Model Behaviour? Anecdotal Evidence of Tension between Evolving Commercial Public Procurement Practices and Trade Policy

20 Pages Posted: 7 Nov 2002  

Steven L. Schooner

George Washington University - Law School

Christopher R. Yukins

George Washington University - Law School

Abstract

The international trade community increasingly focuses upon the purchasing practices of nation states. Developing nations and states seeking to improve their procurement systems expect to glean lessons from the evolution of procurement law regimes in developed nations, including the United States. To the extent that the U.S. procurement regime is perceived (at least by some) as a model, the global community has been intrigued by the United States government's efforts to adopt more commercial practices and buy more commercial items. Yet numerous impediments to a purely commercial public procurement model remain, because commercial practices are invariably less transparent, and raise troubling questions regarding competition and integrity. The paper thus sounds a cautionary note to developing states. Efforts to conform private sector models to government procurement regimes - no matter how efficient or practical - may prove inconsistent with the expectations of trade negotiators and could run contrary to the framework of the WTO's Government Procurement Agreement.

Keywords: public procurement, commercial purchasing, government procurement agreement, world trade organization (WTO), transparency, competition

JEL Classification: F13, H57, K12, K23, 019

Suggested Citation

Schooner, Steven L. and Yukins, Christopher R., Model Behaviour? Anecdotal Evidence of Tension between Evolving Commercial Public Procurement Practices and Trade Policy. International Trade Law and Regulation, Vol. 9, 2003. Available at SSRN: https://ssrn.com/abstract=346000 or http://dx.doi.org/10.2139/ssrn.346000

Steven L. Schooner (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-3037 (Phone)
202-994-5614 (Fax)

HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=1740%20

Christopher R. Yukins

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-9992 (Phone)

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