It would be impossible for India to make a case for what ‘compensation’ it is owed in return for more commitments undertaken by others — Hamid Mamdouh
By Peter Ungphakorn
POSTED FEBRUARY 7, 2023 | UPDATED FEBRUARY 9, 2023
India and South Africa are questioning the right of 62 World Trade Organization (WTO) members to implement their agreement to streamline domestic regulation in services, but experts question whether the two can prevent the deal from becoming legal.
The deal was concluded in December last year. Since then, most of the participants have submitted what they have each agreed to do, in the form of draft revised “schedules” (or lists) of commitments in services.
Altogether there are 35 schedules of commitments covering the 62 members (counting the EU as 28), meaning 8 of the 70 participants have not yet sent in theirs. (See details below.)
Estimates by the WTO and Organization for Economic Cooperation and Development (OECD) suggest the agreement could potentially save trade costs by about US$150bn annually. The 62 WTO members that have submitted new draft schedules account for about 89% of world services trade — 92.5% if all 70 are counted, WTO Deputy Director-General Anabel González says.
By putting the deal in individual members’ schedules of commitments, the participants have avoided the need for consensus approval by the whole WTO membership.
Continue reading “Experts: India, S.Africa unlikely to succeed in blocking WTO services deal”
Posted by Peter Ungphakorn
POSTED NOVEMBER 9, 2021 | UPDATED NOVEMBER 9, 2021
This is a short proposal on World Trade Organization (WTO) reform by Hamid Mamdouh, former director of the WTO Secretariat’s Trade in Services Division and a recent candidate to be WTO director-general.
Mamdouh proposes members start from overall principles and cover all three of the WTO’s main functions:
This should be done, he suggests, in a new working party to start work in the new year.
He is not alone. The EU Commission and Council have also floated the idea of a working group on WTO reform in a trade policy statement presented to the European Parliament on February 18, 2021 (page 18 of this). The EU is understood to be discussing the proposal privately with other delegations in Geneva.
Continue reading “Hamid Mamdouh — WTO reform imperative: a possible way forward”
Creating new rules without officially calling them ‘rules’ solves an immediate problem but leaves long term questions
Skip this update and go straight to the article
This article was revised in December 2021, but follows the structure of the original version from September 2021.
UPDATE, DECEMBER 3, 2021:
The deal was eventually announced in Geneva on December 2, 2021, even though the Ministerial Conference had been postponed.
A lightly revised version of the September “reference paper” was released along with a list of the 68 participating members (counting the EU as 28) that had submitted “schedules” (lists) of commitments to streamline domestic regulation. These were combined into a single declaration.
The legally binding part of the deal is those commitments, which will be added to the schedules of commitments participating countries already attached to the WTO’s General Agreement on Trade in Services.
The reference paper itself will not be an official WTO agreement, but the new schedules of commitments will refer to the principles in the reference paper, making those commitments legally binding in practice.
By December 2, 2021, the 68 participants were:
Albania; Argentina; Australia; Austria; Bahrain; Belgium; Brazil; Bulgaria; Canada; Chile; China; Colombia; Costa Rica; Croatia; Cyprus; Czech Republic; Denmark; El Salvador; Estonia; European Union; Finland; France; Germany; Greece; Hong Kong, China; Hungary; Iceland; Ireland; Israel; Italy; Japan; Kazakhstan; Korea, Republic of; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Mauritius; Mexico; Moldova, Republic of; Montenegro; Netherlands; New Zealand; Nigeria; North Macedonia; Norway; Paraguay; Peru; Philippines; Poland; Portugal; Romania; Russian Federation; Saudi Arabia, Kingdom of; Singapore; Slovak Republic; Slovenia; Spain; Sweden; Switzerland; Chinese Taipei; Thailand; Turkey; Ukraine; United Kingdom; United States; Uruguay
Explainer: The 18 WTO plurilaterals and ‘joint-statement initiatives’ | Participants in WTO plurilaterals | WTO news story | Comprehensive coverage on the independent website on WTO plurliaterals | Hamid Mamdouh on the legal options for adding another plurilateral agreement (investment facilitation) to the WTO rulebook.
By Peter Ungphakorn
POSTED SEPTEMBER 29, 2021 | UPDATED DECEMBER 6, 2021
Almost 70 members of he World Trade Organization (WTO) announced a deal to discipline domestic regulation of services on December 2, 2021, two months after they agreed on the rules they would apply.
The final text saw only minor adjustments compared with the original announced on September 27, 2021, and described as a breakthrough allowing the final deal to be struck.
The September announcement paved the way for the participants to agree on the complete package by the Ministerial Conference (November 30 to December 3 this year), the WTO said. At that time the talks’ participants were officially had 65, but actually 66 WTO members. This has now risen to 68 (or officially 67)
All that remained after the September 27 announcement was for the participants to go through each other’s individual commitments on how the new disciplines would be applied, the WTO said.
Continue reading “‘Plurilateral’ WTO services deal struck after breakthrough text released”
On the day she started her term as new WTO chief, Okonjo-Iweala faced a challenge to her vision
Explainer: The 18 WTO plurilaterals and ‘joint-statement initiatives’
Participants in the present plurilaterals: Technical note
For a taste of the intense debate on this in the WTO General Council,
see this 13-page extract from the minutes (March 2021 meeting)
There are also signs that the “plurilateral” approach can
produce results. See “‘Plurilateral’ WTO services
deal struck after breakthrough text released”
By Peter Ungphakorn
POSTED FEBRUARY 22, 2021 | UPDATED JANUARY 10, 2022
It’s tempting to call it a bombshell. But the warning signs have been around for some time. Nevertheless a new paper from India and South Africa signals a tough ride for the new head of the World Trade Organization’s ambitions to drive negotiations forward.
The paper criticises negotiations involving only part of the WTO’s membership. They are called “plurilaterals” and are seen as a way of breaking deadlock when consensus is elusive.
Continue reading “India and South Africa pour cold water on alternative approach to WTO talks”
‘Troika’ had announced Nigeria’s Ngozi Okonjo-Iweala enjoyed broadest support, but US had refused to join consensus
By Peter Ungphakorn
POSTED OCTOBER 28, 2020 | UPDATED FEBRUARY 15, 2021
On February 15, 2021, Nigerian Ngozi Okonjo-Iweala was confirmed as the World Trade Organization’s next director-general. The decision was by a consensus of the WTO’s membership. See Ngozi Okonjo-Iweala is the new WTO chief, but let’s not get carried away.
Continue reading “US lifts objections that deadlocked the WTO over its next director-general”
This was made possible 10 days earlier when the new Biden administration in the US announced its “strong support” for her, ending three months of deadlock.
By then, South Korean candidate Yoo Myung-hee withdrew her candidacy. By overturning the stance of the Trump administration and its US Trade Representative, Robert LIghthizer, Biden paved the way for Okonjo-Iweala to be selected by the necessary consensus.
What follows was written before the deadlock was broken.