RCEP Government Procurement Chapters' soft method
April 27, 2022 08:19 Source: "China Social Sciences" April 27, 2022 Total 2396 Author: Guo Chenglong

As the world's largest free trade agreement,The official effectiveness and implementation of the Regional Comprehensive Economic Partnership Agreement (RCEP) have attracted widespread attention from all parties。Where,Most of the attention focuses on the high -level market access commitment made by the participants of RCEP.,But such as RCEP 16 (government procurement) and other related content arranged by only the design and working mechanism arrangement of the framework of the soft rules。Dested,Although there are only 8 clauses in RCEP 16,The principles of the two levels of transparency and cooperation are mainly limited to,No clear binding force,But the good government procurement management concepts and rules demonstration effects contained in it,and the important value of guiding the international government's procurement market,It is also worthy of our cherish。

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Government procurement as an important part of the national economy,Usually, it will account for 10%-15%of a country's GDP,So,The scale of the global government procurement market is huge,The huge potential of unlimited business opportunities and the development of global economic and trade development,More and more attention from countries and international organizations。This is also WTO so much importance to government procurement issues,and specially passed a special trade agreement- "Government Procurement Agreement" (GPA),Fair competition、The rules of free trade introduced the field of international government procurement。But for a long time,GPA's contracted parties,Except for a few developing countries,Most of them are developed economies with old qualifications,Many other WTO members and even some developed bet365 Play online games economies have not showed much interest in joining GPA,GPA has always been known as the famous "Wells Fargo Club" under the WTO framework。New GPA new text in 2012 increased a lot of flexibility,One of its important purposes is to attract and facilitate the development of more and more developed economies and even the most developed economies.。But,The actual progress in this area is very slow,Among the BRICS countries that GPA contractors are most concerned about,Only China is actively joining negotiations。Most other developing countries still use the government procurement market as an effective tool for supporting the development of the country,The willingness to join the GPA is not strong。

Under the WTO item, it is promoted to develop countries to join the GPA.,The government procurement market open mechanism established under the framework of the Free Trade Agreement (FTA) is particularly eye -catching。The United States and the European Union as the two GPA participants with the world's largest government procurement market,In recent years, each leading has reached a series of bilateral or regional FTA with high -level open government procurement market related content。But in view of the sensitivity of the government procurement trade itself,Difficulties in the rules of the majority of developing countries are difficult to accept this strong legal binding force,So,FTAs ​​led in Asia in the past usually exclude government procurement clauses。Traditionally,Government procurement has been used by governments to promote its economic growth and employment、Protect domestic industry、Important policy tools for realizing the strategy of economic and social development in the country,Especially when the external international environment is deteriorated or the national economic operation encounters major dilemma,The demand for government procurement policy support and retaining the domestic market will increase sharply。In this sense,RCEP By bet365 live casino games using the soft rules framework, the level of national conditions and development is far into the government procurement chapter,Itself has a significant and special meaning。RCEP members have developed countries,There is also Cambodia、Laos and Myanmar developing countries。Economic System among members、Development level、In the case of huge differences in scale and volume,RCEP provides a government procurement system framework for different economic levels and political and legal environments in non -compulsory ways,Related content has also become an important reference for other countries to formulate corresponding economic and trade laws,This can be used to gradually promote the establishment of a diverse new government procurement market access cooperation and governance model with the flexibility and efficiency advantages of these international soft laws。

GPA through the RCEP government procurement chapter design model can affect more FTA,This means to a certain extent,Many developing countries are currently traveled outside the GPA,But in fact,They have accepted and even promised to implement the rules of GPA through the regional or bilateral economic and trade agreement,It will also gradually increase the willingness of WTO members to join GPA。At the same time,This also indicates that large FTAs ​​have become important platforms and paths for many countries to reshape the global multilateral trading system and establish an open rules for the opening of the government procurement market in accordance with their own standards。Under the situation where the current WTO multilateral negotiations are difficult,RCEP to introduce international government procurement rules to help enhance the penetration and exemplary impact of GPA on other international agreements,It helps GPA to play an important value of its future international economic and trade system,Give play to the international development and fairness of the government procurement market、Basic effects in bet365 best casino games the formation of transparent and non -discriminated government procurement market environment。

  Consensus from all parties to the consensus of good governance concepts and rules of GPA

