Books Published by PPRG Members

The WTO Regime on Government Procurement Challenge and Reform CUP

Edited by Sue Arrowsmith (University of Nottingham) and Robert D. Anderson (World Trade Organization) Hardback (ISBN: 9781107006645)

Available from April 2011 at http://www.cambridge.org/gb/knowledge/isbn/item6006765

Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

Public Procurement Regulation: an Introduction

Sue Arrowsmith (2011)

EU Public Procurement Law: an Introduction

Edited by Sue Arrowsmith (2011)

Self-Cleaning in Public Procurement Law

Carl Heymanns, Edited by Hermann Pünder, Hans-Joachim Prieß and Sue Arrowsmith Hardcover (ISBN-13: 978-3-452-27224-9)

Available from 2010 (see http://shop.wolterskluwer.de/wkd/shop/shop,1/self-cleaning-in-public-procurement-law,978-3-452-27224-9,carl-heymanns-verlag,,8044/ )

One of the key issues of current debate in public procurement is the extent to which self-cleaning can constitute a defence to exclusion or debarment from public procurement for misconduct. This concept of self-cleaning refers to the cleansing of the company to rid itself of all the influences and structures that led to the misconduct and to ensure that is not repeated. This new book, edited by Professor Hermann Punder, Professor Sue Arrowsmith and Hans-Joachim Priess, examines the concept of self-cleaning and its application in public procurement systems through a study of a number of jurisdictions, including Austria, Germany, Italy, Mexico, Israel and the USA.

Reform of the UNCITRAL Model Law on Procurement: Procurement Regulation for the 21st Century

Edited by Sue Arrowsmith (Paperback (ISBN-13: 9780314904652). Available from March 2009. (To order, see http://west.thomson.com/productdetail/154336/40805025/productdetail.aspx )This new book edited and co-authored by Sue Arrowsmith examines different approaches to regulating “new” issues in public procurement, focusing on those areas addressed in the current review of UNCITRAL’s Model Law on procurement.

The Model Law on the Procurement of Goods, Construction and Services of UNCITRAL (the United Nations Commission on International Trade Law) was adopted in 1994, and provides a template for countries to use in developing and reforming their regulatory systems for public procurement. One of the most successful of UNCITRAL’s instruments, this Model Law has been used in numerous states worldwide as the basis for legal reform. In 2003 UNCITRAL launched a project to revise the Model Law. This  aims to update the Model Law to take account of new practical developments, drawing on the early experiences of states in dealing with these new developments. In particular, it is proposed to include extensive new provisions on electronic means in procurement, on the conduct of electronic auctions, and on framework agreements. In addition, existing provisions of the Model Law will be revised in light of experience so far in operating its provisions. In this regard, important changes are anticipated to some of the Model Law’s key provisions, such as those on bid evaluation and supplier remedies. The revision process is expected to be complete in the summer of 2009.

Sue Arrowsmith’s new book examines and illuminates the proposed revisions to the Model Law through, first, an examination of the proposed revisions themselves and, secondly, a series of case studies on how the key new areas - electronic means in procurement, electronic auctions, and framework agreements – have been treated in various national and international procurement systems. The case studies have been chosen based on several considerations, in particular the extent to which they reflect different approaches to regulation and practice; the need to consider countries with different legal traditions; the desire for a perspective from both developed and developing countries; the depth and breadth of experience that different jurisdictions provide; and the influence that various systems have had on the Model Law revisions.

Entitled Procurement Regulation for the 21st Century: Reform of the UNCITRAL Model Law on Procurement, the book will be published by West in early 2009. A well as chapters authored and co-authored by Professor Arrowsmith, the book includes contributions from Caroline Nicholas of the UNCITRAL Secretariat and from other renowned legal scholars and practitioners from around the world.

Social and environmental policies in EC procurement law: new directives and new directions

Cambridge University Press

Edited by Sue Arrowsmith, Peter Kunzlik (Hardback (ISBN-13:9780521881500)

Available from February 2009. (To order from UK/Europe see:

http://www.cambridge.org/uk/catalogue/catalogue.asp?isbn=9780521881500

For the US see:

http://www.cambridge.org/us/catalogue/catalogue.asp?isbn=9780521881500

The book also contains four extensive introductory chapters by the editors, which both expound a theoretical framework for analyzing the legal and policy issues, and offer a detailed and critical analysis of the current state of the law.

Contents

Chapter 1 – Horizontal policies under the EC procurement rules: the context(Professor Sue Arrowsmith, Professor of Public Procurement Law, University of Nottingham and Professor Peter Kunzlik, Professor and Pro-Vice Chancellor, City University)

Chapter 2 – EC regulation of public procurement (Professor Sue Arrowsmith and Professor Peter Kunzlik, Professor and Pro-Vice Chancellor, City University)

Chapter 3 – A taxonomy of horizontal policies in public procurement (Professor Sue Arrowsmith)

Chapter 4 – Application of the EC Treaty and directives to horizontal policies: a critical review (Professor Sue Arrowsmith)

Chapter 5 - The impact of the EC state aid rules on horizontal policies in public procurement Dr. Hans-Joachim Priess; Partner, Freshfield Bruckhaus Deringer, Berlin.

Chapter 6 – EC public procurement law and equality linkages: foundations for interpretation (Professor Christopher McCrudden; Lincoln College, University of Oxford)

Chapter 7 - Disability issues in public procurement (Rosemary Boyle, University of Cambridge Legal Service)

Chapter 8 - The legality of SME-development policies under EC procurement law (Nick Hatzis, City Law School)

Chapter 9 – The procurement of “green energy” (Professor Peter Kunzlik)

Chapter 10 - Eco-labels under the new directives (Dan Wilsher, City Law School)

Chapter 11 - Corporate Social Responsibility in the utilities sector and the EC procurement regime: a framework for debate (Professor Sue Arrowsmith and Colin Maund, Chief Executive, Achilles Information)

Chapter 12 - Co-ordinating public procurement to support EU objectives- a first step? The case of exclusions for serious criminal offences (Sope Williams, University of Nottingham

Sue Arrowsmith, The Law of Public and Utilities Procurement (Sweet & Maxwell, 2005, 2nd ed.)

Sue Arrowsmith, Government Procurement in the WTO (Kluwer Law International: The Hague, 2003

Sue Arrowsmith and Keith Hartley, Public Procurement (Edward Elgar, 2002

Sue Arrowsmith, with John Linarelli and Don Wallace, Regulating Public Procurement: National and International Perspectives (Kluwer International, 2000)