Making Global Trade Governance Work for Development :Perspectives and Priorities from Developing Countries

Publication subTitle :Perspectives and Priorities from Developing Countries

Author: Carolyn Deere Birkbeck;  

Publisher: Cambridge University Press‎

Publication year: 2011

E-ISBN: 9781316964132

P-ISBN(Paperback): 9781107007826

P-ISBN(Hardback):  9781107007826

Subject: F744 国际贸易条约和协定

Keyword: 法律

Language: ENG

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Description

A compilation of developing country perspectives on improving global trade governance and reforming the WTO to better promote development. Making Global Trade Governance Work for Development draws together a diversity of developing country perspectives on how to improve the governance of global trade and the WTO to better advance sustainable development and respond to the needs of developing countries. Making Global Trade Governance Work for Development draws together a diversity of developing country perspectives on how to improve the governance of global trade and the WTO to better advance sustainable development and respond to the needs of developing countries. Discussion of the governance of global trade and the multilateral trading system is too often dominated by developed-country scholars and opinion-makers, with inadequate attention given to developing country perspectives. Making Global Trade Governance Work for Development gathers a diversity of developing country views on how to improve the governance of global trade and the WTO to better advance sustainable development and respond to the needs of developing countries. With contributions by senior scholars, commentators and practitioners, the essays combine new, empirically-grounded research with practical insights about the trade policy-making process. They consider the specific governance issues of interest to developing countries and acknowledge the changing dynamics in the global economy and in trade decision-making. Introduction Carolyn Deere Birkbeck; Part I. Enduring Development Challenges and New Agendas for Global Trade Governance: 1. Globalization, development, and democracy José Antonio Ocampo; 2. The United Nations and the Millennium development goals: what roles in and beyond the governance of global trade? Laskhmi Puri; 3. The interactions of trade, macroeconomic policies and sustainability: implications for global trade governance Alejandro Nadal; 4. A sustainable development perspective on global trade governance Ricardo Meléndez-Ortiz and Trineesh Biswas; Part II. Roles and Responsibilities in Global Trade Governance: Diversity in Developing Country Priorities and Strategies: 5. New powers in the club: the challenges of global trade governance Amrita Narlikar; 6. China's ascent in global trade governance: from rule taker to rule shaker and, maybe rule maker? Henry Gao; 7. LDC priorities for improved global trade governance Atul Kaushik and Julian Mukiibi; 8. Priorities for small states in global trade governance Edwin Laurent; 9. Improving the participation of small developing countries in the governance of the multilateral trading system Richard Bernal; Part III. Strengthening Multilateralism: Priorities for WTO Reform: 10. The WTO, democracy, and development: a view from the South Bhupinder Chimni; 11. Reclaiming development in the world trading system revisited Yong-Shik Lee; 12. Fostering developing country engagement in the dispute settlement system: outstanding challenges and governance implications Niall Meagher; 13. Rethinking the governance of aid for trade David Luke and Luisa Bernal; 14. Strengthening WTO surveillance: making transparency work for developing countries Arunabha Ghosh; 15. Why not an Ombudsman at the WTO? A proposal for debate Félix Peña; Part IV. WTO Decision-Making Processes: 16. Towards fair and inclusive decision-making in WTO negotiations Brendan Vickers and Faizel Ismail; 17. Revisiting the single undertaking: towards a more ba

