Module SXL-3436:
Intro to Interna'l Procurement

Module Facts

Run by School of Law

10.000 Credits or 5.000 ECTS Credits

Semester 2

Organiser: Dr Ceri Evans

Overall aims and purpose

This module will help students develop a sound knowledge of Procurement Law and relevant legal issues from an international procurement 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 students to the relationships between supranational procurement frameworks and national procurement rules. In addition, the module will present the students with an opportunity to explore recent regulatory procurement reforms in international and selected national procurement regimes in relation to sustainable procurement and e-procurement.

Course content

The 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 Public Procurement - 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 on sustainable procurement and e-procurement.

Assessment Criteria

excellent

An outstanding, possibly brilliant, answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject. First Class : 70-100: An outstanding, possibly brilliant, answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.

threshold

An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.

good

A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.

Learning outcomes

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

  2. Develop a clear and thorough understanding of the main principles, rules, and workings of international procurement legal frameworks including the rules on procurement processes, sustainable procurement and e-procurement.

  3. Analyse the rationales and objectives for regulating procurement at international and national levels.

  4. Examine the relationships between international and domestic objectives in procurement regulation.

  5. 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.

  6. Assess the impacts of international trends in procurement regulation on national procurement regulation.

Assessment Methods

Type Name Description Weight
EXAM 24 hour exam 100.00

Teaching and Learning Strategy

Hours
Private study

Students will be given a range of materials for self study to progress their knowledge and understanding.

78
Seminar

The module will be taught using 11 seminars (2 hours per week) over one semester. Seminars will routinely require students to engage individually and in groups in acquiring, commenting upon and applying the principles and details of the subject under the guidance and instruction of the module leader. 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.

 22

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
  • 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

  • Develop the ability to interpret legal rules and employ techniques of legal reasoning competently and efficiently in order to offer a range of solutions and conclusions to actual or hypothetical complex legal problems, all supported by relevant academic literature, jurisprudence and legislative research. Such solutions will be clearly communicated and presented
  • Develop the ability to analyse complex legal issues, set against the background of the political, social, economic or cultural contexts in which they may arise
  • Develop those skills which are necessary for scholarship and research in legal subjects, namely the ability to identify relevant primary and secondary legal sources and to retrieve accurate legal information using paper and electronic sources

Resources

Courses including this module

Optional in courses: