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SHORTLISTED FOR THE 2008 INNER TEMPLE BOOK PRIZE
Buying Social Justice
Equality, Government Procurement, & Legal Change
Christopher McCrudden
734 pages
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234x156mm
978-0-19-923243-7
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Paperback
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13 September 2007
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Winner of the Certificate of Merit for a Preeminent Contribution to Creative Scholarship, American Society of International Law
- Offers an original analysis of an undervalued area of social policy - achieving social justice through government spending - refuting criticisms that the practice is inefficient and illegal
- Gives an overview of the legal basis for pursuing social policies in procurement, providing a vital reference point for those involved in the development and operation of procurement policy
- Includes analysis of the impact of regional and international economic integration through the EC and WTO, placing the discussion in the context of debates about the effect of globalization on achieving social justice
- Offers a comparative perspective, looking at the policies pursued and results achieved in the US, UK, Northern Ireland and South Africa
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.Readership: Academics and policy makers in government procurement and social policy. Those interested in the development and effectiveness of anti-discrimination law and equality law and policy, and the impact of global economic regulation on domestic social policy
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Christopher McCrudden, Professor of Human Rights Law and Fellow of Lincoln College, University of Oxford
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"<i>Buying Social Justice</i>is 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)
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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
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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