Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
A VoxEU.org eBook
Contents
Foreword The Doha dilemma: An introduction to the issues and possible solutions Richard Baldwin and Simon Evenett There is no Plan B only Plan A: Towards completing Doha Mari Pangestu Acknowledge Dohas demise and move on to save the WTO Susan Schwab Next Steps: Getting past the Doha Round crisis Ujal Singh Bhatia Next Steps: Is an early harvest still possible? Zhenyu Sun Getting past the Doha Round crisis: Moving forward in the WTO John Weekes The good ship Doha: Salvage-and-abandon-ship or repair-and-wait? Stuart Harbinson Keeping the WTO on track: A Doha down payment plus more Richard Baldwin and Simon Evenett vii 9
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Doha is deadlocked the members of the WTO are unable to give up and unable to go forward. In this eBook the contributors propose several dmarche that consider various combinations of 4 initiatives that offer a way out of the current impasse: Deliver a down payment Ditch the current process of negotiating in silos it doesnt work Develop a new and forward-looking agenda for the WTO Demonstrate some leadership: The down payment is straightforward. All the contributors suggest a number of area where agreement is already close, and which could be wrapped up in time for the December Ministerial. After a decade of negotiations, it hardly seems right to call this an early harvest, but a set of measures that focus on the needs of the least developed nations seems right for a Development Round. The current approach to negotiations is clearly not working and offers no way forward. Why not try new approaches? A number of contributors suggest abandoning the current silo approach. The December Ministerial, they argue, should adopt a new approach, abandoning modalities and emphasising horizontal negotiations. One contributor, exUSTR Susan Schwab, suggests abandoning the Round altogether and starting from scratch. While much of the energy in the Doha negotiations has been expended on traditional issues such as agriculture, and market access for goods and services, there is a long list of new issues that will only grow in importance over time. Several contributors advocate a programme of analysis and discussion that will help members better understand issues such as competition policy, climate change, and government procurement.
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The current Doha deadlock is largely due to the absence of leadership from the major players. Expecting leadership now from any of the Big 5 is unrealistic. Baldwin and Evenett, drawing on their discussions with a wide-range of WTO delegations, suggest that one demarche that could help unblock the impasse is a bold move by the middlepower WTO members. They could seize the initiative by adopting a set of unilateral measures to offer to liberalise trade. The new commercial opportunities this would provide would remind exporters what they have to gain from the conclusion of the Round. Richard Baldwin and Simon Evenett have acted with their usual speed and efficiency, assembling at short notice a distinguished group of authors whose essays identify solutions to Doha Deadlock. And as always, they have been very ably supported by Team Vox, in particular by Bob Denham, Samantha Reid, Anil Shamdasani and PierreLouis Vzina. We are grateful to them all. Stephen Yeo Chief Executive Officer May 2011
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World leaders must make important decisions concerning the future of the Doha Round for the 31 May 2011 meeting of the WTO membership. This essay introduces the issues and summarises contributors suggestions for Next Steps. It argues that the best outcome would be for WTO members to agree to work towards a small package of deliverables for December 2011 and push the rest of the agenda items into the future perhaps with specific instructions for changing the basic negotiating protocols used to date. Global leaders face a dilemma over the WTO multilateral trade negotiations known as the Doha Round. The talks are dead in the water; both movement forwards and movement backwards seem blocked. How did we get here? Current and former trade policy officials typically emphasise two points. Ten years of talks have made some progress but it now must be taken as a hard fact that the Doha Round in its entirety will not finish this year. No government is willing to announce publicly that they want to abandon the Round. The sources of unwillingness vary. Some argue that abandoning the Round would throw away genuine progress, such as the ultimate phase-out of agricultural export subsidies. Others wish to maintain attention focused on particular problems in the trade system. Yet others simply fear that theyll be blamed for delivering the bad news.
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Doha Round to effect critical adjustments to the world trading system especially a rebalancing of the level of openness to agricultural versus industrial trade (Nassar and Perez 2011). If one or more of the Big-5 reject a deal that most members still think is doable, the blame game could get very nasty. There is a great danger that this level of ill-will could undermine multilateral trade cooperation for years. It could lock in the growing perception that the WTO is not a place where serious negotiations can be conducted. The US in particular is likely to be subject to severe criticism in a way that might have the unintended consequence of convincing US Congressional and private sector groups that the WTO is not a forum where America can do business. Such an outcome would serve no ones interests. Despite the clear logic of Schwabs and Weekes arguments, the pitfalls highlighted by Bhatia and Sun find resonance with most world leaders. This is why almost every WTO member opposes Road 1. As a consequence, it is extremely unlikely that WTO members will decide to declare Doha dead any time soon.
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the existing elements even less likely. Worse still, a suspension would strengthen and spread the belief that the WTO is not an appropriate venue for multilateral negotiations. As Ujal Singh Bhatia writes: the Round will continue to hang like an albatross around the WTOs neck, preventing it from addressing new challenges to the global trading system. This would be particular worrisome since the world economy is moving into a phase of great stress. It is facing new challenges that will require multilateral solutions issues like food security, natural-resource export restrictions, and trade in goods, services and technology that are essential to climate-change adaption and mitigation.
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1. 2.
How much time should be spent on negotiating the small package? Which items should be in the small package?
