Tied Aid and Development Aid Procurement in the Framework of EU and WTO Law: The Imperative for Change(Studies in International Trade and Investment Law)

This book is the first legal treatment of tied aid and examines in detail the compatibility of tied aid with EU and WTO law. The workings of the aid projects and aid procurement systems of donor countries granting bilateral aid are fully examined through case studies from the UK, Italy, the EU and the US. Tied aid refers to aid granted to developing countries on condition that goods and services for the aid-financed projects are purchased from the donor country only. The recipient country, in order to receive the grant or the loan, has no other choice but to fulfil the condition imposed by the donor. Economists have shown that tying aid undermines the effectiveness of aid. It leads to higher costs paid for the goods and services purchased and the distortion of the nature of the aid. Further, tying frustrates the potential of aid to foster trade between developing countries - in many of these countries public bodies and, in particular, aid-financed projects are major potential outlets for trade between neighbouring states. The importance of tied aid has been pointed out in economic literature but there is surprisingly little written on the legal aspects of tied aid practices and this book seeks to fill this major gap in the literature. The book is of interest to academics in the field of EU and WTO law, NGOs and practitioners working both in the field of public procurement and development policies.

Table of Contents:
Introduction 1. Tied Aid 2. Scope and Objectives of the Book 3. Outline of the Book 4. Concluding Comments Part I: Tied Aid in Context 1. Tied Aid and Poverty Alleviation: Contradictions and Inefficiencies of Benefactors' Development Cooperation Policies 1. Introduction 2. Poverty Eradication and Development Aid 3. Tied Aid Practices 4. Conclusions 2. Food Aid 1. Introduction 2. Hunger and Food Aid 3. Food Aid: Definition, Donations and Modalities of Distribution 4. Tied Food Aid: Definition, Data and Costs 5. Tied Aid and the Renewal of the UN Food Aid Convention 6. The World Food Programme 7. Conclusions 3. International Steps to Untie Aid: Ten Years since the Recommendation on Untying Aid 1. Introduction 2. International Initiatives to Untie Aid: Forty Years of Negotiations to Make Aid More Effective 3. A Thorough Scrutiny of the OECD/DAC Recommendation's Text 4. Assessment and Conclusions 4. Tied Aid: The Example of Italy 1. Introduction 2. An Overview of the Italian Development Cooperation System 3. Italy's Stand on Tied Aid and the Legal Foundations of Tied Aid Conditions 4. Aid in Practice: Procurement Procedures and Tied Aid Projects 5. Assessment, Conclusions and Future Prospects 5. Tied Aid: The Example of the UK 1. Introduction 2. Development Cooperation in the UK 3. Tied/Untied Aid Practices in the UK 4. The Aid Procurement Process: The Rules Applied 5. The Impact of the Untied Aid Policy 6. Conclusions 6. Tied Aid: The Rules on Access to EU External Assistance 1. Introduction 2. EU Development Cooperation Policies: An Overview 3. The EU Legislative Measures for Untying EU Aid 4. Conclusions 7. Tied Aid: The Example of the USA 1. Introduction 2. US Aid Programmes: A Brief Overview 3. USAID: Eligibility Rules for Participation in USAID Procurement Aid Contracts 4. US Food Aid Programmes and Tied Aid 5. The Millennium Challenge Corporation 6. Conclusions Part II: Tied Aid and the EU 8. Tied Aid and the External Competences of the EU 1. Introduction 2. Setting the Framework for Discussion: the EU's External Action Competences, Development Aid Procurement and Tied Aid 3. Interaction between the CCP and other EU External Competences 4. Development Cooperation 5. Conclusions 9. The Single Market and Tied Aid 1. Introduction 2. The Single Market and Public Procurement: An Overview 3. The Commission's Stance on the Legality of Tied Aid 4. Tied Aid Practices and the Free Movement Provisions 5. Tied Aid and the Treaty Provisions on State Aid 6. Conclusions 10. Tied Aid Procurement and the EU Public Procurement Directives 1. Introduction 2. Overview of the Public Procurement Directives 3. The Directives' Definition of Contracting Authorities and Aid Procuring Entities 4. Possible Factors Against the Application of the Directives to Aid Procurement Contracts 5. Conclusions Part III: Tied Aid and the WTO 11. Tied Aid and the WTO 1. Introduction 2. Tied Aid and the Objectives and Principles of the WTO 3. Tied Aid within GATT and GATS 4. Tied Aid and the Subsidies and Countervailing Measures Agreement 5. The WTO Agreement on Agriculture (AoA) and Tied Aid: State of the Law and Proposals for its Reform 6. Concluding Remarks 12. Tied Aid and the GPA 1. Introduction 2. GPA Coverage 3. General Coverage: Would Aid-Funded Procurement be Covered but for the International Assistance and Aid Exception? 4. Concluding Remarks: Reflecting on the New Agreement and the Exclusion for Development Aid Procurement 13. Conclusions

About the Author :
Annamaria La Chimia is a Lecturer in Law at the University of Nottingham.

Review :
Annamaria La Chimia's publication provides a fruitful approach to law and development research by putting the issue of tied aid in the context of the current aid effectiveness discourse. In addition, her findings on the legal aspects of tied aid offer important contributions, especially with regard to food aid as well as to the deliberations on the Post-2015 Development Agenda. -- Annika Engelbert Law and Politics in Africa, Asia, Latin America, Volume 2.