Study On The Non-Discrimination Principle Exception Of WTO’s "Government Procurement Agreement"

The difference between Government procurement and common procurement is the policy function it has. Government procurement not only needs to improve the efficiency of financial capital, but also needs to achieve the policy objectives of protecting national industrial development. Although GPA non-discrimination principle requires competition of international trade liberalization and forbids the discrimination of foreign products and suppliers, however, excessive pursuit of trade liberalization will lead to unfair in essence. In terms of GPA, it provides space for many exceptions while it stipulates the principle of non-discrimination provisions, such as public interest and the special treatment provisions of developing countries. Therefore, actively looking for exceptional space of GPA non-discrimination principle so as to legally implement a secondary policy is critical to China who is going to join GPA.Selecting GPA non-discrimination principle as the research object, this paper is divided into three parts. The first part explains primarily the conception of GPA non-discrimination principles and its exceptions, analyzing the effect of government procurement trade barriers and the motives of protecting domestic industries, exploring the exceptional applicable value of non-discrimination and the possibility of implementing secondary policy. The second part analysis concretely the escape clause of GPA non-discrimination principle and makes a careful and comprehensive sorting out study about various exceptions, seeking the basis of international law for China to join GPA to implement the secondary policies. The third part explores the implications of GPA non-discrimination exceptions for China. According to legal analysis of exceptions as above, learning the advanced experience of developed countries, which provides guidance for the negotiations of China to join GPA and improve the domestic law.