The contributors disagree over the first issue. Susan Schwab argues for giving it not more than 2 weeks; others suggest longer. They all, however, recognise that a prolonged and contentious negotiation on a small package especially one that ultimately proved fruitless would solve nothing and might harm the system. There is far more agreement on the second issue possible composition of the small package. All the contributors, and most of the WTO delegations with whom we spoke, suggest that some items on Dohas massive negotiating agenda are close to conclusion. Indeed, the lists are remarkably similar despite the vast differences in the contributors perspectives. They all point out, however, that striking even a very restrained list of agreement will require abundant goodwill and hard negotiating. Suggestions for the small-package items include: Some sort of accord on duty-free, quota-free treatment for least developed nations; A waiver that allows WTO members to provide preferential access to services trade from least developed nations; An agreement to reduce distortions in cotton to the benefit of least developed nations; A package of measures that promote trade facilitation, i.e. reducing barriers to imports stemming from excessive red-tape barriers in customs, inferior port infrastructure, and other non-trade-policy impediments to trade; An agreement on a monitoring mechanism for special and differential treatment; An agreement to make permanent the transparency mechanism for regional trade agreements that has been operating successfully for years; An agreement on certain non-tariff barriers;
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An agreement formalising cooperation between the WTO and various multilateral environmental agreements. Other issues may ultimately prove tractable or necessary to provide balance. Those most often mentioned include a standstill agreement on fisheries subsidies, certain aspects of the less controversial rules negotiations, and export subsidies. Such a package could also include other DDA matters for which the negotiations could be completed quickly or non-DDA matters where the WTO membership is at one, such as the promising negotiations to upgrade the WTOs Agreement on Government Procurement. The final issue is what to call the small package; this is not a trivial matter. One option is to just boldly call the small package the Doha Round to declare victory and move on. While this would clearly disappoint many, it speaks to the objective of not letting the Round drag down the WTO not allowing the WTOs credibility to be further damaged by endless discussions that can never led to a happy ending. Of course, this option would leave unsolved the core Doha issues reducing distortions in and improving market access for industrial goods, agricultural products, and services trade, and updating the rules. But it might allow members to re-craft the parameters of the negotiations in a way that would be more likely to lead to success. This is clearly the view taken by Susan Schwab and John Weekes. As John Weekes puts it: Not completing the Doha Round would be a serious setback to the WTO and the multilateral trading system. However, if it is clear that the Round cannot be concluded successfully, it is better to admit that and work constructively to develop an agenda for the future work of the organisation. Another option would be to wrap up the collection of small agreements into a package called the Doha down payment or Doha deliverables, or Doha early harvest as a way of stressing that all the Doha agenda items are still on the table.
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A third option would be to view the individual items as standalone agreements to be agreed by the ministers of WTO members at the December meeting without clear reference to what comes next. This brings us to the next major element of the Road 3 pathway: What to do with the rest of the agenda?
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Concluding remarks
Many decent, hard-working public servants have committed plenty of energy to the Doha Round since its inception. At this critical time, any temptation for recriminations or lapses into bitter disappointment should be set to one side to let governments chart a new path for the WTO. The circumstances facing WTO members in the middle of 2011 are hardly ideal, and the set of options that stand any chance of acceptance is narrow. In times like these, it would be a mistake to make the perfect the enemy of the good. It is time to think creatively and cooperatively about getting the WTO past the Doha crisis. A decision, or non-decision, that led to several more years of drift years that will be complicated by elections and changes in governments in some of the leading trading powers could turn out to be the beginning of the end for the WTOs role as leader of the global trading system. The alternative uncoordinated developments led by the
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Big-5 in their own systems of regional trade agreements is a very plausible outcome at this stage, but not one that will ultimately serve anyones long-run interests.
References
Andre Nassar and Carlos Perez (2011). Why WTO members should not give up the Doha Round: The case of agricultural trade, in Richard Baldwin and Simon Evenett (eds.), Why World Leaders Must Resist the False Promise of a Doha Delay, VoxEU, April.
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Doha is stalled by gaps that are unbridgeable today. Indonesias Trade Minister argues that we need to be guided by priorities and pragmatism. We should develop a set of stepping stones that will help us complete the Doha Round eventually. We should identify the areas that are achievable in the very near future but which have an impact on development while building confidence for the continued journey to a successful Round. We should never lose sight of the final goal completing the Doha Round as a single undertaking. In short, we are not looking for a Plan B; we are looking for a new way to execute Plan A. The importance of completing the Doha Development Agenda sooner rather than later goes beyond bringing gains of $360 billion of additional trade with substantial benefits for industrialised and developing economies (HLTE 2011). The importance also goes beyond what pragmatic soothsayers who are telling us: Why are you worried, the WTO system will continue to be robust whether we conclude Doha or not. Companies and countries will continue to trade. As a developing country policy maker and I believe I speak for many other developing countries I am greatly worried about the costs and opportunity lost of not completing Doha.
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During the 2008 food crisis, imbalances between supply and demand were partly attributed to distorted agriculture prices caused by trade-distorting export subsidies and domestic-support schemes. The agriculture package in Doha will go some way to address this. In todays situation of high commodity prices, now is the perfect time to address the removal and elimination of such trade-distorting policies. Removing these distortions can only be achieved through multilateral negotiations, not through bilateral or regional agreements. Most importantly, the winners would be the billions of hungry and poor people all over the world; correcting the system and ensuring the future supply of food and greater price stability is very much in their interests. For example, in Indonesia a 10% increase in the price of rice, without any change in income, would lead to a 1% increase in poverty. Second keeping protection at bay. During the depth of the crisis benign protectionism was the order of the day, according to the self-reporting surveillance mechanism established by the WTO at the request of G20 Leaders. This allowed the rebound of trade to become one of the costless ways for the global economy to recover. It is ironical that in the recovery, the latest report (WTO 2011) shows that there has been a slight increase in protectionism causing an estimated impact of 0.6% to G20 exports. The main increase has been due to tariff increases, automatic licenses, and other restrictions including export restrictions. Whilst this is still small, it is nevertheless double from the previous period. Restoration of the confidence in the world trading system through clear signals that we are progressing on completing the Round is crucial to keeping protectionism at bay. Developing countries such as Indonesia have a great interest in this because only the multilateral trading system will provide the fair, rulesbased trading system for us to face large and more developed partners on a fair and equal standing.
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Third the lack of progress on the Doha Round already has, and will continue to raise the pressure to undertake bilateral and regional free trade negotiations. In the ASEAN region there are already FTAs between ASEAN and all six of its dialog partners (Australia, China, India, Japan, Korea, New Zealand), and numerous bilateral FTAs. The EU has just completed negotiations with Korea, which has put pressure for the Korea-US FTA to be ratified as soon as possible. The EU has also completed negotiations with India, and is negotiating with Singapore, Malaysia, and preparing to do so with other ASEAN countries. Recently China, Korea and Japan announced revitalization of their FTA initiative. Furthermore we have the Trans-Pacific Partnership initiative between 8 members of APEC. It is not the bilateral and regional free trade agreements which are problematic per se; it is negotiating them in the absence of a robust WTO system a system which is seen as meeting the needs of the current and future trade-linked issues. Bilateral and regional agreements can only work towards complementing the multilateral trading system when they are WTO-plus, not WTO-instead. Fourth the potential dampening effect on unilateral reforms. The political economy of openness in trade policy and institutional reform have always functioned better within the framework of international commitments. Multilateral rules impose an important caveat on what countries can or cannot do. In a country like Indonesia this has worked to our advantage in the way we frame our reforms, and in fact has functioned in the past to put bad policies to rest. For instance in the famous National Car case in the mid 1980s, which violated the MFN principle by allowing duty-free imports of cars only from one source country, the domestic politics at the time did not allow for policymakers to remove this policy. The policy was finally ended through the WTOs dispute settlement mechanism. It would be too bad for reforms if the process is undertaken within weakened confidence of multilateral trading system, or one which will eventually not be relevant to the evolution of 21st century trade issues.
