Public Procurement Law
| Code | School | Level | Credits | Semesters |
| LAWW4019 | Law | 4 | 15 | Autumn UK |
- Code
- LAWW4019
- School
- Law
- Level
- 4
- Credits
- 15
- Semesters
- Autumn UK
Summary
This module examines issues relating to the regulation of public procurement from perspectives other than trade liberalisation. Issues covered include the pursuit of value for money through competition; avoidance of corruption; outsourcing; and procurement for privately-financed infrastructure projects. The module pays particular attention to the UNCITRAL Model Law on procurement and the procurement rules for developing countries' projects financed by the World Bank.
Target Students
Only available to PGT students within the School of Law and exchange students hosted by the School of Law.
Classes
This module is taught in lecture format.
Assessment
- 100% Coursework: 15 pages
Assessed by end of autumn semester
Educational Aims
This module is designed to teach LLM students the objectives and principles of public procurement regulation, and the content of regulatory rules that govern the award of public procurement contracts by reference to the UNCITRAL Model Law on Procurement of Public Procurement 2011 (Model Law). The module first examines certain basic concepts in procurement regulation. In particular, we will consider:i) The objectives of regulatory provisions, such as value for money, integrity, accountability, social development and procedural efficiency, and their relationship with each other;and;ii) the key principles of transparency and competition through which the above objectives are often implemented. The module then considers how these objectives and principles are treated in designing regulatory rules on awarding procurement contracts. Here we will consider: (Briefly) the scope of public procurement rules; Procurement methods; The conduct of open tendering, including rules on specifications; Supplier review procedures. We will consider how the UNCITRAL Model Law treats these issues, why that is so, and possible alternative approaches. We will also occasionally illustrate issues by referring not only to the UNCITRAL Model Law but also (by way of example of, or contrast to, the UNCITRAL approach) to the treatment of those issues in specific legal systems.Learning Outcomes
Knowledge and Understanding:
By the end of the module, students will have knowledge and understanding of;
- the different objectives of regulatory systems on public procurement and the theoretical and practical relationship between them;
- the various options available for regulating public procurement to achieve different objectives and the advantages and disadvantages of specific regulatory means and techniques in achieving different procurement objectives;
- the various options for enforcing regulatory rules on public procurement;
- how procurement practice is affected by regulatory provisions;
- the risks created for procurement practice by regulatory provisions in a range of systems, and of strategies to address the risks presented in those systems.
Skills:
By the end of the module, students will have developed their skills in;
- utilising the skills of legal analysis, such as categorising, generalising, distinguishing, and identifying contradiction and inconsistency;
- applying legal knowledge to a legal problem and drawing reasoned and arguable conclusions supported by legal authority;
- identifying accurately the legal issues arising in a problem;
- identifying accurately the strategic issues arising in a problem;
- synthesising information from a number of primary and secondary legal sources to appreciate their relative value;
- synthesising the relevant doctrine and policy in relation to a topic;
- making a critical judgement of the merits of particular arguments and making a reasoned choice between alternative solutions or arguments;
- working independently, demonstrating initiative, self-organisation and time management.