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Cambridge University Press978-1-107-00782-6 - Making Global Trade Governance Work for Development: Perspectivesand Priorities from Developing CountriesEdited by Carolyn Deere BirkbeckIndexMore information

668

I n de x

ACWL (Advisory Centre on WTO Law), 251

establishment of, 336proposed expansion, 305, 348,

616–17role, 338–40

African countries, WTO, 606–07African Growth and Opportunity Act

(AGOA), 193, 597Agency for International Trade

Information and Cooperation (AITIC), 606, 622

Agenda 21, 107AGOA (African Growth and

Opportunity Act), 193, 597Agreement on development

Facilitation, 313, 323–25adjustment to tariff bindings, 313–16extension of special treatment for

LdCs, 323subsidy treatment, 316–17suspension of anti-dumping

measures, 318–20suspension of TRIMs, 320–21suspension of TRIPs, 321–23

agricultural export bans, 128agriculture, need for new institutional

arrangements, 95Aid for Trade

access and predictability, 365–69, 381–82

deepening involvement of Un in trade governance, 7–8

governance architecture, 357–58, 387–90, 622–23

Advisory Group, 360

analytical framework, 356–57assessment of, 363case for regional facilities, 383–87comparison with alternative

arrangements, 381–83OeCd Working Party, 360–62oversight by Committee on Trade

and development, 358–59rationale underlying, 355–56Reviews, 362surveillance by Trade Policy

Review Mechanism, 359importance, 353–55mutual accountability concerns,

369–72need to make binding, 66negotiations, 498overview, 352proposals to improve, 621–24transparency, 422–27

AITIC (Agency for International Trade Information and Cooperation), 606, 622

Alliance of Small Island States (AOSIS), 243, see also PIF (Pacific Islands Forum)

amicus curiae briefs, to WTO, 114, 281–82

Antigua and Barbuda case against US on internet

gambling, 223–24, 236–37, 252, 339

WTO representation, 240AOSIS (Alliance of Small Island

States), 243, see also PIF (Pacific Islands Forum)

Argentina

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Index 669

macroeconomic policies, 79–81Argentina-Footwear case, 496Australia, RTA with China, 174

balance of payments provisions, as tool for economic adjustment, 94

banking sector regulation, 89self-regulation, environmental

damage, 89–90Basel III accord, 89basic needs development strategy, 50BICs (Brazil, India, China)

economic rise, 600–01growing importance in global

trading system, 138–40increasing prominence in the WTO,

140–42links with global South, 141

BIS (Bank for International Settlements), inability to prevent crises, 89

border carbon adjustments, moratorium, 122

Brazil cotton dispute with US, 337–38economic importance, 138–39history of activism in GATT, 139macroeconomic policies, 81–82,

see also BICs (Brazil, India, China)

Cairns Group, 188, 489–90, 492Cambodia, WTO accession, 558–59,

560capacity-building programmes,

changes to benefit small states, 227–28

capital controls, 88–90carbon leakage, european

Commission decisions, 121–22

Cargill Bank, 82Caribbean Regional negotiating

Machinery (CRnM), 241–43CARIFORUM, 242CBd (Convention on Biological

diversity), disclosure

of genetic resources or traditional knowledge, 125

CeSCR (Committee on economic, Social and Cultural Rights), 284–85

China affect on global income inequality

figures, 30–31, 32and anti-dumping measures,

167economic importance, 138–39economic rise, 600regional trade agreements, 172–75,

176self-designated political position as a

developing country, 165–66tariff reduction level, 157–58WTO

accession package, 154, 554activity, 139alternative benchmark

methodology, 171external concerns over

membership, 153–56future, 175–76

WTO multilateral dispute settlement

as rule-maker, 170–72as rule-shaker, 168–70as rule-taker, 167–68future, 175–76participation, 336

