WTO Rights & Obligations: Africa’s Strategic Application of the GOLDEN RULE dcrosby@whitecase

1. WTO Rights & Obligations: Africa’s Strategic Application of the GOLDEN RULE dcrosby@whitecase.com Mombasa 2 November 2006

2. WTO Rights and Obligations – OUTLINE • Evolution and Codification of International Law • Significance of Ultimate Sources of Law • Moral • Legal • Economic Development • Strategic Application of Background • Negotiations • Enforcement

3. Evolution and Codification • How do international rules of engagement evolve? • How are international rules codified? • Do rules-based results reflect origins? • Treaties • International undertakings

4. Foundation of Human Interaction The GOLDEN RULE Do unto others as you would have them do unto you

5. The GOLDEN RULE – Int’l Law • Application in treaties • Diplomatic relations • International trade

6. The GOLDEN RULE – Int’l Law • Evolution of practice • Codification under International Law • Application in Trade Relations

7. The GOLDEN RULE at the WTO • Application in the Multilateral Trade System • Codification • Rules • National Treatment • MFN • Commitments • Significance • Practical Application

8. An American Perspective Norman Rockwell, 1894-1978

9. Triple Self-Portrait - 1960

10. Freedom from Want - 1943

11. The Problem We All Live With - 1964

12. The GOLDEN RULE - 1961

13. African Perspective One going to take a pointed stick to pinch a baby bird should first try it on himself to feel how it hurts. - Yoruba Proverb (Nigeria)

14. Significance / Strategic Relevance • Moral • Legal • Economic Development

15. Moral Significance

16. LegalSignificance Codification in rules  Basis for complaint  Enforcement  = Objectives

17. EconomicSignificance • Basis for system to create economic opportunity and development • (Theory vs. reality) • Guides economic policy decisions by Members • ONLY IF OBLIGATIONS ARE RESPECTED AND RIGHTS ARE ENFORCED

18. Economics - U.S. Executive Policy

19. Economics - U.S. Legislative Policy

20. Economics - U.S. Trade Policy “Just as we must abide by our international commitments so must [other governments], even if doing so is politically difficult. To do otherwise simply violates the golden rule– do unto others as you would have them do unto you.”

21. Economics – More U.S. Trade Policy “…we will work to make sure that we practice what we preach – that we too follow the golden rule –that we do unto other nations as we would have them do unto us.”

22. Strategic Application by Africa • Golden Rule Rights • Golden Rule Obligations

23. Considerations • Refining the Golden Rule • Contractual flexibility and renegotiation • Fools’ Golden Rule • Ideals and practicality • The Problem We All Live With - • Do we live by and enforce codified ideals?

24. WTO Ideal --- …raising the standards of living, ensuring full employment and a steadily growing volume of real income and effective demand, and expanding the production of trade in goods and services, while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development…"

25. WTO Practice --- Strategic relevance of the GOLDEN RULE in the context of WTO rights and obligations.

26. WTO Practice --- • For Africa, living by practical ideals at the WTO means GOLDEN RULE • Enforcement, and • Negotiation.

27. THANK YOU

28. WTO Rights & Obligations: Africa’s Strategic Application of the GOLDEN RULE dcrosby@whitecase.com Mombasa 2 November 2006