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how meetings in Geneva each week and as a result a less ?

19 / 12 / 2018 Certificate IV In Commercial Cookery (SIT40413)

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DISCUSSION Its well known that the WTO has 164 members where about two thirds are developing countries. All these members from different Countries are play an important role in the global economic scale and actively participate on development of whole world trade[i]. Over the years, interests of the developed countries have expanded and scope of their involvement covers agriculture, services (financial, telecommunications, information technology, etc.), intellectual property rights, electronic commerce, investment, government procurement, and competition policy[ii]. However, developing-country Members have some different specific rules which regulates certain relationship, detailed points described below. As we know, all changes in WTO rules come via mutual negotiations called rounds. In fact, there are some difficulties with broad participation of all 164 Members in the session which could lead to ineffective negotiations. To avoid such gaps, it was established a mechanism named green room meeting which bring together the major powers member[iii] (which include the European Union, the United States, China, Brazil and India) and a select number of other Members[iv] as a coordinatorrepresentative of a larger group of Members. In recent years, participation of developing countries in such meeting has increased[v]. However, such method of communication was criticized at the Seattle Ministerial Conference in November-December 2000[vi] but this discussion did not lead to any structural changesreform in the WTO. The main challenge in relation to negotiations and decision-making among whole the WTO Members is to have a balance between inclusiveness, transparence and efficiency[vii]. In recent times, most of developing-country Members (Argentina, Chile, Indonesia, Malaysia, Mexico, Pakistan, Peru, Philippines, Thailand and Turkey) of the WTO as part of groupcoalition among have increased their influence in WTO negotiations and decision -making. However, there are still lack of expertise and resources for many other developing-country Members including least-developed country Members[viii]. In accordance with analyses provided by Van den Bossche, P and Zdouc, W. (The Law and Policy of the World Trade Organization: Text, Cases and Materials) since 2000 developing -country members brought more disputes to the WTO that developed- countries. For instance, Brazil 29 complaints; Argentina 20 complaints; India-23 complaints. Should be noted that developing -countries Members initiate the case against developed-country Members, as one of example is US -Underwear, a complaint by Costa Rica. Of course, there are a lot of other cases when developing -country Members initiated the case against developing-country Members, for instance Turkey -Textiles (1999) a complaint India[ix]. Here, also needs to be noted that developing-country Members has some specific rules which can be found in Article 3.12 Article 27. So, one of the key point is assistance which provided by the WTO Secretariat in terms of dispute settlement proceedings because many developing-country members do not have enough legal expertise to participate in WTO dispute settlement. Another effective legal assistance in dispute settlement proceedings can be provided by the Geneva-based ACWL which is independent from WTO organization and providing to developing-country Members legal assistance and an appropriate legal training regarding the WTO law[x]. Anti-Dumping Agreement also has some specific rules in relation to developing -country Members, in particularly, relating to anti-dumping measures taken by national investigating authorities where the first rule concerning the objectives (comprehensive assessment of the facts) and the second rule is when there is a possibility according to Agreement can be recognized more than one permissible interpretation[xi]. In accordance with analyses provided by Aileen Kwa WTO and Developing 1998, the Author has identified a several reasons why developing countries have a little power within the WTO framework[xii]: 1- Most developing countries are on dependent on major developed countries. 2- Mainly, negotiations and trade-off (bartering) system is beneficial among developed country Members. 3- Lack of resources, many developing countries cannot be able to handle 40-50 meetings in Geneva each week and as a result a less prepared than developed country counterparts. 4- Dispute settlement for the developing-country Members is costly and requires an appropriate level of legal expertise. In conclusion, we see that all Members of the WTO play important role on developinggrowth world (international) trade. However, there are some specific rules and concerns in relation to developing -country Members which take place due to certain objective reasons. [i] Van den Bossche, P and Zdouc, W. The Law and Policy of the World Trade Organization: Text, Cases and Materials, 4th Edition, Cambridge University Press,(2017) (Chapter 2 Section 5.3 (i.e. pp.152-156). [ii] FPIF: Article by Aileen Kwa, WTO and Developing Countries 1998. [iii] Van den Bossche, P and Zdouc, W. The Law and Policy of the World Trade Organization: Text, Cases and Materials, 4th Edition, Cambridge University Press,(2017) (Chapter 2 Section 5.3 (i.e. pp.152-156). [iv] Ibid. [v] Ibid. [vi] Ibid. [vii] Ibid. [viii] Van den Bossche, P and Zdouc, W. The Law and Policy of the World Trade Organization: Text, Cases and Materials, 4th Edition, Cambridge University Press,(2017) (i.e. pp.292 -294); [ix] Ibid. [x] Ibid. [xi] Van den Bossche, P and Zdouc, W. The Law and Policy of the World Trade Organization: Text, Cases and Materials, 4th Edition, Cambridge University Press,(2017) (pp 763-765); [xii] FPIF: Article by Aileen Kwa, WTO and Developing Countries 1998.


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