Green Public Procurement under WTO Law: Experience of the EU and Prospects for Switzerland (European Yearbook of International Economic Law, 9)

Présentation de l'éditeur : "This book investigates the strategic use of public procurement as a way to establish “buying green” as a common practice - not only in the EU, but all over the world. However, imposing environmental requirements may affect the conditions of competition between suppliers, especially between local and foreign ones. This is particularly relevant for signatory states to the Government Procurement Agreement (GPA), a plurilateral WTO agreement that aims at liberalizing public procurement markets. So how can these countries strike a balance between trade concerns and using the environmental potential of public procurement? What scope does the GPA 2012 leave for environmental criteria and how are signatory states making use of it? The need for answers to these questions is becoming even more pressing with the increasing use of green public procurement (GPP). This book discusses approaches to finding legal solutions to this question, using a multilayered approach to do so: In a first step, an analysis of the pertinent GPA provisions serves to delineate the scope for GPP under WTO law. In a second step, an evaluation of the implementation of the respective provision at the regional and national level by the EU and Switzerland helps reveal the impact of the GPA on its signatory states. While the book chiefly focuses on the legal framework for GPP, it also takes into account the latest developments in jurisprudence and policy initiatives. It concludes by proposing practical solutions regarding the specific design of GPP policies and measures in compliance with the GPA. The comparative approach applied in the book, focusing on the implementation of the WTO/GPA by two selected signatories, makes it an informative and insightful resource for practitioners, policymakers and legal scholars from all GPA signatory countries, extending its relevance beyond the selected examples (the EU and Switzerland)." Présentation de l'éditeur : "This book investigates the strategic use of public procurement as a way to establish “buying green” as a common practice - not only in the EU, but all over the world. However, imposing environmental requirements may affect the conditions of competition between suppliers, especially between local and foreign ones. This is particularly relevant for signatory states to the Government Procurement Agreement (GPA), a plurilateral WTO agreement that aims at liberalizing public procurement markets. So how can these countries strike a balance between trade concerns and using the environmental potential of public procurement? What scope does the GPA 2012 leave for environmental criteria and how are signatory states making use of it? The need for answers to these questions is becoming even more pressing with the increasing use of green public procurement (GPP). This book discusses approaches to finding legal solutions to this question, using a multilayered approach to do so: In a first step, an analysis of the pertinent GPA provisions serves to delineate the scope for GPP under WTO law. In a second step, an evaluation of the implementation of the respective provision at the regional and national level by the EU and Switzerland helps reveal the impact of the GPA on its signatory states. While the book chiefly focuses on the legal framework for GPP, it also takes into account the latest developments in jurisprudence and policy initiatives. It concludes by proposing practical solutions regarding the specific design of GPP policies and measures in compliance with the GPA. The comparative approach applied in the book, focusing on the implementation of the WTO/GPA by two selected signatories, makes it an informative and insightful resource for practitioners, policymakers and legal scholars from all GPA signatory countries, extending its relevance beyond the selected examples (the EU and Switzerland)." Front Matter ....Pages i-xix Introduction (Rika Koch)....Pages 1-10 Front Matter ....Pages 11-11 Public Procurement Regulation (Rika Koch)....Pages 13-19 Green Public Procurement (GPP) (Rika Koch)....Pages 21-36 Front Matter ....Pages 37-37 GPP and International Trade Regulation (Rika Koch)....Pages 39-52 Relevance of the Multilateral WTO Agreements (Rika Koch)....Pages 53-63 Government Procurement Agreement (Rika Koch)....Pages 65-107 Front Matter ....Pages 109-109 Regional Public Procurement Regulation and Implementation of the GPA (Rika Koch)....Pages 111-131 Regulatory Scope for GPP (Rika Koch)....Pages 133-158 Front Matter ....Pages 159-159 Domestic Public Procurement Regulation and Implementation of the GPA (Rika Koch)....Pages 161-181 Regulatory Scope for GPP (Rika Koch)....Pages 183-205 Front Matter ....Pages 207-207 Conclusion (Rika Koch)....Pages 209-222 Back Matter ....Pages 223-233