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  • Theresa May’s Resignation: What are the implications?

    Theresa May’s Resignation: What are the implications?

    Renaldo Weekes, Guest Contributor

    In 2016, the United Kingdom (UK) held the now famous ‘The United Kingdom European Union (EU) Membership referendum’ in which it voted to leave the EU. Due to then-Prime Minister David Cameron’s resignation over the result of the referendum, Theresa May became the Conservative party leader and concomitantly, Prime Minister of the United Kingdom of Great Britain and Northern Ireland. What followed was a tumultuous few years as Mrs. May tried to negotiate a deal that would satiate the country and the House of Commons.

    As she came to realise, however, this was no easy task. Disagreements over whether there should be a clean break from the EU with no deal, trading on World Trade Organization (WTO) rules, or a deal that would tie the UK to the EU in some form ensued. When a deal was finally crafted, Members of Parliament (MPs) from all across the Commons, including those in May’s own Conservative party, showed their displeasure for it as they rejected it three times. Though she tried to secure some changes, the EU effectively ruled that out. Fed up with the situation, many of her cabinet members began to resign and many MPs started calling for her own resignation as well.

    Amidst of all this, Theresa May argued that her deal was the best deal they could get and that she would not resign. That, however, did not last long. In an effort to persuade the Commons to support her deal, she promised she would resign if they voted for it. That was not enough, however, and now she has finally announced on Friday, May 25, 2019, that she will resign as Conservative party leader on June 7 and subsequently, Prime Minister of the UK. All problems do not end with Theresa May, however. In fact, some new ones now arise. One must ask what Theresa May’s resignation means for the Brexit withdrawal deal and the United Kingdom’s trade policy with other countries.

    A New Prime Minister and a new deal?

    Theresa May’s resignation has sparked a competition for leadership of the Conservative party and the UK as a whole. This means that all conservative MPs who were dissatisfied with May’s handling of Brexit now have the chance to correct all of her wrongs. At first, it may seem as though the party may choose one of the many vocal, hardline Brexiteers who wish to see a no-deal scenario, such as former Foreign Secretary Boris Johnson, to become the next Prime Minister since those hardliners are often credited as obstructing the passing of May’s deal. However, we must not forget that the Conservative Tory party is also made up of persons who wish to have a close relationship with the EU or even to remain in the Union. Those varying stances have all played a part in why May’s deal has been rejected. They all agreed on what they didn’t want but must now agree on what they want. Some Tory MPs have publicly said that will oppose the selection of someone like Mr. Johnson as his plans for a no-deal Brexit are too reckless.

    Let us consider a scenario where a no-deal supporter became the Prime Minister. Presumably, he may just rip up the deal and choose to exit the EU on WTO terms. This is next to impossible, however, as the House of Commons has already rejected a no-deal scenario under Theresa May. It is far less likely that those opposed to a no-deal withdrawal will change their minds just because of a new face. Especially if that new face is acting more ideological than pragmatic. If a no-deal scenario were to succeed, it would create massive disruption to operations and supply of goods as many businesses have deep ties within the EU that help them to survive. There will be an eventual recovery but how long will that recovery take? Would it really be wise to risk financial stability for the sake of satisfying an ideological point?

    What about a deal-supporting Conservative? There are many MPs who want to leave the EU with a deal but they differ on what they want in the deal. Some want an arm’s length relationship in the deal while others want to be as close as possible to the Union with a customs union or what has been dubbed as the common market 2.0. Though those scenarios would be more preferable than a no-deal, the House has also rejected those through the series of indicative votes that it held in late March and early April. On the face of it, no matter what the new Prime Minister brings, it may suffer the same fate as May’s deal. Of note though, is the margin by which each indicative vote failed. In the second round of indicative votes, the customs union vote tabled by ‘europhile’ Tory Kenneth Clarke, lost by only 3 votes; the lowest margin. The new Prime Minister who knows how to play politics better than Theresa May may able to swing people to the customs union provided that it is his or her preferred option.

    Forgetting Brexit entirely?

    Other options such as holding a second referendum and revoking article 50 are also desired by some but that may not be the wisest thing to consider at this time. The public will perceive that the Government is holding a new referendum simply because the first one produced an undesired result. Revoking article 50 goes directly against what the people voted for. Avoiding Brexit may be the desired outcome for some, but the public upheaval that may arise through the methods of trying to stop it may not be worth it. Implementing these options with support from the House and the public will be quite laborious. 