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unbridgeable gaps. In identifying the areas where we could find convergence, a number of priorities stand out. First and foremost is areas of negotiations that will contribute and deliver to development objectives such as the Least Developed Countries package and/or an effective aid-for-trade, and facilitation package; this is, after all, a Development Round. Second areas where there would be clear benefits for development and the private sector in facilitating and ensuring the benefits of trade are greater; we need stakeholders to be cheerleading the way forward. Third there could be areas where we would be able to address the food-security challenge. One could also foresee that, within each current area of negotiations, there could be items which could be wrapped up without disturbing the overall balance of elements in that particular area. It is important that we do not go into new negotiations in identifying which areas. We should go into the mode of identifying these pathways and steps with the mindset and political will of win-win. We need to be guided by priorities and pragmatism. That is, to identify the areas that are doable and achievable in the very near future, but which have an impact on development and increasing the benefits of trade, while at the same time building confidence for us to continue our journey to the final package. Most importantly, we should never lose sight of the final goal of the single undertaking.
Looking forward
It is also important to provide the signal in what we say and do elsewhere. Beyond talking about Doha, we must ensure continued confidence in and implementation of the rules-based, open trading system.
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This would mean the commitments of G20 Leaders and others on refraining from protectionism going beyond words; the good intentions need to be strengthened with commitments and actions. It also has implications for how we undertake bilateral and regional agreements; these should be done in a way that is not an alternative to, and does not detract from the multilateral trading system. We should pursue regionalism in a way which is going to contribute to and complement the system.
Concluding remarks
In conclusion, we should not underestimate the costs of not doing all this. We will need to draw upon the strength of our individual and collective political commitment. We need to call on the ability of some major economies to look beyond pure national interests, and to look at the impact and costs on the global system and economy. And we need to remember that there are many countries and billions of people many of which are impoverished who are waiting for the Doha deliverables.
References
HLTE (2011), World trade and the Doha round, final report of the High-Level Trade Experts Group chaired by Jagdish Bhagwati and Peter Sutherland. WTO (2011). Reports on G20 trade and investment measures (mid-October 2010 to April 2011), WTO Secretariat, 24 May.
Economic Cooperation Council, and serves on the Board of the Overseas Development Council; World Gold Council; and the Asian Journal of Business from The University of Michigan, Ann Arbor. She has published widely on a range of subjects including matters pertaining to Indonesia as well as regional (i.e. Asian and Asia Pacific) and global issues. She earned her B.A. and M.A. in economics from Australian National University, and a Ph.D. in economics from the University of California, Davis.
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The Doha Round has failed, according the former US Trade Representative Susan Schwab. This essay argues that prolonging Doha jeopardises the multilateral trading system and threatens future prospects for WTO-led liberalisation. Negotiators should salvage whatever partial agreements they can from Doha, and quickly drop the rest to ensure the December ministerial meeting focuses on future work plans rather than recriminations over Doha. The Doha Round has failed. It is time for the international community to acknowledge this sad fact and move on. Prolonging the pretence that the Doha Round will succeed is now a greater threat to the WTO and the multilateral trading system than facing the truth. A great many smart, hard-working and well-intentioned individuals have worked over many years to realise Dohas potential to contribute to global economic growth and development. But what is on the table in Geneva has failed to deliver any outcome, let alone a meaningful one. It is time for a swift, clean break from the past and to lay the groundwork for a future where the WTO and its members revive WTO-led liberalisation and reform.
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recriminations about a Doha Development Agenda that has struggled through one failed encounter after another. Negotiators should refocus their efforts on near-term wins and on building the next Round which need not be another behemoth, but perhaps a rolling round of reforms and new market access, or a few highest-common-denominator plurilateral, or WTOplus deals. Ultimately, these should lead to a broader-based market access and rules agreement under the multilateral auspices of the WTO.
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give up and move on to the real challenge of launching a new series of multilateral negotiations under WTO auspices.
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on expanding the 1997 Information Technology Agreement; a number of nations seem interested and the US Administration already has the authority to implement an enhanced agreement. If negotiators fail to work through the 850 brackets in the current Doha trade facilitation text, that could also be tackled as a stand-alone agreement, since each nation would benefit from more efficient movement of goods and services across borders. Another confidence-building measure might be a merger of sectoral agreements geared toward a widely-shared objective, such as cheaper, better healthcare. A package that included pharmaceuticals, medical devices, and healthcare services might attract support from the broad array of WTO members across the development spectrum. Given the high-level of public interest in and awareness of environment issues, a sectoral negotiation on environmental goods and services might be another confidence-building deal, once it is removed from the straightjacket that Doha has become.
Lessons from Doha for next steps and the next round
Confidence building agreements would offer modest economic and social contributions, and serve to prepare the atmospherics for launch the next Round. This brings me to my last topic the lessons we should draw from a decade of Doha talks. One thing that is quite clear from years of struggling with the basic structure of Doha is that the combination of formula and self-selected flexibilities has not worked. It resulted in a situation where every negotiator had to assume the worst case knowing the political costs they would pay for their own liberalisation, but expecting their trading partners to use flexibilities to negate any meaningful new market-access. It is possible to draw from the best of the Doha formulas such as the higher the barrier, the greater the cut while still creating real negotiations around them through requests and offers delivered using above- and below-formula cuts.