WTO multilateral trade negotiations

‘back-seat’ role, 157as Recently Acceded Member,

157–59effect of position on other issues,

165–67future, 175lack of expertise, 159–62mismatch between China-specific

provisions and normal WTO framework, 162–65

WTO-minus rights, 163WTO-plus obligations, 162,

see also BICs (Brazil, India, China)






Index670

climate change, nutritional consequences, 108

coalitions BICs involvement, 141, 144–45developing countries at WTO,

513–19as Recently Acceded Member

enhancing effectiveness of, 519–23

future role, 601–03Green Room involvement, 188,

602problems of negotiation, 144–45role in doha development

Round, 187–90, see also collaboration

Codex Alimentarus Commission, 283Codex Trust Fund, 283collaboration

for collective advocacy, 243–45, see also coalitions

to address limited institutional capacity in Sdes, 241–43

COMeSA Fund, 384–86Committee on economic, Social and

Cultural Rights (CeSCR), 284–85

Committee on RTAs (CRTA), 413–14and enabling Clause, 415

Committee on Trade and environment (CTe), 119–21

commodity prices, WTO not addressing, 268–69

common but differentiated responsibilities, 36

cosmopolitics, 111Cotonou Agreement, 234–35Creditor Reporting System (CRS).

see CRS (Creditor Reporting System)

critical mass agreements, 472–74critical mass approach, 632–33

linked with an opt-in procedure, 501–05

literature, 588CRnM (Caribbean Regional

negotiating Machinery), 241–43

CRS (Creditor Reporting System) Aid for Trade, 362transparency concerns, 364–65

CRTA (Committee on RTAs), 413–14and enabling Clause, 415

CTdL (Currency Transaction development Levy), 93

CTe (Committee on Trade and environment), 119–21

Currency Transaction development Levy (CTdL), 93

ddA, see doha development Round (doha development Agenda, ddA)

debt relief need for, 66–67, 87need for overhaul of institutional

architecture governing, 90–92

declaration of the Right to development (dRd), 285

deliberative democracy, 270, 272Vienna Convention on the Law of

Treaties, 271–76democracy

globalization and, 40–42integral relationship with

development, 270developing countries

economic rise, 599–601income gap to developed countries,

509–10macroeconomic vulnerability to

external shocks, 32–34participation in global economic

governance, 510–11, 598–99share of global trade, 5–6, 508–09WTO (World Trade Organization)

changes to benefit, 610–30coalitions, 513–19


dispute settlement process challenges facing, 340–45changes to benefit, 616–17implications for trade

governance, 348–50






Index 671

participation, 335–38importance, 524–26institutional arrangements for,

302–04participation, 512–13

development as trap, 287–88, see also sustainable

development importance of international trade,

301right in international law, 284–87

development public goods, world trade governance structures as, 55–56, 61–62

development-Facilitation Tariff, 315–16, 615

dFQF (duty-free quota-free market access) decision

LdC involvement, 191limited benefits of, 195–96

diagnostic Trade Integration Study (dTIS), 380–81

dispute Settlement Understanding (dSU), 329–30, 333

djibouti, growing rice in solar-powered greenhouses, 128

doha development Round (doha development Agenda, ddA), 61–62, 110, 137, 142, 461–62, 466

active country groupings, 189and single undertaking, 497–99China’s participation, 157, 164–65coalitions’ involvement, 187–90contested meaning of word

