PUBLIC PROCUREMENT

RESEARCH GROUP NEWSLETTERSpring 2009

Director:Professor Sue Arrowsmith

Deputy Director:Ping Wang

The 2007-2008 PPRG

Stop PressPublic Procurement: Global Revolution IV

The date for this major international conference, which will be funded under the EU’s Asia Link programme, has just been set at April 19-20th 2010. For up to date details see http://www.nottingham.ac.uk/law/pprg/

CIPS Honours Professor Sue Arrowsmith

The Chartered Institute of Purchasing and Supply has honoured Professor Sue Arrowsmith twice in 2007. First, Professor Arrowsmith was awarded the 2007 Swinbank Medal. This prestigious Medal, instituted in 1950, is awarded for thought

leadership and innovation in the purchasing and supply profession. The award was presented by the CIPS President, Gerry Walsh, at the celebrations for the 75th Anniversary of the CIPS. According to the citation, the Medal has been awarded in recognition of Professor Arrowsmith’s pre-eminence in the fi eld of public procurement: it refers

to her very substantial body of work in the area of public procurement law and law reform as a teacher, author and editor, and her advisory work with public bodies both in the UK and internationally, highlighting the “enormous benefi t” that her work has brought to those in the public sector.

Secondly, Sue Arrowsmith has been appointed as a Foundation Professor of the Chartered Institute of Purchasing and Supply (CIPS). She is one of fi ve current Foundation Professors and the fi rst woman and the fi rst legal academic to become a Foundation Professor. This recognition brings with it fi nancial support from CIPS for her future research work and cements the collaboration between CIPS and the University of Nottingham’s School of Law in areas of mutual interest.

Major New Project – “Asia Link”

The PPRG (Project leader: Professor Sue Arrowsmith) has received an award of 450 000 Euros from the European Union’s Asia Link programme, as leader of a fi ve-member consortium. The award is for a 3-year project to develop a global academic research and teaching network in the area of public procurement regulation. The other consortium members are Copenhagen Business School, the Central University of Finance and Economics (Beijing), Xinjiang University, and the University of Malaya.For more information on activities under the project see the inside page of this newsletter.

LLM / Diploma / Certifi cate Programme in Public Procurement Law and Policy (Executive Programme)

The University of Nottingham, School of Law, has now formally launched its innovative new LLM/Diploma/Certifi cate programme in Public Procurement Law and Policy (Executive Programme).

This is a part-time programme designed, in particular, for policy makers, lawyers and contracting offi cers working in the public procurement fi eld. For more information see the inside page of this newsletter.

Public Procurementresearch grouP

The PPRG and its members are sponsored by:

The Achilles Group is the leading provider of supplier management information, delivering a wide range of procurement and business solutions to major companies across the globe. Achilles’ supplier management schemes improve the effi ciency of the procurement cycle while promoting health and safety, environmental management and wider corporate responsibility in the supply chain.

Bevan Brittan LLP is a fi rm of solicitors working at the public and private sector interface. The fi rm combines diverse public sector experience with strong commercial expertise and is a major force in procurement, PFI, PPP and commercial work.

The Chartered Institute of Purchasing and Supply (CIPS) is an international organisation, based in the UK, serving the purchasing and supply profession. CIPS exists to promote and develop high standards of professional skill, ability and integrity among all those engaged in purchasing and supply chain management. CIPS assists individuals, organisations and the profession as a whole.

Peter Trepte Appointed Special Professor

The PPRG is delighted to report that Peter Trepte has joined the PPRG as Special Professor in the School of Law. Peter is a world-renowned expert for his legal writing and work in law reform in the area of public procurement. He has worked closely with the PPRG for many years, contributing to publications and conferences, and presenting seminars for the Law School’s LLM modules on public procurement and will teach modules on the School of Law’s new

Executive LLM/Diploma/Certificate Programme in procurement (see inside). Peter is currently a barrister with Littleton Chambers in London and of Counsel to Grayston & Company in Brussels.

Asia Link Project on Public Procurement

Aims of the Project

The Asia Link project aims to develop a capacity in public procurement research and teaching in Asian universities, initially in China and Malaysia, and eventually across the continent. In addition, the network will promote and enhance EU teaching and research on public procurement regulation, which has only recently developed as a distinct academic discipline – a development in which the PPRG has played a prominent role. It will also enhance global trade dialogues by improving EU understanding of procurement issues affecting Asia.

