Caribbean Trade Law and Development

Category: WTO

  • 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.

  • Caribbean Trade & Development Digest – March 8-14, 2020

    Caribbean Trade & Development Digest – March 8-14, 2020

    Welcome to the Caribbean Trade & Development News Digest for the week of March 8-14, 2020! We are happy to bring you the major trade and development headlines and analysis from across the Caribbean Region and the world from the past week.

    THIS WEEK’S HIGHLIGHTS

    The COVID-19 outbreak has this week been declared a pandemic by the World Health Organisation. Globally, reported infections are now over 150,000 with deaths at nearly 6,000. The outbreak continues to have a negative impact on stock markets, commodities prices and global supply chains. Businesses worldwide have begun restricting employees’ travel and implementing work from home policies.

    According to an UNCTAD report published this week, the outbreak could cause global foreign direct investment (FDI) to shrink by 5%-15%.

    World services trade growth continued to weaken toward the end of 2019 and into the first quarter of 2020 according to the World Trade Organisation’s Services Trade Barometer, released on 11 March 2020. The indicator does not yet fully capture the economic impact of the COVID-19 virus and is likely to decline further in the coming months, according to the WTO.

    The WTO became one of several organisations which has cancelled all meetings in light of COVID-19. The Government of Kazakhstan has cancelled the WTO’s Ministerial Conference that was scheduled to be held there June 8-11 in light of the COVID-19 pandemic.

    In the Caribbean, several English-speaking Caribbean countries have now announced cases. This is in addition to several other non-English speaking Caribbean countries which reported cases earlier.

    See my articles on : The possible economic and trade impacts of COVID-19 on the Caribbean here and on small businesses/MSMEs here.

    REGIONAL NEWS

    ‘More trade coming’ with Suriname

    Barbados Today: With expected disruptions in global trade as a result of the COVID-19, Government officials are working around the clock to ensure that new opportunities are in place for Barbados to source some items from the region. Read more

    A WTO Investment Facilitation Agreement: Any added value for the Caribbean?

    Guyana Chronicle: With regional governments already undertaking reforms, would a WTO Multilateral Investment Facilitation for Development Agreement add value for the Caribbean or would the legal burdens of signing a multilateral agreement outweigh any potential benefits? Should the Caribbean seize this opportunity to be among the rule-makers in an area of development-interest to the region or should we sit this one out? Read more

    American firms, US revive ‘AmCham’ biz body

    Barbados Today: American business figures are seeking to re-establish a link with firms here and throughout the Eastern Caribbean in a bid to leverage new exports to the region. Read more

    All cruise lines cancel cruises over the next 30-60 days

    Barbados Today: Cruise Lines International Association (CLIA) has announced that all member ocean cruise lines are pausing sailings over the next 30-60 days. For most cruise lines, the cancellations will span the next 30 days. Read more

    Coronavirus shuts down Guyana-Suriname ferry crossing

    Demerara Waves: The Guyana-Suriname ferry service has suspended operations because that neighbouring country on Friday registered its first case of the novel coronavirus. Read more

    Barbados hosts successful consultations on CARICOM Strategic Plan

    Barbados Advocate: National consultations held in Barbados this week to help map the way forward for the results-focused new ten-year Caribbean Community (CARICOM) Strategic Plan, have been described as “rich and fruitful”. Read more

    Implementation of the Extended Article 164 Regime of the Revised Treaty of Chaguaramas

    St Lucia News Online: The Ministry of Commerce, International Trade, Investment, Enterprise Development and Consumer Affairs wishes to advise members of the general public of the impending implementation of a CARICOM wide initiative to enable the growth and development of the Less Developed Countries of CARICOM. Read more

    How will COVID-19 affect the economies of Latin America and the Caribbean?

    UNDP: The COVID-19 outbreak is a new potential source of volatility and a threat to the macroeconomic stability of Latin America and the Caribbean. While it is still too early to fully understand its impact on China’s growth, and how it will result in a slowdown in our region, what we know so far is that COVID-19 is spreading at an accelerated rate and has caused a disruption to China’s economy. Read more

    Belize and Florida continue to strengthen Bilateral Trade and Investment relationship

    Breaking Belize News: Тhе Веlіzе Тrаdе аnd Іnvеѕtmеnt Dеvеlорmеnt Ѕеrvісе (ВЕLТRАІDЕ), а ѕtаtutоrу bоdу undеr thе Міnіѕtrу оf Есоnоmіс Dеvеlорmеnt, Реtrоlеum, Іnvеѕtmеnt, Тrаdе аnd Соmmеrсе оf thе Gоvеrnmеnt оf Веlіzе (GОВ), wеrе hоѕtеd аt а twо-dау оutbоund Веlіzе Вuѕіnеѕѕ Міѕѕіоn іn Таllаhаѕѕее, Flоrіdа UЅА. Read more

    Jamaican businesses seek spin-offs from booming Guyanese economy

    Jamaica Observer: The massive oil discovery in Guyana will have a dramatic effect on driving its developing economy, with a growth rate of 85 per cent recently predicted by the International Monetary Fund (IMF). Read more

    INTERNATIONAL NEWS

    Coronavirus could shrink global FDI by 5% to 15%

    UNCTAD: The coronavirus (COVID-19) outbreak could cause global foreign direct investment (FDI) to shrink by 5%-15%, according to an UNCTAD report published on 8 March. Read more

    Global Diplomacy Grinds to a Halt on Infection Fears

    Foreign Policy: One by one, the U.N., WTO, and other major international players are canceling regular gatherings. Read more

    COVID-19 Survey: Impacts on Global Supply Chains

    Business Facilities: Nearly 75 percent of companies report supply chain disruptions in some capacity due to coronavirus-related transportation restrictions, according to the newly released results of a survey focused on coronavirus disease 2019 (COVID-19) business and supply chain impacts. Read more

    Coronavirus: US travel ban on 26 European countries comes into force

    BBC: President Donald Trump’s travel ban on 26 European nations has come into force in the US, as part of a contingency plan to tackle the coronavirus crisis. Read more

    COVID-19-hit Iran asks IMF for aid amid US sanctions

    Deutsche Welle: For the first time in six decades, Iran has requested a loan from the IMF to fight the coronavirus outbreak. US sanctions have isolated the country from the global financial system. They could also stop IMF assistance. Read more

    Brexit: coronavirus sparks calls to extend EU transition period

    The Guardian: Britain and the EU are facing calls to back away from a “game of chicken” and extend the Brexit transition period immediately, as both respond to the coronavirus pandemic. Read more

    Brexit: EU drafts trade deal ahead of talks with UK

    BBC: The EU has drafted a post-Brexit trade deal proposal, covering areas such as security, foreign policy and fisheries. The 441-page draft legal text, seen by the BBC, was sent to the 27 EU states on Thursday night, ahead of being presented to the UK next week. Read more

    African Free-Trade Deal on Track Despite Coronavirus

    Bloomberg: The coronavirus pandemic is unlikely to scupper a July 1 target for the first commerce under an African-wide free-trade deal, even if meetings to iron out details are being canceled, according to the zone’s most senior official. Read more

    Global business travel could suffer $820bn virus hit, says group

    Al Jazeera: The global spread of the coronavirus is increasingly affecting business travelers, an industry body said. Read more

    STRAIGHT FROM THE WTO

    NEW ON THE CTLD BLOG

    The Caribbean Trade & Development Digest is a weekly trade news digest produced and published by the Caribbean Trade Law & Development Blog. Liked this issue? To read past issues, please visit here. To receive these mailings directly to your inbox, please subscribe to our Blog below: