How Ready Is Indonesia to Open Government Procurement à la TPP?

2019 ◽  
pp. 441-458 ◽  
Author(s):  
Wahyuni Bahar ◽  
Joseph Wira Koesnaidi

Government procurement is an important area of economic regulation in every nation, and free trade and comprehensive economic agreements are becoming central venues for adopting procurement standards. Based on arguments for efficient government spending on goods and services, opening commercial opportunities for local firms abroad, and larger concerns of social protection and policy pursued through procurement decisions, countries like Indonesia now need to consider whether they are ready to go down this path. This chapter analyzes in some detail the requirements of the World Trade Organization (WTO)’s Government Procurement Agreement and similar provisions of the Trans-Pacific Partnership (TPP) to assess which reforms, and political choices, Indonesia would need to make to bring its current system into compliance with these international norms. It argues that the costs, benefits, and challenges must be carefully weighed and counsels for a cautious and phased-in opening.

2021 ◽  
pp. 162-164
Author(s):  
Marie-Claire Cordonier Segger

This chapter briefly discusses the observation that sustainable development is now firmly embedded in the World Trade Organization (WTO) legal regime, as an objective, but the implication for this commitment remains contested as WTO members have differing views on sustainable development. Beyond the recognition of the interpretive value as part of the ‘object and purpose’ of the WTO Agreements, there has been little progress to date at the global level in finding and agreeing on specific mechanisms by which integration of environmental and social development priorities might be secured at the WTO. There is also very little space for actual cooperation on trade-related aspects of environmental or development law and policy, addressing the second tension detailed in Sections 1 and 2, and there is as yet very little progress in enhancing trade in more sustainable goods and services, though Doha negotiations continue. The chapter also discusses how it is not yet clear, in the WTO, what specific provisions and measures could be enacted to use trade to actually support sustainable development, or what additional cooperation might be undertaken by the WTO on trade-related environmental concerns, or on trade-related social issues.


2012 ◽  
Vol 15 (1) ◽  
pp. 103-118
Author(s):  
Jacek Hibner

Due to the rapidly growing use of the Internet, the development of electronic commerce (defined by the World Trade Organization as “the production, distribution, marketing, sale or delivery of goods and services by electronic means”1) has become one of the key aspects of today’s sustained growth. It influences productivity, facilitates the international movement of goods and services, and stimulates export and import trade. The European Union, as well as many multinational organisations, is working towards the harmonisation of their rules, and to facilitate and streamline this kind of international exchange. In this article, the author presents selected documents on electronic commerce published by the United Nations Commission on International Trade Law, the World Trade Organization, the Organisation for Economic Cooperation and Development, the International Chamber of Commerce and the European Union since 1994.


2015 ◽  
Vol 15 (1) ◽  
pp. 93-116 ◽  
Author(s):  
Daniel J. Cook

Much of the literature on China's ongoing attempts to accede to the World Trade Organization (“WTO”) Agreement on Government Procurement (“GPA”) focuses on which Chinese entities will ultimately be covered by the Agreement. While coverage issues are, no doubt, important, this paper argues that China will face an even greater number of challenges when implementing and harmonizing the requirements of the GPA with its own domestic procurement laws. In particular, the GPA's Article XVIII requirement for an effective domestic review mechanism may be especially difficult for China to achieve. In light of these challenges, this paper argues that current GPA members should address problems with China's domestic legal framework for procurement now, not look to the domestic review device to resolve problems after accession.


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