Marrakesh Agreement
Reform Proposals on Decision-Making at the WTO: Mapping the Consensus Debate in the light of the Marrakesh Agreement
By Vahini Naidu
This Analytical Note maps the consensus and decision-making proposals advanced in the pre- and post-MC14 WTO reform communications in the light of the Marrakesh Agreement. For each proposal it asks the same question: if the proposal were adopted, what in the Agreement would have to change, and through which legal route? The submissions are sorted into four analytical groups according to their effect on the consensus rule, and for the proposals that engage the Agreement’s text, the Note identifies whether the route is amendment, authoritative interpretation, a change to the Rules of Procedure, or an arrangement outside the Agreement, and sets out the procedure the Agreement prescribes.
The Note shows that Article IX:1, the consensus rule, and Article X:9, governing the incorporation of plurilateral agreements into Annex 4, are both entrenched by Article X:2, so that an amendment to either will take effect only upon acceptance by all Members.
A plurilateral agreement concluded and implemented outside the WTO requires no amendment to the Marrakesh Agreement. Article II:3 has no bearing on such an agreement until it is incorporated into Annex 4, and only that step of incorporation engages Article X:9 and its consensus requirement. The authoritative-interpretation power under Article IX:2 cannot be used to undermine Article X and therefore cannot substitute for amendment where the object is to change the consensus or incorporation rules.
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MC14 in Yaoundé: Implementation of Consensus in Ministerial Preparations
An Analytical Note on the Evolving Consensus Practices in the Lead-Up to MC14, 23 February 2026
By Vahini Naidu
This Analytical Note examines four procedural developments in the preparations for MC14 against the consensus requirements of Article IX:1 of the Marrakesh Agreement. These concern: (i) the transmission of the draft fisheries subsidies decision without a formal meeting of the negotiating body; (ii) the General Council Chair’s requirement that Members pre-secure consensus before proposed text can be considered for the Ministerial Declaration; (iii) the conduct of WTO Reform consultations outside formal WTO bodies; and (iv) the separation between the consensus-governed agenda and the non-consensus modalities that shape the Conference programme. Each development engages with one or more of the safeguards embedded in the treaty definition of consensus. The Note observes that these evolving practices, which have not been formally authorized by the membership, may have particular implications for developing countries and LDCs with limited delegation capacity.
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WTO Reform: Assessment of the Facilitator’s Communication and Process Ahead of the 4 November 2025 Plenary
An Informal Note Reviewing the Reform Tracks and Process in Advance of the 4 November Plenary, 2 November 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This note provides an analytical assessment of the Facilitator’s Communication and process ahead of the WTO reform plenary held on 4 November 2025. It highlights the growing procedural opacity surrounding the reform process, characterised by informal, facilitator-led configurations that lack clear mandates, participation criteria, or official records of discussions. These methods have blurred the lines between Member-driven deliberation and Secretariat-managed processes, creating uncertainty over accountability, legitimacy and inclusiveness.
Substantively, the Facilitator’s synthesis elevates certain reform tracks, notably decision-making and level playing field, as forward-looking agendas, while confining the Development and S&DT track to a diagnostic or exploratory stage. This imbalance risks entrenching asymmetries rather than addressing them. By conflating S&DT with the broader development mandate, the Communication effectively narrows the systemic development agenda of the Marrakesh Agreement to a limited discussion of differentiation and eligibility.
Read together, the procedural and substantive dynamics reveal a process that is fragmented, imbalanced and at risk of being shaped by informal interpretations rather than by Member-driven decisions. The note calls for restoring transparency, reaffirming the primacy of consensus and re-centring development as the organising principle of WTO reform.
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Reeling Towards Termination: Assessing the WTO Agreement on Fisheries Subsidies and the Future of Fisheries Disciplines
By Vahini Naidu
The WTO Agreement on Fisheries Subsidies (AFS, “Fish 1”) entered into force on 15 September 2025, introducing new disciplines on subsidies linked to illegal, unreported and unregulated fishing, overfished stocks, and certain high seas activities. While celebrated as a landmark achievement, the Agreement is partial in scope, omitting the broader category of capacity-enhancing subsidies that drive overcapacity and fish stock depletion. Its obligations rely on national determinations and extensive notifications that may prove burdensome for developing Members while allowing major subsidisers to retain flexibility. The unprecedented termination clause in Article 12 ties the Agreement’s survival to the adoption of additional “comprehensive disciplines,” underscoring both the fragility of the current outcome and the need for continued negotiations. The experience of Fish 1 reveals significant lessons for the proposed WTO reform, including the importance of reviewable and time-bound rules, the risks of imbalanced sustainability provisions, and the institutional weaknesses of restricted negotiating processes.
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WTO Reform: Structuring a Positive Agenda for Developing Countries
A Working Document on Structuring Reform Around Legal Principles and Development Priorities, 15 July 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This Working Document outlines a structured contribution to the WTO reform process from a legal and developmental perspective. It organises the wide range of reform issues into seven categories, based on their legal character, institutional handling, and the procedural steps required for meaningful resolution. The aim is to support a more coherent and inclusive reform process by offering a logical framework grounded in the Marrakesh Agreement and reflective of the WTO’s foundational principles. It is intended to assist Members in navigating reform discussions in a manner that is principled, transparent, and responsive to the priorities of developing countries.
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Expanding the production of COVID-19 vaccines to reach developing countries
Lift the barriers to fight the pandemic in the Global South
By Carlos M. Correa
The unfolding of COVID-19 has shown that the international system has been unable to ensure equal access to the vaccines and other products necessary to fight the pandemic. While the need for a strong response remains obvious, proposals for scaling up the production of COVID-19 vaccines across the globe are still blocked in the World Trade Organization.
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