‘development’, 105inclusiveness of, 103LdCs’ involvement, 190–92

domestic market protection, small states, 212

dominica, reliance on exports of one company, 233

dRd (declaration of the Right to development), 285

dSU (dispute Settlement Understanding), 329–30, 333

dTIS (diagnostic Trade Integration Study), 380–81

dual divergence, 27–28dumping, 318duty-free quota-free market access

(dFQF) LdC involvement, 191limited benefits of, 195–96

ecuador macroeconomic policies, 83–84

eIF (enhanced Integrated Framework), 196–97, 251–52

governance arrangements, 378–81enabling Clause, 185, 194, 211, 311

and CRTA reviews, 415enhanced Integrated Framework

(eIF), 196–97, 251–52governance arrangements, 378–81

equator Principles, as environmentally unsound, 90

equity markets, tax to fund global environmental stewardship, 93

esty, daniel, 122european Social Charter, 42

FAO (Food and Agriculture Organization), 109

farm subsidy tax, 127financial deregulation, and trade

liberalization, 78floating exchange rates, privatizing

exchange risk, 78Food and Agriculture Organization

(FAO), 109foreign exchange reserves

accumulation, effect on developing countries, 33–34

free trade subaltern classes not against, 268–69sustainability and development as

objective instead of, 94FTAA (Free Trade Area of the

Americas), 234–35‘Functioning of the WTO System’

Group, 123–24

G20, 39–40, 62, 140Leaders’ Summits, 582






Index672

role in global trade governance, 147–48, see also Trade G-20

G33, 62G90, 62G110, 62GAFSP (Global Agriculture and Food

Security Programme) farm subsidy tax, 127

GAL (global administrative law) WTO democracy, 282–83

GATS (General Agreement on Trade in Services)

UnCTAd contribution to, 58when analysing WTO accessions,

564GATT (General Agreement on Tariffs

and Trade) Article 18, 308–09Article 20, 323Article 36, 310–11Article 36–38, 311Article 37, 310–11Article 38, 311balance of payments provisions,

94dispute settlement process, 329history, 53–54inclusion of capital controls, 88–89objectives, 552–53

GeF (Global environment Facility) governance arrangements, 372–75

GeG (Global economic Governance Programme)

Global Trade Governance project, 2gender equality, adjustment costs, 294General Agreement on Tariffs and

Trade (GATT), see GATT (General Agreement on Tariffs and Trade)

General Agreement on Trade in Services (GATS), see GATS (General Agreement on Trade in Services)

Germany, competitive advantage from income policies, 77

global administrative law (GAL) WTO democracy, 282–83

Global Agriculture and Food Security Programme (GAFSP)

farm subsidy tax, 127global economic asymmetries, 32–35

and international economic structures, 35–38

Global economic Governance Programme (GeG)

Global Trade Governance project, 2Global environment Facility (GeF)

governance arrangements, 372–75global environmental stewardship,

sources of finance, 93Global Footprint network, 107Global Fund for Food, farm subsidy

tax, 127Global Fund to Fight AIdS,

Tuberculosis and Malaria, governance arrangements, 375–78

Global Partnership for development, 51, 52

global public goods, 26–27Global Subsidies Initiative (GSI), 115,

116Global Trade Alert (GTA), 411global trade governance

challenges for, 38–40, 73–74components and context, 10–13,

593–98dissatisfaction with, 1–2environmental impact, and

macroeconomic policies, 76game changers, 69, 72–73

demographic shifts, 69–70environmental protection, 70natural resources management,

70–71new geography of international

trade, 71–72R&d governance, 71regulatory and standards

complexity, 72linkage to domestic policies, 110overview, 205–06, 636roles and responsibilities, 13–15state of debate on, 5–9support for development

G20 (cont.)






Index 673

current debate challenges addressed, 590–92literature, 587–90themes, 585–86

demand for, 579–80policy context, 581–85

Trans-national Corporations (TnCs), 67–69

Un role as a source of proposals and

schemes, 58–59assistance to developing country

negotiators, 60–61norm setting in, 56–57research and analytical role,

57–58way forward

development flexibility agenda, 64

positive developing country agenda, 63

responsive and enabling development agenda, 65–67

globalization democracy and, 40–42unbalanced character of, 25–27

goods of social value, 26government stakeholders, 531Green Room, 187, 512

depriving WTO of democratic legitimacy, 247, 272–73

involvement of coalitions, 188, 602

proposals for change, 476–79small states, 227

Group of 77, 53GSI (Global Subsidies Initiative), 115,

116GTA (Global Trade Alert), 411

Heavily Indebted Poor Countries (HIPC), 91

hermeneutic democracy, 271in WTO, 279–80

responsive and enabling development agenda

amicus curiae briefs, 114, 281–82

role of academic scholarship, 280

HIPC (Heavily Indebted Poor Countries), 91

IAWC (Institute for Assessing WTO Commitments), 348

ICAs (international commodity agreements), 96–97, 596

IF (Integrated Framework). 196–97, 251–52, see also eIF (enhanced Integrated Framework)