    The EU’s role in the deal

    Amidst of all this, no matter what the new Prime Minister puts forward, he or she still has to deal with the EU. The EU has made clear that they will not change the current deal. There is no more room for tweaks or changes, especially relating to the contentious Irish backstop that seeks to prevent a hard border between Northern Ireland and the Republic of Ireland. If a new Prime Minster believes that he or she can sway the EU to remove the backstop or any other restrictive conditions then he or she is sorely mistaken. It will be especially difficult to renegotiate the deal so late into the timeline with someone who may be hostile toward the EU. By all means, however, the EU will welcome anyone willing to build its current relationship with the UK. It will be easier to renegotiate the deal in that regard. The EU will also still be wary of crafting any kind of deal considering that the House has effectively ruled out all options on the table.

    The United Kingdom’s Trade policy with other Countries

    It is quite clear that Brexit will shape who becomes the next Conservative leader and the next Prime Minister but there are other trade policy issues that exist beyond Brexit. With a change in leadership and subsequent change in team, other world leaders must now adapt to what could be a change in trade policy approach. There could be a new Prime Minister who is more of a hardliner as it relates to overall trade policy or someone who has a softer approach. This will be of special interest to leaders like United States (US) President Donald Trump who wishes to renegotiate the US’ trade deals with other world leaders that he considers as conciliatory parties. This may not be much of a big concern, however, as a change in leadership is normal as this happens whenever there is a general election.

    Additionally, a Conservative is a Conservative. There may be no real major policy changes for the country as a whole. The relationship between the UK and the EU is also one that is unlike other relationships the UK has and issues surrounding Brexit will be far more complex than normal trade relationships. Others may claim that the EU is being a bully as it is merely concerned for its own sustainability.

    Conclusion

    Considering that all surrounding factors remain the same, those being Parliament’s and the EU’s stubbornness, and the fact that practically speaking, there are no changes that can be made unless they seek to bring the UK and the EU closer together, the new Prime Minister has to be one that looks at the situation in a pragmatic way rather than ideological. He or she must also be able to play politics. Though the legal relationship is what really matters, people must be sold on the idea that this is the best possible deal rather than simply being told it is the best. Whoever the new Prime Minister is, one can only hope they can achieve these things and solve the current Brexit problem rather than exacerbate it or even create new ones. The Conservatives must realize that Britain’s future, Brexit and beyond, is in their hands.

    Renaldo Weekes is a holder of a BSc. (Sociology and Law) who observes international affairs from his humble, small island home. He has keen interest in how countries try to maneuver across the international political and legal stage. Read his other postings here.

  • Caribbean Trade & Development News Digest – May 19-25, 2019

    Caribbean Trade & Development News Digest – May 19-25, 2019

    Welcome to the Caribbean Trade & Development News Digest for the week of May 19-25, 2019! 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 TRADE HIGHLIGHTS

    On the Brexit front, the biggest, but not entirely shocking news for the week was the announcement by UK Prime Minister Theresa May that she will be stepping down from office on June 7, 2019. Her full resignation speech may be viewed here.

    The OECD in its latest Economic Outlook noted the impact of the global trade tensions on the global economy. Access the press release and the report here.

    Looking regionally, Trinidad & Tobago this week underwent its 4th WTO Trade Policy Review. Read more here.

    REGIONAL TRADE NEWS

    Barbados approves importation of medical cannabis

    Caribbean News Now: The ministry of health and wellness has approved five medicinal marijuana drugs submitted by the drug formulary committee to be placed on the National Drug Formulary. The drugs will be imported by the Barbados Drug Service. Read more

    Grenada real estate resale changes spur CBI market freehold, leasehold, trust certificates qualify for resale

    Caribbean News Now: The government of Grenada’s re-alignment of the minimum investment requirement for the real estate option (for certain developments) of the country’s citizenship by investment (CBI) program from US$350,000 to US$220,000 has spurred the market, say experts. Read more

    Caribbean leaders will lead on climate resilience – PM Mitchell in CNN opinion

    CARICOM Today: Grenada and other Small Island Developing States are on the front line in the war against climate change. Although hurricanes are no stranger to the Caribbean, the overwhelming scientific evidence of how extreme weather conditions are worsening due to global warming shows that we need to take the signals that our Earth is sending us seriously. Read more