Activities funded under the Project

Activities funded under the project include:Setting up a permanent global academic network of scholars working in the field of public procurement regulation – both those in law schools and those working in other discipline such as economics, politics and management (see the PLAN Network elsewhere on this page);Developing an innovative postgraduate curriculum on procurement regulation, based on international/comparative materials;Exchange visits and workshops to support research and postgraduate teaching. Events held in 2008 included workshops on funding and operating research centres, whilst events for 2009 include workshops on research methods in the context of public procurement regulation, with a focus on comparative, international and interdisciplinary research, and a workshop on approaches to teaching public procurement;Production of an extensive bibliography to support global research and teaching activities;Production of specialist textbooks to support teaching and course development activities;Translation of leading international academic and legal texts into Chinese;A series of major conferences of academics, practitioners and policy makers (in Nottingham, Kuala Lumpur and Beijing).

For up to date information about the project and associated activities see the Asia Link Procurement Project website: http://www.cbs.dk/alpp .

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Members of the PPRG and Asia Link/Africa Partners, February 2009

Public Procurement in Africa

The PPRG has also recently launched a research and capacity-building project on public procurement in Africa, supported by an award of £29 762 from the British Academy (Principal Investigator - Sue Arrowsmith). The project will be undertaken in collaboration with Professor Geo Quinot of the University of the Stellenbosch and Professor Phoebe Bolton of the University of the Western Cape, South Africa, who will also work with Sope Williams and Dr Annamaria La Chimia of the PPRG at Nottingham.

The three-year project will examine the current state of procurement regulation in Southern Africa by reference to key themes in which regulation can play an important role. These will include: procurement methods; use of procurement to promote socio-economic objectives; supplier complaint (remedy) systems; use of regulatory techniques to address corruption; impact of development aid on procurement regulation and policy; and issues affecting participation in trade agreements (including the impact of tied aid). The project will consider by way of case studies several different national regimes in Southern Africa, embracing countries in differing stages of the reform process and with different legal traditions (common law and civil law).

It is intended that the project will provide information and awareness of issues facing Africa in the public procurement field both for scholars and policy makers.

The project will also lay the foundations for future joint research between the partner institutions and create the capacity for African scholars to develop research and teaching capacity in the field. In these latter respects the project will build on the work in developing public procurement regulation as a university-level subject under the PPRG’s European-Commission funded Asia Link project.

Research Students Programme 2009

Public procurement remains the single largest element of the Law School’s PhD programme, with 8 students researching public procurement in the current academic session. The type of research carried out within the School of Law is increasingly varied, with a number of interdisciplinary and empirical studies currently being conducted, as well as doctrinal research. A number of the current PhD students receive assistance from the generous funding provided by Achilles Information Ltd, Bevan Brittan LLP and the CIPS, as well as from other external and internal sources. The School of Law was one of only two Schools in the United Kingdom to receive two CASE awards from the ESRC for the 2007/2008 academic year, both for work in public procurement (Aspey, co-sponsored by Achilles Information, and Craven, co-sponsored by Bevan Brittan LLP) and work is also funded by the AHRC (De Mars).

Joining us in 2008/9: Serban Filipon, Eleanor Aspey and Richard Craven.

PhD Projects 2008/2009

Eleanor Aspey The Impact of the EC Procurement Rules on Corporate Responsibility in the Supply Chain: a Study of UtilitiesRichard Craven Procurement Procedures under the Private Finance Initiative: the Operation of the New Legal FrameworkSylvia de Mars The Influence of EC Public Procurement Law on the Procurement Systems of Member StatesAma Eyo The Adequacy of the European Union Rules on the Use of Electronic Reverse Auctions in Regulated ProcurementSerban Filipon Recurring Purchasing ArrangementsBaudouin Heuninckx Defence Procurement Law in Europe: The Role of International OrganisationsPedro Telles The Assessment of Competitive Dialogue’s Impact in Portugal and SpainSope Williams Mandatory Supplier Exclusion as a Mechanism for Addressing Corruption in Public ProcurementHelmut Wirner Remedies in EC Public Procurement Law: The Likely Impact of the New Remedies Directive

2008 saw two students in the PPRG successfully submit and defend their PhD theses. Congratulations to:Xingling Zhang, whose PhD looks at the construction of a supplier remedies system in China based on international standards; andLili Jiang, whose PhD examines the value of soft law in developing trade rules on public procurement

Both will now spend time in 2009 writing up their PhD work for publication in academic journals - Lili as a visiting scholar in the PPRG and Xinglin in her post as lecturer at the Donbei University of Finance and Economics in China.

