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1. The Participation of Foreign Bidders in EU Public Procurement: Too Much or Too Little?

Author:
Lucian Cernat
Publication Date:
02-2025
Content Type:
Policy Brief
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
This policy brief examines EU public procurement data from the Tenders Electronic Daily (TED) to evaluate foreign bidders’ participation and success in winning EU public contracts. Despite data coverage limitations, the available information shows an increase in foreign participation in both full and partial contracts, with most activity concentrated in a few countries. Countries like the United States, Japan, and Canada focus on securing full contracts, while nations such as Norway and Turkey often engage through partial contracts. Notably, since Brexit, UK bidders have faced a significant decline in market share, benefiting other countries. The main conclusion is that foreign participation via cross-border procurement (Mode 1) – the only one available in the TED database – is not very high. Although it increased over time, it remains relatively modest, mainly due to low participation rates, rather than discriminatory practices. Between 2016 and 2019, only about 7 percent of EU procurement authorities received foreign bids. This fact alone largely explains the low level of cross-border procurement taking place via Mode 1: put simply, there is no winning without trying. Another important conclusion is that a comprehensive assessment of the participation of foreign bidders in EU procurement would require two new key metrics in the TED data collection process to capture the more important yet missing modes of international procurement. Having reliable and comprehensive data is not just an academic pursuit but a necessity for shaping effective EU policy in the face of rising global protectionism in public procurement.
Topic:
European Union, Contracts, and Public Procurement
Political Geography:
Europe

2. Science Diplomacy in the Negotiation of International Business Contracts: A Critical Assessment

Author:
Suada Dzogovic, Anita Cucovic, and Armand Krasniqi
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study investigates the significance of science diplomacy at the convergence of politics, diplomacy, and science, emphasizing its heightened relevance in contemporary geopolitics and economic development. The aim was to elucidate the role of science diplomacy in optimizing negotiation outcomes concerning international business contracts by examining students’ perceptions of its impacts in such contexts. A theoretical analysis was initially conducted to identify the main themes shaping our questionnaire by employing a comprehensive research strategy that combines quantitative and qualitative methods. Data collection was carried out through a survey using a five-point Likert scale. The study revealed the students’ positive evaluation of science diplomacy, indicating their recognition and appreciation of its utilization in enhancing negotiation outcomes over international business contracts. While political leadership remains crucial in economic negotiations, our findings underscore the significant impact of science diplomacy in promoting international economic relations and facilitating domestic companies’ access to global markets. This research significantly contributes to our understanding of the multifaceted role of science diplomacy in global knowledge dissemination and problem-solving. It elucidates the importance of science diplomacy in international relations and academia, emphasizing its constructive impact on addressing complex challenges.
Topic:
International Relations, Development, Communications, Business, Negotiation, Contracts, and Science Diplomacy
Political Geography:
Global Focus

3. Scoping Study on Contract Transparency in Mongolia

Author:
Dorjdari Namkhaijantsan and Zoljargal Naranbaatar
Publication Date:
10-2024
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Mongolia’s mining sector plays a crucial role in the economy, contributing to revenue and jobs, but faces significant challenges around governance, corruption and transparency. This scoping study highlights the importance of contract transparency to ensure fair and accountable management of the sector. This report presents the scoping study on Mongolia’s contract transparency, undertaken by the Natural Resource Governance Institute (NRGI). The study was made possible with the support and funding of the Extractive Industries Transparency Initiative (EITI) International Secretariat and the European Bank for Reconstruction and Development (EBRD).
Topic:
Corruption, Governance, Mining, Transparency, and Contracts
Political Geography:
Mongolia, Asia, and Asia-Pacific

4. Scoping Study on Extractive Sector State Owned Enterprise Disclosures in Mongolia

Author:
Dorjdari Namkhaijantsan
Publication Date:
10-2024
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
Mongolia’s state-owned mining enterprises are crucial to the economy but face transparency and governance issues. This scoping study examines the need for improved disclosures and stronger accountability in the sector. This report presents the scoping study on the disclosures of Mongolia’s state-owned mining enterprises, conducted by the Natural Resource Governance Institute (NRGI). The study was supported and funded by the Extractive Industries Transparency Initiative (EITI) International Secretariat and the European Bank for Reconstruction and Development (EBRD).
Topic:
Corruption, Governance, Economy, Accountability, Mining, Transparency, Contracts, and State-Owned Enterprises
Political Geography:
Mongolia and Asia

