1. Suspending equal treatment (MFN) does not in itself raise trade barriers. Unlike in the US where tariffs automatically go to another list, this allows the EU to set new tariffs or other measures. That has to happen too.
2. In practice some trade measures taken against Russia already violate MFN. So this is a gesture.
3. Note security exceptions plural. So services and intellectual property too.
4. WTO members cannot unilaterally suspend Belarus's accession. But they can block it.
2/2
Note: this⬇️ says "together with other WTO members." It's only some WTO members (unclear if more than G7+EU), and it's unilateral by each. Not a decision of the WTO membership.
•violation of WTO rules
•expulsion not in WTO rules
•risk of vicious circle of sanctions and retaliation and paralysing the WTO
•introducing territoriality and politics instead of focusing on economics
Some initial thoughts on the compromise text produced by India, the EU, South Africa and the US, allowing most developing countries to suspend some patent rights for COVID-19 vaccines.
In this ⬇️: Broad implications (pandemic, WTO), and specifics
The text itself is here⬇️. It’s still unofficial, still has to be considered, approved and possibly amended by the WTO’s full membership. Any decision will be by consensus.
We still speak of the #TRIPSwaiver, but it's now a “decision”, not a waiver.
Legal drafting often baffles me. Why is the definition of countries that can use the decision buried in a footnote? The one that implies China cannot use it but India can?
Thanks to a kind and brilliant friend who pointed me to this
It's until the end of January this year, so a bit more than 2021, but it's a guide. It would exclude China from the waiver, but not India and South Africa
The agenda’s reference⬇️ is a WTO list of announced measures on intellectual property (some notified, some verified) taken by governments in response to the pandemic.
Permanent normal trading relations (PNTR) is the US’s (more accurate) term for “most-favoured-nation” (MFN) treatment—non-discrimination between trading partners. The most important principle in WTO rules.
Russia’s invasion of Ukraine was raised on Day 2 of the WTO General Council today
A number of countries prefaced their statements under various agenda items by expressing concern about violation of sovereignty, territoriality and the rule of law
On the deadlocked #TRIPSWaiver⬇️, more countries expressed concern about the attempt to break the deadlock among 4 key players: India, EU, SAfrica and US—mainly a complaint that they were not being informed about what was happening in the small group.
A formal meeting of the WTO intellectual property (TRIPS) council this afternoon heard reports from an attempt by four members (EU, India, SAfrica, US) to break the deadlock over waiving the obligation to protect some intellectual property for COVID-19 (the #TRIPSwaiver)
1/10
WTO deputy head @_AnabelG who is coordinating (with DG @NOIweala) with the group of 4 said the talks have been difficult but she hoped a compromise could be possible.
One approach explored is to separate vaccines from diagnostics and therapeutics. (Why? Explained in 9/10)
2/10
The EU—said it was looking for a bridge between waiver-advocates and its own position to make flexibilities in WTO rules as easy to use.
The US—repeated its broad support for the waiver (but so far with no specifics), and that it is working with members to find a solution