Module Identifier LAM0220  
Academic Year 2000/2001  
Co-ordinator Mr John Linarelli  
Semester Intended For Use In Future Years  
Next year offered N/A  
Next semester offered N/A  
Course delivery Seminar   2 Hours Materials will be assigned for reading the week before a seminar. All students are expected to come to seminars prepared to discuss the readings. Student participation is essential.  
Assessment Exam   2 Hours   66%  
  Essay   one essay of no more than 3,000 words Students will be given a choice of whether to answer essay questions provided, or to come up with their own topic for research. Independent research is encouraged and valued.   33%  

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.

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.

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.

Reading Lists
Sue Arrowsmith, John Linarelli & Don Wallace Jr,. Regulating Public Procurement: National and International Perspectives. Kluwer Law International 1999
Arrowsmith,. The Law of Public and Utilities Procurement.
Arrowsmith (ed.),. Remedies for Enforcing the Public Procurement Rules Arrowsmith,. Civil Liability and Public Authorities
Cibinic & Nash. Formation of Government Contracts.
Cibinic & Nash. Competitive Negotiation: The Source Selection Process.
Cox,. Public Procurement in the EC: the Single Market and the Enforcement Regime After 1992.
Digings and Bennett,. EC Public Procurement Law.
Fernandez Martin,. The EC Public Procurement Rules.
Geddes,. Public Procurement.
Hoekman & Mavroidis (eds.),. Law and Policy in Public Purchasing: The WTO Agreement on Government Procurement.
Kovacic & Whelan,. Cases on Federal Government Contracts.
Lee,. Public Procurement.
Trepte. Public Procurement in the EC.
Turpin. Government Procurement and Contracts.
Weiss,. Public Procurement in European Community Law.
The library also has the Public Procurement Law Review, a journal on the subject..