Chapter

3.3 International social goals and global social cohesion funds

4 Conclusions

2 Trade, development and the UN Millennium Development Goals:

1 Evolution of the UN’s development agenda for global trade

1.1 From economic growth to MDGs: evolution of the UN’s development agenda

1.2 The UN development agenda and world trade governance: converging issues

1.3 The UN’s intellectual case for a development-oriented trading system

1.4 The UN’s role in world trade governance: norm-setting

1.5 The UN’s research and analytical role

1.6 The UN as a source of proposals and schemes for development weighting in GATT–WTO

1.7 UN assistance to developing country negotiators

2 The trading system and its development vocation

2.1 The trading system as a ‘development public good’ and the Doha Development Round

2.2 MDGs and the trading system reform agenda

3 Trade and development governance reform: the way forward

3.1 A positive developing country agenda

3.2 The development flexibility agenda

3.3 A responsive and enabling development agenda

3.4 Corporate responsibility in trade governance

3.5 Global trade governance and development: the emerging game changers

4 Conclusion

3 The interactions of trade, macroeconomic policies and sustainability:

1 Trade liberalization and macroeconomic policies

2 Perspectives from Latin America

2.1 Argentina

2.2 Brazil

2.3 Ecuador

2.4 Mexico

3 Implications for global trade governance

3.1 Changing the international monetary system

3.2 Capital flows and regulations for international finance

3.3 Solving the debt predicament

3.4 Overhauling how we finance development and global environmental stewardship

3.5 Reforming the international trade regime

3.5.1 Balance of payments provisions

3.5.2 Agriculture

3.5.3 Special and differential treatment

3.5.4 Foreign investment

3.5.5 International Commodity Agreements

4 Concluding remarks

References

4 Trade governance and sustainable development

1 The global policy context

1.1 The critical importance of institutions

1.2 The rise and stall of sustainable development in global policy-making

1.3 Goals clear: but how to get there?

1.4 The government leadership gap

2 Proposals: creative action within trade institutions

2.1 Modify existing mechanisms and practices

2.1.1 The WTO Trade Policy Review Mechanism

2.1.2 Dispute settlement

2.2 Build on existing rules

2.2.1 Subsidies

2.2.2 Special and differential treatment: modulated rules

2.3 Create spaces within institutions to address future challenges

2.4 Create a WTO subcommittee on trade and climate change

2.5 Create a ‘Functioning of the WTO System’ group

2.6 Build quid pro quos to meet northern priorities, southern needs

3 Institutional discipline for sustainable development policy

4 Leverage other arenas to help trade governance support sustainable development

5 Closing remarks: the imperative of political will

Part II Roles and responsibilities in global trade governance: diversity in developing country priorities and strategies

