Government Procurement International Regulation

Author: Xiao Beigeng
Publisher:
Publish Date: 2005-04-01
Features: International regulations on government procurement are an objective trend driven by the demands of trade liberalization in the context of economic globalization and the rapid development of transnational cyberspace. Previous responses from the theoretical community have focused on introductory analyses of the international procurement rules formed under this trend, without incorporating them into a theoretical perspective for deeper insight. Therefore, advancing theoretical research to greater depth can not only fill the gaps in theoretical studies but also hold significant practical value. A profound theoretical exploration of international regulations on government procurement must be grounded in an examination of their causes and evolution. This book begins with the concept itself, conducting multi-dimensional and multi-perspective analyses of government procurement from an international law perspective. Taking this analysis as a theoretical starting point, it provides an in-depth study of the causes and evolution of international regulations on government procurement, concluding that the transition from domestic fiscal and financial policies to international trade policies is the primary driver of international regulation. Additionally, the degree of trade liberalization shows a positive correlation with the development of international procurement regulations. When addressing international regulations on government procurement, factors such as the coordination of national sovereignty, national interests, and common interests must also be considered. The analysis of causes and evolution helps in grasping the general principles and future trends of international regulations on government procurement, while the discussion on the content and logical coherence of these regulations contributes to enriching international economic law theory and providing theoretical references for domestic legislation.
After analyzing the causes and evolution, this book focuses on the content of international regulations on government procurement, using the General Agreement on Government Procurement (GPA), the United Nations Commission on International Trade Law Model Law on Procurement of Goods, Works, and Services, the Guidelines for Procurement under Loans and Credits of the International Bank for Reconstruction and Development and the International Development Association, and the EU Procurement Directives as benchmarks.
Any legal regulation is carried out under the guidance of certain values and the establishment of specific principles. The logical starting point for content analysis is the value objectives and basic principles of international regulations on government procurement. Through analysis, it is concluded that the common value objectives of international regulations lie in the pursuit of trade liberalization and legal coordination, while the basic principles primarily include the principles of openness, fairness, transparency, and competition. After analyzing the value objectives and basic principles, the discussion on the scope of application becomes another important issue in international regulations on government procurement. Combining the principle of economic sovereignty, this book provides a comprehensive theoretical analysis of the scope of subjects, objects, and exceptions applicable to international procurement regulations. It argues that the scope of subjects primarily involves commitments made by member states and the definition of norms in terms of regulation methods; the scope of objects has evolved historically and tends to converge; while exceptions are generally the patterns for coordinating the procurement interests of member states with varying levels of market development.
The scope of application addresses the field of effect, and the effect refers to the efficacy of the rules. Subsequently, the book conducts a semantic and theoretical analysis of the core content of international regulations on government procurement—procurement methods and procedures. It concludes that open bidding, selective bidding, and limited bidding are the main procurement methods under international regulations on government procurement. Open bidding is unconditional, while selective and limited bidding are conditional, with specific conditions varying depending on the degree of restriction on trade barriers under the scope of regulation. Procurement procedures typically include bidding, tendering, evaluation, and the determination of the winning bidder. The EU Procurement Directives provide detailed regulations on this, while also uniquely regulating the advance notification of procurement plans before bidding.
After undergoing certain procurement procedures, the procuring entity must award government procurement contracts based on specific standards. Contract awarding is a critical in government procurement. The book then analyzes the procedures, standards, and forms and terms of contract awarding under international regulations, based on a theoretical exploration of the nature of government procurement contracts. It argues that the procedures for contract awarding typically include bid review, notification of review results, and contract conclusion. The EU Procurement Directives provide detailed regulations on the standards for contract awarding, while the forms and terms of contracts require consideration in conjunction with the domestic laws of member states.
Finally, the book provides a comprehensive analysis and discussion of the remedial systems. This discussion is grounded in the value orientation and mode selection of remedial systems. After theoretical analysis, the book focuses on the remedial system of the GPA, arguing that the challenge procedure is the core of the GPA’s remedial system, emphasizing the protection of third-party rights, which is a distinctive feature of the GPA’s remedial system. Subsequently, the book analyzes the characteristics of remedial systems under other international government procurement regulations, such as the EU Procurement Directives.