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Public Procurement and Labour Rights: Towards Coherence in International Instruments of Procurement Regulation

Public Procurement and Labour Rights: Towards Coherence in International Instruments of Procurement Regulation

Author: Maria Anna Corvaglia
Publisher: Hart Publishing
ISBN: 9781782259039

Published In: September 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509935185

List Price: HKD 1,235.00

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Description
Contents

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This book examines the complex issue of whether there can be an international architecture for public procurement, through the prism of labour law and policy.

In particular it is concerned with the fragmentation of the international framework of procurement law into regulatory models that develop independently and that follow different mechanisms for the inclusion of labour policy and labour law.

The work offers an innovative comparative approach, discussing the ways in which the different international regulatory models are able to implement (aspects of) labour rights with the available procurement instruments. Scholarly, rigorous and timely, this will be important reading for all international trade lawyers.

Introduction

I. General Overview

II. Premise and Scope of the Study

III. Comparative Research Framework and Methodology

IV. Structure of the Research

1. International Regulatory Framework of Public Procurement: From Fragmentation to Coherence

I. Introduction

II. The Challenges of Fragmentation in International Economic Law

III. Fragmentation in the International Regulatory Architecture of Public Procurement

IV. From Fragmentation to Coherence in the International Framework of Procurement Governance

V. Conclusions

2. Unpacking the Use of Public Procurement to Achieve Social and Labour Policies

I. Introduction

II. Framing the Instrumental Use of Public Procurement for Social and Labour Purposes

III. The Social and Labour Dimension of Public Procurement

IV. The Procedural Mechanisms Behind the Social and Labour Use of Public Procurement

V. Public Procurement and the Challenges of Assuring Social and Labour Policies Along the Supply Chain: The Roles of Social Certifications, Standards and Labels

VI. Conclusions

3. The Admissibility of the Inclusion of Social and Labour Rights Under the WTO Procurement Regulatory Framework

I. Introduction to the Social Dimension of Public Procurement in the WTO Regulation Framework

II. The WTO Institutional Framework for Public Procurement

III. The Objective of the GPA: The Principle of Non-Discrimination

IV. The Flexibilities in the Revised GPA: Derogations and Exceptions for Discriminatory Procurement Practices

V. The GPA Regulation of the Award Procedure

VI. Conclusion

4. The EU Public Procurement Framework: The Internal Market and Socially Responsible Procurement

I. Introduction to the EU Public Procurement Regime and Social Rights

II. The Completion of the EU Internal Market and Fundamental Regulatory Principles

III. Internal Market Economic Freedoms and Regulatory Autonomy in Public Procurement Under the EU Treaties

IV. The Enforcement of Social and Labour Policies under the 2014 EU Directives on Public Procurement

V. Conclusions

5. Social and Labour Considerations in Non-Trade International Instruments of Procurement Regulation

I. Non-Trade Instruments of Procurement Regulation: The UNCITRAL Model Law and the World Bank

Guidelines

II. The UNCITRAL Model Law on Procurement of Goods, Construction and Services

III. The World Bank Procurement Framework and the Achievement of Social and Labour Concerns

General Conclusions

(A) Fragmentation—International Regulatory Instruments with Conflicting Regulatory Objectives

(B) Implementation of Social and Labour Policies in the Procurement Process

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