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Legal aspects of sustainable public procurementChristopher McCrudden (Professor of Human Rights Law, Oxford University)Executive SummaryThe report examines the legal issues arising from the use public procurementto encouragesustainable development. In doing so, governments attempts to combine several functions ofgovernment: participatingin the market as purchaser, regulatingit at the same time,by using itspurchasing power to advance conceptions of sustainable development. The term “linkage” isused throughout this book to describe this use of procurement. “Linkage” is used in preferenceto the concept of “conditionality”, with which it shares certain similarities, because the diversityof ways in which procurement and sustainable development have been brought together goesbeyond simply awarding contracts on certain conditions, and extends to include, for example,the definition of the contract, the qualifications of contractors, and the criteria for the award ofthe contract. We consider the diversity of types of linkage in Chapter 1. In Chapter 2, weidentify (briefly) several legal concerns that have frequently been identified about the use of suchprocurement linkages.The study then considers in more detail those international and regional agreementsthat raise legal issues for SPP. Some directly and indirectly encourage the adoption of SPP, whilstother agreements act as a constraint on the way SPP is adopted. These are considered inchapter 3.The latter includes the main international and regional procurement and otheragreements. These are considered in chapters 4 to 6. (The EC procurement rules, however, willnot be considered except in so far as they help clarify what may be permissible under otherinternational and regional agreements.) In these chapters, we consider various aspects ofinternational and regional agreements regarding public procurement and the parameters theyset for the use of linkages.Chapter 4 considers the main requirements of these agreements before considering theextent to which the principal limits on coverage (thresholds, types of procurement, procuringentities covered, country-specific exceptions) permit SPP. In Chapter 5, we consider the extentto which the substantive obligations of the agreements (national treatment and MFN) restrictparticular types of SPP. In Chapter 5, we also examine the extent to which the proceduralobligations (regarding technical specifications, qualifications, and award criteria) restrictparticular types of SPP, before considering, in Chapter 6, the general exceptions that permitwhat would otherwise not be legally permissible under the agreements.The report concludes, in Chapter 7, with some policy implications of the legal analysis inthe previous chapters. We conclude, in particular, that a broad array of methods, which arecompatible with the international and regional instruments on procurement, is available toincorporate sustainable development goals into public procurement.