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Another key lesson is that lumping the worlds very diverse economies into three basic categories developed, developing, and least developed is a practice that no longer fits 21st century economic and trade realities. Nor is it a structure conducive to negotiations and real progress based on an exchange of market access among nations with large markets. Yes, the advanced economies should be expected to do more than those at lesser stages of economic development, but expectations should also reflect the fact that many emerging economies are characterised by both poverty and sectors where they are globally competitive trade powerhouses. The emerging economies have large markets, represent over half of global GDP growth, and stand to be the biggest winners from any major trade agreement. They should be expected to contribute to the next Round accordingly. Major trade agreements generally take at least 12 years to implement from the time they are initially concluded. What should the world trading system look like in 2025 in terms of the absolute and relative responsibilities of key trading nations?
Concluding remarks
I am optimistic when it comes to the multilateral trading system and the WTOs central role in its governance. The optimistic scenario is that we put the Doha Round behind us. Facing facts can invigorate and strengthen the trading system. If we fail to act, the WTO risks losing its relevance. The Doha Round which in my view cannot be concluded as it is conceived today should not be allowed to continue draining the WTOs credibility and potential progress on the multilateral front. Now is the time to liberate the would-be trade liberalisers from the Doha straightjacket and move on.
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References
Schwab, Susan (2011). After Doha: Why the negotiations are doomed and what we should do about it, Foreign Affairs, May/June.
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Hopes for finishing Doha in 2011 are fading fast. This essay suggests a three-track approach for moving beyond the Doha crisis. 1) Identify a package of deliverables parts of the Round that could be agreed by December 2011. 2) Assemble a package of contentious issues for ongoing negotiation with clear terms of reference. 3) Establish a work programme to consider WTO institutional reform and forward-looking issues. For reasons that are too well known to be repeated, the WTO finds itself at the crossroads. Decisions to be taken in the next few weeks will determine whether it can steer its way to a successful conclusion of the Doha Round in the near future. Failing this, the Round will continue to hang like an albatross around the WTOs neck, preventing it from delivering the promised boost to least developed nations and freezing its ability to address new challenges to the global trading system. All countries would suffer from such an outcome, but especially the worlds poorest and most vulnerable.
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For example, if food exporters continue to impose export barriers when prices rise, food importers may respond with import barriers to boost self-sufficiency. This sort of protectionist reverberation could lead the world to a situation in which all the players are worse off but none can improve the situation unilaterally. Avoiding this sort of outcome would require global agreements. There are very few global institutions that could manage such cooperation; indeed the WTO might be the only one. A WTO locked in endless Doha debates cannot be the centre of the rules based global trading system. There are many thinkers who believe that the structure of WTO rules is robust enough to withstand a Doha failure. It is true that the sky will not fall if Doha is terminated without a conclusion. Such analysts, however, tend to underestimate the significant structural changes taking place in the global economy and the trading system. The WTO is working on a set of rules agreed upon in 1994 that were based on an agenda set almost a quarter of century ago. These are still useful and relevant for much of world trade but not all. For instance, the rules were not designed for the technologydriven fragmentation of the manufacturing process and the distribution of the product value chain across several geographical locations, the intertwining of production with related services, the embedded intellectual property rights in components and subcomponents, or the multiplicity of rules of origin. All these require a different approach to rule making. A WTO that remains preoccupied with the Doha Round cannot be expected to focus on such issues. Therefore, the continuing relevance of the WTO and its primacy in the global trading system are contingent upon a successful and early conclusion of the Doha Round. Notwithstanding this urgency, it is now clear that a Doha package cannot be wound up in 2011 along the lines agreed by G20 leaders in November 2010. To prevent this from tying the WTO in knots for years to come, it is necessary to think creatively about ways forward.
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A three-track approach
These constraints require the WTO to adopt a three-track approach during the next few months leading up to the ministerial meeting in December 2011. Track 1: Identification of a list of issues that specially address the trading interests of smaller developing countries and relatively less contentious issues, for fast tracked finalisation before the ministerial meeting. Track 2: Identification of a package of the more contentious issues for continuing consultations with clear terms of reference. Track 3: Identification of appropriate terms of reference for a work programme on WTO institutional reform, and the forward-looking agenda.
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A possible timeline
These three tracks, taken as a package, would provide a way forward that respects all four constraints. Achieving consensus on them would be difficult and require months of preparatory work and negotiations. If the WTO membership starts immediately, however, there is still time to get the package ready for finalisation by ministers at the December 2011 ministerial meeting. For this to happen, it is essential that discussions on such a package begin this month so that its contents can be finalised by the end of June 2011. This would leave about four working months before the ministerial meeting to complete negotiations on the selected areas.
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It should also include areas of the negotiations that engage the interest of all members such as: Trade Facilitation; All aspects of export competition in agriculture including export subsidies; The Transparency Mechanism for regional trade agreements (RTAs); The non-tariff barriers (NTBs) package in non-agricultural market access (NAMA); and A ministerial decision on interactions and relationships between the WTOs rules and its committees, on the one hand, and existing multilateral environmental agreements, on the other (e.g. the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes, and the Montreal Protocol on Substances that Deplete the Ozone Layer). While some members would like to exclude some of these areas from a fast tracked process in the hope of using them for trade offs in the final stage, it is important that the package is as comprehensive as possible.
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knowledge and folklore that were are mentioned in the Convention on Biological Diversity1. The need for a balanced package deserves emphasis. It is often assumed that there is a straight trade-off between agricultural subsidies and market access. The situation however, is more complex. The interest of countries like India, China, and Indonesia in agricultural reform is more systemic than export related. For them other incentives, within the mandate, will be required.
Closing remarks
The above proposals constitute a basic template for addressing the Doha conundrum. To what extent they are actually embraced will depend on how much political capital the major members of the WTO are prepared to invest in moving the Doha Round forward. There is much scepticism about whether such political will exists. It is time for governments to prove the sceptics wrong.
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Doha is deadlocked. This essay argues that the options are: i) to declare the negotiations dead, ii) to suspend them until after the US elections, or iii) to negotiate an earlyharvest agreement for the end of this year. The author strongly believes that the early harvest is worth the extra efforts for both the WTO and the worlds poorest. I am greatly interested in the discussions among experts and professors recently on the future of the Doha Round. While I can feel their strong sense of frustration about the deadlock, I dont see any real possible solutions for the problems at hand. I dont have one either. The lack of a solution is probably due more to political problems than to technical problems.
