The Government Procurement Agreement and Economic Partnership Agreement (EPA): Lessons from Japan’s experience

This article explores the effects of MFN clauses on the procedural and transparency rules set out in the 1994 GPA, the Revised GPA and government procurement chapters of FTAs and how procedural and transparency rules are expanded to countries that are parties to FTAs containing MFN clauses relating to government procurement, by analyzing the effects of the two most recent FTAs concluded by Japan (i.e. Japan-EU EPA and the CPTPP). This article then proposes how other countries, including India, should take careful note of the effects of the procedural rules and the MFN clauses regarding government procurement, and consider which procedural rules may be expanded to other countries beyond the parties to the FTA in question and which will not, when considering whether to enter into new FTAs containing government procurement provisions.