    BELTRAIDE hosts 1st SHEMentors Networking Event

    Breaking Belize News: The Belize Trade and Investment Development Service (BELTRAIDE) through support from the Regional Center of Promotion for MSME (CENPROMYPE) is hosting a women’s mentorship networking event today in Belize city. Read more

    Minister of Trade speaks on expansion of Freezone

    LoveFM: The Corozal Freezone has not really been the “talk of the town,” and, in fact, is in dire need of some TLC. The Freezone has not been forgotten, however, as there are big plans in the making to not only expand but also to revamp it. Minister of Trade, Tracy Taegar-Panton, met with the Freezone’s board of director last Friday, and today, she told us more about what was discussed. Read more

    EU Statement at the 4th Trade Policy Review of Trinidad and Tobago, 22 May 2019

    EU: On behalf of the European Union I would like to welcome Trinidad and Tobago’s Delegation, led by H.E. Senator the Honourable Paula Gopee-Scoon, Minister of Trade and Industry and the Discussant, H.E. Mr. Michael Gaffey (Ireland), for his introductory words. Read more

    Trade and Industry advocates for small economies at the WTO

    MTI: Minister of Trade and Industry, Senator the Honourable Paula Gopee-Scoon expressed a need for the World Trade Organisation (WTO) to adopt a pragmatic approach that takes due cognizance of the unique issues of Small and Vulnerable Economies (SVEs). Read more

    Stop The Wto ‘Scare Tactics’

    Tribune242: Carey Leonard, the former Grand Bahama Port Authority (GBPA) in-house counsel, told Tribune Business there was plentiful evidence from elsewhere in the Caribbean to prove that small businesses and ‘Mom and Pop’ stores “will not be wiped out” upon this country becoming a World Trade Organisation (WTO). Read more

    Exporting Caribbean fashion

    Newsday: Young fashion designers from TT, Grenada, Jamaica, Antigua and Barbuda, Barbados, St Lucia and Tortola – to name a few – have been brought together for the Fashion and Contemporary Design Accelerator, which participants said left them feeling empowered and ready to contribute to building a stronger regional fashion industry. Read more

    UNCTAD holds training in Belize

    LoveFM: The United Nations Conference on Trade and Development, UNCTAD, is in the country holding a one-week workshop to assist with the implementation of the Trade Facilitation Agreement. The Trade Facilitation Agreement will provide for a smoother and more efficient movement of goods. Read more

    Jamaica representing the Caribbean in global food fraud fight

    Loop Jamaica: Jamaica is the only Caribbean country to be included in an International Atomic Energy Agency (IAEA) five-year research project that is geared at assisting countries in combatting fraud in high-value food products, such as premium honey, coffee and speciality rice varieties. Read more

    Over 42,000 Caribbean nationals overstayed their non-immigrant US visas

    Caribbean News Now: Acting Homeland Secretary, Kevin Mc Aleenan revealed that over 42,000 Caribbean nationals from across the region overstayed their non-immigrant visas and stayed in the US between October 2017 and September 2018. This figure is contained in the US Department of Homeland Security’s (DSH) fiscal year 2018 entry/exit overstay report. Read more

    US Senators submit act to facilitate agricultural exports to Cuba

    Caribbean News Now: US Senators John Boozman and Michael Bennet submitted a draft bill to remove restrictions to private financing for US agricultural exports to Cuba. Read more

    Building Bonds

    Barbados Advocate: The Association of Barbados-China Friendship (ABCF) has been launched in an effort to create and strengthen the bond between Chinese and Barbadians. During the launch, which took place at the Hilton Resort Barbados on Thursday night, President of the ABCF Dr. Delisle Worrell noted that it is a “people-centred organisation with an emphasis on facilitating personal contacts between Barbadians and Chinese”. Read more

    Region lags global shipping trends

    Barbados Today: Barbados and the Caribbean appear to be lagging behind most of the world in using the global postal system’s Express Mail Service (EMS) to boost exports through e-commerce and small package deliveries, experts said here today. Read more