Look at the free trade agreement signed by the United States and Europe in recent years,As the leading party, when selecting regional cooperative members,countries often consciously choose countries with higher consideration or increased consideration or improve their national political security and economic benefits,Through strength、authority、Talk rights and other methods to try to achieve the so -called "peer" or "fair"。Compared with it,The parties of RCEP are in historical culture、The level of economic development is far from the degree of rule of law,The complexity and difficulty of reaching the agreement are much larger。Especially in the sensitive issue bet365 best casino games of government procurement,It is not easy to incorporate it into the negotiating framework,The cycle of reaching the hard method may be longer,and the possibility of governance cost and failure is higher,So,Need to improve the tolerance and flexibility of the governance mode。Conclusion is relatively simple、The relatively flexible international soft law has a high degree of demand compliance。A set of non -formal legal binding force by introducing the jointly recognized by all parties but includes substantive behavioral guidelines,and the principles and specifications that can have practical impact on the cooperative participants,It can continuously improve the country under GPA items,Acknowledgment and consensus on good management concepts of government procurement markets such as transparency and corruption governance。

Given that the members of RCEP are basically countries along the “Belt and Road”,This model also has a great reference effect and specimen value for the construction of the international rules system along the “Belt and Road” in my country。At the same time,Help promotes the policy docking bet365 best casino games of government procurement issues。RCEP Chapter 16 Article 3 proposes to build information sharing cooperation mechanisms on government procurement related matters。Follow -up can promote the formation of a fixed governance dialogue platform,Through full communication and active consultation,Properly deal with cognitive differences,Never enrich the content of the dialogue,Discussion on the content of the government procurement market and the best practice of legal supervision。On the basis of fully considering the attention and demands of all parties,Promote the exchange and unity of government procurement policies from all parties,Reduce the cost and potential risk of future rules upgrade negotiations,Then the GPA -type international government procurement standards are gradually exported to the major developing countries with underdeveloped procurement systems,Especially the “Belt and Road” area,Improve the overall business environment along the line。

In fact,GPA In addition to strengthening market access in the field bet365 best casino games of government procurement through rigorous rules' constraints and bidding commitments,It has also established a soft constraint framework through a series of work solutions,Promote and strengthen transparency、Good governance concepts and practice in unity and corruption control。RCEP Government Procurement Chapter can be regarded as an attempt of such work plans and ideas in FTA,GPA surpasses the classic international trade law based on market access,It also makes the important value of GPA development surpassed the meaning of government procurement as an economic activity,The benign accumulation effect of "global public products" was generated。

  Exploring my country's mode of opening the government procurement market under the FTA framework

In the past, my country has always insisted on completing the GPA negotiation,Consider opening the government procurement market in the FTA of the FTA,So,Rarely involved government procurement issues in bilateral and regional economic and trade arrangements。But in recent years, a large number of FTA related to government procurement Bet365 app download has appeared,In addition, the negotiation prospects on multilateral occasions are unclear,Let us realize,Joining GPA is not the only way to participate in the creation of international government procurement rules。In view of the FTA negotiations, emphasizing the balance of rights and obligations and the equivalent of all parties in the market openness,China should pay close attention to and grasp the development trend of international government procurement rules,You can consider not being stuck in the GPA framework,In FTA negotiations outside the multilateral mechanism,Actively introduce the content bet365 best casino games of government procurement,Explore the opening of the government procurement market。and,In the strategic advancement of the free trade zone,It can give priority to choosing an attempt to open up the government procurement market with a relatively competitive advantage in my country or a complementary advantage with my country's industry,Avoid the impact of excessive range and high degree of openness.。Now,RCEP government procurement chapter has created a good precedent for us,Next, you can use the formal effective implementation of RCEP,Push the unity of relevant rules and concepts between important trading partners inside and outside the region。This will help expand the possible path of the government procurement market in the FTA negotiating in my country in the future,Active exploration、Promote the possibility of opening up the relevant government procurement market along the “Belt and Road”、Method and related rules formulate,Increase the opportunity and practical experience in the future to participate in the formulation and lead international rules,Gradually establish a rule system that is conducive to developing countries participating in the international government procurement market。

  (Author Unit: Business School of Renmin University of China)

Editor in charge: Chen Jing
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