Sue Arrowsmith

Bio: Sue Arrowsmith is an academic researcher from University of Nottingham. The author has contributed to research in topics: Procurement & Government procurement. The author has an hindex of 18, co-authored 54 publications receiving 1137 citations. Previous affiliations of Sue Arrowsmith include Aberystwyth University.

The Law of Public and Utilities Procurement

Abstract: The Common Law and Statutory Framework * EC Procurement Policy and its Implementation in National Law * Procurement under the EC Treaty * The Public Sector Rules: Who is Contracting Authority, Contracts Covered, Open and Restricted Procedures, Negotiated Procedure with a Notice, Negotiated Procedure without a Notice, Competitive Dialogue, Qualification, Special Procedures * Framework Arrangements * Information Provisions under the Public Sector Rules * The Utilities Rules: Scope, Award Procedures * The EC Rules on Specifications * Electronic Procurement * Industrial Social and Environmental Concerns * Third-Country Relations * Remedies and Enforcement

Regulating Public Procurement, National and International Perspectives

Abstract: Because of its enormous economic power and susceptibility to corruption, public procurement - the purchase by government of goods and services - has come under increasing regulation as world trade expands. Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy. This work should educate government officials, trade lawyers, and students in how to comply with existing and emerging regulatory schemes as they: select a contractor and plan the contract, with detailed attention to terms, conditions and specifications; allow for national security, national industrial development, and environmental protection; get value for money and avoid waste of public funds; publicize contracts; combat corruption; secure successful completion of contracts; balance pressures to buy from domestic sources with the economic benefits of international competition; harness procurement power to promote social and environmental goals; enforce compliance with public procurement rules; and recognize circumstances under which discretion-based (rather than rules-based) initiatives may be more effective.

Horizontal policies in public procurement: a taxonomy

Abstract: Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This article elaborates a detailed taxonomy of such “horizontal” policies. This study is valuable, first, to facilitate analysis of the practical phenomenon of horizontal policies and of the policy implications of different approaches and, second, to illuminate and develop the relevant regulatory frameworks under national and international regimes. The taxonomy is based on three key distinctions between the following: 1. policies limited to securing compliance with legal requirements and those that go beyond such requirements; 2. policies applied only to the contract awarded and those that go beyond it; and 3. nine different mechanisms by which policies are implemented in the procurement process.

Public procurement : the continuing revolution

Abstract: Part I: Establishing and reforming public procurement systems. 1. Setting up a public procurement system: the six-step method C. Walker. 2. Obstacles to public procurement reform in developing countries R.R. Hunja. 3.On globalisation and government procurement J.I. Schwartz. 4. The establishment and development of a public procurement system for Kosovo E. Pisell. 5. China's government procurement reform: from the Bidding Law to the Government Procurement Law Fuguo Cao. 6. Enforcement of public procurement rules in China Jingbin Tian. 7. The experience of centralised enforcement in Poland M. Lemke. Part II: New perspectives and approaches in procurement regulation. 8. Commercial purchasing: the chasm between the United States government's evolving policy and practice S. Schooner. 9. Reforms in procurement policy and their prospects F. Anechiarico. 10. Problems of using partnering and similar private sector practice in the public sector environment: the example of PPPs/PFI K. Hartley. 11. Best Value: a new approach in the UK P. Badcoe. 12. European governance in the procurement area: re-thinking the regulatory framework A. Haagsma. Part III: The regulation of public procurement in international trade. 13. Home-based government procurement and international trade: descriptive statistics, theory and empirical evidence F. Trionfett. 14. The WTO transparency agenda: law, economics and international relations theory J. Linarelli. 15. Transparency in international procurement regimes: what can we expect? S.J. Evenett, B.M. Hoekman.

Social and environmental policies in EC procurement law : new directives and new directions

Abstract: 1. Public procurement and horizontal policies in EC law: general principles Sue Arrowsmith and Peter Kunzlik 2. EC regulation of public procurement Sue Arrowsmith and Peter Kunzlik 3. A taxonomy of horizontal policies in public procurement Sue Arrowsmith 4. Application of the EC Treaty and directives to horizontal policies: a critical review Sue Arrowsmith 5. The impact of the EC state aid rules on horizontal policies in public procurement Hans-Joachim Priess and Moritz Graf von Merveldt 6. EC public procurement law and equality linkages: foundations for interpretation Christopher McCrudden 7. Disability issues in public procurement Rosemary Boyle 8. The legality of SME development policies under EC procurement law Nicholas Hatzis 9. The procurement of 'green' energy Peter Kunzlik 10. Reconciling national autonomy and trade integration in the context of eco-labelling Dan Wilsher 11. CSR in the utilities sector and the implications of EC procurement policy: a framework for debate Sue Arrowsmith and Colin Maund 12. Co-ordinating public procurement to support EU objectives - a first step? The case of exclusions for serious criminal offences Sope Williams.

The Market for Virtue: The Potential and Limits of Corporate Social Responsibility

Abstract: The Market for Virtue: The Potential and Limits of Corporate Social Responsibility. By David Vogel. Washington, DC: The Brookings Institute, 2005. 222p. $28.95.Is there a “market for virtue”? If so, what can it do, and what can it not do to improve our world? In his incisive new book, David Vogel takes aim at these questions and the now-fashionable claim that there is a business case for corporate social responsibility (CSR). He concludes that there is no business case that can be generalized to all firms per se, but there is a political case for broadening what we mean by that much-used term.

Using public procurement to achieve social outcomes

Abstract: The use of public procurement to achieve social outcomes is widespread, but detailed information about how it operates is often sketchy and difficult to find. This article is essentially a mapping exercise, describing the history and current use of government contracting as a tool of social regulation, what the author calls the issue of ‘linkage’. The article considers the popularity of linkage in the 19 th century in Europe and North America, particularly in dealing with issues of labour standards and unemployment. The use of linkage expanded during the 20 th century, initially to include the provision of employment opportunities to disabled workers. During and after World War II, the use of linkage became particularly important in the United States in addressing racial equality, in the requirements for non-discrimination in contracts, and in affirmative action and set-asides for minority businesses. Subsequently, the role of procurement spread both in its geographical coverage and in the subject areas of social policy that it was used to promote. The article considers examples of the use of procurement to promote equality on the basis of ethnicity and gender drawn from Malaysia, South Africa, Canada, and the European Community. More recently, procurement has been used as an instrument to promote human rights transnationally, also by international organizations such as the International Labour Organisation. The article includes some reflections on the relationship between ‘green’ procurement, ‘social’ procurement, and sustainable development, and recent attempts to develop the concept of ‘sustainable procurement.’