Next steps
To announce that the Doha Round is dead would be easy. But then what? Would such an announcement inspire people to inject more energy to the work of the organisation? Would it serve the purpose of strengthening the multilateral trading system? I rather doubt it. After dropping the Round, what could be done next? Just continue with business as usual? Should members only focus on trade policy reviews, on regular meetings in the bodies under the General Council, and on dispute settlement cases? Should they take it for granted that the panellists and Appellate Body members will be able to fill in the gaps of writing new rules for the world trading system? This does not sound very attractive.
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poorest nations, an agreement on cotton, and an agreement on trade facilitation, they are unlikely to agree to implement them now because they will need to use these issues to negotiate trade-offs with their other interests. I would like to make an appeal to those members.
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2010) has indicated some areas where members could try to build consensus and adopt a decision at the December 2011 ministerial meeting (Bhatia 2011). I strongly believe that it is worthwhile to make some extra efforts along the lines he has proposed. In any case, duty-free-quota-free treatment for LDCs and the issue of cotton have to be included in the package. These are decisions taken at the Hong Kong Ministerial Meeting; its immediate implementation would be conducive to addressing the great concerns of the poorest countries and thus very much in line with the principle of the Doha Development Round. Trade facilitation could bring benefit to all members. It could help trade expansion enormously and bring even more benefit to trade than would further reduction of tariffs. It could also help President Obama achieve the goals of doubling US exports in the next 5 years and substantially increasing employment at home. The date for expiration of export subsidies at 2013 was adopted at the Hong Kong ministerial meeting and should be included in the package. The EU may want to bring in some other issues to balance its interests. Personally, I believe it is doable through adding some issues of their interest, such as environment products, to the package.
Concluding remarks
When they meet in Geneva this December, I am sure that members would prefer to have their trade ministers making some kind of substantive decisions. An early package for the Doha Round is probably a suitable one for the ministers to consider and to deliver at their meeting later this year.
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References
Singh Bhatia, Ujal (2011), Salvaging Doha, VoxEU.org, 10 May.
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Getting past the Doha Round crisis: Moving forward in the WTO
John Weekes
Bennett Jones LLP
The Doha Round is stuck. This essay argues that finishing Doha would be best, but if this is impossible, we should admit it and move on. Investing more resources and credibility in a failure would only damage the WTO and multilateral cooperation. Leaders should turn their energies towards building an agenda for the WTOs future work that responds to 21st century interests. Getting this right is critical; the WTO cannot afford another failure if Doha dies. An early harvest is an excellent idea, but only if it can be done quickly. Bringing the Doha negotiations to a successful conclusion is by far the best course of action. The valuable contribution that such a development would make to strengthen the trading system has been examined at length elsewhere. No single achievement would be more valuable than binding in the WTO rulebook the current level of trade protection maintained by its members in all three areas of market access industrial goods, agriculture, and services. This action would permanently capture the considerable liberalisation that has taken place since the effective conclusion of Uruguay Round in 1993. It would also set a new start line for the launch of any subsequent negotiations, which will surely come before too long.
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the future work of the organisation. It would be damaging to invest more resources and credibility in something that cant be done. The WTO itself remains an extremely valuable institution. Its worth has been proven by the role it played in discouraging its member governments from taking protectionist actions during the recent global economic crisis. The continued accession of new members to the organisation is a further indication of just how valuable it is to the international community. In a world of global supply chains, business needs a set of multilateral rules within which to operate now more than ever.
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in Seattle, launching the Round as a political act in the face of terrorist threats in 2001 was not an adequate foundation.
Develop the WTOs future work programme over the next two years
WTO member governments should now begin to plan the future work programme of the WTO. The last major work programme undertaken in the multilateral trading system began at the fractious GATT ministerial meeting in 1982. The work then undertaken in the GATT was supported by efforts undertaken in other international organisations and domestically by the various contracting parties (as members were called back then). The product of those efforts became the basis for launching, and then concluding, the Uruguay Round negotiations. Obviously the world of 2011 is very different from that of 1982. Global supply chains and the seamless connections between trade in goods, trade in services, and investment present a series of new challenges for the trading system. Members should start to plan the future work now. But this is work that should be done properly and not in haste. One of the problems with the 1990s built-in agenda was that it was very difficult to introduce any new items into the discussion, even including consideration of further tariff liberalisation. In order to avoid such difficulties, it would be useful to develop the future agenda over a two-year period. Ministers at Decembers ministerial conference could ask the General Council and the Director-General to consider the matter and come forward with suggestions for the future work of the organisation at the next ministerial conference in 2013.
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on which parts of the Doha Round should be salvaged given the different priorities of WTO members. The effort would also serve the purpose of testing whether the WTO can negotiate agreements outside the context of a round. It would be very useful to have an answer to that question.
Concluding remarks
If the Doha Round is not successful, the WTO cannot afford another failure. Building a solid agenda for the future work of the WTO that responds to the real interests of its members needs to be a central task of the organisation.
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The core Doha goals better market access and rules for agricultural, industrial, and services trade still matter, but Doha is a ship run aground. This essay argues that the choices are: i) to abandon ship and try with a new ship later, or ii) to patch up the holes by delivering some progress in December 2011 and then wait for a high tide to carry us off the rocks. Only the latter is likely to achieve the core goals. The good ship Doha is well and truly stuck on the rocks. Lets make no mistake the rocks are substantial and there is no magic solution that will instantaneously get us off them. The choice now facing us is to salvage what we can and abandon ship, or to patch up the holes, wait for a high tide, and sail on. While the agenda is 10 years old and showing its age in some respects, few are currently advocating its abandonment. This is because the issues at the heart of the Round still matter namely, market access and rules for trade in agriculture, industrial products, and services. The critical test for deciding on immediate next steps should be whether they would facilitate or complicate ultimate resolution of these difficult issues.
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scenario is that it would take quite a while to design and construct a new vessel suitable for WTO negotiations. Even then, the new ship will have to negotiate its way around many of the same rocks. The problems we face in agricultural and industrial market access, for example, will not simply disappear. Its tempting to think that we can simply salvage a few things, forget about Doha, and start all over again with a better chance of success. The reality would surely prove to be quite different.
