Full Description
This volume constitutes the first ever attempt to establish a basis for comparative research on defence procurement regulation. For decades there has been repeated emphasis on the extent to which barriers to trade in Europe and the US prevent a more competitive defence market. Transatlantic Defence Procurement offers the first analysis of the potential impact of defence procurement regulation itself as a barrier to trade between the US and the EU. Part I examines the external dimension of a new EU Defence Procurement Directive, focusing on its implications for third countries, in particular the US. Part II examines foreign access and treatment under US law. Part III maps a future research agenda that is essential for a more systematic understanding of legal barriers to transatlantic defence trade. The book provides context for future initiatives, ranging from reformed market access arrangements to a Defence Transatlantic Trade and Investment Partnership and beyond.
Contents
Preface; 1. The transatlantic defence market in the context of defence trade cooperation; 2. Sources of EU defence procurement law; 3. Excluded contracts under the defence directive and cooperative procurement; 4. Third country modes of participation in the EU market for defence procurement; 5. The defence directive as a potential barrier to trade with the United States; 6. Sources of US federal defence procurement law; 7. Foreign participation in open competition under US law; 8. Non-competitive procurement under US law; 9. US law on foreign acquisition; 10. Government-to-government contracts and offsets; 11. Regulating defence procurement in a transatlantic defence market and beyond: plotting a legal discourse.
