Aspects of International Public Procurement Regulation

The public procurement market is classified as one of the most important segments of the world economy with share of 7-18%in the world GDP.The importance of this segment leads to continuous liberalization.Despite the existing legislative framework,the share of cross-border public procurement remains limited due to several obstacles including discrimination in public procurement that was raised by governments as one of the non-tariff barriers to international trade.Surveys of the European Commission or the European Bank for Reconstruction and Development(EBRD)indicate that there are many other obstacles to entry to international public procurement markets.These obstacles are discussed in the first chapter of this article.The goal of this paper is to review aspects of international public procurement regulation and find ways of eliminating the obstacles through this regulation.Therefore,the second,third,and fourth chapters of the paper analyse the WTO Government Procurement Agreement(GPA),the United Nations Commission on International Trade Law(UNCITRAL)Model Law on Public Procurement,and the role of regional trade agreements.

The Governance of Cross-Border Data Flows in Trade Agreements:Is the CPTPP Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.

International Trade Norms in the Age of Covid-19 Nationalism on the Rise?

Simultaneous with the rise of trade protectionism in the twenty-first century has been a resurgence in nationalist politics,most notably in the USA,the UK,and parts of the EU.These developments in international and US trade policy,including Washington’s launch of a full-fledged trade war against China in March 2018,have converged disastrously with the outbreak of the novel coronavirus in November 2019 and the onset of a worldwide pandemic.Given the status of the USA as the world’s hegemon since 1945,what is new here is the effort of the Trump administration to abdicate US leadership,-jettison longstanding alliances,and turn back the clock on the country’s close integration with the world economy.Already,greatly reduced flows of goods,services,and people have translated into radically reduced global growth,widespread business disruptions,and high unemployment.Remarkably,the White House has refused to recognize the severity of the pandemic and has undermined the precautions of the US science community.We argue that these multiple shocks constitute a major critical juncture on par with what the world community faced in 1945.However,in the twenty-first century we have seen that high levels of economic uncertainty and political instability have superseded the long-held notion that international interdependence would pull the world community through tough times such as these.Could the triple whammy of a destructive trade war,deadly pandemic,and secular decfine of US leadership trigger a new generation of policy innovation and institution building on par with the post-1945 era?In terms of the global trade regime,it would be difficult to imagine a buoyant recovery of the world economy in the absence of a serious reckoning with the pattern of norm erosion that we identify here.