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WTO Rights & Obligations:
Africa’s Strategic Application of
the GOLDEN RULE
Mombasa
2 November 2006
2
WTO Rights and Obligations – OUTLINE
Evolution and Codification of International Law
Significance of Ultimate Sources of Law Moral Legal Economic Development
Strategic Application of Background Negotiations Enforcement
3
Evolution and Codification
How do international rules of engagement evolve?
How are international rules codified?
Do rules-based results reflect origins? Treaties International undertakings
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Foundation of Human Interaction
The GOLDEN RULE
Do unto others as you would have them
do unto you
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The GOLDEN RULE – Int’l Law
Application in treaties
Diplomatic relations
International trade
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The GOLDEN RULE – Int’l Law
Evolution of practice
Codification under International Law
Application in Trade Relations
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The GOLDEN RULE at the WTO
Application in the Multilateral Trade System
Codification Rules
National Treatment MFN
Commitments Significance Practical Application
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An American Perspective
Norman Rockwell, 1894-1978
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Triple Self-Portrait - 1960
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Freedom from Want - 1943
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The Problem We All Live With - 1964
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The GOLDEN RULE - 1961
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African Perspective
One going to take a pointed stick to pinch a baby bird should first try it on himself to feel how it hurts.
- Yoruba Proverb (Nigeria)
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Significance / Strategic Relevance
Moral
Legal
Economic Development
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Moral Significance
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Legal Significance
Codification in rules
Basis for complaint
Enforcement
= Objectives
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Economic Significance
Basis for system to create economic opportunity and development (Theory vs. reality)
Guides economic policy decisions by Members
ONLY IF OBLIGATIONS ARE RESPECTED AND RIGHTS ARE ENFORCED
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Economics - U.S. Executive Policy
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Economics - U.S. Legislative Policy
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Economics - U.S. Trade Policy
“Just as we must abide by our international commitments so must [other governments], even if doing so is politically difficult. To do otherwise simply violates the golden rule – do unto others as you would have them do unto you.”
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Economics – More U.S. Trade Policy
“…we will work to make sure that we practice what we preach – that we too follow the golden rule – that we do unto other nations as we would have them do unto us.”
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Strategic Application by Africa
Golden Rule Rights
Golden Rule Obligations
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Considerations
Refining the Golden Rule Contractual flexibility and renegotiation
Fools’ Golden Rule Ideals and practicality
The Problem We All Live With - Do we live by and enforce codified ideals?
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WTO Ideal ---
…raising the standards of living, ensuring full
employment and a steadily growing volume of
real income and effective demand, and
expanding the production of trade in goods and
services, while allowing for the optimal use of
the world's resources in accordance with the
objective of sustainable development…"
25
WTO Practice ---
Strategic relevance of the GOLDEN RULE in the context of WTO rights and obligations.
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WTO Practice ---
For Africa, living by practical ideals at the WTO means GOLDEN RULE Enforcement, and Negotiation.
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THANK YOU
One law firm around the world One law firm around the world One law firm around the world One law firm around the world
WTO Rights & Obligations:
Africa’s Strategic Application of
the GOLDEN RULE
Mombasa
2 November 2006