5. Equitable Sharing of Mining Profits: The Best Deal for Tanzania?

Author:
Thomas Scurfield
Publication Date:
09-2023
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Tanzania’s unique approach to mining taxation, described as an equitable sharing of economic benefits between government and mining company according to a negotiated split, could leave the country shortchanged. Tanzanian citizens have access to the terms of only one profit-sharing deal, a 50-50 framework agreement for Barrick’s gold mines. The rest remain unpublished, despite laws that require the government to disclose deal terms. The Barrick deal predicates government revenues more heavily on mine profitability than a more typical regime, making these revenues more uncertain. This structure also increases the risk that companies may seek to avoid tax payments. Negotiating the split on a project-by-project basis, without any legal guardrails on the approach, increases the risks of corruption and unfavorable deal terms. The Tanzanian government could eliminate these risks by borrowing provisions from other countries that also require a specific government share of mine profits but take a different approach. However, unless the government has identified benefits from its current sharing mechanism that a more typical regime does not offer, it should not pursue a sharing mechanism and instead focus on improving the underlying regime, such as increasing its flexibility with regards to profits and reducing tax avoidance risks. To gain more trust from citizens, Tanzania’s government should explain how the mechanism works in existing deals.
Topic:
Government, Natural Resources, Tax Systems, Mining, Transparency, Contracts, and Energy Transition
Political Geography:
Africa and Tanzania

6. Relational Contracts in the Rwandan Coffee Chain

Author:
Kasper Vrolijk
Publication Date:
01-2023
Content Type:
Policy Brief
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
Businesses often engage in long-term relationships with firms and people they trust and know, in which they informally sell and exchange information and services (Baker, Gibbons, & Murphy, 2002). As postulated by Arrow (1972, p. 357), “virtually every commercial trans-action has within itself an element of trust”. Within these relations, trust is defined as the belief that market actors adhere to informal contract arrangements. Particularly in lower-income countries, which are often described by distortions – such as inefficient institutions (e.g., contract enforcement), imperfect markets (e.g., access to credit), and market distortions created by firms (e.g., lobbying) (Atkin & Khandelwal, 2020) – such relational contracts are important for commercial interactions locally and internationally and are an important complement to formal contracts. In low-income economies, how are relational contracts used to foster economic activity? What policy measures can be used to aid trust-based relational contracts, or to address its inefficiencies? This Policy Brief presents the results from a study on the Rwandan coffee chain, which surveyed coffee mills, farmers and exporters on their performance and relational contracts. The main findings are that relational contracts are an important component at two levels of the chain: (a) between cooperatives, washing stations and mills, and its members, and (b) between mills and buyers. Mills, for example, offer informal provisions to its farmers to ensure timely delivery of high-quality beans. Exporters and mills invest in trust-based relationships with buyers by spending on getting market access and productivity-increasing activities (e.g., investing in new machinery) in anticipation of future buyer demand and prior to formal contracting. Buyers likewise invest in creating and maintaining relational contracts to local firms by providing informal technical and financial support. With the exception of certification programmes, few of the activities that both mills and buyers undertake are formally enforced through contracts but instead are done at the discretion of producers and buyers. Such informal relations are important and necessary because in low-income countries there can be market risks (e.g., limited access to inputs for farmers) that, if not addressed, affect the coffee supply and quality. The coffee sector in Rwanda is to a large extent com-parable to the coffee sector in other countries and other agricultural supply chains in low-income countries (like labour- and quality-intensive products, such as tea and cocoa). Therefore, this study may offer some valuable lessons to policy makers: 1. Promote brokerage services to support trust-based relationships between local firms and international buyers. Brokerage services include programmes (either by governments of international organisations) that bring together and facilitate buyer-supplier linkages. These services have proven successful in creating long-term buyer-supplier relationships, while also facilitating financial and technical support for local firms and market access. There is a role for both international organisations and national governments to provide financing or facilitate such services. 2. Use certification to formalise quality upgrading and market access. Certification programmes include credible, internationally recognised standards and evaluation protocols that are used across multiple commodities. Certification can help formalise some of the quality upgrading and market access activities that firms and farmers otherwise would receive informally through relational contracts. There are roles for national governments to promote and subsidise certification practices and for international organisations and certification providers to expand such services.
Topic:
Development, Markets, Business, and Contracts
Political Geography:
Africa and Rwanda

