Is the 'Buy Ukrainian' policy legal?

Analysis of how EU and WTO law permits Ukraine to declare a national security exception to pursue a preferential procurement policy.

From:: Foreign, Commonwealth & Development Office
Published: 27 September 2023

Country:: Ukraine
Document Type:: Briefing
Theme:: Governance and Conflict
Authors:: Dzhurynska, I., Cooper, L

Abstract

This policy brief offers an outline assessment of the current legal frameworks in Ukraine in relation to public procurement and the legal impediments to the Government of Ukraine adopting a ‘Buy Ukrainian’ policy to supports its war-economy and on-going reconstruction efforts. The brief argues that, in the event of a legal challenge to its policy of ‘insourcing the recovery’, the Government of Ukraine could declare national security exception in relation to its obligations under European Union (EU) and World Trade Organization (WTO) procurement law in order to pursue its publicly stated goal.

This brief is an output of the Peace and Conflict Resolution Evidence Platform (PEACEREP) programme.

Citation

Dzhurynska, I., & Cooper, L. Is the ‘Buy Ukrainian’ Policy Legal? (PeaceRep Ukraine policy brief). Conflict and Civicness Research Group, London School of Economics, 2023