Accession Process ◽  
Trump Administration

China committed to initiate the accession to Government Procurement Agreement when it entered the WTO as a compromise to the requirements made by GPA parties, mostly the developed western countries such as the United States. China started its official attempt to join the GPA on December 28, 2007 by submitting the first offer to the GPA Commission. Six revised offer were then submitted during the past years. The position of the United States and China in international trade changed dramatically since then. This article finds that Trump Administration’s attitude toward China’s accession to GPA is mixed and the US government might impede China’s accession with the analysis on the current American foreign trade policy and the latest development in government procurement in the US’s related international agreements and domestic laws. However, this accession process can only be delayed but not terminated even if the standpoint of the US is proved to be negative due to the theoretical and technical analysis on GPA. Effective and significant measures will be taken by Chinese government since the president Xi Jinping made the statement to accelerate the accession to GPA in Boao Forum in early 2018.

Dilemma of Selling to Uncle Sam

1965 ◽  
Vol 29 (2) ◽  
pp. 25-27
Author(s):  
Arthur J. Katz
Keyword(s):  
United States ◽  
The United States ◽  
Government Procurement ◽  
United States Government ◽  
Factors Influencing ◽  
Government Procurement System ◽  
States Government ◽  
The Government ◽  
Procurement System ◽  
The Government Procurement

More than $50 billion are spent annually by the United States Government for defense purposes. The author of this article takes a brief look at vital factors influencing a decision of whether or not an industrial firm should attempt to find a niche in the Government procurement system.

scholarly journals Justice Implications of Clean Energy Policies and Programs in the United States: A Theoretical and Empirical Exploration

2019 ◽  
Vol 11 (3) ◽  
pp. 807 ◽  
Author(s):  
Shan Zhou ◽  
Douglas Noonan
Keyword(s):  
United States ◽  
Financial Incentive ◽  
Clean Energy ◽  
Spillover Effects ◽  
The United States ◽  
Government Procurement ◽  
City Government ◽  
Smart Meter ◽  
Energy Justice ◽  
Roll Out

This paper offers both theoretical and empirical analyses to explore energy justice from a policy perspective. We first propose a framework that explicitly connects core functions of clean energy policy instruments (i.e., regulation, financial incentive, government provision, information, and education program) to philosophical groundings of energy justice—distributive, procedural, and recognition justice. To empirically explore distributive energy justice, we examine the racial and socioeconomic disparities in three government-driven clean energy programs in the United States, including (1) the American Recovery and Reinvestment Act (ARRA) smart-grid investment grant (SGIG); (2) utility smart-meter roll out programs; and (3) city government adoption of green buildings. Results showed that the amount of ARRA funding awarded to utilities was closely related to racial composition. Inequalities were also found in utility smart-meter programs. Utilities operating in communities with a larger Hispanic population were less likely to initiate smart-meter roll out. The intensity of smart-meter technology implementation was positively correlated with education levels. Our third empirical case showed that government procurement policy can improve distributive equity for energy-efficient buildings. However, its spillover effects on the private sector can result in more adoptions in areas with fewer minorities and more highly-educated residents.

The Australia-United States Free Trade Agreement: Trade Trumps Indigenous Interests

2004 ◽  
Vol 111 (1) ◽  
pp. 34-45
Author(s):  
Justin Malbon
Keyword(s):  
United States ◽  
Indigenous People ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Biological Diversity ◽  
Trade Agreement ◽  
The United States ◽  
Government Procurement ◽  
Convention On Biological Diversity ◽  
The Face

This article argues that the Australia–United States Free Trade Agreement (AUSFTA) selectively recognises and affirms international conventions and agreements that promote the narrow economic self-interests of powerful groups. It does this whilst disregarding those international instruments — including the Convention on Biological Diversity and the UNESCO Universal Declaration on Cultural Diversity — that seek to recognise and promote the cultural and intellectual property rights of Indigenous people. Although AUSFTA does make some concessions for Indigenous interests by providing negative exemptions from the chapters dealing with trade in services, government procurement and investment, these concessions are relatively weak in the face of the Agreement's pursuit of free trade. Using the model of Chapter 19, which imposes positive obligations on the United States and Australia to promote environmental interests, it is proposed that future Australian FTAs should enunciate positive obligations for Australia's Indigenous people.

scholarly journals Assessment of the impact of COVID-19 on the development of small and medium-sized businesses

KANT ◽  
2020 ◽  
Vol 37 (4) ◽  
pp. 15-19
Author(s):  
Erik Avanesian
Keyword(s):  
United States ◽  
Real Estate ◽  
Business Model ◽  
The United States ◽  
Government Procurement ◽  
Financial Situation ◽  
New Business ◽  
The Cost ◽  
Taxation System ◽  
The Impact

The article discusses the specifics of the functioning of small and medium-sized enterprises in the context of the impact of the coronavirus pandemic. Analyzed the priority measures to support enterprises and organizations by the governments of European countries and the United States related to the COVID-19 pandemic. Own vision of the impact of the COVID-19 pandemic on the development of small and medium-sized businesses was proposed. The key measures have been identified that can improve the financial situation of small and medium-sized businesses after their release from quarantine: restructuring of debts and loans; postponement or discount in payment for rent of real estate; simplified taxation system to reduce the tax burden; reduction or temporary leave without payment of certain categories of personnel; restrictions on hiring new staff; compensation for the cost of the work of consultants who help the company find a new business model and not close; support for businesses moving online (benefits, direct assistance); government procurement to support small and medium-sized businesses.

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