7. Provisions on Liability for Decommissioning Upstream Offshore Oil and Gas Infrastructure in Investor-State Contracts

Author:
Martin Dietrich Brauch, Juan Carlos Fernández-Rodríguez, and María José Roa
Publication Date:
08-2023
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
•Decommissioning upstream offshore oil and gas operations involves dismantling infrastructure and equipment and mitigating their environmental impacts when the oil or gas resource becomes depleted or economically unviable. Stricter climate policy and the energy transition away from fossil fuels are likely to accelerate decommissioning processes.  • Domestic statutes, decrees, and regulations that apply to the oil and gas industry are ideally suited for governing decommissioning liability. In principle, these instruments are not subject to negotiation with private entities, reducing their leverage in setting decommissioning obligations, in particular those related to environmental and financial matters. • Oil and gas contracts between the host state and private oil and gas companies may include decommissioning provisions, whether to govern the issue comprehensively where statutory or regulatory frameworks are silent on the issue or to complement them.  • Where statutory and regulatory frameworks are insufficient, contracts should include provisions governing decommissioning as an integral stage occurring at the end of the project (and not as a post-project activity), factoring in the health, environmental, safety, and financial risks it entails throughout the project’s life cycle. • As part of an analysis commissioned by the Institute for Energy Economics and Financial Analysis (IEEFA), this paper examines contractual provisions related to decommissioning or abandonment of offshore oil and gas extraction infrastructure from various jurisdictions for which contracts are available on ResourceContracts.org. • Not every contract includes decommissioning provisions or requires the oil and gas company to develop a decommissioning plan; across contracts that do, the scope of provisions varies significantly. Certain contracts refer to a standard to be applied in decommissioning activities, with varying stringency levels. While some contracts refer to industry best practices, not all of them define what they entail. Not all contracts contain environmental protection and rehabilitation obligations specific to decommissioning.  • Certain contracts require approval and oversight by a state agency to ensure that the oil and gas company prepares and submits an appropriate decommissioning plan and that the decommissioning process takes place as set out in the applicable statutes and regulations, the contract, and the plan itself. The effectiveness of these mechanisms depends on the rigor and regularity with which the government assesses and inspects decommissioning plans and processes.  Where feasible, climate concerns should be added to standard environmental warranties. Contracts could restate environmental and climate-related requirements as forward-looking warranties made by the company to remove any ambiguity about its obligations and the consequences of failing to meet them. • To avoid a scenario where the government must cover decommissioning costs in case of noncompliance by the oil and gas company with its decommissioning obligations, contracts should create a dedicated decommissioning fund, with sufficient money to cover all decommissioning (including expected post-decommissioning) costs, and:  o Require the oil and gas company to fully prefund the decommissioning fund as part of capital and operating expenditures, with contributions assured by the ultimate parent company and beginning before project construction. Determine that funds be set aside in an escrow account dedicated to decommissioning in an independent private banking institution and in the form of a specific financial instrument that guarantees decommissioning without freezing the oil and gas company’s funds to develop the project.  o Require the company to meet the full costs of decommissioning if the offshore extraction infrastructure is transferred to third parties or if the fund is insufficient, extending the liability to the ultimate parent company whenever possible. o Require the parties to renegotiate as needed to adjust decommissioning activities or increase or decrease their costs. o Provide for tax deductibility and cost recoverability of fund contributions, to promote companies’ compliance with their obligation to contribute to the fund.  • Contracts should outline objective conditions for the release of decommissioning liability, along with any subsisting obligations that the oil company and its ultimate parent company retain in perpetuity after decommissioning or after the sale or transfer of the upstream asset. • Contracts should not include non-fiscal stabilization provisions, to ensure that states can enforce any new or amended statutes or regulations governing decommissioning liability, without having to compensate oil and gas companies that are party to pre-existing contracts.
Topic:
Climate Change, Infrastructure, Investment, Sustainability, and Contracts
Political Geography:
Global Focus