    INTERNATIONAL NEWS

    Rare Earths, the U.S.-China Trade War and Your Phone

    Washington Post: U.S. President Donald Trump’s threat to cut off the supply of chips and processors to Huawei Technologies Co. is hitting China’s biggest tech company where it hurts – its dependence on other nations for the semiconductors and software in smartphones and networking gear. So when Chinese President Xi Jinping showed up days later at a rare earths processing plant, many observers saw a message in the visit: the U.S. has its own tech vulnerabilities, too. Read more

    EU-ACP Pleased With Negotiations For Successor To Cotonou Agreement

    Jamaica Gleaner: The European Union says a new accord to replace the Cotonou Agreement that currently governs its relationship with the African, Caribbean and Pacific (ACP) Group is “taking shape”. Read more

    79-Nation Group’s Head Explains Vital Tasks Ahead Until ACP-EU Accord Expires

    IndepthNews: As talks progress on future relations between 79 African, Caribbean and Pacific (ACP) Group of States and the European Union in the aftermath of historic Cotonou Agreement due to expire in February 2020, Secretary-General Dr. Patrick Ignatius Gomes has spelt out vital tasks ahead. Read more

    Nigeria to Join Africa Free Trade Zone, Trade Minister Says

    Bloomberg: Nigeria will sign the Africa Continental Free Trade Agreement as soon as President Muhammadu Buhari approves an impact-assessment report he asked for, the country’s trade minister said. Read more

    The Impact of US-China Trade Tensions

    IMF Blog: US-China trade tensions have negatively affected consumers as well as many producers in both countries. The tariffs have reduced trade between the US and China, but the bilateral trade deficit remains broadly unchanged. Read more

    National Consultative Forum On the African Continental Free Trade Area – Experts to Discuss Corruption and the Challenge of Economic Transformation in Southern Africa

    All Africa: The Economic Commission for Africa Office for Southern Africa (ECA-SA) in partnership with the Ministry of Commerce, Trade and Industry, African Union Commission (AUC), are co-organising a National Consultative Forum; “National Consultative Forum on the African continental free trade area: Opportunities and Challenges for Zambia” from 23rd – 24th May 2019, at Mulungushi Conference in Lusaka, Zambia. Read more

    EU WARNED: Brussels told to be READY for no deal Brexit – ‘Britain will do just fine!’

    Express: THE European Union has been warned if it does not renegotiate the Brexit deal then Britain will instead “thrive and prosper” under a no deal scenario, political commentator Nile Gardiner has warned. Read more

    The world’s biggest shipping company warns Trump’s China tariffs are hammering global trade

    Business Insider: AP Moller-Maersk warned the recent escalation of the trade war could push growth in global container trade to the lower end of its forecast of 1% to 3% for 2019. Read more

    What next for Brexit Britain as May announces resignation as PM?

    Al Jazeera: The country’s future and whether or not it will leave the EU are thrown into further uncertainty after May resigns. Read more

    One-third of EU firms hit hard by US-China trade war

    Deutsche Welle: The ongoing trade tensions between the world’s two largest economies and tit-for-tat tariffs have adversely affected the fortunes of many European companies in China, a new survey reveals. The outlook remains gloomy. Read more

    EU trade tsar on US: ‘We hope we don’t impose tariffs on each other’

    Euronews: As EU-US trade ties remain shaky under the constant threat of tit-for-tat tariffs and rumblings of a trade war, Euronews sat down with EU trade tsar Cecilia Malmstrom to talk about the state of play. Read more

    EU, China, Thailand seek to join WTO consultation over India’s ICT products tariff
    Business Today: According to a communication of EU, China, and Thailand to the World Trade Organisation (WTO), these countries claimed that they have a substantial interest in the trade of information and communication technology (ICT) goods and in joining the consultation process. Read more

    US-China trade war hurts workers with lower salaries the most, WTO director says

    CNBC: An intensifying trade war between the U.S. and China is negatively impacting every country in the world, according to the director-general of the World Trade Organization (WTO), with workers earning lower salaries most likely to be hit the hardest. Read more

    Dispute over WTO reforms could paralyse it, says Canada
    Business Live: Absence of US and China at the latest round of talks to renew the world trade body dashes hopes of urgent action. Read more

    India on US watch list for currency practices

    Economic Times: The US has added India to its monitoring list for currency practices and macroeconomic policies, alleging undervaluation in its currency. Read more

