Two last-minute agriculture proposals land as WTO conference approaches

Brazil submits first ever counter proposal from “non-demandeurs” on domestic support in public stockholding

By Peter Ungphakorn
POSTED JUNE 3, 2022 (REPLACING THIS ORIGINAL PAGE) | UPDATED JUNE 3, 2022

Less than two weeks before the re-scheduled World Trade Organization (WTO) Ministerial Conference, two new proposals were circulated on May 31, 2022, on the most difficult subject in the agriculture negotiations — including the first from a “non-demandeur”.

The two proposals are from opposite sides on how to deal with domestic support in developing countries’ stockholding programmes for food security.

The debate in a meeting of WTO ambassadors two days later showed how far apart members still are on this with only 10 days to go before their ministers meet in Geneva. Members are now holding round-the-clock meetings to prepare for their June 12–15 Ministerial Conference

Continue reading “Two last-minute agriculture proposals land as WTO conference approaches”

Two last-minute agriculture proposals land as WTO conference approaches

Brazil submits first ever counter proposal from “non-demandeurs” on domestic support in public stockholding

By Peter Ungphakorn
POSTED JUNE 1, 2022 | UPDATED JUNE 1, 2022

Less than two weeks before the re-scheduled World Trade Organization (WTO) Ministerial Conference, two new proposals were circulated on the most difficult subject in the agriculture negotiations — including the first from “non-demandeurs”.

The two proposals are from opposite sides on how to deal with domestic support in developing countries’ stockholding programmes for food security.

… This has been updated and re-posted here

Alternative to the alternative: Turkey and EU use arbitration for WTO appeals

Similar but not the same as the 50-member ‘Multi-party Interim Appeal Arrangement (MPIA)’

This has now been republished as
Türkiye and EU: appeal-by-arbitration cases leave questions about WTO law — Similar to the 50-member ‘Multi-party Interim Appeal Arrangement (MPIA)’, one ruling has been formally adopted, the other not

Five takeaways from the WTO seminar on food security

The Ukraine war threatens food security but over-reaction is not the answer, delegates hear

By Peter Ungphakorn
POSTED APRIL 26, 2022 | UPDATED APRIL 26, 2022

Countries should avoid reacting hastily to the food security challenge posed by the war in Ukraine and avoid worsening the crisis, experts warned in a World Trade Organization (WTO) seminar today (April 26, 2022).

Presenting a grim picture for many countries, several speakers urged governments to keep trade flowing, not to take short term measures that could increase volatility and not to turn inward.

That was among several messages heard in the seminar, with a number of implications for WTO members and their efforts to modernise the rules of international agricultural trade.

Below are five takeaways from the seminar. The morning sessions were on the record. Some of the speakers are identified here. The afternoon sessions were under the Chatham House Rule and speakers are not identified.

Continue reading “Five takeaways from the WTO seminar on food security”

Can a WTO member be expelled? No. But …

The response from almost all legal experts is simple: there are no provisions in the WTO agreements allowing expulsion or suspension

By Peter Ungphakorn
POSTED MARCH 23, 2022 | UPDATED MARCH 26, 2022

Can a member of the World Trade Organization (WTO) be expelled? The short answer is no. There is no legal means of doing that.

The question arises because of a number of calls to expel Russia, to suspend its membership or to suspend its ability to act in the WTO, in response to its invasion of Ukraine.

Those three are not exactly the same. The first two — expulsion or suspending membership — are clearly legal issues. They require decisions by the WTO’s membership.

The response from almost all experts in WTO trade law is simple: there are no provisions in the WTO agreements that would allow expulsion or suspension.

Continue reading “Can a WTO member be expelled? No. But …”

‘Quad’ raise hopes of a COVID-19 deal and revival for the beleaguered WTO

Not done yet, but the group-of-four could give the WTO some long-awaited success

Updates
June 17, 2022 — members agree on the waiver at the Ministerial Conference.

From mid-May to June 10 — members work on the compromise draft and discuss further revisions. The text submitted to the Ministerial Conference is here. Earlier versions are here.

May 19, 2022 — An informal meeting to take stock of two days of real negotiation on the compromise among about 30 delegations on May 16 and 18, described by chair Lansana Gberie (Sierra Leone’s ambassador) as “arduous”.

