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Marion Jansen (ILO) and Patrick Low (WTO) Presentation at “Trade-And?

Dealing With Internal Measures in the Multilateral Trading System: Why, How and With What Consequences?. Marion Jansen (ILO) and Patrick Low (WTO) Presentation at “Trade-And? The World Trade Organization’s Fuzzy Borders” a Graduate Institute and NCCR Conference Geneva, February 5, 2009.

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Marion Jansen (ILO) and Patrick Low (WTO) Presentation at “Trade-And?

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  1. Dealing With Internal Measures in the Multilateral Trading System: Why, How and With What Consequences? Marion Jansen (ILO) and Patrick Low (WTO) Presentation at “Trade-And? The World Trade Organization’s Fuzzy Borders” a Graduate Institute and NCCR Conference Geneva, February 5, 2009.

  2. Dealing with Internal Measures at the WTO • Reasons for linking internal measures and policies to trade negotiations … we suggest a variety of motives; no over-arching theory for normative analysis available. • Internal policies in WTO law … different approaches have been used • Factors that have affected agenda-setting in the past … some motives appear to have found more political support than others • Decision-making options in the WTO … suggesting a way forward for discussing internal measures within the WTO

  3. Motives for linking internal measures to trade negotiations • Contestability of markets • Anti-circumvention • Public policy with a dual objective ( … regulatory chill, race to the bottom arguments) • Engendering new competitive opportunities • Reduce trade costs • Shaping national markets in the face of other distortions

  4. Motives for linking internal measures to trade negotiations • Contestability of markets • Guaranteeing the effectiveness of domestic policies • Taking advantage of cross issue linkages in negotiations

  5. Factors that have affected agenda-setting the past • “Policy effectiveness” arguments have not been very successful; • There is evidence of an ambiguous attitude towards harmonization; • Export interests and the anti-circumvention argument appear to have been rather successful; • Enforcement considerations appear to have played a role.

  6. Decision making and agenda formation in the WTO • Varied interests, needs and priorities • Complex negotiations • Transactions costs and large numbers • Agenda size and trade-offs For WTO rule-making (not trade liberalization negotiations) • Consensus/veto ? • Critical Mass ?

  7. Decision making and agenda formation in the WTO Maintaining multilateral integrity with critical mass • Critical mass defines itself • Three decision points: • Launching a negotiation • Drawing up the norms • Adopting the results • Critical mass and MFN • Critical mass, protecting interests and managing free-riding

  8. Conclusions • Motives for affecting agenda setting are multiple and complex • Options for institutional design are numerous • Forum selection • Facilitating agreement through a re-balancing of rights and obligations

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