In the Name of Public Procurement Liberalisation: The Interaction Between the WTO’s Government Procurement Agreement and International, Regional and Domestic Instruments – Three Shades of Synergy

Abstract

Public procurement liberalisation under the WTO’s Government Procurement Agreement (GPA) is a gradual and evolving process. In parallel with this process, however, the interests of public procurement liberalisation are also served through the interaction of the GPA with other international, regional and domestic instruments. The paper presents and analyses three such instances of synergy created as a result of this interaction, all of which assist in the better application, implementation and enforcement of the principles proclaimed and the provisions enshrined under the GPA. First, the principles, standards and procedures of the GPA are promoted through a number of international and regional texts, including model laws and soft law instruments. Second, the successful enforcement of GPA relies on the remedies systems available under domestic legal orders. Third, the possible improvement of the remedies system under the GPA may be inspired by similar templates offered under other international and regional systems. Against this background, the paper concludes by remarking that the end goal of public procurement liberalisation relies on the synergies generated from the dialogue and interaction between the actual text of the WTO’s GPA and the relevant international, regional and domestic instruments and does not necessarily rest on the concessions achieved in the context of the WTO’s GPA itself.