    China’s coming slowdown opens doors to expanding African trade with India

    The Africa Report: Charles Robertson, chief economist at Renaissance Capital, argues that slower Chinese growth will not necessarily be detrimental for Africa, as Indian trade and investment is likely to increase. Indian demand for raw materials is likely to benefit the Democratic Republic of Congo (DRC), Guinea and Zambia, he says. Read more

    India reports trade deficit with 11 RCEP members in FY 2018-19

    Business Standard: The trade gap with Brunei, Japan, and Malaysia has increased to $0.5 billion, $7.1 billion and $3.8 billion, respectively in the last fiscal. It was $0.4 billion, $6.2 billion and $3.3 billion in 2017. Read more

    Malaysia to strengthen trade, investment ties with Brazil

    Malay Mail: Malaysia and Brazil will continue to focus on expanding bilateral trade and investment ties.This is alongside the possibility of having a free trade agreement between Malaysia and Mercosur, an economic and political bloc comprising Argentina, Brazil, Paraguay and Uruguay. Read more

    Canada, U.S. reach deal to continue pork trade if swine fever is detected

    Global News: In the event of an outbreak of African swine fever in Canada or the U.S., pork products from disease-free areas will still be allowed to flow across the border.An agreement reached between the two countries is intended to limit the economic impact of a possible outbreak of ASF, an illness that has led to the deaths of a million pigs in China but has not been detected in Canada or the U.S. Read more

    Mexico’s Lopez Obrador says confident USMCA will be ratified

    Reuters: Mexico’s President Andres Manuel Lopez Obrador said on Thursday he was confident the United States-Mexico-Canada-Agreement would be ratified, increasing trade in the North American region. Read more

    Turkey halves tariffs on 22 US imports to reciprocate Washington move

    Daily Sabah: Turkey has decided to reduce additional duties on some U.S. imports in response to a similar United States move to halve tariffs on Turkish steel imports, the trade minister said on Wednesday. Read more

    Chinese AI firms hunker down as reports indicate they are next on US export hit list

    The Edge Markets: iFlytek executive Hu Yu may have spoken too soon, when he made a positive comparison of his company to Huawei Technologies during a new product launch in Shanghai earlier this week. Read more

    WTO NEWS

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  • Trinidad & Tobago receives largely positive feedback during latest WTO Trade Policy Review

    Trinidad & Tobago receives largely positive feedback during latest WTO Trade Policy Review

    Alicia Nicholls

    On May 22 and 24, 2019, the Republic of Trinidad & Tobago underwent the fourth review of its trade policies and practices under the World Trade Organization (WTO) Trade Policy Review Mechanism. Trade Policy Reviews are the process by which the trade practices and policies of each WTO member are collectively evaluated by the WTO Membership (acting as the Trade Policy Review Body) at periodic intervals. Trinidad & Tobago is reviewed every six years and previously underwent reviews in 2012, 2005 and 1998.

    In April this year, the Trade Policy Review Mechanism celebrated 30 years of existence. It is an important aspect of the WTO’s monitoring function and aims to periodically evaluate the impact of each Member’s trade policies and practices on the multilateral system, thereby ensuring accountability, predictability and transparency of the rules-based multilateral trading system.

    An independent report prepared by the WTO Secretariat and a report by the WTO member being reviewed form the basis of the review. Trade Policy Reviews are a detailed and lengthy process which begin many months in advance of the actual meetings in Geneva. In January 2019, a WTO Review team visited Trinidad & Tobago and consulted with various government and private sector stakeholders. This week a delegation from Trinidad & Tobago which was led by H.E. Senator Paula Gopee-Scoon, Minister of Trade and Industry of Trinidad & Tobago and comprised five technical members, was in Geneva, Switzerland for the period May 20-24 to attend the review meetings at the WTO.

    Trinidad & Tobago received largely positive feedback for the current review period (2012-2019). According to the concluding remarks by the Chairperson, more than 200 questions were submitted by 15 Members. The questions and answers are usually available six weeks after the review process is completed. The Chairperson’s concluding remarks noted that Trinidad & Tobago provided answers to all the written questions submitted in advance of the meeting.

