Research On The Coverage And Scope Of Government Procurement Agreement

As a too to interfere with economy, government procurement has always beenemployed by government to stimulate national economy. Anyway, this function will notbe here without effective protection for domestic suppliers, which will inevitably give riseto conflicts among nations. WTO Government Procurement Agreement has been formulated with an intention toprovide a uniform rule for different nations. It can't be denied that the agreement itself isfar from being perfect with much room for improvement. This essay explored someaspects of the coverage and scope of the agreement. The whole essay consists of 4 chapters. The concept and features of governmentprocurement are explained in chapter one. In the absence of a unified concept worldwidely, different nations and international organizations are defining governmentprocurement on such basis as the source of fund, procuring entity and purposes ofprocurement. A comparative study has been conducted in chapter two. The related points have beenbrought together from North America Free Trade Agreement, the Model Law onProcurement of Goods, Projects and Service ,and some other international agreements. Chapter three focuses on the coverage and scope of WTO Government ProcurementAgreement. The entities and objects listed on Annexes are to be regulated by theagreement. As far as the entity coverage is concerned, some entities that ate not listed onthe Annex may also be thought to be within the coverage of the agreement due to its 3linkage to some listed entities. The question that whether international treaties are bindingto sub-central government should be answered according to different situations. Theagreement is not in the position to regulate the procurement of privatized public entity.The problem is what constitutes the privatization here. In this chapter, some other issueshave also been dealt with, such as the rule of origin and mixed contract. In the last chapter, this essay points some measures that should be taken to safeguardthe national interests of our country while fully performing the obligation under theagreement.