inicio | contacto | buscador | imprimir   
 
· Presentación
· Trayectoria
· Artículos y notas
· Newsletter (español)
· Newsletter (english)
· Radar Internacional
· Tesis de posgrado
· Programas de clase
· Sitios recomendados

Publicaciones
· Las crisis en el multilateralismo y en los acuerdos regionales
· Argentina y Brasil en
el sistema de relaciones internacionales
· Momentos y Perspectivas


  Félix Peña

INTERNATIONAL TRADE RELATIONS NEWSLETTER
2024 | 2023 | 2022 | 2021 | 2020 | 2020 | 2019 | 2018
2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009
DISPUTE SETTLEMENT IN THE WTO: RESTORING ITS APPEAL MECHANISMS

por Félix Peña
March 2024


 

The Appellate Body in the World Trade Organisation's dispute settlement system is no longer functioning. At the last Ministerial Conference, held in Abu Dhabi on March 2, the issue came back on the agenda for resolution in 2024.

This is an issue that remains relevant for the institutional effectiveness of the WTO. It is one of the main challenges that Argentina and its Mercosur partners will have to face. If this challenge is not successfully addressed, it will be difficult to restore the necessary effectiveness of the global dispute settlement system.

Such a challenge requires cooperation between the sectors that affect the country's international trade relations, in particular the government sector (including, in a federal country like ours, the respective local governments), the economic and social sector (including the institutions that reflect the views and interests of business and labor), and the sector of action-oriented thinking (including academic institutions and, above all, those in social life that influence international competition from the country's perspective, such as the media).


At present, it is possible to identify at least three challenges that have an impact on the effectiveness of Argentina's participation in international trade. They are related to the definition of a consensual and sustainable strategy for the international integration of the country in the world and in its own region.
One of the challenges relates to the country's own governance conditions. Following last year's national elections this has become more evident, especially in terms of their impact on the strategies and policies that affect the functioning of the country's economy and its international relations.

The other challenge has to do with the quality of the necessary diagnosis that the country must have of the conditions that affect the competitiveness of the goods and services with which it seeks to compete in the rest of the world. It is a diagnosis that needs to be updated frequently in order to maintain its adaptability to the changes, especially technological, that tend to be continuous, including those that have an impact on the conditions for accessing and competing with goods and services in other countries.

The third challenge relates to the country's capacity and vocation to develop a long-term vision for its integration into the world and each of its regions. This would demand a strategic approach, shared by broad sectors of society, to the country's insertion at the global level, with particular emphasis on the South American region and on each of the regions with greater current and future relevance in the international competition for markets and resources.

Such challenges require cooperation between the sectors that affect the country's international trade relations, especially the government (including, in a federal country like Argentina, the respective local governments), the economic and social sectors (including institutions that reflect the views and interests of business and labor), and action-oriented thinking (including academic institutions and those that influence society's view of international competition in the country's perspective, especially the media).

In our monthly newsletter last June, we indicated that. in the coming months. we would place emphasis on the country's approach to these three challenges and their effects on the country's international integration strategy, including those that may become evident at a later date.

On this occasion, we will address one of the relevant issues for Argentina's strategy of insertion into the global international trade system, namely the current degree of ineffectiveness of the World Trade Organisation's (WTO) dispute settlement body.

The 13th WTO Ministerial Conference (MC13) concluded on March 2 in Abu Dhabi (United Arab Emirates). It began on February 26 and was due to end on February 29, but had to be extended by two days. The 163 member countries, with a total of 4,000 senior officials in attendance, discussed an agenda of issues relevant to international trade. (Documentation and information on MC13 can be found on the WTO website, which contains references to several sources of information on the background to the conference, including the issue of the dispute settlement system and, in particular, developments following the crisis that arose in 2018, when the renewal of new members of the Appellate Body was stalled).
The WC13 Ministerial Declaration set out a forward-looking reform agenda for the WTO. It includes a renewed commitment to achieve a fully operational and "properly functioning dispute settlement system by this year" (see the text of the Final Declaration of the Abu Dhabi Conference).

The text, issued in English at the conclusion of the Conference reads:

"The Ministerial Conference decides as follows: - Recalling our commitment made at our Twelfth Session to conduct discussions with the view to having a fully and well-functioning dispute settlement system accessible to all Members by 2024, we take note of the works done thus far. - We recognize the progress made through this work as a valuable contribution to fulfilling our commitment. We welcome all submissions from Members that help advance our work. - We instruct officials to accelerate discussions in an inclusive and transparent manner, build on the progress already made, and work on unresolved issues, including issues regarding appeal/review and accessibility to achieve the objective by 2024 as we set forth at MC12."

Analyzing and debating the ideas to be included in the proposed initiatives should therefore be a priority for academic activity in our country.


Recommended reading:


  • Barfield, Claude, "The twilight of US trade leadership", East Asia Forum, February 8, 2024, www.eastasiaforum.org.
  • Crochet, Victor; Zhou, Weihuan, "Fixing fragmentation in the settlement of international trade disputes", East Asia Forum, February 24, 2024, www.eastasiaforum.org.
  • Heydon, Ken, "WTO Ministerial trading in low expectations and high stakes", East Asia Forum, February 25, 2024, www.eastasiaforum.org.
  • Li.Xirui, "ASEAN's trade-off between economic nationalism and development", East Asia Forum, February 24, 2024, www.eastasiaforum.org.
  • Mavroidis, Petros C., "The WTO Dispute Settlement System: How, Why and Where", Edwar Elgar Publishing, 2023.
  • Peña, Félix, "Los mega-acuerdos simplifican pero también complican al comercio internacional", Article in the Foreign Trade Supplement of newspaper "La Nación", February 29, 2024.
  • Wolff, Allan Wm., "Revitalizing the World Trade System", Cambridge University Press 2023.

Félix Peña es Director del Instituto de Comercio Internacional de la Fundación ICBC; Director de la Maestría en Relaciones Comerciales Internacionales de la Universidad Nacional de Tres de Febrero (UNTREF); Miembro del Comité Ejecutivo del Consejo Argentino para las Relaciones Internacionales (CARI). Miembro del Brains Trust del Evian Group. Ampliar trayectoria.

http://www.felixpena.com.ar | info@felixpena.com.ar


Suscríbase al newsletter para recibir mensualmente un email con
los últimos artículos publicados en este sitio.


 

Regresar a la página anterior | Top de la página | Imprimir artículo

 
Diseño y producción: Rodrigo Silvosa