Abstract
With the acknowledgment of environmental protection as an important governmental responsibility, environmental aspects in public procurement have been receiving growing attention in recent years. Governments build schools (and other public buildings) out of wood instead of concrete, hospitals serve food from organic producers and public buses use electricity instead of diesel—all with the aim of protecting the environment. What is generally referred to as “green” public procurement (GPP) is increasingly perceived as a viable way to contribute to environmental protection policies.
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Notes
- 1.
Weber / Menoud, 185.
- 2.
See ex multis, Arrowsmith / Kunzlik, passim; Sjåfjell / Wiesbrock, passim, or Semple 2015, passim.
- 3.
Although some countries have published GPP recommendations for procurement officials, these guidelines typically adopt a practitioner’s perspective and do not elaborate on dogmatic legal aspects.
- 4.
See for example Arrowsmith 2003, Reich 2009, passim; Anderson / Arrowsmith, passim, or Evenett / Hoekman, passim, or Georgopoulos / Hoekman / Mavroidis, passim.
- 5.
See below, next chapter.
- 6.
Appellate Body Report, United States – Final Anti-Dumping Measures on Stainless Steel from Mexico, WT/DS344/AB/R, circulated 30 April 2008 [US – Stainless Steel], 160.
- 7.
Article 3.2 DSU states, inter alia, that the WTO dispute settlement mechanism (DSM) “serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law” (emphasis added).
- 8.
Appellate Body Report, United States – Standards for Reformulated and Conventional Gasoline, WT/DS2/AB/R, adopted 20 May 1996 [US – Gasoline], 17.
- 9.
See e.g. Appellate Body Report, Japan – Taxes on Alcoholic Beverages, WT/DS8/AB/R, WT/DS10/AB/R, WT/DS11/AB/R, adopted 1 November 1996 [ABR, Japan – Alcoholic Beverages II], 11.
- 10.
Schwarzenberger, 219.
- 11.
Gardiner, 186.
- 12.
Appellate Body Report, Canada – Measures Affecting the Export of Civilian Aircraft, WT/DS70/AB/R, adopted 20 August 1999 [ABR, Canada – Aircraft], para. 153.
- 13.
In an environmental context this most importantly concerns multilateral environmental agreements (MEA) or treaties based on the United Nations Framework Convention on Climate Change (UNFCCC).
- 14.
See Gardiner, 197 – 210; Cook, 15.4.
- 15.
This third element Article 31.1 VCLT, although consisting of two different words, is commonly understood as one term, see e.g. Gardiner, 213.
- 16.
Appellate Body Report, United States – Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R, adopted 6 November 1998 [ABR, US – Shrimp], para. 114; Appellate Body Report, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/AB/R, adopted 25 March 2011 [ABR, US – Anti-Dumping and Countervailing Duties (China)], paras. 8.75-8.76. ABR, US – Shrimp, paras. 129–131.
- 17.
For legal texts or designations in German, this thesis has referred to (official or unofficial) translations and only in cases where such translations did not exist on the author’s own translation.
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Koch, R. (2020). Introduction. In: Green Public Procurement under WTO Law. European Yearbook of International Economic Law(), vol 9. Springer, Cham. https://doi.org/10.1007/978-3-030-48214-5_1
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