Caribbean Trade Law and Development

Category: World Trade Organization

  • World exports of intermediate goods increased 20% in Q1, says WTO

    World exports of intermediate goods increased 20% in Q1, says WTO

    Alicia Nicholls

    According to a World Trade Organization (WTO) quarterly report released on September 2, global exports of intermediate goods saw a 20% year on year increase in the first quarter of 2021. The WTO report defines intermediate goods as those goods used as inputs in the production of a final product. It noted that “growth was strongest for IG ores, precious stones and rare earths (43 per cent) and food and beverages (22 per cent).”

    Asia was the region which saw the highest percentage growth (28%) in the exports of these goods, mainly due to China. Indeed, China, the US, Germany, Hong Kong (China) and Japan were the top exporters of intermediate goods, according to the WTO report. The first four countries were also the top importers globally, while India was the fifth.

    Access the WTO report here.

  • WTO: New DG Okonjo-Iweala officially assumes office and delivers maiden speech

    WTO: New DG Okonjo-Iweala officially assumes office and delivers maiden speech

    Alicia Nicholls

    On March 1, 2021, and after a protracted selection period, the World Trade Organization (WTO)’s seventh and first female Director-General, Dr. Ngozi Okonjo-Iweala officially took office. A world -respected finance expert and development economist, Dr. Okonjo-Iweala further makes history by being the first DG from the African continent.

    In her maiden speech, the new DG acknowledged the high expectations attendant with her assumption of office. While noting she would do her utmost to move the organisation forward, she rightly indicated that as a membership-driven organisation cooperation of its 164 members was needed. As such, she implored Members that “high expectations of my leadership also means that I have high expectations of you to help me deliver”.

    As is widely acknowledged, Dr. Okonjo-Iweala assumes directorship of the WTO at a critical time in that organisation’s over two decades-long history. She will be leading an organisation which is fighting fires on several fronts and faces questions of its continued relevance given its stalemated negotiations function and defunct Appellate Body. The new DG reiterated to Members that “it cannot be business as usual”.

    Outlining some of the priorities Members had indicated to her, she urged the need to “work hard to complete a few deliverables before MC12 so that Ministers can focus on ratifying agreements and agreeing best methods for implementation”. In particular, she cited the “the need to prioritize action on COVID-19 both for the immediate and longer term and focus on completing Fisheries Subsidies negotiations before the middle of the year”.

    She also recommended that “three or four clear deliverables” be finalized before the WTO’s overdue Twelfth Ministerial Conference. (MC12). MC12 was originally to be held in Kazakhstan in 2020 but was postponed due to the COVID-19 pandemic. At the General Council meeting on March 1, WTO members decided that MC12 will take place “in the week of 29 November 2021” in Geneva, Switzerland.

    The new DG also drew attention to the unequal global distribution of COVID-19 vaccines, in which many poor countries lag behind rich countries in accessing doses for their citizens. She noted her hope to be able to “initiate a dialogue and information exchange between us and representatives of manufacturers associations from developing and developed countries”.

    Dr. Okonjo-Iweala’s term of office will expire on August 25, 2025 and is renewable for one more term. Read her full speech here.

    We at the CTLD Blog take this opportunity to congratulate Dr. Okonjo-Iweala and wish her a successful tenure.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. All views herein expressed are her personal views and should not be attributed to any institution with which she may from time to time be affiliated. You can read more of her commentaries and follow her on Twitter @LicyLaw.

  • What COVID-19 trade measures have WTO members notified so far?

    What COVID-19 trade measures have WTO members notified so far?

    Alicia Nicholls

    The World Trade Organization (WTO) has this week called on Members, including those in the Caribbean, to notify trade and trade-related measures they are implementing nationally to fight the spread of COVID-19 and to support their economies during these unprecedented times.

    This is part of the WTO’s efforts to monitor the impact of the COVID-19 crisis on global trade. It is also consistent with the WTO’s role as the guardian of the multilateral trading system by, inter alia, promoting transparency of Members’ trade laws and policies.

    To this end, both this initiative and the Director General’s decision to establish a special taskforce of experts from across the WTO Secretariat to monitor the impact of COVID-19 on trade flows and the overall global economy are welcomed.

    What has been notified so far?

    According to the WTO’s new COVID-19 and world trade page, the following Members have notified trade/trade-related COVID-19 measures thus far: Albania, Brazil, Kyrgyz Republic, Mauritius, Indonesia, Kazakhstan and the Russian Federation.

    As many countries turn inward to fight the outbreak, it is little surprise, though unfortunate, that many of the notified measures are trade-restricting. The majority of measures have been notified as technical barriers to trade (TBTs), but sanitary and phytosanitary (SPS) measures and quantitative restrictions have also been notified. Several of the notifications relate to export bans or licensing arrangements for the export of medical equipment, while others restrict imports of live fish and fish products, mammals and exotic pets from certain affected countries, particularly China where the virus originated.

