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This article considers reform for the World Trade Organization (WTO) primarily through a review of the book Behind the Scenes at the WTO: The Real World of Trade Negotiations/The Lesson of Cancun (Fatouma Jawara and Aileen Kwa), which exposes how the trade negotiation process makes it possible for a few right countirescountries to dominate the trade agenda at the expense of other countries. Beyond being a book review, however, this article provides new ideas to aide in equalizing the WTO imbalance toward powerful nations. The article focuses on efforts to increase public involvement in order to reduce secrecy, but that alone will be insufficient. Instead, the WTO must focus on the pressing needs of developing countries, such as agricultural reform, in order to provide legitimacy to the organization. Based on these theses, the article will establish the interrelationship with the book Behind the Scenes at the WTO and how the change in framework will bring effective transparency at the WTO for the benefit of Third World nations.
The publication provides historical and up-to-date insights into how reform can be transformational and progressive in nature and broadens the debate by focusing not only on new pathways for decision-making but also on important issues such as the environment and the SDGs. Finally, it highlights the importance of keeping the multilateral trading system alive for the benefit of all states, particularly for small states, Least Developed Countries and sub-Saharan African countries. WTO Reform: Reshaping Global Trade Governance for 21st Century Challenges, is designed to serve as a valuable resource for government officials, trade negotiators, journalists, academics and researchers who are attempting to sort through the complexities of the organisation and the role they can play in supporting a fairer, more inclusive WTO and multilateral trading system.
Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation
Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation
This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.
"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.
Publisher Description
This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Documents different experiences among economies in addressing the challenges of participating in the WTO.