Compliance of Saudi Arabia’s Government Tenders and Procurement Law with the WTO Government Procurement Agreement’s Principles: Analysing Non-Discrimination, Transparency, and Dispute Settlement System, and Evaluating Arguments Against Accession.

Abstract

This dissertation investigates the compliance of Saudi Government Tenders and Procurement Law (GTPL) with the WTO’s Government Procurement Agreement (GPA), despite Saudi Arabia not being a signatory to the agreement. It aims to critically analyze both the GPA and GTPL in three core areas: non-discrimination, transparency, and dispute settlement system requirements. Adopting a doctrinal methodology, the study found that the GTPL exceeds the GPA's standards regarding transparency principles and dispute settlement system requirements, showcasing its compliance and advancement in these areas. However, the study also revealed that the principle of non-discrimination is adopted differently in the GTPL, indicating divergence and non-compliance with the GPA. Consequently, it identifies the necessary amendments required for GTPL to comply with the GPA and explores alternative routes to mitigate the compliance process, such as limiting the coverage of Saudi procurement under the agreement or leveraging preferences accorded to developing countries. By doing so, Saudi Arabia could also maintain one of its objectives under the GTPL, which is enhancing its economic development. However, upon critical evaluation of the GPA, this dissertation argues that Saudi Arabia should resist the pressure to accede to the agreement and contends that its immediate accession is not advisable, as the purported benefits would be outweighed by the associated implications.