Les tâches de l'OMC :
SUMMARY THE TASKS OF WTO : DEVELOPMENT AND CHALLENGES As of today the rules developed within the World Trade Organisation (WTO) are no longer limited to market access, undistorted competition and coordination of domestic trade policies. More and more WTO law affects the internal politics of memb...
保存先:
| 第一著者: | |
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| フォーマット: | Article ou chapitre numérique |
| 言語: | Français |
| 出版事項: |
2004
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| オンライン･アクセス: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| 要約: | SUMMARY THE TASKS OF WTO : DEVELOPMENT AND
CHALLENGES
As of today the rules developed within the World Trade Organisation (WTO) are no
longer limited to market access, undistorted competition and coordination of domestic
trade policies. More and more WTO law affects the internal politics of members in a wide
array of areas formerly typically considered as purely of domestic relevance. This leads
to a new challenge for the WTO : It must take into account non-economic values (such
as environmental protection, social issues or fair competition) without allowing them to
unduly reduce the important achievements in the traditional areas of GATT and WTO
negotiations of the last almost sixty years.
This essay looks at the traditional functions or activities of the WTO as an organisation :
negotiations, dispute settlement and outreach. With regard to the traditional model of
GATT/WTO negotiations (negotiating rounds, consensus) it is argued that this model
does not longer suffice in view of the new issues and the complexity of the social problems
touched upon. This should, among other things, also lead to the creation of a judicial
committee which could finally tackle systemic issues in a more coherent way than this has
been possible so far.
The dispute settlement of the WTO is one of the areas most discussed in the years after
the coming into effect of the Marrakesh Agreement. Here issues like the (partial)
professionalisation of the dispute settlement panels and their secretariat, a strengthening
of the legal service within the WTO towards the establishment of a true WTO legal
adviser, interim measures and monetary sanctions could improve the current system and
help to overcome some of the current criticism. Also in this area a legal committee and
possibly an advisory body with representatives from academia could be very helpful.
With regard to outreach it is recommended that the WTO works more through regional
offices, like other international institutions. Local presence and a better understanding
of local problems would increase the credibility of the organisation and its acceptance
by constituencies worldwide. This could also be achieved by creating a net of partner
universities and academic institutions involved in teaching and research regarding world
trade. |
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