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Selective adaptation of international procurement rules in the local context: Implications for reforming China's bid challenge procedures
Chao Wang
2016-04-04
Source PublicationChinese Journal of Comparative Law
ISSN2050-4802
Volume4Issue:1Pages:172-198
Abstract

China is currently negotiating to join the World Trade Organization's (WTO) Agreement on Government Procurement (GPA), having committed to these negotiations upon its accession to the WTO in 2001. The literature suggests that the local judicial system in China will bring challenges to the implementation of the GPA in terms of its effectiveness in providing judicial remedy to aggrieved suppliers. On the other hand, the GPA accession may provide some outside leverage that will enhance local institutional capacity. Drawing on the paradigm of selective adaptation, this article will examine to what extent international procurement rules, as set out in the GPA, can be adapted into China's local context. To tackle the issue of a weak judiciary, which might undermine the treaty's compliance, the author suggests that a model of an independent review body might be introduced as a reformed bid challenge procedure in government procurement law, which would be compatible with the GPA's requirements. From the comparative law perspective, the paradigm of selective adaptation reveals how local interpretation and implementation of international treaty standards are affected by normative perspectives derived from perception, complementarity, and legitimacy.

KeywordBid Challenge Procedures China Government Procurement Law Reform Gpa Selective Adaptation Wto
DOI10.1093/cjcl/cxw004
URLView the original
Indexed ByESCI
Language英語English
PublisherOxford University Press
Scopus ID2-s2.0-85044220378
Fulltext Access
Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorChao Wang
AffiliationFaculty of Law,E32-2047,University of Macau,Avenida da Universidade,Taipa,Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Chao Wang. Selective adaptation of international procurement rules in the local context: Implications for reforming China's bid challenge procedures[J]. Chinese Journal of Comparative Law, 2016, 4(1), 172-198.
APA Chao Wang.(2016). Selective adaptation of international procurement rules in the local context: Implications for reforming China's bid challenge procedures. Chinese Journal of Comparative Law, 4(1), 172-198.
MLA Chao Wang."Selective adaptation of international procurement rules in the local context: Implications for reforming China's bid challenge procedures".Chinese Journal of Comparative Law 4.1(2016):172-198.
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