Transatlantic Defence Procurement EU and US Defence Procurement Regulation in the Transatlantic Defence Market

This volume constitutes the first ever attempt to establish a basis for comparative research on defence procurement regulation. For decades there has been repeated emphasis on the extent to which barriers to trade in Europe and the US prevent a more competitive defence market. Transatlantic Defence Procurement offers the first analysis of the potential impact of defence procurement regulation itself as a barrier to trade between the US and the EU. Part I examines the external dimension of a new EU Defence Procurement Directive, focusing on its implications for third countries, in particular the US. Part II examines foreign access and treatment under US law. Part III maps a future research agenda that is essential for a more systematic understanding of legal barriers to transatlantic defence trade. The book provides context for future initiatives, ranging from reformed market access arrangements to a Defence Transatlantic Trade and Investment Partnership and beyond.

Preface; 1. The transatlantic defence market in the context of defence trade cooperation; 2. Sources of EU defence procurement law; 3. Excluded contracts under the defence directive and cooperative procurement; 4. Third country modes of participation in the EU market for defence procurement; 5. The defence directive as a potential barrier to trade with the United States; 6. Sources of US federal defence procurement law; 7. Foreign participation in open competition under US law; 8. Non-competitive procurement under US law; 9. US law on foreign acquisition; 10. Government-to-government contracts and offsets; 11. Regulating defence procurement in a transatlantic defence market and beyond: plotting a legal discourse.

Luke R. A. Butler is a Lecturer in Law at the University of Bristol. Luke's research focuses on legal aspects of government contracting, an interest informed by a decade of experience lecturing and researching in commercial and international trade law. Outside academia, Luke values the importance and opportunity of engaging with acquisition professionals on the impact of law in practice. Most recently, Luke has lectured on procurement and commercial contract law at the UK Defence Academy, Cranfield. Previously, Luke taught at the University of Birmingham and was called to the Bar of England and Wales by the Middle Temple in 2009.