WTO COVID-19 waiver: does the new draft move the talks forward?

A closer examination—paragraph by paragraph—of the re-draft shows how little has changed and how much may still lie ahead

By Peter Ungphakorn
POSTED MAY 25, 2021 | UPDATED JULY 24, 2021

The long-awaited revised proposal related to the COVID-19 pandemic, to waive obligations on intellectual property protection, was finally circulated to members of the World Trade Organization (WTO) on May 25.

This will allow the first negotiations to proceed in the WTO’s intellectual property council since the US swung behind the idea of a waiver, if not necessarily in the form proposed. (The council’s official name is the TRIPS Council — for “trade-related aspects of intellectual property rights”.)

A closer examination of the contents shows that a lot may still have to be negotiated. In other words, this is not just about accepting or rejecting the waiver — to waive or not to waive. What is in the text and what is left out are all significant. We can expect some rough times ahead.

Continue reading “WTO COVID-19 waiver: does the new draft move the talks forward?”

Dire WTO General Council meeting shows scale of Okonjo-Iweala’s task

If this was an indication of members’ willingness to listen to the new director-general they had picked, then she must be disappointed

By Peter Ungphakorn
POSTED MARCH 5, 2021 | UPDATED JULY 25, 2021

‘It cannot be business as usual,” she had said when she was appointed. “It cannot be business as usual,” the ambassadors had echoed as they congratulated her. And at the next opportunity they did their utmost to demonstrate the exact opposite.

If Ngozi Okonjo-Iweala needed evidence of how much had to change at the World Trade Organization (WTO), her first few days as director-general offered her plenty to think about. Some who attended the WTO General Council’s first regular meeting of the year said it was one of the worst they could remember.

Continue reading “Dire WTO General Council meeting shows scale of Okonjo-Iweala’s task”

US lifts objections that deadlocked the WTO over its next director-general

‘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.

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.

Continue reading “US lifts objections that deadlocked the WTO over its next director-general”

Is the World Trade Organization choosing a saviour? Or a butler?

The 40-year record of previous office-holders shows how limited the WTO chief’s powers really are — worth keeping in mind as nominations for a new director-general open from June 8 to July 8

By Peter Ungphakorn
POSTED JUNE 8, 2020 | UPDATED AUGUST 26, 2020

Nominations closed on July 8, 2020 after one month (from June 8) for governments to propose candidates for the new director-general of the World Trade Organization (WTO). The organisation is in deep trouble and the timing looks bad although there are some pluses. But are the 164 member governments going to choose someone to rescue the WTO? Or does that overstate the powers of a person who might be better described as the WTO’s butler?

Continue reading “Is the World Trade Organization choosing a saviour? Or a butler?”

The WTO is surprisingly busy — considering it’s supposed to be dead

The reports of the WTO’s death are greatly exaggerated

By Peter Ungphakorn
POSTED JANUARY 17, 2020 | UPDATED JANUARY 17, 2020

As December approached last year, a steady stream of news reports and other articles warned of the impending death of the World Trade Organization (WTO). Deathday (December 10, 2019) came and went and still the WTO is alive and kicking.

If anyone needs proof, they could look at the schedule of meetings for the coming year. Continue reading “The WTO is surprisingly busy — considering it’s supposed to be dead”

A bit of bother down at the WTO court — Why? And is it a killer? Long read

WTO dispute settlement is in trouble, but it can struggle on at least for a while. So can the organisation’s other important functions

By Peter Ungphakorn
POSTED AUGUST 21, 2019 | UPDATED MARCH 24, 2021

This looks at the WTO Appellate Body crisis in some depth.
A simpler version is here
.
See also:
How the WTO deals with problem trade measures—it’s not just dispute settlement and The WTO is surprisingly busy — considering it’s supposed to be dead

A casual glance at the headlines might have misled us into thinking the World Trade Organization (WTO) would grind to a halt at the end 2019, that the blame lay entirely with US President Donald Trump, and that the WTO’s demise would bring anarchy to world trade.

Only the last of those three assertions is possibly correct; and only if the WTO really does die — which it certainly won’t, not in the near future.

This is an attempt at an explanation. It shows that even WTO dispute settlement could well survive, but in a less powerful form. Other important work in the WTO will continue, and therefore so will the WTO itself.

But be warned: simple explanations of complex issues cannot tell the whole story. And even this attempt is not that simple. Sorry.

Continue reading “A bit of bother down at the WTO court — Why? And is it a killer? Long read”