African-Caribbean-Pacific (ACP) Group

Cynics circle as another WTO Ministerial Conference heads for small pickings

Given the challenging circumstances, system preservation may be the most important outcome

By Peter Ungphakorn and Robert Wolfe
POSTED FEBRUARY 21, 2024 | UPDATED FEBRUARY 27, 2024

The cynics are circling the World Trade Organization’s upcoming Ministerial Conference with doom-laden prophecies that the “WTO” is likely to fail, again.

The cans that were kicked down the road in Geneva in 2022 are now supposed to produce content in Abu Dhabi in 2024. The prospects of that are sobering.

But the WTO is not just its Ministerial Conferences, and the purpose of these conferences is not merely concluding new agreements. Given the challenging circumstances, system preservation may be the most important outcome.

What’s left to resolve in WTO fisheries subsidies talks after deadline missed

The fate of the talks now rests on intensive negotiations in four weeks from mid-January with some consultations before then. Are the differences still too numerous to settle in that time?

By Peter Ungphakorn
POSTED DECEMBER 12, 2023 | UPDATED DECEMBER 13, 2023

The chair of the World Trade Organization’s fisheries subsidies negotiations and Iceland’s ambassador, Einar Gunnarsson, admitted on on December 8, 2023, that there would not be an agreed text by the end of the year, despite a commitment from senior officials six weeks earlier that there would.

He and WTO Director-General Ngozi Okonjo-Iweala told ambassadors at the end of the final “fish week” of the year that they still hoped that the differences could be settled by the Ministerial Conference in February next year — although the next talks are now not scheduled until mid-January.

They noted that delegates showed they were determined to reach agreement, and were encouraged by various proposed amendments to the chair’s September 4 draft designed to bridge the differences.

Texts on the table (details below) show that members diverge on a wide range of topics, particularly whether the biggest players should face extra scrutiny and if so how they would be identified, and the details of exemptions for developing countries.

India ramps up rhetoric on farm support before major WTO meeting

The chances of agreement by the February 2024 Ministerial Conference are slim if not impossible

See also
the previous meeting, an explanation of the issue
and the WTO website’s news story on the whole meeting
Agriculture negotiators discuss new proposals submitted by WTO members

By Peter Ungphakorn
POSTED OCTOBER 21, 2023 | UPDATED NOVEMBER 4, 2023

India has accused its critics in the World Trade Organization (WTO) of “arrogance” and contempt in opposing its position on developing countries using subsidies to purchase rice and other produce into food security stocks.

In a meeting of the WTO’s agriculture negotiations on October 19, 2023, India said, “gone are the days when we were the discipline taker and we had no knowledge and wisdom to talk about a subject that concerns us,” according to a trade official in Geneva.

India’s heightened rhetoric came four days before senior officials from capitals were due to meet in Geneva on October 23–24. The officials will attempt to develop meaningful outcomes for the next WTO Ministerial Conference in Abu Dhabi, February 2024, including on agriculture and food security.

India said that unless its critics change their “mindset”, they will prevent an agreement being reached at the Ministerial Conference.

As in the previous meeting on October 2, this session of the agriculture negotiations focused mainly on the use of government-supported prices to buy into food security stocks.

The issue is nicknamed “public stockholding” (PSH). But the name is misleading because WTO rules do not prevent stockholding. They only discipline subsidised procurement. Even that is allowed, so long as the developing country stays within its subsidy limit, usually 10% of the value of production.

UPDATES: expanding the WTO intellectual property waiver for COVID-19

Latest developments with links to some key documents and news

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By Peter Ungphakorn
POSTED OCTOBER 4, 2022 | UPDATED AS INDICATED

The waiver on patent protection for COVID-19 vaccines was agreed at the WTO Ministerial Conference on June 17, 2022. The text with brief explanations is here. The waiver is not an obligation. Countries can choose to suspend certain patent rights if they want.

Much of the work after the Ministerial Conference results from a provision for WTO members to decide within six months (by December 17, 2022) whether or not to expand the waiver to include COVID-19 tests and treatments:

“No later than six months from the date of this Decision, Members will decide on its extension to cover the production and supply of COVID-19 diagnostics and therapeutics”

Background: The original (revised) proposal; the debate; the proposed compromise and analysis.

Updates on the latest developments will be added here, with links to new documents and news items. That will include any notifications from countries changing their laws to apply the waiver. So far there are none.

Key events

October 31, 2023 — deadlock continues in the intellectual property council after an information session with stakeholders
October 23–24, 2023 — discussed by capital-based senior officials: positions are unchanged
March and May, 2023 — discussed in the General Council but no new deadline set
December 20, 2022 — the General Council agrees on postponing the deadline with no date set, but to be reconsidered in the Spring
December 19, 2022 — the General Council postpones a decision on postponing the deadline
December 17, 2022 — deadline for expansion decision missed, so far no country has moved to use the vaccine patent waiver agreed in June
December 16, 2022 — formal meeting: chair’s draft binned, replaced by short paragraph postponing the deadline
December 7, 2022 — chair’s draft factual report circulated
December 6, 2022 — informal meeting discusses proponents’ draft and postponing deadline
December 5–6, 2022 — US announces it will need time to consult stakeholders
November 2, 2022 — informal meeting, with members’ positions on expanding the waiver to tests and treatments crystallised into three groups
July 6, 2022 — first meeting after the vaccine patent waiver decision, followed by stock-taking and informal meetings

(TRIPS = trade-related aspects of intellectual property rights, the official description of intellectual property issues that are discussed in the WTO — they should be “trade-related” issues)