n Acta Juridica - Social policy choices and the international and national law of government procurement : South Africa as a case study : commercial aspects of global administrative law : part II

Volume 2009, Issue 1
  • ISSN : 0065-1346
  • E-ISSN: 1996-2088



My recently published book, , examines how governments use their to advance conceptions of social justice and human rights, particularly equality and non-discrimination goals. Throughout the book I use the term 'linkage' to describe this particular use of procurement. Let me give just one example: in India there is currently an important domestic debate about whether to extend the system of public sector employment reservations (affirmative action) for lower castes into private sector employment, particularly given that the public sector is shrinking and the private sector is expanding. One of the options being considered by federal and state governments is whether to require such reservations through public procurement. That is, whether to require those firms receiving government contracts to adopt such reservations. This is one example of what I mean by 'linkage'. In this paper, based substantially on parts of the book, I examine the relationship between these domestic social policy choices and international rules on government procurement, with particular reference to the position in South Africa, up to mid-2006. I have not significantly updated this research, and the discussion should therefore be viewed as a case study up to that date.

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