Distance Learning Programme

LLM/Diploma/Certificate Programme in Public Procurement Law and Policy (Executive Programme)

The Executive LLM/Diploma/Certificate programme in Public Procurement Law and Policy is an innovative part-time programme. Recognising the growing importance of legal regulation in controlling public procurement, the programme offers a comprehensive grounding in the legal aspects of the subject, commencing in September 2009.

Reflecting the global reputation of the Law School and the PPRG the programme is intended to provide a “gold standard” in legal training in public procurement. It will be taught by the leading international scholars and practitioners in the field, including Professor Sue Arrowsmith, Director of the PPRG, and Professor Peter Trepte, a barrister and Special Professor with the PPRG, who has many years experience of developing and advising on procurement laws in both the EU and developing countries.

Who is it for?

The programme is aimed both at those with a legal background and those without and does not require a law degree. It is designed, in particular, for:

policy makers responsible for designing and implementing legal rules on public procurement;procurement officers whose role demands an understanding of the legal rules;lawyers advising on public procurement; andthose seeking to undertake research or teaching on public procurement.

Modules

The following modules will be offered on the programme:Introduction to Public Procurement Regulation: Basic Principles and Concepts; Organisation and Management of Public Procurement Systems; Government Procurement in the WTO; EU Procurement Law; Advanced EU Procurement Law; Corruption in Public Procurement; UK Public Procurement Law; Development and Procurement; Legal Research Methods in Public Procurement

More Information

For more information see: http://www.nottingham.ac.uk/law/pprg/courses/executiveprogramme.php

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Activity Focus: the PLAN Network

In January 2009 the Asia Link consortium led by the University of Nottingham launched the Procurement Law Academic Network, an Internet-based interdisciplinary network to link academics working in the field of public procurement. The network has already attracted more than 170 individual registrations from academics in the fields of law, politics, economics and business, as well as many registrations from industry, NGOs, government and international organizations as associate members.Membership of PLAN and access to its facilities are FREE and are open to all who meet the relevant criteria.Through the Network members can:

make contact with other academics working in the public procurement field from all over the world;publicise their research, conferences etc to the global community; andlearn of other research and events in the public procurement field.

For more information about the network and the registration process, please visit the PLAN website at http://www.planpublicprocurement.org.

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Visiting Scholars

In 2007 and 2008 the Group welcomed a number of visitors under its visiting scholars scheme. In March 2007, Francis Ssennoga (Kyambogo University, Uganda) spent a period at the School conducting research on the integration of developing countries into the international trade regimes on public procurement, whilst in August 2007 Azahari Abdul Aziz (MARA University of Technology, Malaysia) spent several months at the School to work on his research into the future of secondary policies in government procurement in ASEAN countries. In January 2008 Grith Ølykke (Copenhagen Business School, Denmark) also spent several months at the School to do research as part of the Asia Link exchange programme, focusing on abnormally low tenders. Dr. Anna Gorczynska (University of Lodz, Poland) visited Nottingham in September 2008 as an Asia Link associate, to research competitive dialogue and PPP practice in the UK and Europe in preparation for an article. Professor José Pernas (University of Coruña, Spain) spent one month with the PPRG in November 2008 to undertake comparative work on public-private partnerships. Currently Dr. Su Miaohan (Central University of Finance and Economics, China) is visiting the PPRG for 3 months as part of the Asia Link exchange programme in preparation for launching a public procurement law module back at CUFE, whilst Vera Eiro (Nova University of Lisbon, Portugal) is spending Spring 2009 in Nottingham to do additional research on remedies in EU procurement for her PhD.

PPRG Units

In light of the expansion and increasing diversity of its activities the PPRG has set up five specialist Units to co-ordinate and develop its work. The units and their leaders are:

Government Procurement in the WTO:Dr. Ping Wang

Humanitarian and Development Procurement:Dr. Annamaria La Chimia

Corruption and Public Procurement:Sope Williams-Elegbe

EU Public Procurement:Professor Sue Arrowsmith

Defence and Strategic Procurement:Dr. Aris Georgopoulos

Research Focus: Annamaria La Chimia

Dr. Annamaria La Chimia joined the School of Law in 2006, and currently also acts as book reviews editor for the Public Procurement Law Review. Before this she worked as a Barrister and Solicitor in Italy. She has also worked as a consultant for Actionaid, a leading NGO in the field of aid and development, and as external expert for the EC Commission -Development Aid and Trade Directorates.

