IDEAS home Printed from
   My bibliography  Save this article

Transparence dans les marchés publics :. Options après la cinquième conférence ministérielle de l'OMC à cancún


  • Philippe G. Nell


At the second ministerial Conference of the WTO in Singapore (1996), a Working Group on Transparency in Government Procurement was established to elaborate possible elements for an agreement. Its mandate was reinforced at the fourth ministerial Conference in Doha (2001) in view of launching negotiations on transparency at the next ministerial Conference by explicit consensus. Aspects referring to market access would not be covered, each Member being able to keep its own regimes to grant preferences to local suppliers. This article analyses first the major results of the Working Group on Transparency in Government Procurement in order to identify areas of convergence and divergence. Common views are registered for the key transparency procedures linked to tenders. Major difficulties refer to coverage, national remedies and WTO Dispute Settlement Mechanism. Without such rules, the effectiveness of transparency risks to be seriously limited. Positions differ also significantly regarding the scope of the rules – transparency only or transparency and implementation of the rules – as well as the treatment of the linkages between government procurement and other policy areas. Second, the preliminary results of the full revision of the WTO plurilateral Agreement on Government Procurement are reviewed. The negotiations aim at simplifying, clarifying, updating the present GPA as well as improving developing countries’ access. Particular emphasis is set on shortening the tender procedures as well as devising new provisions referring to withdrawal of entities from the coverage of the Agreement. Market access negotiations and abolition of discriminatory measures should lead to further liberalisation. Third, the options for the future are reviewed. Following the Decision of the WTO General Council of August 1, 2004 re-launching the Doha Round, negotiations of an agreement on transparency in government procurement will not take place under the Doha Programme due to strong opposition by several developing countries. They do not want their policy flexibility to be restrained by WTO rules. For the after-Doha era, an agreement lacking a national remedy system or the WTO dispute settlement mechanism would run the risk of not bearing much result. Various authors emphasize that without a strong commitment from national authorities to apply rigorously rules and fight corruption, it may be difficult to achieve significant practical results. The article concludes that, at present, accession to the new GPA may be the best option for developing countries favourable to multilateral rules on transparency because it would include a national remedy system, the WTO dispute settlement mechanism and a progressive liberalisation at the international level.

Suggested Citation

  • Philippe G. Nell, 2004. "Transparence dans les marchés publics :. Options après la cinquième conférence ministérielle de l'OMC à cancún," Revue internationale de droit économique, De Boeck Université, vol. 0(3), pages 355-379.
  • Handle: RePEc:cai:riddbu:ride_183_0355

    Download full text from publisher

    File URL:
    Download Restriction: free

    File URL:
    Download Restriction: free

    More about this item


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_183_0355. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.