| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 103 === The spending on government procurement of each country per year is substantial. For many WTO (World Trade Organization) members, government procurement is generally ten to fifteen percent of a country's gross domestic product (GDP). Because the significant impact on a nation’s economy, the early procurement laws were protective of its domestic industry. However, as international trade being more frequently, considerable international attention is drawn on these discriminatory measures. Accordingly, a nation’s Government Procurement becomes not only a domestic issue but a global one. The WTO Government Procurement Committee adopted our accession to the GPA on December 9, 2008. The Executive Yuan approved our accession bill to the GPA on December 25, 2008, and referred it to the Legislative Yuan for review on December 26, 2008. It was ratified by the President on June 8, 2009. The GPA shall enter into force on the 30th day（July 15, 2009）following the date （June 15, 2009）on which the instrument of accession has been received by the Director-General of the WTO.
At the same time, the negotiation to refine the existing plurilateral government procurement agreement, the GPA parties have never ceased its effort on this subject. Within years of the implementation of GPA 1994, the GPA parties initiated the renegotiation of the Agreement according to a built-in provision of the 1994 Agreement. The outcome of the negotiations was formally adopted in March 2012. The revised Agreement consequently entered into force on 6 April 2014. Even though it appears that the content between the1994 and 2012 Agreement are almost identical, but there are in fact substantial difference. In order to comprehend the merit and value of the revised agreement in 2012, the article first studies the developments of the WTO Government Procurement regulation and the mandate of each working group under the WTO GPA. The impact of current multilateral rules and the general role and history of the WTO are reviewed in detail. There is a need to further study how to define government entity and he government procurement in the agreement, to classify applicable transactions to the GPA, as well as to settle disputes happened in applying the GPA. This article also reviews and compares the content of government procurement law in R.O.C. After that, we investigate the significant influence on the majority of regional trade agreement (RTAs) that have been notified to the WTO in recent years contain provisions on government procurement. Finally, through examinations on the regulations and applicability of the GPA, we expect this study will provide guidelines for our government to make beneficial policies to itself as well as to our domestic industry.
|
|---|
