The tension between global public procurement law and nationalist/populist tendencies: Proposals for reform

GPA had a main objective from its very beginning: confronting discrimination between bidders on national or geographical grounds and opening the system up to greater competence between private actors. The World has experienced a gradual liberalization of public national markets that was almost perce...

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Bibliographic Details
Main Author: Miranzo Díaz, Javier
Format: Article
Language:English
Published: 2020
Subjects:
Derecho internacional
Derecho Administrativo
Contratación Pública
public procurement
Global Administrative Law
protectionism
free trade
nationalism
contratação pública
Direito Administra - tivo Global
protecionismo
livre comércio
nacionalismo
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7680843
Source:Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 7, Nº. 2, 2020 (Ejemplar dedicado a: maio/agosto), pags. 355-400
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The tension between global public procurement law and nationalist/populist tendencies: Proposals for reform
Summary: GPA had a main objective from its very beginning: confronting discrimination between bidders on national or geographical grounds and opening the system up to greater competence between private actors. The World has experienced a gradual liberalization of public national markets that was almost perceived as a natural process. But this other time thought never-ending process is experiencing serious difficulties. The global political panorama seems to be moving again towards the once forgotten nationalist ideologies; a fact that has brought back again the old host of economic protectionism to the front line of international public markets regulation. The present paper analyses the existing situation from a critical approach. Firstly, it carries out a study of the mechanisms and motives that lie behind populisms and its relationship with international law legitimacy and traditional procurement bias. Secondly, it signals the central role of GPA as the main international instrument to face neo-protectionism, and focuses on the subtle nature of most procurement barriers and how current review mechanism fail to both efficiently tackle potential infringements and to guarantee states’ autonomy. Finally, a proposal for reform is made as to the functioning of the GPA review mechanisms through the creation of a mixed review system. 

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