ILO (International Labour Organization)

influence over world trade, 206IMF (International Monetary

Fund) governance structures no longer

reflecting global power realities, 140–41

influence over world trade, 206inclusiveness, definitions, 530income distribution, global

inequalities, 27–32India

affect on global income inequality figures, 30–31

approach to WTO negotiations, 266

economic importance, 138–39history of activism in GATT, 139IT industry, 264, see also BICs

(Brazil, India, China)industry stakeholders, 531Institute for Assessing WTO

Commitments (IAWC), 348

institutional subsidiarity, 125–26institutions, importance of, 101–03Integrated Framework (IF), 196–97,

251–52, see also eIF (enhanced Integrated Framework)

intellectual property rights (IPR), see IPR (intellectual property rights)

internal democracy, 270–71






Index674

international commodity agreements (ICAs), 96–97, 596

International debt Court, 92international financial institutions,

need to compensate developing countries for the pro-cyclical impact of financial markets, 36–37

International Labour Organization (ILO)

influence over world trade, 206International Monetary Fund (IMF),

see IMF (International Monetary Fund)

international monetary system, changes to meet sustainability objectives, 87–88

international social goals, global social cohesion funds, 42–44

IPR (intellectual property rights) and technology transfer, 37implications of level playing field, 36

ITA (Ministerial declaration on Trade in Information Technology Products), 497–98

Korea-Dairy case, 496Kraft Linerboard case, 168Kyoto Protocol, stated commitment

to sustainable development, 103–04

labour mobility, 29–30need for inclusion in international

agenda, 37–38not addressed by WTO, 269,

see also unskilled labour mobility

Lamy, Pascal, 348, 394, 584–85Latin America

income distribution, 29macroeconomic policies, 79,

see also Argentina; Brazil; ecuador; Mexico

LdCs (least developed countries) case for an LdC-specific institution,

198–200

doha development Round role, 190–92

global trade governance challenges, 192–94

need to continue building collective knowledge, 200

need to take ownership of integration efforts, 196–98

way forward, 201, 605–06WTO dispute settlement process

participation, 337WTO history, 182, see also Un

Conference on the least developed countries (LdCs)

Least developed countries (LdCs), see LdCs (least developed countries)

level playing field, implications of, 36Like-Minded Group, 187lost decade, 27, 31–32

Malawi, nGO involvement in economic Partnership Agreement negotiations, 537–38

market access expansion, small states, 212

MdG Project Report on Trade for development (2005), 62–63

MdGs (Millennium development Goals), 51–52, 552, 581–82

and trading system reform agenda, 62–63

media, as stakeholders, 532Memorandum of Foreign Trade

Regime (MFTR), 571MenA (Middle east and north

Africa), income distribution, 29

Mercosur, 446merit goods, 26methodology, this book, 4–5Mexico

macroeconomic policies, 84–86MFn (most favoured nation) clause,

473MFTR (Memorandum of Foreign

Trade Regime), 571






Index 675

Millennium development Goals (MdGs), 51–52, 552, 581–82

and trading system reform agenda, 62–63

Ministerial Conferences, 248–49Ministerial declaration on Trade in

Information Technology Products (ITA), 497–98

Monterrey Consensus, 38most favoured nation (MFn), 473Multilateral debt Relief Initiative,

