Aims of the module
The regulation of public procurement is a subject of increasing global importance. Some industrialised countries have
sophisticated systems of procurement regulation. Many of the developing countries and the countries in transition from
socialism are undergoing fundamental reform of their procurement systems. The module will thus be of interest to students of all
jurisdictions who wish to study an exciting and rapidly developing field of law.

This module examines the issues relating to the regulation of public procurement. Issues covered include the principal policies
underlying public procurement regulatory systems, the norms and disciplines of public procurement and how those norms and
disciplines are reflected in various legal and regulatory systems, the problem of corruption in public procurement, the
procurement policies of the World Bank and other international development institutions, the use of concession-type
arrangements and private finance as an alternative to traditional public procurement, judicial remedies and the role of bid
challenges in public procurement, and regulatory oversight of procurement. In addition, the course will cover the general trade
liberalisation objectives of such instruments as the World Trade Organisation Agreement on Government Procurement, the
European Community procurement directives and the North American Free Trade Agreement.

Objectives
This module provides an understanding of the subject of public procurement law. It also provides an introduction to the
problems of achieving commercial objectives in a governmental environment, and the role and limitations of legal regulation in
this process. It deals with the problems of providing the appropriate incentives to public bodies to promote efficient
expenditure of scarce public resources in the presence of soft budget constraints. The module also seeks to develop general
analytical skills and critical thinking skills.

Syllabus
This outline is tentative. Some of the subjects identified below will not be covered, and other subjects may be added.

1. Introduction

What is "Procurement"?
The major initiatives, such as the UNCITRAL Model Law and other instruments.
How and why is "public procurement" different from "commercial contracting"?
Distinguishing procurement from government provision of goods and services.

2. The Core Disciplines of Public Procurement

A step-by-step examination of the procurement process, from procurement planning to contract award.

The major questions and issues relating to the procurement process, including discussion of methods of procurement and
competition requirements.

3. Concession-Type Arrangements and Private Versus Public Finance

Build-operate-transfer (BOT), build-operate-own (BOO) and other methods of involving private finance in the provision of
infrastructure and services.

Private finance in industrialised nations such as the UK and the US, and concession-type arrangements in developing and
transitioning countries.

4. Preventing Corruption in Public Procurement

Legal and economic issues

The methods of prevention

5. Procurement Policies of the World Bank and International Development Institutions and Procurement in
Developing Countries

The role of procurement in the lending operations of development banks.

The major issues related to procurement for development and aid delivery.

6. Remedies and Enforcement

Internal and external enforcement.

The role of courts in procurement regulation.

Audits, investigations, inquiries.

Dispute resolution.

7. International Trade Liberalisation and Public Procurement

The major international trade liberalisation instruments.

The transparency objectives of international trade instruments.

The WTO Agreement and its limitations.

The significance of protectionism that pervades public procurement markets.