Toelaatbaarheid sociale criteria in het licht van WTO-recht

May 27, 2008 - Jul 23, 2008

Project description

The project examined both ILO and WTO law. With respect to ILO law, attention was focused on the eight so-called fundamental conventions. Subsequently, it was examined whether applying these norms in procurement decisions would be inconsistent with WTO law. To this end, WTO law was analysed extensively, including the GATT 1994, GATS and the Agreement on Government Procurement. Attention was then drawn to the non-discrimination provisions and to the exceptions provision. In the final report, it was concluded that both arguments in favour and against using social criteria in government procurement may be drawn from WTO, which may inform the policy to be adopted

Topic

Analyzing
Reporting

Objective

- Advising Senter Novem as to the compatibility of so-called social criteria with WTO law. Senter Novem desired to know whether using social criteria in the procurement decisions of Dutch governmental institutions would fall foul of WTO law. The use of social criteria was seen as desirable so as to improve labour conditions in developing countries