Annamaria’s main research interests lie within the area of European Law (especially External Relations, Public Procurement, and Internal Market) as well as international trade law, development policies, food security and food aid. Her work has been cited by the European Economic and Social Committee.

In April 2006, Annamaria completed her PhD on the legality of tied aid procurement under international and regional trade regimes. Tied aid reveals a contradiction within the international community, on one level committed to promoting free trade yet, on another, allowing protectionism in the aid market, precisely where the need for the best allocation of resources is most felt. The magnitude of the negative impact that tying aid has for developing countries is better understood when considering the fact that public procurement in developing countries is estimated at around 14.5% of GDP, a considerable part of which is financed through aid (sometimes up to 80% in developing countries).

Her most recent article, published in the European Law Review, argues that tied aid by EC Member States is unlawful under the EC Treaty, and that developing country recipients of EC aid must be free to procure aid-funded goods from any Member State. This outcome will help enhance the effectiveness of aid while ensuring the respect of the EC Treaty rules. (Annamaria La Chimia, “Conquering the last frontier of protectionism: the legality of tied aid under the EC Treaty internal market rules” (2007) 32 European Law Review 513)

Annamaria is currently writing a book on development aid policies, which analyses the compatibility of aid practices under the EU and WTO legal framework. The book will contribute to, and stimulate, the debate on the developmental character of international and regional trade rules. It will show how international and regional trade agreements could contribute to solving economic and political problems, demonstrating the capacity of law to deal with politically sensitive topics and its ability to work for development. She has also recently started a project on food aid and food security, which analyses the impact of the WTO negotiations for reforming agricultural trade and investigates the knock-on effects of these negotiations on the renewal of the Food Aid Convention (FAC) and the consequent implications for the human right to food.

“I believe that international and regional trade rules can be invaluable allies in the fight against poverty. Current aid projects seem not to benefit from any of the features of modern government procurement systems and this has led to great inefficiencies and wastage of already constrained budget aid resources. Ultimately, I hope my research will stimulate debate and help to make positive changes to development aid procurement practices.“ Annamaria La Chimia, February 2009

Conferences and Seminars

PhD Students ConferenceIn June 2007 the Public Procurement Research Group in the School of Law hosted a highly successful conference for PhD students undertaking research on aspects of public procurement regulation. 17 researchers from all over Europe and as far away as South Africa made presentations of their work, based on short papers submitted in advance.Papers covered a wide range of topics, ranging from specific practical issues, such as electronic auctions and competitive dialogue under the new EC directives, to more general perspectives, such as use of soft law in procurement trade agreements, and the use of public/private law concepts to address problems of state contracting. Whilst most delegates were working within Law Schools, several came from other disciplines, such as social policy and economics, and projects involved a range of research methods, including qualitative and quantitative studies on the impact of legal regulation as well as doctrinal legal research.Discussants’ comments were provided by academic staff of the PPRG and by Dr. Arwel Davies (University of Swansea) and Professor Martin Trybus (University of Birmingham). Comments and discussion covered issues of both methodology and substance, providing many delegates with useful feedback for focusing or progressing their work. Funding for the event was provided through the generous funds given by Achilles Information and Bevan Brittan LLP.This is the third conference of this kind that the PPRG has held. Interest has been such that it will now become a regular event on the Group’s calendar, with the next conference scheduled for September 7-8th 2009. Anyone interested in participating should contact llxsad1@nottingham.ac.uk with a brief description of their research topic.

Annual Seminar SeriesIn 2007/2008, the PPRG once again held its annual seminar series for staff and students at the Law School, with a series of seminars conducted by both external and internal speakers. Subjects covered included procurement reform and regulation in developing countries (Peter Trepte, Littleton Chambers); defence procurement (Baudouin Heuninckx, Belgian Ministry of Defence and PPRG); procurement rules and social policies (Sean Hennigan, PPRG); PFI procurement (Susie Smith, Bevan Brittan); bid evaluation mechanisms (Jan Telgen, University of Twente (Netherlands)); and reform of the GPA (Robert Anderson, World Trade Organization).In 2008/2009, the Annual Seminar Series includes talks on practitioners’ experience with PFI (Susie Smith, Bevan Brittan); bid challenge in Romania (Serban Filipon, WYG and PPRG); the GPA negotiations (Robert Anderson, World Bank); and EC procurement rules for healthcare provision (Vasilis Hatzopoulos, Democratic University of Thrace (Greece)).