    The Chairperson’s concluding remarks listed the areas in which WTO Members appeared to be pleased with Trinidad & Tobago’s performance, including the return to economic growth after a period of recession, the steps taken to improve its government procurement regime through the passage of the Public Procurement and Disposal of Public Property Act, the modernization of its customs infrastructure and the introduction of a single electronic window in 2012 and the introduction of a new online payment system for import tariffs and other taxes and fees in 2019. They also praised the twin island Republic’s active participation in the WTO, its acceptance of the Protocol Amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 2013 and its ratification of the Trade Facilitation Agreement in 2015.

    Trinidad & Tobago was encouraged by some Members to join the Information Technology Agreement (ITA) and to become an observer to the Agreement on Government Procurement. Other areas suggested for improvement include facilitation of access to visas and foreign exchange, improving the regime for Sanitary and Phyto-sanitary Standards (SPS) and providing further information on enforcement actions for intellectual property rights. Some Members also encouraged Trinidad & Tobago to notify its announcement of an import ban on plastics from 2019 to the Committee on Technical Barriers to Trade to allow comments from Members.

    Members, however, raised some areas of particular concern. On the issue of tariffs, they noted, for example, that the applied Most Favoured Nation (MFN) rate exceeded the country’s bound rate on 59 tariff lines in 2018, up from 50 in 2011 during its last review. Another area of concern for Members was while the import surcharges imposed in 1990 were supposed to be temporary, the Government had continued to apply new import surcharges. Members also noted that Trinidad & Tobago’s notifications were either not up to date or outstanding in some areas, but were pleased to learn that the country made a formal request for technical assistance on notifications.

    While Trade Policy Reviews are an often intensive exercise for the Member being reviewed, they are an important opportunity for WTO Members to query other Members’ trade policies and practices, as well as for Members themselves to receive objective periodic feedback on their adherence to rules, disciplines and commitments under the WTO’s agreements, as well as on their general trade and investment framework. This feedback could be useful to Governments seeking to make business and investment facilitation reforms to improve their competitiveness and investment attraction.

    The Secretariat’s detailed report contains extensive information on the overall business environment of the Member reviewed for the review period, including its macroeconomic environment, its legal and regulatory framework for trade and investment and trade policies and practices by measure and by sector. As such, trade policy review documents are often rich initial sources of information for businesses and investors interested in doing business or investing in a particular economy.  

    Once Trinidad & Tobago submits its replies within a month’s time to any follow up questions raised during the meeting, the Trade Policy Review will have been successfully concluded.

    The documents from Trinidad & Tobago’s latest review may be accessed here. Also visit the website of the Ministry of Trade and Industry for press releases related to the review here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries 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.

  • Barbados and Jamaica join WTO developing country discussions in New Delhi

    Barbados and Jamaica join WTO developing country discussions in New Delhi

    Alicia Nicholls

    Last week, the Caribbean countries of Barbados and Jamaica joined 21 other developing country members of the World Trade Organization (WTO) for a WTO Ministerial Meeting of Developing Countries on May 13-14, 2019. The Informal Ministerial, which was hosted by India, aimed “to discuss recent developments at the WTO and explore ways for working with all Members to strengthen the multilateral trading system”, according to the official press release.

    The presence of not one but two of our Caribbean small States at this meeting was important for two major reasons. Firstly, it shows the Caribbean’s engagement and commitment to safeguarding the rules-based multilateral trading system and to making the region’s voice heard in the WTO reform debate. Secondly, having small States like those in the Caribbean represented brings a small vulnerable economy perspective which is not always represented in WTO reform discussions.

    In the official press release, the participants reiterated their support for the rules-based multilateral trading system and “agree to work together with all WTO Members to strengthen the WTO, make it more effective and continue to remain relevant to the diverse needs of its Members, in line with objectives of the WTO”. Further, they agreed to consult on “various issues of common interest to developing Members, including comprehensive and effective disciplines on fisheries subsidies with appropriate and effective Special & Differential Treatment provisions for developing Members”.

    Special and Differential Treatment

    Special and differential treatment (SD&T) – the term used the describe the flexibilities, rights and privileges to which developing countries and Least Developed Countries (LDCs) are entitled under the WTO’s agreements – has become an increasingly thorny and polarised issue in the WTO. Developing countries have long criticised the effectiveness of the current S&DT provisions as many are largely best endeavour with little enforceability.

