Green Public Procurement in China and the WTO Agreement on Government Procurement: is it hard to be “fairly” green?

This paper will look into the issue of green public procurement (GPP) from the following perspectives: the relevant disciplines under the WTO Agreement on Government Procurement (GPA), the laws and practice in China, as well as in the European Union (EU). The aim of this paper is two-fold. First, it will explore, in the GPA context and under China’s procurement system, the current normative GPP framework and the development in practice. Second, it will assess the GPA regime and China’s procurement system in the light of an efficient, transparent and competent GPP operation. In pursuit of improvement and resolution, a comparative study on pertaining EU practice and law- setting will be included. In conclusion, this paper argues that neither the GPA nor the system of China can be considered sufficiently competent in dealing with GPP issues. Under the GPA, clarification and elaboration of GPP-related issues are highly desirable; and for China’s imminent GPA accession, domestic reform in GPP is essential to warrant a WTO-consistent system and avoid violation of its GPA commitments.