Some thoughts on the Jun 12-15 slimline WTO Ministerial Conference #DietMC12

The biggest challenge: persuading ministers it’s worth travelling to Geneva in the first place

What does “slimline” entail?

• Most decisions taken before the meeting—ministers just endorse them

1/10
• Those decisions will be more technical (eg extending duty-free e-commerce) than political.

• Big political decisions are unlikely before or during the conference anyway (agriculture, even fisheries subsidies, reforming dispute settlement)

2/10 wto.org/english/thewto…
• Ministers would not negotiate anything, except maybe final touches to almost-agreed non-binding packages: responses to the pandemic, food security.

• Or a decision to exempt the World Food Programme from export restrictions (only India and Tanzania holding out)

3/10
• Plenary speeches (which no one listens to anyway) will be pre-recorded videos. The by-product is one more meeting room freed up

• The meeting will not be “hybrid”. No online participation, although passive online observation might be arranged.

4/10
What are the implications of this #DietMC12? What are the incentives for ministers from all/most of the 164 members to attend?

In past conferences, large numbers of ministers sat around waiting for a handful of them to settle major differences.

5/10 tradebetablog.wordpress.com/2021/04/26/wto…
So, ironically, if ministers are not asked to negotiate, that might encourage them to attend the #MC12 conference.

But if they are just there to rubber-stamp what their ambassadors have agreed, that might not be an incentive either.

There are two related possibilities:

6/10
• The Ministerial Conference is the WTO’s top decision-making body. It’s supposed to meet every two years. It last met almost five years ago (2017). That alone might be an incentive to attend, particularly when the WTO faces so many problems.

7/10 wto.org/english/thewto…
• This conference could be an opportunity for ministers to meet and exchange views.

One idea that’s been suggested: include discussion sessions. It’s been done before. But if over 100 ministers want to speak, we end up with informal plenaries, each given 3-minute slots

8/10
So, some smaller sessions in parallel—in break-out groups on specific topics (unblocking supply chains, dispute settlement, improving transparency, other aspects of WTO reform) or more generally—might allow proper interactions without forcing delegations to hang around idly

9/10
This Ministerial Conference should be an opportunity for political leaders in trade to familiarise themselves with the issues and other countries’ concerns.

Besides, when major players want to ostracise one member (Russia) consensus decisions become even less feasible.

10/10

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More from @CoppetainPU

May 6
WTO members were largely non-committal today in their first reaction to the proposed compromise text on intellectual property and the COVID-19 pandemic.

Most said they needed more time to study it, although some indicated some concerns

The text: tradebetablog.wordpress.com/text-g4-trips-…

1/12
None of the “Quad”—EU, India, South Africa, US—wholeheartedly endorsed it even though the text emerged from consultations among them, with the help of WTO director-general @NOIweala and her deputy @_AnabelG

Their common line was they hoped it could lead to agreement.

2/12
India & SAfrica authored the original proposal⬇️. WTO members were deadlocked over it.

Today, SAfrica said the compromise could finally allow members to negotiate a text, and focus on finding a solution for the Jun 12-15 Ministerial Conference.

3/12 tradebetablog.wordpress.com/2021/05/25/wto…
Read 13 tweets
May 6
(I missed this last week. H/T @BobWolfeSPS)

TRANSPARENCY PROPOSAL for WTO General Council or Ministerial Conference.

The 9th revision of the proposal makes one major change, which improves its chances of being accepted.

Gone are proposed penalties.

1/5 docs.wto.org/dol2fe/Pages/S… Image
This is about transparency in what governments do under the WTO trade agreements.

It’s a major role of the WTO, achieved by members notifying each other (and the world at large) through the WTO. That allows understanding, scrutiny and feedback.

2/5 docs.wto.org/dol2fe/Pages/S… Image
Proponents feel the information notified is not good enough—inadequate or taking too long to be notified.

The proposal would apply to agreements on trade in goods, aiming to strengthen requirements and help countries meet their obligations.

3/5 docs.wto.org/dol2fe/Pages/S… Image
Read 5 tweets
May 4
Last week’s (Apr 27) informal meeting in the WTO agriculture negotiations.

No sign of a deal.

Chair @GloriaAbrahamP’s report on the state of play, with an eye on the WTO Ministerial Conference in June (MC12), usefully released as a public document:

1/10 docs.wto.org/dol2fe/Pages/S… Image
Topic by topic

Domestic support—high priority, need for balance, avoiding support causing concentration of supply. But no prospect of agreement by June, so settling for a “general work programme might be feasible”

2/10 docs.wto.org/dol2fe/Pages/S… Image
On market access—disagreement even on how to discuss this: in parallel with or after domestic support?

Some members see little chance of tariff reductions anytime soon

Some want to focus on transparency, but differences over eg “shipments en route”

3/10 docs.wto.org/dol2fe/Pages/S… Image
Read 10 tweets
Apr 29
A WTO legal dispute panel has found that the EU🇪🇺 violated WTO rules when it imposed “safeguard” tariffs in steel imports from Turkey🇹🇷.

It also dismissed a number of other claims by Turkey and declined to consider some others.

But that’s not all.

1/5 wto.org/english/news_e…
By allowing the panel’s findings to be circulated, 🇪🇺 and 🇹🇷 won’t appeal—so the findings will be adopted by the WTO membership.

That’s what the two have agreed bilaterally on appealing by arbitration when the WTO Appellate Body cannot function.

2/5
The 🇪🇺🇹🇷 agreement on arbitration applies specifically to two cases: this one (DS595 on steel) and DS583 (on pharmaceutical products).

By contrast, in the other case—DS583 (pharmaceuticals)—Turkey has appealed through arbitration. And that means …

3/5
Read 5 tweets
Apr 28
The latest development in an interesting case, procedurally.

The use of arbitration (under Art25 of WTO dispute settlement rules, DSU) is a way double checking an initial panel ruling when proper appeal is not possible.

I'm not a lawyer but this is how I understand it 🧵

1/9
Full details of the case DS583 from 2019⬇️

In it, the EU🇪🇺 complains that Turkey’s🇹🇷 measures on pharmaceuticals⚕️ discriminate against foreign products or producers through eg, localisation & banning imports that compete with localised products.

2/9 wto.org/english/tratop…
The move to arbitration is happening before the panel ruling is circulated.

Turkey & the EU received a confidential copy on Nov 11, last year. The EU moved to ask the panel to suspend its work, Turkey agreed, and together they announced on Mar 22 they would use arbitration.

3/9 Image
Read 10 tweets
Apr 25
Geographical indications are now increasingly applied to products that are not food or drink.

Carpets are a typical case, here, from Kashmir.

What this news story doesn’t say is whether the protection for Kashmiri Carpets in India also applies in Germany.

1/4
The answer is almost certainly “no”. The EU is only starting to set up protection for names of non-food/non-drink products.

Has India registered this as a trademark in the EU/Germany? The story doesn’t say.

Otherwise copies could be sold in Germany.

2/4
The EU’s database of the geographical indications that it protects contains only three names from India: Basmati (rice), Darjeeling (tea) and Kangra Tea.

3/4 tmdn.org/giview/gi/sear… Image
Read 4 tweets

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