5 New powers in the club: the challenges of global trade governance

1 New powers in the WTO

2 The opportunities of greater inclusiveness

3 New powers in old clubs: challenges and problems

4 Reforming global trade governance

4.1 The role of the G20

4.2 Internal reform within the WTO

6 China’s ascent in global trade governance:

1 Multilateral trade negotiations

1.1 The ‘Recently Acceded Member’ argument

1.2 Lack of expertise

1.3 The mismatch between the China-specific provisions and the normal WTO framework

1.4 Awkward position on other issues

2 Multilateral dispute settlement

2.1 Rule taker

2.2 Rule shaker22

2.3 Rule maker

3 Regional trade agreements

4 What lies ahead?

7 LDC priorities for improved global trade governance

1 Background

2 Decision-making in the WTO

2.1 The process and the practice

2.2 The role of developing countries

2.3 The role of coalitions in the Doha Round

2.4 The role of LDCs in the Doha Round

3 LDC priorities in global trade governance

3.1 The challenges

3.2 Special and Differential Treatment

3.3 Taking ownership of efforts to integrate LDCs in international trade

4 Pro-LDC institutional reforms

4.1 The case for an LDC-specific institution

4.2 Leveraging the LDC political position

5 Conclusion and the way forward

References

8 Priorities for small States in global trade governance

1 The governance of world trade

2 The unique interests of small States

2.1 The meaning of smallness

2.2 Why do the trade interests of small States differ from those of other developing countries?

3 How small States function in the trade governance system

3.1 Diplomacy and advocacy

3.2 Negotiation

3.3 Litigation

4 Meeting the challenges of Regional Trade Agreements

5 Looking ahead: proposals for change

5.1 Decision-making structures

5.2 Capacity-building

5.3 Measures and actions required of small States

6 Conclusion

References

9 Improving the participation of small developing countries in the governance of the multilateral trading system

1 The participation of SDEs in the multilateral trading system

1.1 The importance of international trade to SDEs

1.2 The vulnerability of SDEs to external developments

1.3 The uniqueness of SDE interests

1.4 Enhancing the negotiating leverage of SDEs

1.5 The protection of the rights of SDEs

2 The importance of SDE participation to the multilateral trading system

3 How to make SDE participation at the WTO more effective

3.1 Representation

3.2 Institutional capacity

3.3 Cooperation for collective advocacy

4 Adapting the WTO and its governance to SDEs

4.1 Democratizing decision-making in the WTO

4.2 Increasing technical work on SDE issues

4.3 Financial support for SDE representation

4.4 Expanding technical assistance

4.5 Countervailing measures

5 Conclusion

References

Part III Strengthening multilateralism: priorities for improving WtO governance

10 The WtO, democracy and development: a view from the South

1 The character of the WTO

1.1 The WTO and the TCC

1.2 Understanding the WTO: the need for a holistic approach

1.3 Subaltern classes not against free trade

1.4 The complex scenario

1.5 Integral relationship between democracy and development

2 The WTO and democracy

2.1 The WTO and democracy: different facets

2.2 WTO negotiations and deliberative democracy: amend Vienna Convention on the Law of Treaties

2.3 Negotiation and ratification of WTO agreements: greater role for national parliaments

2.4 The WTO, low intensity democracies and resistance

2.5 Need for hermeneutic democracy: differential standard of review for developing countries

2.6 Need for hermeneutic democracy: the role of academic scholarship

2.7 Need for hermeneutic democracy: the issue of amicus curiae briefs

2.8 Develop global administrative law (GAL)

3 The WTO and development

3.1 The right to development in international law

3.2 Deconstruction and development as trap thesis

3.3 Sustainable development: need for sustaining process/product distinction

3.4 The special and differential treatment principle: some issues and concerns

3.5 Limits of market access and SDT reforms

3.6 Which way forward? meeting adjustment costs

4 Conclusions

4.1 On the WTO and democracy

4.2 On the WTO and development

References

11 Reclaiming development in the world trading system (revisited): proposals for reform of WTO governance

1 Reclaiming development in WTO governance

1.1 The WTO’s institutional arrangements for developing countries

1.2 Case for a WTO Council for Trade and Development

1.3 Role of the proposed Council for Trade and Development

1.3.1 Implementation of development policies and assistance

1.3.2 Regulatory monitoring

1.3.3 Establishing and supervising WTO committees

2 Reclaiming development in WTO disciplines

2.1 Current WTO rules to aid developing countries and their limitations

2.1.1 GATT Article 18

2.1.2 GATT Articles 36–38

2.1.3 Enabling clause

2.1.4 Provisions for special and differential treatment

2.2 Reform proposals

2.2.1 An Agreement on Development Facilitation

2.2.2 Adjustment to tariff bindings21

2.2.3 Subsidy treatment28

2.2.4 The suspension of anti-dumping measures, the TRIMs Agreement and the TRIPs Agreement

2.2.5 Extension of special treatment for LDCs

3 Conclusion

References

12 Fostering developing country engagement in the WTO dispute settlement system:

1 Overview of the WTO dispute settlement system

2 Developments in the dispute settlement system since its inception

3 Developing country participation in the dispute settlement system

4 The role of the ACWL

5 Ongoing challenges facing developing countries in participating in the dispute settlement system

5.1 Complexity of the process

5.2 Lack of resources

5.3 Limitations of the remedies available

5.4 Lack of public–private partnerships

5.5 Infrequent use of alternative mechanisms

5.6 Fear of retaliation

6 Possible approaches to improving the process

7 Implications for global trade governance

13 Rethinking the governance of Aid for Trade

1 Aid for Trade: a vital development-centred initiative

2 Aid for Trade governance and implementation arrangements

2.1 Analytical framework

2.2 Aid for Trade governance architecture

2.2.1 WTO Committee on Trade and Development

2.2.2 The Trade Policy Review Mechanism (TPRM)

2.2.3 The Advisory Group

2.2.4 OECD Working Party of the Trade Committee on Aid for Trade

