European Union Law After Maastricht:Practical Guide for Lawyers Outside the Common Market


Book Description

The emergence of Europe as a unified trading block has profound implications for those who do business with European countries. European Union Law is written for lawyers and business professionals who require information about the changes that are taking place as a result of the unification process in the member states of the European Union. Unlike other materials on Europe, this book is written primarily for lawyers outside the EU. The book serves three important functions: It provides a comprehensive introduction to European law, law-making institutions and dispute settlement mechanism It presents European legal regimes for the general areas which are relevant to foreign lawyers, including corporate law, environmental regulation, securities regulation, antitrust law, mergers and acquisitions, licensing, product liability, and dumping It examines the European regulations of some important specific industries such as broadcasting and telecommunications. The editors and authors of this work are among the most prominent academic and professional authorities in the area of European Law. This book is the single most useful reference tool for those in need of current European Union information.




Reforming Public Procurement Law


Book Description

This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.




An Architect's Guide to Public Procurement


Book Description

There is suspicion in the UK and across Europe that the upcoming introduction of new European Directives will encourage a regime of conservatism and legal risk aversion, fostering the delivery of mediocre and banal building design. This book dispels these myths and instead looks at the genuine impact of EU law on architectural practice. Engaging in public sector work requires a broad understanding of this seemingly complex and constantly evolving subject, and unlike other texts, the book is designed to explore public procurement from the perspective of the architect. An easy to follow guide through the complex legal and technical jargon involved in the procurement process, the book provides practical tools which will assist architects in developing their own, clear procurement strategy. Although written with a UK audience in mind, the advice will also be applicable to other European jurisdictions. It is invaluable reading for existing practitioners wishing to expand their current involvement in the public procurement process, as well as those encountering it for the first time.




The Economics and Law of Public Procurement


Book Description

Public procurement makes up a significant part of national economies: 10–25% of gross domestic product (GDP), depending on the country. Appropriate laws and regulations are an essential tool to direct the action of procurers towards the public good and avoid corruption and misallocation of resources, while at the same time sustaining progress and social goals. The original approach of this book combines juridical, economic, and technical expertise to find common terrain and a common language in order to debate the specific issues that affect public administrations across the world that need advancing and modernizing. The book features contributions across four specific themes of interest to the procurer’s day-to-day job in modern public purchasing organizations: preferences and political economy in public procurement, climate change, defence procurement, and human rights in public procurement. The aim is to let the new emerging trade-offs between competition and sustainability emerge, highlighting at the same time the possible synergies between the relevant policy objectives. The book takes into account sectoral specificities, reinforced by recent global events such as wars, natural disasters, and populism. The unique format features in each section an interdisciplinary debate between two experts across different disciplines who deliberate and engage one another so as to improve the mutual understanding across disciplines, followed by two additional contributions. This book will be of interest to scholars, researchers, and policymakers worldwide.




State and Enterprise


Book Description

This book addresses the regulation of the State/Enterprise relationship in the framework of international economic context. It analyzes this relationship from the discrete perspectives of conflict, cooperation, and integration in contributions by authors representing a diverse range of legal cultures and political backgrounds. The topic is investigated following three approaches: • State versus Enterprise (the State which bans, restricts, or regulates the activities of Enterprises, both domestic and foreign);• Enterprise versus State (the Enterprises, main actors of commercial, industrial or financial initiatives, which may directly or indirectly affect the legal and economic structure of the State);• State as Enterprise and Enterprise as State (public Enterprises under political control that pursue geopolitical goals, and Enterprises that rely on the political, financial, and strategic support of the State for their business expansion). Furthermore, the volume includes a special focus on the relationship State/Enterprise in non-capitalist economies (China, Russia, and Cuba).




Public Procurement and Labour Rights


Book Description

This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.




The International Application of FIDIC Contracts


Book Description

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. The International Application of FIDIC Contracts: A Practical Guide provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used. This book is essential reading for construction professionals, lawyers and students of construction law.




FIDIC Contracts in the Americas


Book Description

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.




Public Procurement


Book Description

In many countries and sectors, public procurement is developing from a functional orientation to an effective socio-economic policy lever. There is a great interest among managers and academics to learn from other countries’ and other sectors’ change initiatives and how they dealt with the challenges they encountered. This text provides such learning opportunities, presenting case studies of public procurement, covering diverse nations, sectors and issues. The cases are combined with editorial commentary and contextualizing chapters to assist the student reader in understanding this complex topic. The text combines descriptions of cases of public procurement with cross case analysis to draw out the key dimensions to enable further examination of the central themes. Each case study concludes with three questions to aid its use as a teaching and training text. Edited by a team of internationally recognised experts in the field this innovative text illustrates the strategies and innovations within public procurement on a global scale and highlights common problems that all countries encounter. Public Procurement is vital reading for anyone with an interest in this topical area.




Public Procurement Law


Book Description

Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.