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Public Procurement and Human Rights
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Public Procurement and Human Rights

Opportunities, Risks and Dilemmas for the State as Buyer

9781788116305 Edward Elgar Publishing
Edited by Olga Martin-Ortega, Professor of International Law and Director of the Business, Human Rights and the Environment Research Group (BHRE), School of Law, University of Greenwich, UK and Claire Methven O’Brien, Chief Adviser, Human Rights and Business, Danish Institute for Human Rights, Denmark and Honorary Lecturer, School of Management, University of St Andrews, UK
Publication Date: 2019 ISBN: 978 1 78811 630 5 Extent: 272 pp
This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.

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Critical Acclaim
Contributors
Contents
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Important new policy frameworks call on governments to ensure respect for human rights by businesses and to secure a transition to sustainable consumption. Public procurement accounts for a significant share of the global economy, and nearly 30% of government expenditure across OECD countries. But what are the obligations of the state to protect human rights when it acts as a buyer? And how can procurement be used to drive respect for human rights amongst government suppliers? This engaging book reflects on these important questions, from the dual disciplinary perspectives of public procurement and human rights.

Through legal analysis and practice-focused case studies, the expert contributors interrogate the role and potential of public procurement as a driver for responsible business conduct. Highlighting the character of public procurement as an interface for multiple normative regimes and competing policies, the book advances a compelling case for a shift to a new paradigm of sustainable procurement that embraces human rights as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.

Topical and thought-provoking, Public Procurement and Human Rights will be an essential read for academics and students of human rights law, public procurement law, and business and human rights, as well as practitioners in public procurement and sustainability, and government officials.
Critical Acclaim
‘Olga Martin-Ortega and Claire Methven O’Brien have collected the most sophisticated legal analyses of the different issues faced when considering human rights in buying procedures as they arise in different legal environments. They have included deeply thought through case studies on actual practices already at work in most relevant sectors such as electronics and apparel. This book will enlighten academics and policy-makers and help practitioners. Overall, it is conveying a very important message: human rights must be taken seriously in public procurement procedures!’
– Roberto Caranta, University of Turin, Italy
Contributors
Contributors: B.S. Claeson, E. Conlon, C. Emberson, P. Göthberg, O. Martin-Ortega, A. Marx, C. Methven O’Brien, C. Nicholas, O. Outhwaite, G. Quinot, D. Russo, A. Sanchez-Graells, J. Sinclair, R. Stumberg, A. Trautrims, N. Vander Meulen, S. Williams-Elegbe
Contents
Contents:

Editors’ preface
PART I INTRODUCTION
1. Public procurement and human rights: interrogating the role of the state as buyer
Olga Martin-Ortega and Claire Methven O’Brien

PART II FRAMEWORKS AND ACTORS
2. Human rights and national procurement rules in the World Trade Organization Agreement on Government Procurement
Opi Outhwaite

3. Human rights in the context of public procurements financed by the World Bank
Sope Williams-Elegbe

4. The human rights responsibilities of international organizations as procuring authorities
Deborah Russo

5. Constitutionalising public procurement through human rights: lessons from South Africa
Geo Quinot

6. Public procurement and ‘core’ human rights: a sketch of the European Union legal framework
Albert Sanchez-Graells

7. Civil liability for abuses of ILO core labour rights in European Union government supply chains: Ireland as a case study
Eamonn Conlon

8. Public procurement and human rights: current role and potential of voluntary sustainability standards
Axel Marx

PART III OPPORTUNITIES AND CHALLENGES: INSIGHTS FROM PRACTICE
9. Outsourcing and bonded labour in military and diplomatic security services
James Sinclair

10. Public procurement and human rights in the healthcare sector: the Swedish county councils’ collaborative model
Pauline Göthberg

11. Public procurement and modern slavery risks in the English adult social care sector
Caroline Emberson and Alexander Trautrims

12. Making rights effective in public procurement supply chains: lessons from the electronics sector
Björn Skorpen Claeson

13. Supply chain transparency in public procurement: lessons from the apparel sector
Robert Stumberg and Nicole Vander Meulen

PART IV CONCLUSION
14 Public procurement and human rights: towards legal and policy coherence in pursuit of sustainable market economies
Claire Methven O’Brien and Olga Martin-Ortega

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78811 631 2
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