WTO 정부조달협정(GPA) 규범협상의 쟁점 및 그 평가
Current Issues in the 2006 Revised WTO Government Procurement Agreement and Their Assessments
김대원(서울시립대학교)
32호, 275~296쪽
초록
This article is intended to review and analyze the provisionally agreed text of the WTO GPA(Agreement on Government Procurement; hereinafter 'revised GPA') in 2006. The review has been made in the context of the implementation of the GPA now being proceeded, and the analysis is based on the comparison of the revised GPA text with the existing GPA of 1994. This article further offers interpretation of its provisions and discusses its potential implications for the regulation of international government procurement. While the revised GPA entails a complete revision of the existing GPA to simplify its structure and streamline the text, the revised text nonetheless builds on the existing GPA in meaningful ways and carries over a large number of the existing Agreement's provisions in prospective ways. This article analyzes the revised text in terms of the core principles of non-discrimination, transparency and procedural fairness. Furthermore it deals with detailed rules on electronic procurement, tendering and related procedures in addition to rules and requirements relating to two main enforcement mechanisms – i.e. domestic review procedures and WTO dispute settlement – as well as separate procedures dealing with modifications and rectifications to coverage. In conclusion, the article advances the assessments of the revised GPA with coming prospects.
Abstract
This article is intended to review and analyze the provisionally agreed text of the WTO GPA(Agreement on Government Procurement; hereinafter 'revised GPA') in 2006. The review has been made in the context of the implementation of the GPA now being proceeded, and the analysis is based on the comparison of the revised GPA text with the existing GPA of 1994. This article further offers interpretation of its provisions and discusses its potential implications for the regulation of international government procurement. While the revised GPA entails a complete revision of the existing GPA to simplify its structure and streamline the text, the revised text nonetheless builds on the existing GPA in meaningful ways and carries over a large number of the existing Agreement's provisions in prospective ways. This article analyzes the revised text in terms of the core principles of non-discrimination, transparency and procedural fairness. Furthermore it deals with detailed rules on electronic procurement, tendering and related procedures in addition to rules and requirements relating to two main enforcement mechanisms – i.e. domestic review procedures and WTO dispute settlement – as well as separate procedures dealing with modifications and rectifications to coverage. In conclusion, the article advances the assessments of the revised GPA with coming prospects.
- 발행기관:
- 안암법학회
- 분류:
- 법학일반