    However, this concern has arguably become overshadowed by the “eligibility” debate. That is, developed countries are increasingly disenchanted with the current eligibility model for S&DT in the WTO which is based on a Member self-designating as a developing country. As such, large emerging economies such as China and India are entitled to the same level of S&DT as small island developing States like Barbados and Fiji.

    Earlier this year, the US submitted a proposal to the WTO General Council which, if successful, would exclude four categories of countries from S&DT, including some Caribbean small States due to the classification as ‘high income’ based on their GNI per capita under the World Bank’s lending classification. This US proposal was quickly rebuffed by a consortium of developing countries in a paper noting the continued relevance of S&DT. However, the US has indicated that it is not backing down from its proposal and reintroduced it at the last WTO General Council meeting.

    It is little surprise, therefore, that the developing countries represented at the New Delhi Informal Ministerial last week strongly reiterated the continued importance of S&DT. They noted that:

    “We recall that international trade is not an end in itself but a means of contributing to certain objectives, including raising standards of living. Special and Differential Treatment is one of the main defining features of the multilateral trading system and is essential to integrating developing Members into global trade. Special and Differential Treatment provisions are rights of developing Members that must be preserved and strengthened in both current and future WTO agreements, with priority attention to outstanding LDC issues.

    They stressed the importance of technical assistance and capacity building provided to developing Members, in particular LDCs, including through the Enhanced Integrated Framework, Aid for Trade and other tools.

    They further noted that:

    The process of WTO reform must keep development at its core, promote inclusive growth, and fully take into account the interests and concerns of developing Members, including the specific challenges of graduating LDCs. The way forward must be decided through a process that is open, transparent and inclusive. We agree to work collectively with the aim to develop proposals to ensure that our common interests are reflected in the WTO reform process.

    Support for moving away from ‘consensus model’?

    Decision-making in the WTO is based primarily on consensus – that is, once no Member formally objects. This model of decision-making has been particularly favoured by developing countries because it gets them leverage they ordinarily would not have. However, it has become increasingly criticised and blamed for the deadlock in the WTO’s rule-making function as effectively any one State or group of States can block the adoption of a decision.

    It seems that there is some softening of developing countries’ stance on wholesale retention of the consensus-model. They noted that “multilateral avenues, based on consensus, remain the most effective means to achieve inclusive development-oriented outcomes. Members may need to explore different options to address the challenges of contemporary trade realities in a balanced manner.”

    They further note, however, that “in the post-MC 11 phase, many Members have evinced interest in pursuing outcomes in some areas through joint initiatives approach”, but cautioned that “the outcomes of these initiatives should be conducive to strengthening the multilateral trading system and be consistent with WTO rules”.

    Calls to action/Developing Country Priorities

    The developing countries represented took the opportunity to issue several calls to action and to outline developing country priorities, which have in some cases, been drowned out in the WTO reform debate. As such, they:

    1. Urged WTO Members to engage constructively to address the WTO Appellate Body impasse without any delay in filling the vacancies in the Appellate Body, while continuing discussions on other issues relating to the functioning of the dispute settlement mechanism. 
    2. Urged WTO Members to adopt measures that are compatible with WTO rules to avoid putting the multilateral trading system at risk. 
    3. Called for the Ministerial Conferences of the WTO to be organized in a more open, transparent and inclusive manner.
    4. Noted that WTO notification obligations must consider the capacity constraints and implementation related challenges faced by many developing Members, particularly LDCs.
    5. Called for a more cooperative and gradual approach as the best way in dealing with the issue of transparency, where many developing Members struggle to comply with their notification obligations. 
    6. Highlighted the need to provide adequate policy space to the developing Members to support their farmers through correcting the asymmetries and imbalances in the Agreement on Agriculture, on priority. This, they argued, “should be undertaken on the basis of work done and progress already made in the past, and provide further flexibilities to the LDCs and Net Food Importing Developing Countries”.
    7. Strongly noted that “it is really time that cotton receives concrete and appropriate responses it deserves.”

    Besides Barbados and Jamaica, the other countries represented were Arab Republic of Egypt, Central African Republic, Federal Republic of Nigeria, Kingdom of Saudi Arabia, Malaysia, People’s Republic of Bangladesh, People’s Republic of China, Republic of Benin, Republic of Chad, Republic of India, Republic of Indonesia, Republic of Malawi, Republic of South Africa, Republic of Uganda and Sultanate of Oman.

    The official press release may be viewed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.