The World Trade Organisation (WTO) and public contracts

Type :

Presentation

Pages :

9 pages

Format :

.doc

Published date :

01/13/2009

Category :

Political science

Sub category :

International relations

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Summary :

Introduction.
WTO regulation over domestic rules.
1. The legitimacy of this regulation.
2. The role of GATT.
3. Central government entities and local administrations.
The enforcement of the agreement.
1. The report of the panel.
The WTO principles.
Promoting fair competition.
The Government Procurement Agreement.
1. The coverage of the agreement.
Requirements about the procedural aspects of public contracting.
Modalities of transmission.
The non-economic exclusions.
Regulation of public contracts.
The enforcement provisions: Analysis.
Conclusion.
Bibliography.

Abstract

The world trade Organization aims at ensuring "harmony, freedom, equity and security" in trading activities. The organization has the institutional means to control the compatibility of national policies to its requirements. From financial to commercial items, all fields of legislation that are linked with economic openness are being watched by the wto. Thus it is not surprising that the organization produces some rules that target administrative law. Among it, public procurements regulation offers an interesting example of the penetration of domestic rule by international standards. A contract is public when a public authority contracts with a private actor or with another public authority. Traditionally, countries have tended to defend national interests by adopting attitudes of protection against foreign participation into public contracts. Whether it be through legislation or de facto practice, administrations have managed to limit the access to procurements or to choose arbitrarily among competitors. Nowadays such national reflexes are relatively inefficient. Globalization, which can be defined as the process of greater inter-connection of international actors on a global scale, clearly changes the way contracts are passed.