Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists - on the grounds of inefficiency - and lawyers - on the grounds of free competition and international economic law.Buying Social Justice analyzes how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the USA, the UK, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analyzed.
Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.
|Publisher:||Oxford University Press|
|Product dimensions:||9.10(w) x 6.10(h) x 1.50(d)|
About the Author
Christopher McCrudden is Professor of Human Rights Law and Fellow of Lincoln College, University of Oxford
Table of Contents
1. What is this book about?
Part I: Preliminaries
3. Status Equality Law and Policy
4. International and European Procurement Regulation
5. Buying Social Justice?
Part II: The World Trade Organisation and procurement linkages
6. Contract compliance in the United States and Canada
7. Set-asides in the United States, Canada
8. Evolution of the Government Procurement Agreement and procurement linkages
9. Procurement linkages and developing countries
Part III: Equality Linkages and the European Community
10. Procurement linkages and the 1980s reform of EC procurement regulation
11. Domestic procurement linkages during the 1990s and the chilling effect of European procurement regulation
12. Changing approaches to procurement linkages in the Community and beyond
13. Expansion of equality linkages in the Member States
14. Procurement linkages and the 2003 legislative reforms: a modus vivendi in sight?
Part IV: Interpretation
15. Interpreting the Government Procurement Agreement
16. EC public procurement law and equality linkages: foundations for interpretation
17. European public procurement law and equality linkages, government as consumer, government as regulator
18. Empirical assessments of procurement linkages
Part V: Conclusions
19. Reconciling social and economic approaches to public procurement