Awards

• Commended for Inner Temple Book Prize 2008.
• Winner of SHORTLISTED FOR THE 2008 INNER TEMPLE BOOK PRIZE.

Overview

Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists - on the grounds of inefficiency - and lawyers - on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate, and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.

Full Product Details

Author:   Christopher McCrudden (, Professor of Human Rights Law and Fellow of Lincoln College, University of Oxford)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.00cm , Height: 4.00cm , Length: 23.50cm
Weight:   1.094kg
ISBN:  

9780199232437

ISBN 10:   0199232431
Pages:   736
Publication Date:   13 September 2007
Audience:   College/higher education ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: What is this book about? Part I: Preliminaries 2: Roots 3: Status Equality Law and Policy 4: International and European Procurement Regulation 5: Buying Social Justice? Part II: The World Trade Organization and procurement linkages 6: Contract compliance in the United States and Canada 7: Set-asides in the United States, Canada 8: Evolution of the Government Procurement Agreement Model and procurement linkages 9: Procurement linkages and developing countries Part III: Equality Linkages and the European Community 10: Procurement linkages and the 1980s reform of EC procurement regulation 11: Domestic procurement linkages during the 1990s and the chilling effect of European procurement regulation 12: Changing approaches to procurement linkages in the Community and beyond 13: Expansion of equality linkages in the Member States 14: Procurement linkages and the 2003 legislative reforms: a modus vivendi in sight? Part IV: Interpretation 15: Interpreting the Government Procurement Agreement 16: EC public procurement law and equality linkages: foundations for interpretation 17: European public procurement law and equality linkages: government as consumer, government as regulator Part V: Conclusions 18: Reconciling social and economic approaches to public procurement

Reviews

Buying Social Justiceis authoritative, well-written, well-argued and a major contribution to the literature on regulation, equality and human rights. It focuses much needed attention on a key area of government activity, whose potential use as an instrument of social policy has been chronically disregarded in the United Kingdom since the Thatcherite reforms of the 1980s. It also makes a powerful case for the potential for procurement linkages to be used to advance social justice, while also making the wider claim that economic tools such as procurement can be used as instruments of social change without risking the commodification of equality as a value...It will inevitably become a major point of reference in this field throughout Europe and North America: no other text on this topic comes close to matching the range and authority of this book. Colm P. O'Cinneide, Public Law ... highly original and immensely rich ... Drawing on international economic law, human rights doctrine, normative theory, and an astonishingly thorough analysis of relevant regional and domestic law, Professor McCrudden provides a rewarding treatment of the challenges associated with the transnational and comparative problems of regulating governmental contracting ... by undertaking such a comprehensive and analytically sophisticated study, Professor McCrudden is helping to forge what will likely become a major new field at the intersection of international law, social policy, and governance ... [he] has taken a major theoretical step in helping us understand the challenges and opportunities that will arise as international law grapples with the public problems posed by partially privatized nation states. Prof. Oren Gross, University of Minnesota Law School (ASIL Awards Committee Report)

Author Information

Christopher McCrudden is Professor of Human Rights Law and Fellow of Lincoln College, University of Oxford

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