91Multilateral Trade Regime, Which Way

Forward? (2007, Warwick Commission), 583

mutual accountability principle, 356–57

in practice, 369–72

nAMA (non-agricultural market access), 292

national deference principle, 279, 295, 617

natural disasters, small states, 208nepal, WTO accession, 560, 562non-agricultural market access

(nAMA), 292

OeCS (Organization of eastern Caribbean States), 250

open regionalism, 39, 40, 598Organization of eastern Caribbean

States (OeCS), 250OSMs (old social movements), WTO

negotiations, 278–79

PACeR Plus (Pacific Agreement on Closer economic Relations), 224

Pacific Agreement on Closer economic Relations (PACeR Plus), 224

Pacific Islands Forum (PIF), 250Pakistan, RTA with China, 174Panitchpakdi, Supachai, 583Paris Club, 92Paris declaration on Aid effectiveness,

356

PGe (Permanent Group of experts), 116, 615

PIF (Pacific Islands Forum), 250Plano Real, 81policy competition, 39policy space, 38Punta del este declaration, 490, 491

quid pro quos, in trade agreements, 124–25

regional institutions, need for, 40Regional Trade Agreements (RTAs),

see RTAs (Regional Trade Agreements)

remoteness, small states, 209reserve currency, case for

supranational alternative to US dollar, 88

reverse special and differential treatment, 236

RTAs (Regional Trade Agreements) LdCs assistance for negotiating, 196small states, 224–25transparency concerns, 412,

see also Transparency Mechanism for RTAs

RTd (right to development), basis in international law, 284–87

Ruggiero, Renato, 324

Sanitary and Phytosanitary (SPS) Measures

transparency, 417–22Saudi Arabia, WTO, accession

package, 558SCM (Subsidies and Countervailing

Measures) Agreement, 115–16, 317

scope, this book, 10Sdes (small developing economies)

collective advocacy, 243–45definitions, 238importance of international trade,

231, 233importance to multilateral trading

system, 238–39institutional capacity, 241–43






Index676

overview, 252–53participation, 604–07unique interests, 234–35vulnerability to external

developments, 233–34WTO

barriers to participation in, 239–40

enhancing negotiating leverage, 236

for protection of rights, 236–38importance of participation in,

231–32, 235proposed changes, 245–46, 605

countervailing measures, 252decision-making, 246–49financial support for Sde

representation, 249–50increased technical work on

Sde issues, 249technical assistance, 251

representation, 240–41SdT (special and differential

treatment), 95, 194–96, 311–12

changes to benefit developing countries, 613–14

for small developing economies (Sdes), 234

limits of reform, 291–92modulated rules, 116–19problems with transition periods,

290–91proposed permanent SdT, 313

SIdS (Small Island developing States), 207, see also AOSIS (Alliance of Small Island States); PIF (Pacific Islands Forum)

Singapore issues, 470single undertaking, 273, 274, 276,

469–70, 486–87and dispute Settlement, 495–97and doha negotiations, 497–99history, 487–89

conduct of negotiations, 491–92establishment of the World Trade

Organization, 493–95

launching of the Uruguay Round, 489–91

since 1994, 495literature, 588proposed changes, 499–500

abandoning idea of all encompassing rounds, 500–01

critical mass approach linked with an opt-in procedure, 501–05

recognition that Members are bound by existing rules, 501, see also variable geometry

small and vulnerable economies (SVes), see SVes (small and vulnerable economies)

Small and Vulnerable economies Work Programme, 244

small claims procedure, WTO, dispute settlement process, 347, 617

small developing economies (Sdes), see Sdes (small developing economies)

Small Island developing States (SIdS), 207, see also AOSIS (Alliance of Small Island States); PIF (Pacific Islands Forum)

small states definitions, 207difference in trade interests from

other developing countries, 211–13

diplomacy and advocacy, 219–21features, 208–11functioning in global trade

governance, 213–19litigation, 222–24negotiation, 221–22overview, 204–05, 229proposals for change, 225–26

capacity-building, 227–28decision-making structures,

226–27establishment of clear criteria for

membership for SVe group, 228

Sdes (cont.)