WTO Director-General Ngozi Okonjo-Iweala urged members on all sides to sort out their reservations over the proposed compromise, so that a deal on waiving some intellectual property protection for COVID-19 can be struck by the Jun 12-15 Ministerial Conference. See this Twitter thread.

May 3, 6 and 10, 2022 — The compromise text was finally put to the rest of the membership at a May 3 informal meeting — WTO news story, and the text (html or pdf) — and discussed in a May 6 formal intellectual property council meeting and in the General Council on May 10. Both bodies consist of the full WTO membership.

Members were non-committal about accepting or rejecting the text. But this compromise draft allowed them for the first time to agree broadly to start negotiating on a text in the search for a solution. None of the Quad presented the text as their own, just an attempt to secure an agreement.

See this twitter thread and this WTO news story on the General Council meeting, and this earlier Twitter thread and WTO news story on the intellectual property council. The blog post below had been updated accordingly.

March 28, 2022 — Three of the “Quad” could still be consulting internally on whether to accept the compromise, according to Geneva trade sources.

South Africa is said to have told members in an informal General Council meeting on March 28 that the draft was still being discussed domestically. Only the EU is understood to have completed its internal processes and to have accepted the draft, while India and the United States had not yet confirmed their support for it.

The draft would still have to go to the full membership in the intellectual property council, but no date has been set for the council’s next meeting.

By Peter Ungphakorn
POSTED MARCH 17, 2022 | UPDATED JUNE 17, 2022

Behind-the-scenes negotiations by four key members have raised the prospect of an agreement on intellectual property and the COVID-19 pandemic, which would also help lift the World Trade Organization out of one of its worst crises.


For nearly a year, the United States, […] has worked constructively with other WTO Members to facilitate discussions and bridge differences that might lead to […] consensus across the 164 Members of the World Trade Organization to help end the pandemic.

In the days ahead, […] we look forward to continuing our engagement with members of Congress and stakeholders as all WTO Members consider the text released by the WTO Director-General.

Statement by US ambassador to the WTO María Pagán, May 3, 2022

News broke in mid-March 2022 that the four — the EU, India, South Africa and the US — had agreed on a compromise text on waiving the obligation to protect intellectual property related to the COVID-19 pandemic.

A slightly modified text was circulated to members on May 3, 2022. A cover letter from WTO Director-General Ngozi Okonjo-Iweala summarised how the proposed compromise was negotiated.

Although members offered some initial reactions in meetings over the following week, it still had to be negotiated, agreed, and possibly amended by the WTO’s membership of 164. (See this twitter thread and this WTO news story on the General Council meeting, and earlier this Twitter thread and this WTO news story on the intellectual property council.)

Anything can happen in that process, but so far the compromise has not been rejected outright — it has been accepted as a basis for negotiations. After all, most of those driving the main positions are among the four.

The likelihood of a breakthrough was first reported by Priti Patnaik of Geneva Health Files on March 11.

A month earlier she had broken news of what turns out to be an important part of the compromise — to limit the countries eligible to use the waiver. She reported that India and China would be excluded and that India would resist. How accurate that was at the time is unconfirmed, but the outcome would exclude China and not India.

What are the implications of the proposed compromise? How does it fit into the earlier debate about the waiver? How does it differ from the original proposal?

These are some immediate thoughts. Underlying them are two fundamental questions. Both, in totally different ways, are important:

  • What would this do for dealing with the pandemic?
  • What would this do for the WTO?

Some of the answers will emerge when the full membership gets down to negotiating the compromise in the WTO body responsible for intellectual property, the TRIPS Council. (TRIPS is trade-related aspects of intellectual property rights.)

Continue reading “‘Quad’ raise hopes of a COVID-19 deal and revival for the beleaguered WTO”

Ukraine invasion—what Russia and Belarus face in the WTO system: so far

The feasible actions are unilateral. Anything requiring formal decisions in the WTO such as suspending membership is likely to fail

This blog post contains a list of actions that countries have taken against Russia and Belarus. It will now only be updated occasionally. The point was to examine how they work, where WTO decisions might be needed and the implications, and how they relate to WTO provisions such as non-discrimination (MFN) or the security exceptions. That should be clearer now.

See these sources for closer monitoring:

Global Trade Alert

A considerably longer list of sanctions announced against Russia is available at Global Trade Alert. Many are outside the WTO system. Some may be within the system, such as export restrictions on dual-use products and restrictions on shipping services (but not air traffic rights). Russia’s retaliation is here.