External Events 2008

Members of the PPRG participated in many external events in 2008. Professor Sue Arrowsmith presented a series of sell-out events on competitive dialogue, framework agreements and new developments in EU procurement, hosted by Achilles Information in London (for future events contact conferences@achilles.org). She also gave the key-note speech at the Inaugural Conference of the Caribbean Procurement Institute in Trinidad, and spoke at the Nohr Con Annual Nordic Procurement Conference in Copenhagen. Sope Williams-Elegbe presented papers on corruption in procurement in Zanzibar and a conference hosted by CUFE in China, whilst Baudouin Heunickx gave a series of presentations on defence procurement in the UK and the Netherlands. Dr. Ping Wang spoke about procurement policy in China and accession to the GPA at various events in the UK and China, including at the EU-China dialogue on Government Procurement in Beijing and Shanghai, at a WTO workshop for the Asia Region held in China, and at the Asia Link partner institutions of CUFE and Xinjiang. Dr. Annamaria La Chimia presented several papers on tied aid and its relationship to procurement in Italy, the UK, and Germany, whilst Dr. Aris Georgopoulos spoke about defence procurement in the Netherlands.

Caribbean Procurement Institute (CPI), 2008. from left to right Maragaret Rose, Chief Executive, CPI; Woodrow Whiteley, Director, CPI; Professor Sue Arrowsmith, University of Nottingham; Senator Helen Drayton, Chairman, CPI; the Honourable Dr Keith Rowley, then Minister of Trade and Industry of Trinidad and Tobago; the Honourable Ambassador Lolita Applewaithe, CARICOM Deputy Secretary General.

Robert Anderson (WTO)presenting at the Annual Seminar Series

Books

Social and environmental policies in EC procurement law: new directives and new directionsCambridge University Press Edited by Sue Arrowsmith, Peter Kunzlik Hardback (ISBN-13:9780521881500)

This book, edited by Professor Sue Arrowsmith of the PPRG and Professor Peter Kunzlik of City University, explores new issues and legal developments surrounding the use of procurement as a tool of social and environmental policy under EC law.In developing public procurement policy governments are often concerned not only with value for money but also with promoting their social and environmental objectives - for example, small business development, support for “fair trade” and fair labour conditions and development of green energy.However, imposing social and environmental requirements makes it harder for some suppliers to participate in public procurement – and EC law thus limits the ability of national governments to implement such policies. But how should the balance be struck between these trade concerns and the legitimate desire of national governments to use procurement as a policy tool? And should the EC itself even harness Member States procurement power to EC-wide objectives, such as green energy policy? These questions have been the subject of fierce debate in the process leading up to the EC’s new (2004) procurement directives. As a result the directives include several new provisions – for example, on use of eco-labels and on reserving contracts for persons with disabilities. However, important issues main unresolved.This book explores this subject through a series of essays on discrete topics. The particular focus is on new issues in the field, notably on the innovative provisions in the new directives, on new academic thinking and on areas neglected in the debate, such as the impact of EC law on the CSR policies of private utilities.The book also contains four extensive introductory chapters by the editors, which both expound a theoretical framework for analyzing the legal and policy issues, and offer a detailed and critical analysis of the current state of the law.

This book can be ordered at http://www.cambridge.org.uk/uk/catalogue/catalogue.asp?isbn=9780521881500

Procurement Regulation for the 21st Century: Reform of the UNCITRAL Model Law on Procurement