Index 677

strengthening of ability to negotiate, 228

Regional Trade Agreements (RTAs), 224–25, see also AOSIS (Alliance of Small Island States); SIdS (Small Island developing States); SVes (small and vulnerable economies)

South–South learning initiatives, 560soybean production

Argentina, 80Brazil, 82

special and differential treatment (SdT), see SdT (special and differential treatment)

SPS (Sanitary and Phytosanitary) Measures

transparency, 417–22Sri Lanka, non-participation as

Agriculture SVe member, 245

stakeholders, categorizations for trade governance, 531–32

Subsidies and Countervailing Measures (SCM), 115–16, 317

‘subsidy watch’ subcommittee, 115–16sustainable development

accepted connection with trade governance, 100–01

challenges in achieving, 107–11global trade governance

implications, 86–87history in global policy-making,

103–07leveraging non WTO arenas,

126–28need for sustaining processing/

product distinction, 288–89requiring behavioural change of

individual governments, 111–12

Sutherland Report, 474, 475–76Sutherland, Peter, 583SVes (small and vulnerable

economies), 207agenda and small states, 212–13definitions, 245

need to clarify membership criteria to benefit small states, 228

participation, 605, see also Small and Vulnerable economies Work Programme

TCC (transnational capitalist class) influence on WTO rules, 261–62,

263–67TdAR (Trade-Related development

Assistance Report), 306, 307, 623–24

technical progress, concentration in developed countries, 34

technical transfer, need for global trade system to facilitate, 37

TnCs (Trans-national Corporations) and global trade governance, 67–69

Tokyo Round developing countries’ involvement,

185TPRM (Trade Policy Review

Mechanism) history, 397–98information gaps remaining, 407–12low peer pressure, 401–03maintenance of status quo, 405–07participation dependent on

institutionalized domestic monitoring, 403–05

proposals for change, 618–20proposed inclusion of

environmental and developmental factors, 113–14

reports missing salient information, 400

surveillance of Aid for Trade, 359weakness of mandate, 398–99

Trade G20, 144trade governance

inclusiveness need for, 529–30recommendations for, 546–49

stakeholder categorizations, 531–32

stakeholder participation at national level, 532–38






Index678

stakeholder participation at WTO, 540–46, see also global trade governance

trade justice, 58–59trade liberalization

and macroeconomic policies, 77–78

protectionist measures since 2008, 142–43

trade negotiation processes, proposals to improve, 630–34

trade openness, small states, 208–09Trade Policy Review Mechanism

(TPRM), see TPRM (Trade Policy Review Mechanism)

Trade Related Investment Measures (TRIMs), see TRIMs (Trade Related Investment Measures)

Trade-Related Aspects of Intellectual Property Rights (TRIPS), see TRIPS (Trade-Related Aspects of Intellectual Property Rights)

Trade-Related development Assistance Report (TdAR), 306, 307, 623–24

transnational capitalist class (TCC) influence on WTO rules, 261–62,

263–67Trans-national Corporations (TnCs)

and global trade governance, 67–69

Transparency Mechanism for RTAs history, 414overview, 412reasons for developing, 413–14

TRIMs (Trade Related Investment Measures)

proposed suspension under Agreement on development Facilitation, 320–21

revisions required, 96UnCTAd contribution to, 58

TRIPS (Trade-Related Aspects of Intellectual Property Rights)

