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The Complementarity of Soft and Hard Law in Public Procurement: between Harmonization and Resiliance

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  • MILE 09, Maria Anna Corvaglia

Abstract

Increasing complexity and fragmentation challenge the traditional ‘rulebook’ of international law, including the perception and the relationship of hard and soft law. In this context, by combining normative and governance considerations, the aim of the proposed paper is to analyze the interactions and dynamics of soft and hard law in public procurement, an area where the potential of these regulatory developments has not yet been fully explored. The research will focus on the analysis of the parallel interactions between hard and soft law instruments of international procurement governance, namely the UNCITRAL Model Law of Procurement of Goods and Services and the Revised Text of the WTO Government Procurement Agreement. The complementary actions of hard and soft law will then be explored in the specific case study of the complex regulatory challenges of addressing corruption in public procurement procurement. Based on these considerations, it is argued that soft law instruments, as complements to hard law agreements, can act as viable regulatory solutions to strike a balance between nondiscrimination and legitimate political concerns in light of the intrusive features of international public procurement regulations.

Suggested Citation

  • MILE 09, Maria Anna Corvaglia, 2013. "The Complementarity of Soft and Hard Law in Public Procurement: between Harmonization and Resiliance," Papers 550, World Trade Institute.
    • Handle: RePEc:wti:papers:550
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    References listed on IDEAS

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    2. Anderson, Robert D. & Pelletier, Philippe & Osei-Lah, Kodjo & Müller, Anna Caroline, 2011. "Assessing the value of future accessions to the WTO Agreement on Gouvenement Procurement (GPA): Some new data sources, provisional estimates, and an evaluative framework for individual WTO members con," WTO Staff Working Papers ERSD-2011-15, World Trade Organization (WTO), Economic Research and Statistics Division.
    3. Abbott, Kenneth W. & Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie & Snidal, Duncan, 2000. "The Concept of Legalization," International Organization, Cambridge University Press, vol. 54(3), pages 401-419, July.
    4. Harvey Gordon & Shane Rimmer & Sue Arrowsmith, 1998. "The Economic Impact of the European Union Regime on Public Procurement: Lessons for the WTO," The World Economy, Wiley Blackwell, vol. 21(2), pages 159-187, March.
    5. Chris Brummer, 2010. "Why Soft Law Dominates International Finance--and not Trade," Journal of International Economic Law, Oxford University Press, vol. 13(3), pages 623-643, September.
    6. Abbott, Kenneth W. & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, Cambridge University Press, vol. 54(3), pages 421-456, July.
    7. Arie Reich, 2009. "The New Text of the Agreement on Government Procurement: An Analysis and Assessment," Journal of International Economic Law, Oxford University Press, vol. 12(4), pages 989-1022, December.
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