Doha dead and buried in Nairobi: lessons for the WTO

2017 ◽  
Vol 16 (1) ◽  
pp. 49-66 ◽  
Author(s):  
Antoine Martin ◽  
Bryan Mercurio

Purpose This paper aims to reflect on the outcomes of the Nairobi Ministerial Conference of 2015, which, for all intents and purposes, put the Doha Round to rest and analyses the policy implications and lessons for policymaking at the World Trade Organization (WTO), most importantly the abandonment of the “single undertaking” and return to plurilateral agreements. Design/methodology/approach The paper approaches the issue of WTO policymaking by analysing the various outputs produced both before and because of the Ministerial Conference. Findings The paper suggests that the Nairobi Ministerial has finally put an end to the Doha Round and comes to the conclusion that policymaking at the multilateral level (i.e. through the single undertaking) will change significantly in the future because the WTO Members are incapable of reaching a comprehensive agreement at this time. Instead, the current trend towards trade policymaking via FTA is likely to continue while the WTO focuses on plurilateral negotiations on narrow and discreet issues. Originality/value The paper contributes to the literature on the analysis of global regulatory fragmentation and on trade policymaking. It draws attention, in particular, to the consequences of the last Ministerial Conference and highlights prospects for the future of global trade regulation.

2016 ◽  
Vol 44 (4) ◽  
pp. 137-140
Author(s):  
Gemma Burke ◽  
Erin Duncan ◽  
JL Smither

Purpose The paper aims to show how using a resource-sharing service can help you provide more resources to your users. Design/methodology/approach This paper discusses interlibrary loan challenges and opportunities, specifically with reference to WorldShare Interlibrary Loan. Findings This paper describes the service that connects libraries to the largest cooperative resource-sharing network with more than 10,000 borrowing and lending libraries worldwide, the possibilities for the future, facts and figures and how libraries around the world have used the solution successfully. Originality/value This paper looks at how WorldShare Interlibrary Loan can help libraries overcome the challenges that they face regarding resource sharing.


2010 ◽  
Vol 109 (730) ◽  
pp. 355-357 ◽  
Author(s):  
Jeffrey J. Schott

The World Trade Organization is in disrepair. To fix it, and thereby boost global trade liberalization, nations must first successfully conclude the Doha Round of talks.


2005 ◽  
Vol 33 (3) ◽  
pp. 449-470 ◽  
Author(s):  
Joseph Keller

In today's increasingly interdependent global society, international institutions formerly committed to operating as insular systems recognizing only states as legitimate participants have come under pressure to open their processes to public view and participation. The World Trade Organization (WTO) in particular has been widely criticized for its lack of transparency and democratic participation. Nowhere has this criticism been more prevalent than in the arena of dispute settlement. The controversy over the acceptance of amicus briefs at the WTO reflects the tensions among WTO members and non-members concerning greater public access to dispute settlement proceedings. This battle has been fought primarily through the Appellate Body and its important series of decisions on amicus briefs.


2016 ◽  
Vol 43 (5) ◽  
pp. 780-800 ◽  
Author(s):  
Antonio Rodríguez Andrés ◽  
Simplice Asongu

Purpose The purpose of this paper is to examine global trajectories, dynamics, and tendencies of software piracy to ease the benchmarking of current efforts toward harmonizing the standards and enforcements of intellectual property rights (henceforth IPRs) protection worldwide. Design/methodology/approach For that purpose, the authors estimate dynamic panel data models for 99 countries over the period 1994-2010. Findings The main finding suggest that, a genuine timeframe for standardizing IPRs laws in the fight against software piracy is most feasible within a horizon of 4.3-10.4 years. In other words, full (100 percent) convergence within the specified timeframe will mean the enforcements of IPRs regimes without distinction of nationality or locality within identified fundamental characteristics of software piracy. The absence of convergence (in absolute and conditional terms) for the World panel indicates that, blanket policies may not be effective unless they are contingent on the prevailing trajectories, dynamics and tendencies of software piracy. Policy implications and caveats are also discussed. Originality/value It is the first attempt to empirically assess the convergence of IPRs systems across countries.


2010 ◽  
Vol 64 (2) ◽  
pp. 257-279 ◽  
Author(s):  
Marc L. Busch ◽  
Krzysztof J. Pelc

AbstractInternational institutions often moderate the legal decisions they render. World Trade Organization (WTO) panels do this by exercising judicial economy. This practice, which is evident in 41 percent of all rulings, involves the decision not to rule on some of the litigants' arguments. The constraint is that it can be appealed. We argue that panels exercise judicial economy when the wider membership is ambivalent about the future consequences of a broader ruling. This is proxied by the “mixed” (that is, nonpartisan) third-party submissions, which are informative because they are costly, jeopardizing a more decisive legal victory that would benefit these governments too. We empirically test this hypothesis, and find that mixed third-party submissions increase the odds of judicial economy by upwards of 68 percent. This suggests that panels invoke judicial economy to politically appease the wider WTO membership, and not just to gain the litigants' compliance in the case at hand.


2014 ◽  
Vol 13 (3) ◽  
pp. 222-231
Author(s):  
Philip Joseph Wells

Purpose – The purpose of this paper is to provide a holistic and cohesive overview of the development of GATT, Article XX; critically focussing, in particular, on whether the interpretation of the provision permits developed member states to embark on unilateral and protectionist actions. Design/methodology/approach – The methodology for this paper was to assess and review the developing jurisprudence of the World Trade Organization (WTO) that relates to the use of Article XX. The paper adopts a chronological critique to analyse the development of the law; included in this is academic theory that underpins and proffers an explanation for the development. Findings – This paper suggests that while Article XX exists as a potential target to permit unilateral action by developed nations, it does not create a guise for unilateralism and protectionism due to the interpretation afforded to the “Chapeau”. Practical implications – The paper demonstrates an expansive collection of WTO jurisprudence and case authorities to illustrate the overarching interpretation of Article XX; in doing so, it allows those associated with the WTO to gain a practical overview of the holistic workings of Article XX. Social implications – Through demonstration of Article XX, and its interpretation, this paper outlines the social values and norms most likely to enjoy a privileged status to override WTO obligations. This paper also espouses what social values may develop in the future to be classified within Article XX. Originality/value – This paper provides an original insight by considering holistically, rather than narrowly, the interpretation of Article XX.


2020 ◽  
Vol 34 (3) ◽  
pp. 401-412
Author(s):  
Sarah C. Goff

AbstractTwo recent books consider the future of trade governance. Consent and Trade proposes reforms to trade agreements so that states can consent more freely to their terms. On Trade Justice defends reforms to the World Trade Organization, arguing that multilateralism is the foundation for a “new global deal” on trade. Each book describes trade's distinctive features and proposes a principle to regulate both trade and trade governance. Consent and Trade defends a principle of respect for state consent in trade agreements. On Trade Justice offers a theory of trade justice that requires nonexploitation. Consent and nonexploitation are important principles for economic exchanges. However, trade governance and trade itself are different forms of cooperation, with different agents and different interests at stake. Consent and nonexploitation are less compelling as principles for trade governance than for trade itself. Both books understate the conflict between their principles for trade governance and liberal justice.


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