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Possible deliverables
The emphasis on deliverables should be on the rules elements of the Round since market access remains highly contentious and linkages make it unlikely that partial results could be delivered. Even within rules, few issues come without caveats attached. Among the candidates (concentrating on Doha issues, in no particular order) appear to be the following: Trade facilitation is most often mentioned, although substantive issues remain to be resolved, including technical assistance. It is questionable if an agreement should be rushed into if it involves too many compromises. However, if it can be delivered, this would be a major boost. An agreement on the export competition pillar in the agriculture negotiations would also be a very substantive contribution. Whether the political will exists to settle this in advance of the remainder of the agriculture package is a question that will need to be answered.
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Domestic regulation in services may be considered as another significant possibility. However this item is linked with market access and the stumbling block of the necessity test issue remains, so the chances may not be great. Non-tariff barriers: There should be a trawl through the negotiating issues in an attempt to identify possible deliverables. Realistically, an agreement on transparency may be the most likely. The least-developed country waiver in services is more feasible though its utility is limited without services commitments. Progress building on the duty-free-quota-free (DFQF) market access commitments for least-developed country agreed at the Sixth Ministerial Conference would be highly desirable. However, there are political issues to be overcome. Reviews of Generalised System of Preferences (GSP) schemes in the US and EU may be a complication, and dutyfree-quota-free raise the tricky issue of rules of origin; there is a very real issue to be resolved here and concerns over circumvention must be addressed. Cotton also falls into the highly desirable category. Political realities in the US may still prove to be an insuperable obstacle in 2011, although it may be possible to grapple with these at a later date with a new US Farm Bill and especially if the Round as a whole is concluded. Agreement on a monitoring mechanism for special and differential treatment would be useful. Though perhaps not in itself a major achievement, this would constitute a welcome confirmation that the development component of the Round is not sliding off the deck. Definitive implementation of the transparency/monitoring mechanism on regional trade agreements.
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This would be a strong signal that the WTO is developing its surveillance functions in this area. Considerable difficulties persist in the negotiations on fisheries subsidies. It seems highly unlikely that these could be resolved in time to deliver an agreement in December. One possibility may be to aim for a standstill arrangement so that existing levels of subsidies would not be increased pending an agreement. On trade and the environment, it should be possible to deliver on paragraphs 31(i) and (ii) of the Doha Ministerial Declaration the relationship between WTO rules and Multilateral Environmental Agreements including information exchange between the WTO and the Multilateral Environmental Agreements such as the Montreal Protocol. Desirable as it is, any agreement on reducing barriers to trade in environmental goods and services seems unlikely, since this is closely linked with negotiations on market access for industrial products. In trade-related aspects of intellectual property rights (TRIPS), the register of Geographical Indications for wines and spirits might be doable in isolation but linkages to the extension of additional protection to other Geographical Indications and to agriculture may prove to be a major complication. Overall, there is a reasonable prospect of constructing a respectable package, especially if trade facilitation and export competition can be included.
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Moving the WTO forward while Doha is waiting for a high tide
Over the coming weeks and months, in my view, the WTO should not stop with a repairand-wait strategy. While the non-negotiating functions of the WTO usually described as dispute settlement and monitoring/surveillance are in reasonably good shape, they are not sufficient in current circumstances, especially given the state of the Round, to convince sceptical outsiders that the organisation is as functional as it should be. If in 2012 (and possibly 2013) Doha is going to assume a lower profile, the opportunity should be taken to exploit some of the other strengths of the WTO that have fallen out
Paragraph 47 reads: With the exception of the improvements and clarifications of the Dispute Settlement Understanding, the conduct, conclusion and entry into force of the outcome of the negotiations shall be treated as parts of a single undertaking. However, agreements reached at an early stage may be implemented on a provisional or a definitive basis. Early agreements shall be taken into account in assessing the overall balance of the negotiations.
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of the limelight in recent years. Members could, for example, agree to reinvigorate and give higher priority to the deliberations of the regular councils and committees. These bodies were relatively vibrant in the period 1995 to 2000. Some still are, but others are no longer being as fully exploited. This might also offer an avenue to answer, to some extent, critics who argue that the WTO is locked in an outdated agenda and not addressing new areas of concern. Why should some of these new issues not be discussed in the regular (non-negotiating) machinery? This is already beginning to happen to some extent for example the recent discussion in the working group on trade, debt and finance on the relationship between trade and exchange rates, and the agriculture committees discussions of food security. There are numerous other candidates for similar treatment, some controversial perhaps but others less so. Could relevant WTO bodies discuss some of the supplychain issues frequently mentioned by businessmen? That might offer a welcome means of reconnecting the WTO with the business community. The Trade Policies Review Mechanism might also be overhauled. What has happened to the work programme on e-commerce? Discussion of current issues in the regular machinery might in some cases lead nowhere. In others, it could lead to some strategic thinking about the future shape of the multilateral trading system and prepare the ground for further developments.
Conclusion
To summarise, it does not seem to be necessary to abandon the good ship Doha in order to start moving forward into as yet uncharted waters.
References
Singh Bhatia, Ujal (2011), Salvaging Doha, VoxEU.org, 10 May.
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After 10 years of much progress and much frustration with the Doha Round, it is time to find a new approach to bring the negotiations to a successful conclusion. This essay argues that success would require four things implemented simultaneously: i) a Doha down-payment package agreed this year, ii) an understanding of how to reorganise continuing talks on the most contentious issues, iii) commencement of a WTO work programme on 21st-century trade issues, and iv) a bold initiative by middle power WTO members to try to unblock the talks. World leaders are in a bind over the Doha Round. Carrying on with business as usual is no longer an option the impasse that has emerged cannot be solved with a few more negotiating sessions. Abandoning the Round has been ruled out by almost all WTO members, nor is there much appetite for suspending the Round. This quandary has trade ministers and diplomats casting around for creative solutions.
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1.