    WTO Secretariat List of Members’ Trade-related COVID-19 measures

    The WTO Secretariat has also compiled its own list of Members’ trade and trade-related COVID-19 measures based on official and other public sources. The list as at March 26 may be found here.

    In addition to some trade-restrictive measures, the list shows that there have also been some trade-enabling measures implemented, such as reductions or eliminations of customs duties on medical supplies.

    Another example of a trade-enabling measure is Argentina’s suspension of its anti-dumping duty on imports of hypodermic syringes from China and parenteral solutions from Brazil and Mexico.

    The wider perspective

    More broadly, there has been growing concern over bans or restrictions being implemented by some countries on the export of medical supplies, such as pharmaceutical drugs, disinfectants and face masks. An insightful analysis by Global Trade Report (2020) found that “as of 21 March 2020, 46 export curbs on medical supplies have been introduced by 54 governments since the beginning of the year”.

    Let us consider a few examples. The European Union (EU) has temporarily introduced export authorisation requirements for exports of personal protective equipment outside of that bloc. Amidst a surge in global demand, India has announced an export ban on the anti-malarial drug hydroxychloroquine, believed by some to be a possible cure for COVID-19 but this remains scientifically unproven. The United Kingdom (UK) has banned the parallel exporting of certain medicines critically for treating COVID-19 patients in intensive care units.

    Export bans are now being extended to food items, which the United Nations Food and Agriculture Organisation (FAO) has warned could cause a global food shortage. For instance, in order to ensure enough rice supplies during the COVID-19 outbreak, Vietnam has halted the signing of new rice export contracts until March 28th. Kazakhstan has banned the export of key food items.

    What about the Caribbean?

    Although announced as temporary measures, these developments are particularly disconcerting for import-dependent small States like those in the Caribbean which not only rely on the importation of food products, but depend on the importation of medical supplies needed to combat the spread of the highly contagious virus. These export bans and restrictions will not only restrict the availability of these needed medical supplies, but make sourcing them more expensive, with dire implications for affected importing countries’ ability to save lives.

    How have Caribbean countries responded to the COVID-19 crisis to date? No Caribbean WTO Member has notified any COVID-19 trade-related measures so far. Indeed, Caribbean countries’ policy responses to the crisis have been largely in the form of fiscal stimulus packages and economic and social support for affected workers and businesses, as opposed to any export-related measures.

    Nonetheless, to assist the WTO Secretariat in its monitoring of Members’ trade/trade-related COVID-19 policy responses and to comply with our general notification obligations under the various WTO Agreements, it is advisable that our governments notify any COVID-19 trade/trade-related measures or economic support measures which may have a possible trade impact.

    Caribbean countries should also advocate for greater international cooperation to ensure that they and other poorer countries are able to access needed medical supplies and foods.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant. You can also read more of her commentaries at www.caribbeantradelaw.com and follow her on Twitter @LicyLaw.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.

  • Several WTO Members agree on interim appeal arrangement for dispute settlement

    Several WTO Members agree on interim appeal arrangement for dispute settlement

    Alicia Nicholls

    On March 27, 2020, several Members of the World Trade Organization (WTO) agreed on a stop gap measure to ensure the continuation of a two-step system for the peaceful and orderly settlement of trade disputes amongst them at the WTO.

    Readers would recall that in December 2019 the WTO Appellate Body lost the quorum needed for hearing new appeals from panel reports and is no longer functioning. It is the sad culmination of the US’ blockage of appointments/re-appointments to the normally seven-member body in protest over alleged judicial overreach.

    What’s the Multiparty Interim Appeal Arbitration Arrangement?

    The new temporary arrangement agreed on today, known as the Multiparty Interim Appeal Arbitration Arrangement (MPIA), is based on Article 25 of the WTO’s Dispute Settlement Understanding. The MPIA will be based on the substantive and procedural aspects of the Appellate Body. Any Member may join the MPIA upon notification of endorsement of the communication to the Dispute Settlement Body. The arrangement will be in place as long as the Appellate Body remains defunct.

    This interim appeal initiative, which was spearheaded by the EU, is further to a statement which was made on January 4, 2020 at Davos in which the EU and then sixteen other WTO Members agreed to work on such an arrangement.

    Who’s already in?

    In addition to the EU, the fifteen other WTO Members which have already signed on are: Australia; Brazil; Canada; China; Chile; Colombia; Costa Rica; Guatemala; Hong Kong, China; Mexico; New Zealand; Norway; Singapore; Switzerland; and Uruguay. No Caribbean country has signed on as yet.

    For further information

    The Ministerial Statement may be accessed here.

    The full text of the Multiparty Interim Appeal Arbitration Arrangement may be read here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant. You can also read more of her commentaries at www.caribbeantradelaw.com and follow her on Twitter @LicyLaw.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.