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The Internationalization of Government Procurement Regulation$
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Aris C. Georgopulos, Bernard Hoekman, and Petros C. Mavroidis

Print publication date: 2017

Print ISBN-13: 9780198796749

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780198796749.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 January 2022

The Government Procurement Agreement, the Most-Favored Nation Principle, and Regional Trade Agreements

The Government Procurement Agreement, the Most-Favored Nation Principle, and Regional Trade Agreements

Chapter:
(p.111) 4 The Government Procurement Agreement, the Most-Favored Nation Principle, and Regional Trade Agreements
Source:
The Internationalization of Government Procurement Regulation
Author(s):

Kamala Dawar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198796749.003.0005

This chapter examines the nature and application of the most-favored nation (MFN) principle under the WTO Agreement on Government Procurement (GPA), and the General Agreement on Trade in Services (GATS), with specific reference to RTAs with procurement market access commitments. Under the GPA, the MFN principle is based on strict reciprocity and a conditional MFN requirement. Furthermore, any access to procurement markets for services is conditioned and constrained by GATS schedules and by the application of the MFN principle operating within the GATS. The chapter questions whether the WTO legal framework and method of negotiating procurement provisions works against the wider objectives of the WTO. It tests this hypothesis by examining the procurement commitments set out in selected RTAs signed between GPA parties, between a GPA party and non-GPA party, and those signed between non-GPA parties.

Keywords:   procurement, MFN, WTO GPA, GATS

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