While finishing Doha this year is impossible, the WTO could have something to show for its 10 years of work. This progress could be locked in. A small package or set of stand-alone agreements could be finalised this year what some call early harvest results and others call Doha deliverables, or the Doha down payment. The long-scheduled meeting of trade ministers for 15-17 December 2011 provides a natural focal point for finalising these results. Although these agreements would not constitute a major economic breakthrough, it would be a wise, political response to the Doha crisis. It would demonstrate that the WTO is alive, that it is forum where things can get done. The nature of the package is dictated primarily by practicality we can think of including only those items where agreement is already close. There would also be great merit, both politically and economically, to focusing on issues that benefit the worlds poorest countries. The failure of the largest trading nations to find a compromise that suits them shouldnt be allowed to hold up sensible progress for the least developed nations. The other essays in this eBook discuss the possible items that might be included in a Doha down payment. We have not been at the cutting face of the negotiations, so we cannot form an independent judgement of what is practical. Canvassing opinions in Geneva, however, the most likely items seem to be: An accord on duty-free, quota-free treatment for least developed nations; A waiver that allows WTO members to provide preferential access to services trade from least developed nations; An agreement to reduce distortions in cotton to the benefit of least developed nations.
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A package of measures that promote trade facilitation, i.e. reducing barriers to imports stemming from excessive red-tape barriers in customs, inferior port infrastructure, and other non-trade-policy impedances to trade; Agreement on a monitoring mechanism for special and differential treatment, Agreement to make permanent the RTA Transparency Mechanism that has been operating successfully for years; and An agreement on certain non-tariff barriers such as the Horizontal Mechanism and textile labelling. Other issues may ultimately prove tractable or necessary to provide balance. Those most often mentioned include a standstill agreement on fisheries subsidies, certain aspects of the less controversial rules negotiations, and export subsidies.
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The small package that might be ready for December 2011 would not solve the WTOs first order negotiating challenge. A vast range of economic interests are still counting on the Round to deliver major progress on market access for industrial goods, agricultural products, and services. If we are to maintain a semblance of cohesion among WTO members, there will have to be an agreement to continue negotiations on the core issues. But the principal negotiating processes used to date havent worked. Efforts by the Big 5 as they are sometimes called failed to find a compromise among themselves. There are many explanations for this failure, but one thing is clear not all trade-offs were explored. In particular, the process has this year fixated very much on trade-offs within industrial goods liberalisation (NAMA). Trade-offs with other areas (services, antidumping rules, and others) werent considered. This suggests that the December 2011 meeting could reorganise the process in a way that is more likely to bear fruit. Here are some elements that resonated with many WTO members with whom we spoke.
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Have a real negotiation under multilateral control with a conductor acting as an impartial player with responsibility of assisting members to reach agreement. This suggests that an essential question will be the choice of the conductor (more on this below). The negotiations must be horizontal. Except for some issues in particular areas where useful work can still be done regardless of results in other areas (fisheries subsidies, for example) the negotiations should be horizontal. All areas should be on the table without a priori sequencing. Thus a package can be built with trade-offs across the board. Forget modalities. The original sequencing of the talks known in WTO-ese as modalities has not worked.1 Perhaps this should have been obvious from the start, but now it is clear to all. No government can be expected to agree to formulae and other elements without knowing the full impact of such an understanding. For example, by common agreement, nations get to choose a limited number of products to exclude from tariff cutting. As nations know better where they themselves will apply the flexibility, we have a situation where nations know what they are conceding on tariffs, but they dont know what their exporters will be getting in exchange. Only when countries bring their national tariff schedules to the bargaining table will we know what the formulae will actually mean tariff line by tariff line the level that ultimately interests business. This is one of the things the December ministerial meeting could decide. It could set a date for the submission of schedules (for industrial goods, agricultural products, and services). This would unleash a process of real negotiations.
The idea that first there would be an agreement on the levels of ambition in agriculture and NAMA, with this conditioning discussions on sectorals and the remaining areas.
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These changes need to be made explicit. What momentum exists comes from a decade of negotiation groups working in silos. This momentum needs to be redirected by a ministerial decision. One part of this that would be critical to keeping the process in some sort of order would be to grant a sort of conductors role to the WTO DirectorGeneral in his role as chair of the Trade Negotiations Committee. It was a good idea to try to let the Big 5 find their way to an accord, but it did not work.
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Members should look beyond the 10-year-old Doha agenda and agree to a work program to begin a discussion and analysis (not necessarily a negotiation) of other issues relevant to todays economic relations. Some of these could be: Investment Trade and investment have long been linked, but internationalisation of supply chains has greatly strengthened the link. For most WTO members, a pro-trade policy requires a pro-foreign-investment policy. This has blurred the line between what is a trade policy and what is a domestic or investment policy. For example, during the global economics crisis, many countries set up protectionist measures on investment. Indeed, these went up even among members of the EU. The demand for mutually advantageous disciplines can be seen by the popularity of investment measures that are covered in 21st-century free trade agreements. Frequently these include investment chapters guaranteeing national treatment and most-favourednation treatment on a reciprocal basis. Competition policy Now more than ever there is a greater appreciation of the harm that exercising monopoly power can have on international trade and developing countries. Ask any developing country farmer who has had to bargain with large foreign supermarkets or has had to pay extortionate prices for its produce to be transported to the local port or airport.
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Access to foreign markets is impaired as well as the gains from globalisation compromised by anti-competitive practices. The spread of competition law enforcement around the globe has put in place one building block, now the challenge is to develop international collaboration between enforcement agencies to tackle specific cases of anti-competitive conduct. Climate change Attempts to arrive at multilateral agreements on climate-change policies failed last year. Nations are thus pursuing uncoordinated national policies aimed at climate-change mitigation and adoption. Taxes, subsidies, and regulations are part of these plans, and this brings them potentially into conflict with WTO rules that were designed without climate-linked policies in mind. WTO members could usefully address the question of whether the present rules are sufficient and/or appropriate to meet this 21st-century policy challenge. Is there a need to devise special disciplines and increase transparency? Is there a need to define acceptable limits or complementary policies? Export restrictions and duties Whether on food, raw materials, or other goods, the present disciplines are quite weak as the GATT/WTO rules were written in an era where imports (exports) were almost universally viewed as a political bad (good). Rules on export restrictions simply werent necessary. The 21st century, however, has witnessed frequent imposition of such measures. As these can lead to a classic prisoners dilemma, they are naturally suited for WTO-like disciplines that help maintain a win-win situation in the face of unilateral incentive to undermine cooperation. Just as with tariffs, the point would not be to ban such restrictions. They may be necessary and indeed useful in certain circumstances, but multilateral disciplines would be useful to prevent their application from leading to unintended consequences.
