Negotiations and the Development of International Standards in Public Procurement: Let the Best Team Win?

Abstract

This article considers how, and the extent to which, the process of international law-making, as witnessed in UNCITRAL in its work on public procurement and in other topics, contributes to the universalisation of international private law, in the sense of body of rules governing commercial relationships of a private nature involving different countries. Having considered UNCITRAL’s working methods, it concludes that these methods when designed in the 1960s offered an excellent opportunity to fulfil its mandate to further the progressive harmonisation and unification of the law of international trade. This is done through the multi-lingual, transparent and inclusive approach to negotiation and development of UNCITRAL’s texts that the methods entail. Nonetheless, there are indications that attempts to reach truly harmonised or consistent international instruments should not seek to move forward faster than the pace at which international consensus on novel ideas can emerge through international cooperation. Trying to force the pace may tempt States to promote their national models, whether in the genuine belief that they represent the best solution, or for political or other advantage. Countering such a tendency requires broad and representative participation in UNCITRAL’s activities, particularly from developing countries. Thus, it is suggested that all countries should consider participating in UNCITRAL as a worthwhile investment.