Fighting Corruption in Public Procurement: A Comparative Analysis of Disqualification or Debarment Measures (Studies in International Law)

Williams-Elegbe, Sope

ISBN 10: 1849460205 / ISBN 13: 9781849460200

Published by Hart Publishing (edition ), 2012

About this Item

It's a well-cared-for item that has seen limited use. The item may show minor signs of wear. All the text is legible, with all pages included. It may have slight markings and/or highlighting.

Seller Inventory # 1849460205-8-1

Bibliographic Details

• Title: Fighting Corruption in Public Procurement: A Comparative Analysis of Disqualification or Debarment Measures (Studies in International Law)
• Publisher: Hart Publishing (edition )
• Publication Date: 2012
• Language: English
• ISBN 10: 1849460205
• ISBN 13: 9781849460200
• Binding: Hardcover
• Condition: Very Good

About this title

Synopsis

Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts.
This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts.
The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.

About the Author

Sope Williams is Professor of Public Procurement Law and the deputy director of the African Procurement Law Unit at Stellenbosch University, South Africa. She is an expert in anti-corruption law, public procurement law, procurement in the multilateral development banks, gender-responsive procurement, and sustainable public procurement.