8. Improving the contestability of e-commerce in two jurisdictions: the Amazon case

Author:
Fiona Scott Morton
Publication Date:
12-2023
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Antitrust cases against Amazon in the United States reveal that the e-commerce giant has developed algorithms that mimic price protection contracts called MFNs (from most-favoured nations, a term borrowed from international trade), even though the company said publicly that it ended the contracts themselves some years ago. MFNs are well known in antitrust enforcement for their anticompetitive effects: higher prices and less entry. The complaints describe how Amazon demotes merchants from its coveted Buy Box if Amazon finds a lower price on a rival e-commerce site, creating an incentive for merchants to set higher prices on rival sites. The European Union, the Digital Markets Act bans such contracts. This would be a good remedy for the US as well as it would restore competition with minimal harmful side effects. The US complaints describe a different scheme that penalises brands if Amazon must reduce its retail prices to match a rival retailer. The EU may have to pursue this conduct under Article 102 of the Treaty on the Functioning of the European Union that prohibits abuse of dominance. Both the US Federal Trade Commission (FTC) and the European Commission have found that Amazon’s policy of tying its own logistics service to Amazon Prime status raises entry barriers to rivals. The European Union remedy redesigns the Buy Box and allows rival logistics services access to consumers. This remedy provides a useful benchmark to consider in designing remedies for the FTC and for California, which is also pursuing an antitrust case against Amazon. In general, both the US and the EU gain from the enforcement actions of the other.
Topic:
Contracts, Digital Markets Act (DMA), Competition, E-Commerce, and Amazon
Political Geography:
Europe, North America, and United States of America

9. New Producer Contract Terms and Uncertainty: Lessons From the Recent Past

Author:
Patrick Heller, Perrine Toledano, David Mihalyi, and Tehtena Mebratu-Tsegaye
Publication Date:
03-2022
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
The petroleum industry is volatile, and governments in “new producer” countries have operated at a significant information disadvantage when negotiating with international oil companies. This challenge is growing today; new producer countries face intensifying questions around whether to offer fiscal incentives to maintain investment in the face of 1) the pandemic-induced volatility in oil prices and 2) long-term questions about the future of the industry in the face of the climate crisis and the global energy transition. This confluence of short-term and long-term uncertainty is prompting a reexamination of the narrative that once took hold in many new producer countries. The traditional story was one of linear progression from being non-producers to small levels of production to ultimately having oil and gas become a major economic contributor over the long term. This notion of progression was associated with a commonly held theory: After a country’s first major discovery, the geological risk that wells will be dry was expected to decrease. Countries could therefore shift from a position of having to grant tax breaks (and other concessions) to international investors, to taking a tougher stance in laws and negotiations for new projects going forward. In this paper we examine whether this theory has been borne out in practice and make recommendations to support new producers in their navigation of the uncertainty associated with the energy transition. Among the eight “new producer” countries, for which we analyzed a total of 26 contracts signed before and 25 contracts signed after discovery events (all occurring between 2001 and 2014), the evidence is mixed.
Topic:
Gas, Transparency, Contracts, Monitoring, Energy, and Green Transition
Political Geography:
Global Focus

10. Picture This: Social Distance and the Mistreatment of Migrant Workers

Author:
Toman Barsbai, Vojtech Bartos, Victoria Licuanan, Andreas Steinmayr, Erwin Tiongson, and Dean Yang
Publication Date:
12-2022
Content Type:
Working Paper
Institution:
Kiel Institute for the World Economy (IfW)
Abstract:
We experimentally study an intervention to reduce mistreatment of Filipino over?seas domestic workers (DWs) by their employers. Encouraging DWs to show their employers a family photo while providing a small gift when starting employment reduced DW mistreatment, increased their job satisfaction, and increased the likeli?hood of contract extension. While generally unaware of the intervention, DWs’ fam?ilies staying behind become more positive about international labor migration. An online experiment with potential employers suggests that the effect operates through a reduction in employers’ perceived social distance from their employees.
Topic:
Migration, Labor Issues, Labor Market, Migrant Workers, and Contracts
Political Geography:
Philippines and Global Focus