Analytical Note, November 2013

WTO’s MC9: Analysis of the Text on the Monitoring Mechanism

The text on the Monitoring Mechanism (JOB/TNC/34) which has been transmitted from Geneva to the Bali Ministerial is extremely disappointing. It

• Does not allow for the strengthening of S&D provisions
• Will be about reviewing the implementation of existing S&D provisions, not strengthening S&D provisions themselves
• Is not a place where negotiations will be able to take place since ‘in carrying out its functions, the Mechanism will not alter or in any manner affect, Members’ rights and obligations under WTO Agreements… or interpret their legal nature’. i.e. the Mechanism is toothless.
• Can only ask other negotiating bodies to review the implementation of S&D provisions.
• Even so, in asking the other bodies, it cannot give them specific instructions of the outcome since it cannot ‘define or limit’ the ‘final determination’ of these bodies. I.e. it cannot be specific and mandate these bodies to improve a provision.

In short, the Mechanism is ineffective and will not serve the purpose the demandeurs had wanted – to strengthen S&D provisions.

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