2.2.5 Aid for Trade reviews

2.3 Aid for Trade governance architecture: an assessment

2.4 Access and predictability in practice

2.5 Mutual accountability in practice

3 Case studies of governance arrangements for providing global public goods: lessons for Aid for Trade

3.1 The Global Environment Facility (GEF)

3.2 The Global Fund to Fight AIDS, Tuberculosis and Malaria

3.3 The Enhanced Integrated Framework (EIF)

3.4 Assessment

4 Overcoming the deficit in Aid for Trade governance: the case for regional facilities

5 Conclusions

References

14 Strengthening WTO surveillance:

1 TPRM – comprehensive but losing relevance

1.1 A weak mandate

1.2 Reports miss out on salient information

1.3 Poor participation means less peer pressure

1.4 Participation depends on institutionalized domestic monitoring

2 Minimal reform, maintaining status quo

2.1 Information gaps remain for WTO surveillance

3 Transparency for RTAs – resisting close examination

3.1 Delayed notifications, limited impact analysis

3.2 Institutionalizing transparency, retaining flexibility

4 Transparency for SPS measures – more information but voluntary requirements

4.1 Improving notifications and analysis, maintaining flexibilities

4.2 Flaws remain – little institutional reporting; procedural hurdles for reviews

5 Reviews of Aid for Trade – demand for dedicated monitoring

5.1 WTO gets primary responsibility for institutional reporting

5.2 Focusing on impact analysis and follow-up

6 Conclusion – closing the information gaps

6.1 Improving timing of information

6.2 Improving quality of information

6.3 Improving sources of information

6.4 Improving uses of information

15 Why not an ombudsperson at the WTO? A proposal for debate

1 Factors contributing to greater WTO transparency, accountability and civil society participation

1.1 Transparency

1.2 Empowerment

1.3 Accountability

1.4 Implications for the WTO

2 Tentative elements for a worldwide multi-stakeholder consultation about a WTO ombudsperson

3 Preliminary conclusions

Part IV Making WTO negotiations and decision-making processes fairer

16 Towards fair and inclusive decision-making in WtO negotiations

1 Current proposals for reform

1.1 The consensus principle

1.2 Voting: an alternative to consensus?

1.3 The single undertaking

1.4 Variable geometry: an alternative to the single undertaking?

1.5 Plurilateral agreements

1.6 Critical mass agreements

2 Towards fair and inclusive decision-making

2.1 Strengthen the consensus principle

2.2 Rethink the approach to informal small group negotiations

2.3 Adopt a code of conduct for WTO chairs

3 Conclusion

References

17 Revisiting the single undertaking:

1 The emergence of the ‘single undertaking’

1.1 Launching of the Uruguay Round

1.2 The conduct of the negotiations

1.3 The establishment of the World Trade Organization

2 The single undertaking since 1994

2.1 WTO dispute settlement and the single undertaking

2.2 The single undertaking in the Doha negotiations

3 Revisiting the single undertaking: the next steps

3.1 Abandon the idea that WTO negotiations can only be conducted in all encompassing rounds of negotiations

3.2 Recognize that WTO Members are bound by the existing rules and regulations, the acquis multilateral, and that these can o

3.3 Develop and adopt some specific procedures to tackle new issues using the ‘critical mass’ approach linked with an opt-out

4 Conclusion

References

18 Enhancing developing country participation in global trade governance through South–South coalitions in the WTO

1 Developing countries in the global economy

1.1 The continuing challenge of the widening development gap

1.2 Imbalances in developing country participation in global economic governance

2 Developing country participation in the WTO

2.1 Participation in the WTO

2.2 Governance adaptation by developing countries in the WTO: coalition-building in pursuit of a development agenda

2.3 Enhancing the effectiveness of South–South coalitions

3 Conclusion: developing country coalitions as an essential component in global trade governance

19 Inclusive trade governance:

1 Stakeholders in trade governance: categorizations

2 Stakeholder participation at the national level

3 Stakeholders and participation at the WTO

4 Recommendations

20 Global trade governance and development:

1 The accession process: too long, too complex and too costly for developing countries?

1.1 From an historical perspective: a success story

1.2 An increasingly complex and lengthy process

1.3 Challenges facing candidate countries

1.4 The need to increase flexibility and assistance to developing countries

2 The accession deals: towards a two-tier WTO membership?

2.1 Between diversity and uniformity

2.2 Commitments on market access: goods and services

2.3 Commitments on rules

3 Consequences for global trade governance: a WTO à la carte?

4 Accession as a critical trade governance concern

Part V Conclusion

21 Development-oriented perspectives on global trade governance: a summary of proposals for making global trade governance work for development

1 The state of debate on global trade governance and development

1.1 The trade governance debate: the policy context

1.2 Development in the trade governance debate

1.3 Key contours of the trade governance debate: putting development debates in context

1.4 The challenges of trade and development

2 Putting global trade governance in context: sustainable development challenges in the global economy

3 Improving how developing countries participate in global trade governance

3.1 The rise of emerging developing countries

3.2 The role of coalitions

3.3 Improving the participation of the poorest and smallest countries

3.4 Bolstering national trade policy-making processes and negotiation capacity

4 Strengthening WTO governance to respond to developing countries

4.1 The WTO’s mandate, principles and scope

4.2 The WTO’s dispute settlement function

4.3 The WTO’s monitoring function

4.4 Capacity-building and Aid for Trade

4.5 WTO public outreach and participation of non-State actors

4.6 A WTO assessment and evaluation function

4.7 WTO research and statistics function

4.8 The WTO’s institutional structure and internal management

5 Improving trade negotiation processes

6 Conclusion: political strategies for reform

Index

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