CTe mandate on, 120

disclosure of genetic resources or traditional knowledge, 125–26

lack of consideration of competing human rights, 286

length of transition period for LdCs, 195

proposed suspension under Agreement on development Facilitation, 321–23

supporting voices in the poor world, 264

UnCTAd contribution to, 58

Un (United nations) calls for greater deference to, 594Charter, 48development Agenda, 26–27

and world trade governance, 52–54

history, 49–52intellectual case for a

development-oriented trading system, 54–56

Marrakesh declaration, 48Millennium declaration, 25,

50–51world trade governance,

see also MdGs (Millennium development Goals)

as a source of proposals and schemes, 58–59

assistance to developing country negotiators, 60–61

norm setting in, 56–57research and analytical role,

57–58Un Conference on the least developed

countries (LdCs), 50Un Global Compact, 67UnCed (United nations Conference

on environment and development, Rio de Janeiro, 1992 earth Summit), 35, see also Agenda 21

UnCTAd (United nations Conference on Trade and development), 35, 53–54

trade governance (cont.)






Index 679

contributions to world trade governance, 58–59

influence over world trade, 206role in world trade governance,

56–57UnFCCC (United nations Framework

Convention on Climate Change), differing meanings of sustainable development, 105

United nations (Un), see Un (United nations)

un-organized stakeholders, 532unskilled labour mobility, 34–35

need for inclusion in international agenda, 37–38

Uruguay Round, 110, 329–30conduct of negotiations, 491–92developing countries’ involvement,

186establishment of the World Trade

Organization, 493–95launching of, 489–91

US-Lamb case, 496US-Steel Safeguards case, 496

Vanuatu, WTO accession, 557, 558variable geometry, 471, 588, 632VdPA (Vienna declaration and

Program Action 1993), 285–86

Vienna Convention on the Law of Treaties, 632

deliberative democracy in WTO, 271–76

Vienna declaration (1993), 270Vienna declaration and Program

Action 1993 (VdPA), 285–86Vulnerability Fund for Africa, 607

Warwick Commission report, 584WIPO (World Intellectual Property

Organization) disclosure of genetic resources

or traditional knowledge, 125–26

Wolfsberg Group, 89–90World Bank

governance structures no longer reflecting global power realities, 140–41

influence over world trade, 206World Conference on Women (1995

Beijing), 50World Intellectual Property

Organization (WIPO) disclosure of genetic resources

or traditional knowledge, 125–26

World Summit for Social development (1995 Copenhagen), 50

World Trade Organization (WTO), see WTO (World Trade Organization)

WPTC (OeCd Working Party of the Trade Committee on Aid for Trade), 360–62

WTO (World Trade Organization) accession

China, 154, 554as development issue, 553deals

use of China as benchmark, 562commitments on market access,

562–64commitments on rules, 564–66implications for WTO

uniformity and transparency, 567–68

recognition of benefits, 561tariff reductions, 563–64variety in, 561

increasing complexity and length, 556–58

need to increase flexibility and assistance to developing countries, 559–61

problems, 552–55process

adoption process, 572–73challenges for candidate

countries, 558–59establishment of the Working

Party, 571examination of the trade

regime, 571






Index680

fact-finding, 571guidelines from Marrakesh

Agreement, 570historical success, 555–56negotiation phase, 571–72

proposals for change, 634accountability, 447Advisory Council proposal, 248African countries, 606–07assessment and evaluation, 626–27BICs (Brazil, India, China)

challenges and problems presented by, 142–46

increasing prominence, 140–42Business and Labour Council, 549,

625Committee on Trade and

development (CTd), 302–03

case for elevation to Council, 304–05, 628

oversight of Aid for Trade initiative, 358–59

commodity prices, 268–69constituencies, 447–48Council for Trade and development

case for, 304–05, 628establishing and supervising

WTO committees, 307–08implementation of development

policies and assistance, 306–07

regulatory monitoring, 307role, 305–06

CSO (Civil Society Organizations) Council, 549, 625

decision-making changes to benefit small

developing economies (Sdes), 246–49

changes to benefit small states, 226–27

changes to promote fairness, 475, 481–82

Code of Conduct for Chairs, 479–81

complexity, 269

consensus principle, 464–66, 475–76

critical mass agreements, 472–74involvement of developing

countries, 184–87non-State stakeholders, 540–46,

624–25plurilateral agreements, 471–72problems with, 461–64processes, 182–84single undertaking, see single

