Tied aid and development aid procurement in the framework of EU and WTO law : the imperative for change
Author(s)
Bibliographic Information
Tied aid and development aid procurement in the framework of EU and WTO law : the imperative for change
(Studies in international trade law, v. 15)
Hart, 2013
Available at 4 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. [444]-460) and index
Description and Table of Contents
Description
This book is the first legal treatment of tied aid and examines in detail the compatibility of tied aid with EU and WTO law. The workings of the aid projects and aid procurement systems of donor countries granting bilateral aid are fully examined through case studies from the UK, Italy, the EU and the US.
Tied aid refers to aid granted to developing countries on condition that goods and services for the aid-financed projects are purchased from the donor country only. The recipient country, in order to receive the grant or the loan, has no other choice but to fulfil the condition imposed by the donor. Economists have shown that tying aid undermines the effectiveness of aid. It leads to higher costs paid for the goods and services purchased and the distortion of the nature of the aid. Further, tying frustrates the potential of aid to foster trade between developing countries - in many of these countries public bodies and, in particular, aid-financed projects are major potential outlets for trade between neighbouring states. The importance of tied aid has been pointed out in economic literature but there is surprisingly little written on the legal aspects of tied aid practices and this book seeks to fill this major gap in the literature.
The book is of interest to academics in the field of EU and WTO law, NGOs and practitioners working both in the field of public procurement and development policies.
Table of Contents
Introduction
1. Tied Aid
2. Scope and Objectives of the Book
3. Outline of the Book
4. Concluding Comments
Part I: Tied Aid in Context
1. Tied Aid and Poverty Alleviation: Contradictions and Inefficiencies of Benefactors' Development Cooperation Policies
1. Introduction
2. Poverty Eradication and Development Aid
3. Tied Aid Practices
4. Conclusions
2. Food Aid
1. Introduction
2. Hunger and Food Aid
3. Food Aid: Definition, Donations and Modalities of Distribution
4. Tied Food Aid: Definition, Data and Costs
5. Tied Aid and the Renewal of the UN Food Aid Convention
6. The World Food Programme
7. Conclusions
3. International Steps to Untie Aid: Ten Years since the Recommendation on Untying Aid
1. Introduction
2. International Initiatives to Untie Aid: Forty Years of Negotiations to Make Aid More Effective
3. A Thorough Scrutiny of the OECD/DAC Recommendation's Text
4. Assessment and Conclusions
4. Tied Aid: The Example of Italy
1. Introduction
2. An Overview of the Italian Development Cooperation System
3. Italy's Stand on Tied Aid and the Legal Foundations of Tied Aid Conditions
4. Aid in Practice: Procurement Procedures and Tied Aid Projects
5. Assessment, Conclusions and Future Prospects
5. Tied Aid: The Example of the UK
1. Introduction
2. Development Cooperation in the UK
3. Tied/Untied Aid Practices in the UK
4. The Aid Procurement Process: The Rules Applied
5. The Impact of the Untied Aid Policy
6. Conclusions
6. Tied Aid: The Rules on Access to EU External Assistance
1. Introduction
2. EU Development Cooperation Policies: An Overview
3. The EU Legislative Measures for Untying EU Aid
4. Conclusions
7. Tied Aid: The Example of the USA
1. Introduction
2. US Aid Programmes: A Brief Overview
3. USAID: Eligibility Rules for Participation in USAID Procurement Aid Contracts
4. US Food Aid Programmes and Tied Aid
5. The Millennium Challenge Corporation
6. Conclusions
Part II: Tied Aid and the EU
8. Tied Aid and the External Competences of the EU
1. Introduction
2. Setting the Framework for Discussion: the EU's External Action Competences, Development Aid Procurement and Tied Aid
3. Interaction between the CCP and other EU External Competences
4. Development Cooperation
5. Conclusions
9. The Single Market and Tied Aid
1. Introduction
2. The Single Market and Public Procurement: An Overview
3. The Commission's Stance on the Legality of Tied Aid
4. Tied Aid Practices and the Free Movement Provisions
5. Tied Aid and the Treaty Provisions on State Aid
6. Conclusions
10. Tied Aid Procurement and the EU Public Procurement Directives
1. Introduction
2. Overview of the Public Procurement Directives
3. The Directives' Definition of Contracting Authorities and Aid Procuring Entities
4. Possible Factors Against the Application of the Directives to Aid Procurement Contracts
5. Conclusions
Part III: Tied Aid and the WTO
11. Tied Aid and the WTO
1. Introduction
2. Tied Aid and the Objectives and Principles of the WTO
3. Tied Aid within GATT and GATS
4. Tied Aid and the Subsidies and Countervailing Measures Agreement
5. The WTO Agreement on Agriculture (AoA) and Tied Aid: State of the Law and Proposals for its Reform
6. Concluding Remarks
12. Tied Aid and the GPA
1. Introduction
2. GPA Coverage
3. General Coverage: Would Aid-Funded Procurement be Covered but for the International Assistance and Aid
Exception?
4. Concluding Remarks: Reflecting on the New Agreement and the Exclusion for Development Aid Procurement
13. Conclusions
by "Nielsen BookData"