Does ‘holding the pen’ give WTO staff too much power over disputes?

WTO REFORM: The light shed by recent papers on the role of the Secretariat is welcome, but there are unanswered questions

By Peter Ungphakorn
POSTED AUGUST 22, 2022 | UPDATED SEPTEMBER 28, 2022

Does the WTO Secretariat have too much influence over WTO dispute settlement rulings? Two experts argue controversially in recent papers that it does, backing their claims with sophisticated analysis of writing styles to detect who might have authored the rulings.

The analysis by Joost Pauwelyn (Graduate Institute of International and Development Studies, Geneva) and Krzysztof Pelc (McGill University, Montreal) also digs down in detail into the reasons behind the role that the Secretariat has been given.

That leads to a discussion covering a wide range of issues, some of them central to the debate about reforming the WTO and its dispute settlement system — including the controversy over whether case history and precedent should have a bearing on new rulings, and to what extent that should be guided by the institutional knowledge of Secretariat staff.

Continue reading “Does ‘holding the pen’ give WTO staff too much power over disputes?”
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The 20-year saga of the WTO agriculture negotiations

The talks stumble along but what has been achieved is more significant than is generally realised, thanks partly to some remarkable New Zealanders

By Peter Ungphakorn
POSTED MARCH 23, 2020 | UPDATED OCTOBER 26, 2020

On this day 20 years ago — March 23, 2000 — negotiators met at the World Trade Organization (WTO) in Geneva to kick off new agriculture negotiations. Two decades later, the talks struggle weakly on, amid pessimism that any significant breakthrough will be possible in the foreseeable future.

And yet at a modest level, more has been achieved than many people realise. Some will be surprised that the talks are continuing at all.

Continue reading “The 20-year saga of the WTO agriculture negotiations”

What WTO leadership means and where the UK would fit in

People who should know better keep talking about the UK becoming a leader in the World Trade Organization. What exactly does this mean and what are the chances?

By Peter Ungphakorn
NOVEMBER 8, 2017 | UPDATED MAY 8, 2019

Too busy to read this longish version? Here are the main points:
How to be a trade champion: A guide for busy politicians

Brexit will allow Britain to lead the World Trade Organization (WTO), the Legatum Institute claims in a new paper published on November 4, 2017.

The paper, “The Brexit Inflection Point: The Pathway to Prosperity”, is new but the claim is not — not entirely. Continue reading “What WTO leadership means and where the UK would fit in”