This new book edited and co-authored by Sue Arrowsmith examines different approaches to regulating “new” issues in public procurement, focusing on those areas addressed in the current review of UNCITRAL’s Model Law on procurement.The Model Law on the Procurement of Goods, Construction and Services of UNCITRAL (the United Nations Commission on International Trade Law) was adopted in 1994, and provides a template for countries to use in developing and reforming their regulatory systems for public procurement. One of the most successful of UNCITRAL’s instruments, this Model Law has been used in numerous states worldwide as the basis for legal reform. In 2003 UNCITRAL launched a project to revise the Model Law. This aims to update the Model Law to take account of new practical developments, drawing on the early experiences of states in dealing with these new developments. In particular, it is proposed to include extensive new provisions on electronic means in procurement, on the conduct of electronic auctions, and on framework agreements. In addition, existing provisions of the Model Law will be revised in light of experience so far in operating its provisions. In this regard, important changes are anticipated to some of the Model Law’s key provisions, such as those on bid evaluation and supplier remedies. The revision process is expected to be complete in the summer of 2009.Sue Arrowsmith’s new book examines and illuminates the proposed revisions to the Model Law through, first, an examination of the proposed revisions themselves and, secondly, a series of case studies on how the key new areas - electronic means in procurement, electronic auctions, and framework agreements – have been treated in various national and international procurement systems. The case studies have been chosen based on several considerations, in particular the extent to which they reflect different approaches to regulation and practice; the need to consider countries with different legal traditions; the desire for a perspective from both developed and developing countries; the depth and breadth of experience that different jurisdictions provide; and the influence that various systems have had on the Model Law revisions.The book will be published by West in March 2009. A well as chapters authored and co-authored by Professor Arrowsmith, the book includes contributions from Caroline Nicholas of the UNCITRAL Secretariat and from other renowned legal scholars and practitioners from around the world.

The book can be ordered at http://west.thomson.com from March 23rd onwards.

Edited Books

Sue Arrowsmith and Peter Kunzlik (eds), Social and Environmental Policies in EC procurement law: new directives and new directions (CUP: Cambridge 2009)

Sue Arrowsmith (ed), Public Procurement Regulation in the 21st Century: Reform of the UNCITRAL Model Law on Procurement (West: Eagan, MN 2009)

Chapters in Books

Sue Arrowsmith, “The EC Regime on Public Procurement”, chapter 12 in Khi v. Thai and Evan M. Berman (eds.), International Handbook of Public Procurement (CRC Press: Boca Raton 2008)

Sue Arrowsmith (with Peter Kunzlik), “Public procurement and horizontal policies in EC law: general principles”, chapter 1 in Sue Arrowsmith and Peter Kunzlik (eds), Social and Environmental Policies in EC Procurement Law: New Directives and New Directions (CUP: Cambridge 2009)

Sue Arrowsmith (with Peter Kunzlik), “EC Regulation of Public Procurement”, chapter 2 in Sue Arrowsmith and Peter Kunzlik (eds), Social and Environmental Policies in EC Procurement Law: New Directives and New Directions (CUP: Cambridge 2009)

Sue Arrowsmith, “A taxonomy of horizontal policies in public procurement”, chapter 3 in Sue Arrowsmith and Peter Kunzlik (eds), Social and Environmental Policies in EC Procurement Law: New Directives and New Directions (CUP: Cambridge 2009)

Sue Arrowsmith, “Application of the EC Treaty and Directives to Horizontal Policies: a Critical Review”, chapter 4 in Sue Arrowsmith and Peter Kunzlik (eds), Social and Environmental Policies in EC Procurement Law: New Directives and New Directions (CUP: Cambridge 2009)

Sue Arrowsmith (with Colin Maund), “CSR in the utilities sector and the implications of EC procurement policy: a framework for debate”, chapter 11 in Sue Arrowsmith and Peter Kunzlik (eds), Social and Environmental Policies in EC Procurement Law: New Directives and New Directions (CUP: Cambridge 2009)

Sue Arrowsmith (with Caroline Nicholas), “The UNCITRAL Model Law on Procurement: Past, Present and Future », chapter 1 in Sue Arrowsmith (ed), Public Procurement Regulation in the 21st Century: Reform of the UNCITRAL Model Law on Procurement (West: Eagan, MN 2009)

Sue Arrowsmith (with Caroline Nicholas), “Regulating framework agreements under the UNCITRAL Model Law on procurement”, chapter 2 in Sue Arrowsmith (ed), Public Procurement Regulation in the 21st Century: Reform of the UNCITRAL Model Law on Procurement (West: Eagan, MN 2009)

Sue Arrowsmith, “Methods for purchasing on-going requirements: the system of framework agreements and dynamic purchasing systems under the EC Directives and UK procurement regulations”, chapter 3 in Sue Arrowsmith (ed), Public Procurement Regulation in the 21st Century: Reform of the UNCITRAL Model Law on Procurement (West: Eagan, MN 2009)

Sue Arrowsmith, “Regulating Electronic Reverse Auctions under the UNCITRAL Model Law on Procurement”, chapter11 in Sue Arrowsmith (ed), Public Procurement Regulation in the 21st Century: Reform of the UNCITRAL Model Law on Procurement (West: Eagan, MN 2009)

