Transcript Die Schweiz im Integrationsprozess: ordnungspolitische

WTO Today:
A New Negotiating Round
Thomas Cottier
Professor of Law
of Counsel, Baker&McKenzie
Santiago de Chile 13.11.2000
Principles of WTO Law
• Non-discrimination of foreign products
(goods and services)
• Gradual improvement of market access
(Trade Rounds)
– Tariff Barriers (average 3-5%, except agro)
– Non-Tariff Barriers (Dumping, Subsidies,
TBTs, SPS)
• Regulating Conditions of Competition
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WTO: A Rule-based System
• Traditions of Trade Diplomacy and Power
• WTO: 25‘000 pages‘ Agreement
• Legal Dispute Settlement Mechanism
– Panels
– Appellate Body Review
• Enforcement of Obligations
• Political and Domestic Implications
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Towards a New Round
• The great Legacy of the Uruguay Round:
expansion and implementation
• The Legacy of the Seattle Ministerial
Meeting (December 1999)
– premature agenda
– conceptually unprepared
– the impact of NGOs (transparency, democracy)
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Implementing the Uruguay
Round
• LDCs are behind in process of
implementation (absorption)
• Request for additional periods, technical
assistance and review of agreements
(TRIPs) and standstill and dispute
settlement
• Need for closer cooperation with WIPO,
World Bank and Regional Institutions
(constitutional challenge)
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Comprehensive or Sectoral
Negotiations?
• Limited Scope in a New Round
• Art. III of the WTO Charter: “The WTO shall
provide a forum for negotiations...”
• Sectoral Provisions in respective Agreements,
e.g.:
–
–
–
–
Art. 20 of the Agreement on Agriculture
Art. 19 of the GATS
Art. 27 of the TRIPS
Art. 9 of the TRIMS
• Idea of ongoing Negotiations v. Package
deal approach
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Sectoral negotiations
• “Both sets of negotiations [Agriculture,
Services] are going well. Indeed, we have
probably made as much progress this year
as we would have done within the context
of a wider round.”
Mike Moore, 6 November 2000
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Agriculture
• Art. 20 of the Agreement on Agriculture
• US:
– substantial reduction of tariffs, export subsidies, and
domestic support
– recognition of the legitimate role of government
• Cairns group (including Chile):
– stand alone negotiations (not US)
– substantial reduction of tariffs
– elimination of all export subsidies and domestic
supports
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Agriculture
• EU and other Europeans:
– willing to negotiate further reduction in export
subsidies
– right to pursue rural development policies
(multifunctionality)
– importance of consumer protection, e.g.
through the regulation of labelling
• Developing countries:
– creation of a ‘Development Box’ and special
safeguards
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Services
• Art. 19 of the GATS
• Two phases:
– ‘rules-making’ phase (rules on safeguards,
subsidies, and government procurement)
– ‘request and offer’ phase (negotiations of
further market access)
– Inclusion of sectors (maritime transports)
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Investment
• Art. 9 of the TRIMS
• Failure to successfully negotiate a
Multilateral Agreement on Investment
(MAI)
• Establishment of a Working Group
• Main issue: Local Content Requirements
• No negotiations currently
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Competition Policy
• Art. 9 of the TRIMS
• Establishment of a Working Group
• Supportive in Establishment of Competition
Authorities in many Countries
• No negotiations currently in WTO due to
US resistence
• US proposes Global Competition Forum
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Environment
• Claims to give environmental standards a
place more prominent in the WTO
• Strenuous resistance from developing
countries (fear of disguised protectionism)
• New issue of genetically modified
agricultural commodities: role of science
and role consumer preferences? (SPS
Agreement)
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Intellectual Property Rights
• Consolidation of TRIPs Agreement
(Implementation)
• EC and Switzerland press for improved
protection of geographical indications
(wines)
• Patenting of life forms and protection of
traditional knowledge will be a key issue
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Labour Issues
• Dichotomy WTO - ILO
• US with EC support presses to
institutionalize the link between trade and
labour within the framework of the WTO
• Developing countries resist labour standards
• Quest for Minimal standard definition and
advantages for LCDs having them in
foreign investment
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Electronic Commerce
• Examination of issues related to electronic
commerce by the Goods, Services and
TRIPS Councils, and the Trade and
Development Committee
• Customs duties on electronic transmissions?
• US presses for free of charge rules while
other countries depend on fiscal revenues
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Conclusion
• Consolidation of Uruguay Round Results
• Minor Market Access Round, less rulemaking (Agriculture, Services)
• Back to Special and Differential Treatment?
• Prime Importance of Dispute Settlement
and Case Law
• Accession of China
• Conceptual Work ahead (transparency,
democratic accountability)
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