undertakingsmall group negotiations,

476–79variable geometry, 471, 588, 632voting, 467–69

democracy global administrative law (GAL)

development, 282–83hermeneutic democracy,

279–80amicus curiae briefs, 114,

281–82role of academic scholarship,

280low intensity democracies,

278–79national parliaments’

involvement, 277–78principles informing debate over,

266–70proposals, 295Vienna Convention on the Law of

Treaties, 271–76developing countries

changes to benefit, 610–30coalitions, 513–19


dispute settlement process challenges facing, 340–45changes to benefit, 616–17implications for trade

governance, 348–50participation, 335–38, 512–13

importance, 524–26institutional arrangements for,

302–04

WTO (cont.)






Index 681

development commitment to, 103–04, 302proposals, 295–96way forward to promote, 292–94

dispute settlement process adoption of open panel

proceedings, 114complexity, 341developing countries

challenges facing, 340–45changes to benefit, 616–17participation, 335–38

evolution since inception, 334–35fear of retaliation, 345regarding implementation of

accession commitments, 568infrequent use of alternative

mechanisms, 343–44lack of public–private

partnerships, 343least developed countries

participation, 337overview, 324, 329–34proposals for change, 345–48remedies available, 342–43,

346–47resource limitations, 341–42and single undertaking, 495–97small claims procedure,

347, 617small states, 222–24

dissatisfaction with, 261–62efficiency, 145–46

reforms to improve, 148–50empowerment, 446–47establishment, 493–95executive board proposal, 149,

247–48history, 7impact analysis of trade measures,

410inclusiveness, recommendations for,

547–49institutional structure, proposals for

change, 628–30labour mobility, 269least developed countries (LdCs),

182

Ministerial Conferences, 540–41, 543–44

monitoring function proposals, 618–21

need for holistic approach, 267–68negotiations governance, 18–20,

630–34Observers, 542Ombudsperson, 442–44, 452–53,

626functions, 448–52

overview, 206, 301–02Permanent Missions, 541–42policy change notification

requirements, 407priorities for reform, 15–18procedural rules, complexity of,

160–61reflecting global balance of power,

140–41research and statistics function,

627–28responsiveness, 137–38Secretariat, 7, 199, 222, 303, 398,

410–15, 421, 431, 481proposals for, 408, 416, 428, 589,

627–28, 629–30small developing economies

(Sdes) changes to assist participation,

245–46, 605decision-making, 246–49financial support for Sde

representation, 249–50increased technical work on

Sde issues, 249representation, 240–41

small states involvement, 218–19diplomacy and advocacy, 219–21litigation, 222–24negotiation, 221–22

stakeholder participation, see trade governance, stakeholder participation at WTO

standing body to review functioning of WTO system, 123

Sub-Committee on Least developed Countries, 303






Index682

Sub-Committee on Trade and Climate Change, 121–22

substantive rules, complexity of, 160sustainable development, stated

commitment to, 103–04transnational capitalist class (TCC),

261–62, 263–67transparency, 394–95

Aid for Trade, 422–27importance of, 395information systems, 395–96proposals to improve, 427–30

quality of information, 430–31sources of information, 431–32timing of information, 430uses of information, 432

Sanitary and Phytosanitary (SPS) Measures, 417–22

website, 444–46, see also TPRM (Trade Policy Review Mechanism)

voting rules reforms, 149–50website, see ACWL (Advisory Centre

on WTO Law); doha development Round (doha development Agenda, ddA); Tokyo Round; Uruguay Round

WTO Appellate Body, citing commitment to sustainable development in key rulings, 104

WTO-minus obligations, 565–66

WTO-plus obligations, 565–66China, 162implications for WTO uniformity

and transparency, 567–68

Yasuní project, 84

Zambia, nGO role in Sugar Protocol negotiations, 538

WTO (cont.)




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