WTO Secretariat – Trade β Blog

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.

New WTO head’s first statements sail close to the wind

Okonjo-Iweala faces a crash course in WTO diplomacy, a car crash, or a third way. Which will it be?

By Peter Ungphakorn
POSTED FEBRUARY 18, 2021 | UPDATED MARCH 2, 2021

‘Someone has said that the definition of madness is doing the same thing you’ve done for years.” So remarked Ngozi Okonjo-Iweala shortly after she was accepted as the World Trade Organization’s next director-general on February 15, 2021.

She was speaking in an online press conference, outlining her view of where the WTO might be heading and how she might contribute.

Her first statements shed light on her intentions at the WTO and signal possible delicate times ahead. With some forthright suggestions on issues where members are divided, her approach has risks. (See also her acceptance statement in the WTO General Council.)

Ngozi Okonjo-Iweala is the new WTO chief, but let’s not get carried away

The director-general’s powers are limited, so don’t expect miracles. And don’t blame her if problems stay unresolved

By Peter Ungphakorn
POSTED FEBRUARY 15, 2021 | UPDATED FEBRUARY 18, 2021

Now that Ngozi Okonjo-Iweala has been confirmed as the next director-general of the World Trade Organization (WTO) it’s tempting to see light at the end of the tunnel for the troubled negotiating forum and guardian of the resulting agreements.

First woman director-general. First African. Finally, someone at the helm after almost a year effectively without a leader. All those headlined proclamations are true. The excitement is justified, to some extent.

What is the WTO? And is it undemocratic?

In the past few weeks we’ve seen a revival of the old claim that the WTO is undemocratic. Why? Because it has become a weapon in the Brexit war of words. As ever, the truth is more complicated.

By Peter Ungphakorn
POSTED AUGUST 17, 2018 | UPDATED MAY 16, 2020

It all began when hard-Brexiters started to claim that if the UK and EU fail to reach agreement, this wouldn’t be “no deal”. It would be a World Trade Deal — the new term they now use to describe operating on WTO terms, which some also claim would be the best outcome.

The response from some Remainers is to criticise the WTO. If their enemies like it, it must be bad.

One repeated claim is that the WTO is undemocratic.

BRIEFLY
● The WTO is 164 member governments who operate an international trading system based on agreed rules
● Is it democratic? Yes and no

“When did you last vote for your representative in the WTO?” and “How can I find my WTO MP?” were among the questions.

There’s a lot wrong with the WTO, and a lot right, but these new attacks miss the point completely.