Global Trade Alert was originally set up by Simon Evenett and his team at St Gallen University, Switzerland. It is now run by an independent foundation.

PIIE

Chad Bown of the Peterson Institute for International Economics (PIIE) has created a timeline that tracks all the actions taken by various countries on all sides: Russia’s war on Ukraine: A sanctions timeline.

A number of other sources are available. This one (details paywalled) is Europe-centred.


By Peter Ungphakorn
POSTED MARCH 4, 2022 | UPDATED MAY 10, 2022 (SEE ALSO ENTRY DATES)

This is a summary of actions taken or proposed so far against Russia within the WTO system. Some are also against Belarus, which is not a WTO member.

They are deliberately described as “within the WTO system” and not “in the WTO” — or worse “by the WTO” — to avoid confusion.

Continue reading “Ukraine invasion—what Russia and Belarus face in the WTO system: so far”

US politicians call for trade action against Russia in the WTO

Kicking Russia out of the World Trade Organization is probably impossible, but other actions are available

Painting (detail) by Chris Edmund © used with permission

See also:
List of measures announced or proposed
that come under the WTO system, periodically updated
Can a WTO member be expelled? No. But …

By Peter Ungphakorn
POSTED FEBRUARY 28, 2022 | UPDATED MARCH 4, 2022

Two senior US politicians announced on February 25, 2022 that they were introducing legislation to suspend World Trade Organization terms in US trade with Russia and to seek expelling Russia from the WTO.

Lloyd Doggett, chair of the House of Representatives Ways and Means subcommittee on health, and Earl Blumenauer, his counterpart on the subcommittee on trade, proposed the bill following Russia’s “unprovoked invasion of Ukraine”.

Since then, at least three similar bills have been proposed in the US Senate.

Meanwhile, Ukraine and Canada have actually implemented action against Russia within in the WTO system, and the EU has said it is considering its own action.

The Doggett and Blumenauer bill would make it easier for the US to impose trade sanctions against imports of Russian goods, in addition to the commercial, financial and personal sanctions the US and its allies have already initiated. That includes new EU sanctions in trade with Belarus (not a WTO member).

The bill would also “seek the suspension of the Russian Federation’s membership in the WTO”, a more difficult prospect.

Continue reading “US politicians call for trade action against Russia in the WTO”

8 reasons why countries disagree over a WTO intellectual property waiver

What the countries are saying — and it’s more than just ‘yes’ or ‘no’ to the waiver

UPDATES

In February it was “no sign of a breakthrough”. By mid-March there were signs
More in: ‘Quad’ raise hopes of a COVID-19 deal and revival for the beleaguered WTO

The waiver was agreed at the Ministerial Conference on June 17, 2022. The final text is here.

By Peter Ungphakorn
POSTED FEBRUARY 22, 2022 | UPDATED JUNE 18, 2022

The deadlock in the World Trade Organization (WTO) over a proposal to waive intellectual property protection related to COVID-19 is now well into its second year with no sign of a breakthrough.

India and South Africa first made the proposal in October 2020. They produced a revised draft the following May, saying it was based on discussions in the months in between, but the revision produced little change in positions.

The proposal would temporarily waive countries’ obligations under WTO rules to protect some types of intellectual property, for products used to deal with COVID-19.

That’s the general idea. Every part of it is debated.

NEW: WHO’s African ‘hub-and-spokes’ vaccine technology set-up

Continue reading “8 reasons why countries disagree over a WTO intellectual property waiver”

WTO members pick week of June 13 for rescheduled Ministerial Conference

Members want to hold it as soon as possible because without a deadline momentum is flagging

By Peter Ungphakorn
POSTED FEBRUARY 22, 2022 | UPDATED FEBRUARY 23, 2022

The postponed World Trade Organization Ministerial Conference will be held in-person at the WTO’s Geneva headquarters in the week of June 13, the organisation’s General Council decided today (February 23, 2022), a move that delegations hope will concentrate minds on reaching agreements.

“The precise dates still have to be determined,” WTO spokesman Keith Rockwell said. This is partly because the WTO will want to minimise clashes with other events scheduled at around the same time in Geneva, such as the UN Human Rights Council on June 13–July 8.

The decision was taken by consensus — as is standard in the WTO — on the first day of a two-day formal meeting. It creates a new deadline for members to focus on.

Continue reading “WTO members pick week of June 13 for rescheduled Ministerial Conference”