Sue Arrowsmith (with Ama Eyo), “Electronic Auctions in the EC Procurement Directives and a Perspective from UK Law and Practice”, chapter 12 in Sue Arrowsmith (ed), Public Procurement Regulation in the 21st Century: Reform of the UNCITRAL Model Law on Procurement (West: Eagan, MN 2009)

Major Articles and Papers

Stephen Bailey, “Judicial Review of Contracting Decisions” (2007) Autumn Public Law 444

Annamaria La Chimia, “Conquering the last frontier of protectionism: the legality of tied aid under the EC Treaty internal market rules” (2007) 32 European Law Review 513

Aris Georgopoulos, “The European Armaments Policy: A Conditio Sine Qua Non for the European Security and Defence Policy?” in: Martin Trybus and Nigel White (ed), European Security Law (Oxford: Oxford University Press 2007)

Baudouin Heuninckx, “Towards a Coherent European Defence Procurement Regime? European Defence Agency and European Commission Initiatives”, (2008) 17 Public Procurement Law Review 1

Procurement-related Publications of PPRG Members 2007-2009

Baudouin Heuninckx, “A Primer to Collaborative Defence Procurement in Europe: Troubles, Achievements and Prospects”, (2008) 17 Public Procurement Law Review 123

Baudouin Heuninckx, “Defence procurement: The most effective way to grant illegal State aid and get away with it … or is it?” (2009) 46(1) Common Market Law Review 191

Baudouin Heuninckx, “The European Defence Agency Electronic Bulletin Board: A Survey after Two Years”, (2009) 18(2) PPLR 43

Ping Wang, “Coverage of the WTO’s Agreement on Government Procurement: Challenges of Integrating China and other Countries with a Large State Sector into the Global Trading System”, 2007(10)(4) Journal of International Economic Law 887

Ping Wang, “China’s Government Procurement Policy at a Crossroad”, December 2008 Policy Paper

Sope Williams and Geo Quinot, “Public Procurement and Corruption: The South African Response” (2007) 124 (2) South African Law Journal 339

Sope Williams, “The use of exclusions for corruption in developing country procurement: The case of South Africa” (2007) 51(1) Journal of African Law 4

Sope Williams, “The debarment of corrupt contractors from World Bank-financed contracts” (2007) 36 (3) Public Contract Law Journal 277

Xinglin Zhang, “Supplier Review as a Mechanism for Securing Compliance with Government Procurement Rules: a Critical Perspective” (2007) 16(5) Public Procurement Law Review 325

Shorter Articles and Notes

Eleanor Aspey, “Public Contracts and Utilities Contracts (Postal Services Amendments) Regulations 2008” (2009) 18 Public Procurement Law Review NA71

Stephen Bailey, “Judicial Review and the Tendering Process. A Note on R (on the application of Menai Collect Ltd) v Department of Constitutional Affairs and R (on the application of Gamesa Ltd) v National Assembly for Wales” (2007) 16 Public Procurement Law Review NA11

Stephen Bailey, “Review of P Vincent-Jones, The New Public Contracting: Regulation, Responsiveness, Relationality (Oxford University Press, 2006)” (2007) 123 Law Quarterly Review 317

Aris Georgopoulos, “Commission’s Interpretative Communication on the Application of Article 296 EC in the field of Defence Procurement” (2007) 16 Public Procurement Law Review 119

Baudouin Heuninckx, “Comment on British Sea Power: The Astute Class Submarine” (2008) Supply Management (June), p. 20.

Baudouin Heuninckx, “A Note on Case Commission v Italy (Case C-337/05) (Agusta Helicopters Case)”, (2008) 17 Public Procurement Law Review NA187

Sope Williams, “World Bank introduces new measures to reduce fraud and corruption in Bank-financed projects and the administration of Bank loans” (2007) 16(5) Public Procurement Law Review NA152

Sope Williams, “The Risks of Corruption and the Risks of Fighting Corruption in EC Public Procurement”. (2007) 2 European Current Law xi

Sope Williams, “Review of Steven Kelman, Unleashing Change: A Study of Organizational Renewal in Government” (2007) 3 Public Procurement Law Review 197

Sope Williams, “Review of Simon Evers Hjelmborg et al, Public Procurement Law- The EU Directive on Public Contracts”, European Law Books. Available at: http://www.europeanlawbooks.org/reviews/detail.asp?id=319 (March 2007)