Embracing Multiple Values in Government Procurement Under Trade Agreements: Assessing the Contribution of the EU-Japan EPA

Government procurement is gaining strategic importance, not only for economic affluence but also for promoting non-economic values such as the environment, labour standards, human rights, and national security. The assessment of horizontal policies within international rules varies depending on legal instruments, including the Agreement on Government Procurement (GPA) and specific rules in preferential trade agreements (PTAs) concerning government procurement. Among these, the EU-Japan Economic Partnership Agreement (EPA) stands out as a leading agreement in advancing rules related to horizontal policies. While the EPA does not revolutionise the management of government procurement and horizontal policies, some additional provisions in the Agreement could have significant implications. Specifically, due to the introduction of the chapter on trade and sustainable development, non-trade experts can now engage in a more reliable assessment of government procurement practices. At the same time, there is still room for improvement in the EPA. It would be preferable to include provisions that encourage the incorporation of horizontal policies. However, the rules governing the relationship between government procurement and horizontal policies do not necessarily have to be embodied in the agreement’s provisions. They can be developed through soft laws such as guidelines and information sharing on best practices. One significant advantage of the EPA is its capacity to gradually improve the rules in a flexible and efficient manner.