International Procurement Regulation
Run by School of History, Law and Social Sciences
15.000 Credits or 7.500 ECTS Credits
Organiser: Mr Ceri Evans
Overall aims and purpose
This module will help participants develop a sound knowledge of relevant Procurement Law issues from an international perspective. Specifically participants 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, e.g., The World 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 regulatory procurement reforms in international and national procurement regimes, in light of growing acceptance that national procurement markets must open up to international competition. This module will particularly interest participants who seek an understanding of how international and national procurement rules interact, as well as getting a glimpse of the future direction of trend in this area.
The module involves the study of the main principles, main rules and the functioning of the 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 that apply in national procurement regimes. Participants will gain an appreciation of the main features of international procurement regimes, and will be provided with an examination of interesting aspects of the various legal regimes, through an integrated study focusing on the political and economic contexts of the rules and important contemporary developments, including corruption. Specifically the course of study will involve examination of:
Regulated Procurement: Basic Concepts, Objectives and Principles;
Why Regulate Procurement – approaches and nature of regulatory rules on procurement, including the diversity of public procurement systems;
Reform of national public procurement systems (Legal and Regulatory Framework, Institutional Framework and Operational Considerations);
Organisation and Management of Procurement Systems: Focus on international Procurement reforms;
UNCITRAL Model Law on Public Procurement: Coverage of the rules, Methods of Procurement and the Choice of Method, Selection (shortlisting); Evaluation and award - a model procurement framework?;
Government Procurement in the WTO;
International finance institutions and Procurement: The World Bank;
International Procurement instruments - e-Procurement and electronic communication;
International Procurement instruments - Framework Agreement and Supplier lists;
International Procurement instruments - Sustainable Procurement;
International Procurement instruments - Supplier Review and Debriefing;
Procurement and Development: Focus on Corruption; and
Regulatory Reforms in Public Procurement – examination of experiences from selected countries
(50-59% / C- to C+)
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.
(60-69% / B- to B+)
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.
(70%+ / A- to A*)
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.
Critically assess the impact of international trends in procurement regulation on national procurement regulation.
Utilise the knowledge gained to critically suggest improvements to existing procurement regimes.
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; corruption; and electronic procurement.
Critically examine the relationships between international and domestic objectives in procurement regulation.
Critically analyse the rationales and objectives for regulating procurement at international and national levels.
Develop a clear and thorough understanding of the main principles, rules and workings of international procurement legal frameworks.
Teaching and Learning Strategy
Teaching will be in the form of a dynamic combination of pre-recorded lectures available on Blackboard and on-line live lectures facilitated by the lecturer and driven by class discussions and case study analysis at designated times. Students unable to participate at the time of on-live delivery would be able to download the recordings. Approximately 50% of the sessions will be pre-recorded with the remainder to be on-line live lectures.
Participants will be provided with additional materials for private study and will also have access to Bangor University online library catalogues.
- 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.
- Management - Able to utilise, coordinate and control resources (human, physical and/or financial)
- 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
Sope Williams-Elegbe, Public procurement and multilateral development banks: law, practice and problems (Hart Publishing 2017)
Aris Georgopoulos, Bernard Hoekman, and Petros C. Mavroidis, The internationalization of government procurement regulation (OUP 2017)
Christine Léon de Mariz, Claude Ménard and Bernard Abeillé, Public procurement reforms in Africa: challenges in institutions and governance (OUP 2014)
Courses including this module
Optional in courses:
- M1AY: LLM Procurement Law, Strategy & Practice (Distance Learning) year 1 (LLM/PLSP)