I’ve expanded on the ideas across the multi-layered regulation of procurement-related commerce liberalisation on this new working paper: The rising thicket of multi-layered procurement liberalisation between WTO GPA events, as evidenced in post-Brexit UK. The summary is as follows:
The World Commerce Organisation Authorities Procurement Settlement (GPA) has created essentially the most complete plurilateral system for procurement-related commerce liberalisation. Nevertheless, there was a proliferation of free commerce agreements (FTAs) regulating public procurement liberalisation, together with between GPA events, which search to bypass or transcend the GPA on a bilateral foundation, or with a extra restricted plurilateral remit. Such FTAs are likely to comply with a ‘GPA+’ method to offer incremental commerce liberalisation primarily based on the substantive provisions of the GPA. Nevertheless, there’s a development of substantive deviation between the GPA regulatory baseline and the FTA regulation of essential points, such because the nationwide therapy obligation or entry to treatments, together with in FTAs involving the European Union or, just lately, its former Member State, the UK. This creates a scenario of potential battle of treaty norms that has up to now acquired restricted consideration. This text focuses on the decision of conflicts between GPA and FTA substantive provisions below the 1969 Vienna Conference on the Regulation of Treaties, utilizing the UK’s post-Brexit FTAs as a case research. It argues for a rationalisation of the system by extending the usage of incorporation by reference of the GPA in FTAs involving GPA events.
As at all times, suggestions and any strategies for enchancment earlier than closing publication can be most welcome. The paper could be freely downloaded by way of SSRN: https://ssrn.com/summary=4054711.