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Revisit some of the WTO Agreements The world of trade has changed radically since the WTO Agreements were struck in 1994. Some, such as the Agreement on Safeguards, could probably due with an updating. Enhanced transparency Current transparency practices could certainly be improved to the benefit of all. Now they are based on notifications by members with the result that they are very often incomplete and late. The suggestion here is to discuss ways of improving this, perhaps leveraging new information technology. Government Procurement Agreement Governments buy a very large slice of the worlds goods and services. Moreover, there is an increasing realisation that open procurement is beneficial to taxpayers by lowering costs and to consumers by boosting competition and quality. Indeed, procurement is frequently the subject of ambitious free trade agreements. All this suggests that revisiting the market access provisions of the Government Procurement Agreement in future negotiations might produce mutual gains for a wide range of WTO members. Institutional reform The Marrakesh Agreement, signed in 1994, was the last time the organisations structure was examined in its entirety. Since then, the world of trade has shifted radically most obviously in terms of the trade weight of some developing nations but also in terms of how the internationalisation of supply chains has blurred the distinction between trade policies and domestic policies. This suggests that a cooperative and construction evaluation might reveal improves that could attract widespread support.
4.
This is a round where the biggest players failed to provide leadership. There may be many reasons for this, but the fact is not in dispute. The Big 5 gave up trying to work
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out a compromise (although at the last minute, the EU made an unsuccessful attempt to find an approach to bridge one of the gaps). This failure, perhaps reinforced by a lack of trust among the biggest players, created a vacuum. One idea that could help unblock the broader talks is a bold unilateral move by the middle trading powers. These WTO members have often been a source of terrific ideas in the past; this time around they might demonstrate their additional commitment to the multilateral trading system precisely when so many commentators and business interests appear to have discounted the WTO. Such a bold step could encourage other WTO members to follow suit, injecting a further liberalising dynamic. While middle powers cannot realistically expect much from holding out for bigger concessions, a simultaneous set of unilateral moves by this group could generate commercial opportunities that influential business lobbies would notice. Not to mention that a welcome injection of competitive pressure would keep producers and traders in the middle powers on their toes. The middle trading powers could, for example: Offer to bind their tariffs at the applied level, even if the application of a formula doesnt go below the bound level; Offer to bind 100% of tariff lines on NAMA. If a tariff line is unbound, bind at the applied level; Table improved offers on services that reflect unilateral liberalisation undertaken to date; Freeze all harmful fisheries subsidies and offer to reduce them by 10% in the first year provided a critical mass of members do the same; Offer some additional restraints on the use of flexibilities presently available in the Agriculture and NAMA draft modalities; Implement trade facilitation even before it becomes a legal obligation;
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Implement improvements in transparency obligations under the Antidumping and the Subsidies and Countervailing Measures Agreements; Provide duty-free, quota-free treatment for 100% of products for least developed countries with flexible rules of origin; Offer tariff concessions on environmental goods.
Concluding remarks
After 10 years of much progress and frustration with the DDA programme, it is time for a new approach to bringing negotiations to a successful conclusion, doing so in a way that enhances the contemporary relevance of the WTO. Such an approach like the others described by contributors to this eBook imply that the current impasse is not inevitable. Here we have outlined a four-part approach, which WTO members could take up over the summer of 2011 and have tangible results to show for the WTO Ministerial Conference in December 2011. Such a Doha down payment would demonstrate that the WTO can deliver; it would build confidence. Work on many other items including the remaining elements of the DDA would go beyond that time. Should further momentum develop, no doubt other initiatives could be taken on board. Partly through action, partly through reflection a renewed WTO would emerge as this process unfolded over time.
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leave from Columbia University Business School where he was Associate Professor. He did his PhD in economics at MIT with Paul Krugman. He was visiting professor at MIT in 2002/03 and has taught at universities in Italy, Germany and Norway. He has also worked as consultant for the numerous governments, the European Commission, OECD, World Bank, EFTA, and USAID. The author of numerous books and articles, his research interests include international trade, globalisation, regionalism, and European integration. He is a CEPR Research Fellow. Simon J. Evenett is Professor of International Trade and Economic Development at the University of St. Gallen, Switzerland, and Co-Director of the CEPR Programme in International Trade and Regional Economics. Evenett taught previously at Oxford and Rutgers University, and served twice as a World Bank official. He was a nonresident Senior Fellow of the Brookings Institution in Washington. He is Member of the High Level Group on Globalisation established by the French Trade Minister Christine LaGarde, Member of the Warwick Commission on the Future of the Multilateral Trading System After Doha, and was Member of the the Zedillo Committee on the Global Trade and Financial Architecture. In addition to his research into the determinants of international commercial flows, he is particularly interested in the relationships between international trade policy, national competition law and policy, and economic development. He obtained his Ph.D. in Economics from Yale University.
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The Doha Round confronts world leaders with a dilemma. Concluding the Round this year is impossible, but there is strong opposition to terminating the Round. There is also strong opposition to suspending the Round as suspension is widely seen as a roundabout means of killing it. This VoxEU eBook aims to inform options for resolving the dilemma by gathering the views of some of the worlds most experienced Doha experts. Contributors include former US Trade Representative Susan Schwab, Indias former WTO Ambassador Ujal Singh Bhatia, Chinas former WTO Ambassador Zenyu Sun, Canadas former WTO Ambassador John Weekes, and Hong Kongs former WTO Ambassador Stuart Harbinson all of whom spent years at the cutting face of Doha negotiations. They identify the 3 ways past the crisis:
Road 1: Declare failure and call for a period of reflection; Road 2: Buy time by suspending the Round; or Road 3: Think creatively about work-around solutions that avoid acrimony and lock in some of the progress to date.
The contributors disagree on the best way forward but all believe that Road 3 is the one worth trying first.
Centre for Economic Policy Research 77 Bastwick Street, London EC1V 3PZ Tel: +44 (0)20 7183 8801 Fax: +44 (0)20 7183 8820 Email: cepr@cepr.org www.cepr.org