Government procurement following the Australia US Free Trade Agreement - is Australia complying with its obligations to provide remedies to unsuccessful tenderers?

Cassimatis, Anthony E. (2008) Government procurement following the Australia US Free Trade Agreement - is Australia complying with its obligations to provide remedies to unsuccessful tenderers?. Sydney Law Review, 30 3: 412-438.

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Author Cassimatis, Anthony E.
Title Government procurement following the Australia US Free Trade Agreement - is Australia complying with its obligations to provide remedies to unsuccessful tenderers?
Journal name Sydney Law Review   Check publisher's open access policy
ISSN 0082-0512
Publication date 2008-09
Sub-type Article (original research)
Volume 30
Issue 3
Start page 412
End page 438
Total pages 27
Editor David Rolph
Place of publication Sydney, Australia
Publisher Law Book Company
Collection year 2009
Language eng
Subject C1
180103 Administrative Law
180117 International Trade Law
940406 Legal Processes
Abstract Chapter 15 of the Australia United States Free Trade Agreement ('AUSFTA')refers to the possibility, in a government procurement dispute, of suspension of a 'contract award or the performance of a contract that has already been awarded'. The existence of an international obligation under the AUSFTA to provide such remedies to disappointed tenderers from the US would raise serious questions regarding Australia's compliance with the AUSFTA. This article reviews the government procurement chapter of the treaty and assesses the legal position facing Australia in relation to the provision of such remedies. Given that noncompliance with the AUSFTA can give rise to retaliation by the other treaty party and that retaliation need not be limited to the sector implicated (in this case procurement) in the initial violation, this article addresses an issue of potential importance beyond the field of government procurement.
Keyword AUSFTA
Free trade agreement
Q-Index Code C1
Q-Index Status Confirmed Code

 
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Created: Tue, 14 Apr 2009, 16:57:26 EST