Regulation of International Construction Contracting Works: Contradictions Between Transnational and National Frameworks

• Main Author: Elvan Gülöksüz
• Format: Article
• Language: English
• Published: KARE Publishing 2020-11-01
• Series: Megaron
• Subjects: construction contracts; export and development funding; government procurement; international construction contracting; transnational regulation.
• Online Access: https://jag.journalagent.com/z4/download_fulltext.asp?pdir=megaron&un=MEGARON-19794

This paper analyzes the regulation of international construction contracting works involving major infrastructure and real estate projects. The focus of the study is the relationship between transnational and national regulation. The basis of the analysis is the notion that different regulatory regimes represent the interests of different segments of capital and that these regimes are shaped by national states trying to meet the multiple demands. In this way, regulatory regimes are viewed as an area where contradictions between segments of capital are negotiated. First, it is argued that the national state and capital segments negotiate transnational regulation both on a national and transnational scale. This argument is based on the examination of the World Trade Organization's Revised Agreement on Government Procurement, the World Bank's New Procurement Framework, the contract forms of the International Federation of Consulting Engineers, and the Public Procurement Law of Turkey. Secondly, it is argued that the integration process of transnational regulation was interrupted as a result of the reluctance of the new state-capital configurations introduced in the twenty-first century to join the transnational regulation regimes. The research is based on analysis of transnational and national regulatory texts, statements and reports from intergovernmental organizations and European industry associations, and interviews with executives of construction, law firms and experts from intergovernmental organizations.