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12 - Market access for the government procurement of services: comparing recent PTAs with WTO achievements

Published online by Cambridge University Press:  05 December 2011

Robert D. Anderson
Affiliation:
WTO Secretariat
Anna Caroline Müller
Affiliation:
Barrister/Solicitor in training, Oberlandesgericht Dusseldorf, Germany
Juan A. Marchetti
Affiliation:
World Trade Organization
Martin Roy
Affiliation:
World Trade Organization
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Summary

The treatment of services in preferential trade agreements provides an important point of comparison with their treatment in the multilateral trading system. Recently, several studies have examined aspects of the treatment of services in PTAs. These analyses have provided insights into a number of important questions: (a) To what extent are countries willing to make broader and deeper commitments regarding services liberalization in PTAs as compared to the GATS? (b) Why is this so? (c) What costs does the proliferation of such commitments entail? (d) Can such commitments serve as building blocks for multilateral liberalization, or are they more likely to undermine it? An important related question concerns possibilities for the eventual multilateralization of commitments on services liberalization in PTAs (Baldwin, Evenett, and Low, 2007).

To date, analysis of the treatment of services in PTAs has focused on provisions governing trade in services that are purchased by private entities. These provisions are important in their own right and provide a logical point of comparison with the treatment of services in the GATS. The focus on commercial trade in services overlooks another important component of services trade, however, namely the government procurement of services. To the extent that it is regulated by PTAs, government procurement is usually governed not by the general services provisions of such agreements, but by their provisions on the government procurement of services and goods.

Type
Chapter
Information
Opening Markets for Trade in Services
Countries and Sectors in Bilateral and WTO Negotiations
, pp. 435 - 474
Publisher: Cambridge University Press
Print publication year: 2009

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References

Anderson, Robert. 2007. “Renewing the WTO Agreement on Government Procurement: Progress to Date and Ongoing Negotiations,” Public Procurement Law Review, 4: 255–73.Google Scholar
Anderson, Robert, and Evenett, Simon. 2006. “Incorporating Competition Elements Into Regional Trade Agreements: Characterization and Empirical Analysis,” paper prepared for the Inter-American Development Bank and World Trade Organization project entitled “Regional Rules in the Global Trading System.”
Anderson, Robert, Müller, Anna, and Osei-Lah, Kodjo. 2008 forthcoming. Government Procurement Provisions in Recent Regional Trade Agreements: Characterization, Prevalence and Main Approaches, mimeo.
Arrowsmith, Sue. 2003. Government Procurement in the WTO, The Hague: Kluwer Law International.Google Scholar
Baldwin, , Richard, Simon Evenett, and Low, Patrick. 2007. “Beyond Tariffs: Multilaterising Deeper RTA Commitments,” paper presented at the conference “Multilateralizing Regionalism,” organized by the World Trade Organization and the Graduate Institute of International Studies, Geneva, September 11.
Blank, Annet, and Marceau, Gabrielle. 1996. “The History of the Government Procurement Negotiations Since 1945,” Public Procurement Law Review, 5: 77–147.
Fink, Carsten, and Jansen, Marion. 2007. “Services provisions in regional trade agreements: stumbling or building blocks for multilateral liberalization?” paper presented at the conference “Multilateralizing Regionalism” organized by the World Trade Organization and the Graduate Institue of International Studies, Geneva, September 10.
Hockman, Bernard, and Braga, Carlos Primo. 1997. Protection and Trade in Services: A Survey, Policy Research Working Paper no. 1747, World Bank, Washington, DC.
Low, Patrick, Mattoo, Aaditya, and Subramanian, Arvind. 1997. “Government Procurement in Services,” in Bernard Hoekman and Petros Mavroidis (eds.), Law and Policy in Public Purchasing: The WTO Agreement on Government Procurement, Ann Arbor: University of Michigan Press, 225–42.Google Scholar
Müller, Anna. 2007. “MFN Clauses in International Economic Law and their Application to the Administration of Justice,” unpublished thesis, Graduate Institute of International Studies, Geneva.
Roy, , Martin, Juan Marchetti, and Lim, Hoe. 2007. “Services Liberalization in the New Generation of Preferential Trade Agreements: How Much Further than the GATS?” World Trade Review, 6(2): 155–92.
,WTO. 2004a. Government Procurement-related Provisions in Economic Integration Agreements, Note by the Secretariat S/WPGR/W/49, Geneva: World Trade Organization.
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