WTO

Research Paper 92, March 2019

Notification and Transparency Issues in the WTO and the US’ November 2018 Communication

Various WTO Members submitted a Communication to the WTO in November 2018 which, if accepted, would affect the implementation of Members’ transparency and notification obligations at the WTO. It would strengthen the already burdensome notification obligations and introduce new punitive administrative measures should obligations not be complied with. This paper provides information about WTO Members’ current notification obligations and their level of compliance; looks at the history of discussions on notifications, particularly in the Working Group on Notification Obligations and Procedures which took place in  1995 – 1996; and provides an analysis of the Communication. The analysis focuses on the extent to which the elements are consistent with or go beyond the current WTO disciplines. It concludes that non-compliance with notification obligations is real. However, rather than expanding obligations and introducing punitive measures, constructive and effective solutions should be based on nuancing of obligations in the context of a Special and Differential Treatment approach and through the use of incentives. It also acknowledges that countries with a chronic lack of capacities will continue to struggle with the WTO’s complex notification obligations and requirements until they attain higher levels of development and, thus, improved institutional capacities.

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SC Working Lunch, March 2019

Title:               Working Lunch Meeting on E-Commerce

Date:                Friday, 15th March, 2019, 12:00 – 14:45

Venue:             The South Centre

Organizers:     The South Centre 

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Policy Brief 58, March 2019

Why the US Proposals on Development will Affect all Developing Countries and Undermine WTO

US submitted two highly problematic proposals to the WTO in January and February 2019, undermining the place of Special and Differential Treatment (S&D) for developing countries at the WTO. In the first paper (WT/GC/757), US criticises the practice of self-declared development status by developing countries arguing that the North-South construct no longer makes sense due to “great development strides”. The second paper (WT/GC/764) – a proposed Decision for the General Council – provides a way to operationalise what was in the first paper. It gave criteria that would exclude 34 Members or 53.6 percent of global population from S&D treatment in “current and future WTO negotiations”. This fundamentally changes S&D from an unconditional right for all developing countries to a concession that may or may not be provided. Even for those developing countries that are not part of the 34 excluded Members, the US notes that in sector-specific negotiations, other Members could also be “ineligible for special and differential treatment.” This paper critiques the US approach on Special and Differential Treatment and concludes that these papers by the US cannot be the basis for any further discussions. All developing countries must be able to decide the pace of their adjustment to trade rules.

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SC Working Lunch, February 2019

Title:               US proposal on Special and Differential Treatment (WT/GC/W/764)

Date:               Tuesday, 19th February, 2019, 13:00 – 15:00 

Venue:            South Centre, Geneva

Organizers:   The South Centre 

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SC Working Lunch, February 2019

Title:               Working Lunch Meeting on US’ proposal on ‘AN UNDIFFERENTIATED WTO’

Date:               Monday, 11th February, 2019, 13:00 – 15:00 

Venue:            South Centre, Geneva

Organizers:   The South Centre

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South Centre Analysis, 25 February 2019

WHY THE US PROPOSAL (WT/GC/W/764) WILL AFFECT ALL DEVELOPING COUNTRIES AND UNDERMINE THE MULTILATERAL SYSTEM

US’ recent submissions to the WTO attempt to fundamentally change the concept of Special and Differential Treatment (S&D) at the WTO from an unconditional right for all developing countries to conditioned concessions available to only a few. This will affect developing countries and undermine the multilateral trading system!

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Policy Brief 57, January 2019

Will the Amendment to the TRIPS Agreement Enhance Access to Medicines?

An amendment to the TRIPS Agreement by incorporation of the text of the decision of the WTO General Council on 30 August 2003 (as article 31bis) has been made in response to the problem identified in paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. This paragraph sought a solution to situations where patented pharmaceuticals which are not available in a country with no or insufficient manufacturing capacity can be supplied by a foreign provider. As originally adopted, the TRIPS Agreement did not allow the grant of compulsory licenses for exports only, thereby preventing generic manufacturers from exporting the required products to countries unable to produce them. While the new article 31bis is a step forward as it reflects public health concerns, it would be necessary to streamline the procedures to effectively ensure broader access to pharmaceutical products at low cost and in a timely manner.

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South Centre Quarterly Report, October-December 2018

South Centre Quarterly Report, 1 October to 31 December 2018

This report summarizes the programmatic activities of the South Centre during the period 1st October to 31 December 2018. It is intended to provide information, organized by Program and themes, about recent developments in the areas covered by the South Centre’s Work Program and publications made and meetings organized or co-organized by the Centre to examine particular issues or to provide analytical support for international negotiations taking place in various fora. It also informs about external conferences and other meetings where the Centre has participated.

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SC Working Lunch, November 2018

Title:                              Discussions on the Appellate Body crisis at the WTO

Date and Time:             Wednesday, 28th November, 2018

Venue:                           South Centre, Geneva

Organizer:                     The South Centre

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SC Book Launch, November 2018

Title:                       Negotiation Dynamics of the WTO – An Insider’s Account by Mohan Kumar

Date and Time:      Thursday, 15 November 2018, 17:00-19:00

Venue:                    Julius Nyerere Room, The South Centre, Geneva

Organizers:            South Centre, Research and Information System for Developing Countries (RIS)

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South Centre Quarterly Report, July-September 2018

South Centre Quarterly Report, 1 July to 30 September 2018

This report summarizes the programmatic activities of the South Centre during the period 1 July to 30 September 2018. It is intended to provide information, organized by Program and themes, about recent developments in the areas covered by the South Centre’s Work Program and publications and meetings organized or co-organized by the Centre to examine particular issues or to provide analytical support for international negotiations taking place in various fora. It also informs about external conferences and other meetings where the Centre has participated.

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