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Module SXL-4436:
Int'l Procurement Regimes

Module Facts

Run by School of Law

20 Credits or 10 ECTS Credits

Semester 2

Organiser: Dr Ama Eyo

Overall aims and purpose

This module will help candidates develop a sound knowledge of Procurement Law and relevant legal issues from an international perspective. Specifically students will explore the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Procurement of Goods, Construction and Services; the World Trade Organization (WTO) Agreement on Government Procurement; the procurement rules of selected international finance institutions - the World Bank, the African Development Bank and the Asian Development Bank. Beyond examining the contexts and objectives of these procurement regimes, the module will introduce candidates to the relationships between supranational procurement frameworks and national procurement rules. In addition the module will present the candidates with an opportunity to explore recent regulatory procurement reforms in international and selected national procurement regimes.

Course content

The “International Procurement Regimes” module involves the study of the main principles, main rules and the functioning of UNCITRAL Model Law on Procurement, the Agreement on Government Procurement (GPA) of the WTO and the procurement rules of selected international finance institutions, all of which have impacted on legal principles in national procurement regimes. Students will gain an appreciation of the main features of international procurement regimes and will be provided with an examination of interesting aspects of the legal regimes, through an integrated study of focusing on the political and economic contexts of the rules and important contemporary developments. Specifically the course of study will involve examination of:

  1. The objectives and rationales for regulating procurement
  2. The United Nations Model Law on Procurement of Goods, Construction and Services - a model procurement framework?
  3. The WTO Agreement on Government Procurement.
  4. Regulation of procurement in international finance institutions.
  5. Recent regulatory reforms in Public Procurement – examination of experiences from selected countries (particularly developing countries).

Assessment Criteria

threshold

Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.

good

Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

excellent

Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

Learning outcomes

  1. Develop a clear and thorough understanding of the main principles, rules and workings of international procurement legal frameworks.

  2. Critically analyse the rationales and objectives for regulating procurement at international and national levels.

  3. Critically examine the relationships between international and domestic objectives in procurement regulation.

  4. Articulate the comparative approaches taken in the examined procurement regimes on a number of issues including – scope and coverage, procurement methods, settlement of disputes, sustainable procurement, social issues, corruption and electronic procurement.

  5. Critically assess the impacts of international trends in procurement regulation on national procurement regulation.

  6. Utilise the knowledge gained to suggest improvements to existing procurement regimes.

Assessment Methods

Type Name Description Weight
Written assignment 100

Teaching and Learning Strategy

Hours
Private study 178
Seminar

The module will be taught using 11 x 2 hour seminars, for which students will be expected to have prepared essential reading together with written and other work as required. Students will be required to discuss the reading matter, make their own presentations (non-assessed) and discuss those of others, together with arguments and questions from the seminar leader. Further reading will be recommended after each seminar to progress and further the students’ knowledge and skills. Other forms of teaching exercises, such as team preparations, may be used from time to time. The module will be taught by a combination of staff and guest lecturer presentations.

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Transferable skills

  • Literacy - Proficiency in reading and writing through a variety of media
  • Computer Literacy - Proficiency in using a varied range of computer software
  • Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
  • Exploring - Able to investigate, research and consider alternatives
  • Information retrieval - Able to access different and multiple sources of information
  • Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
  • Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
  • Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
  • Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
  • Management - Able to utilise, coordinate and control resources (human, physical and/or financial)
  • Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
  • Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others

Subject specific skills

  • Students will acquire an understanding of advanced legal theories and jurisprudence concerning the development of Public Procurement Law at Global, European Union and national levels (UK and Ireland)
  • Students will acquire critical awareness of current problems and/or new insights, informed by the latest academic literature, legislation and case law.

Resources

Courses including this module

Optional in courses: