Author: Kennedy, Matthew

Source: Journal of International Economic Law, Volume 14, Number 1, 15 March 2011 , pp. 77-120(44)

Publisher: Oxford University Press

Abstract:

The World Trade Organization (WTO) Agreement was accepted as a single undertaking and the Doha Round is also treated as a single undertaking. That does not imply that any eventual results of the current negotiations can be seamlessly integrated into the existing WTO agreements all at the same time and for all Members at the same time. The procedures used to implement the results of the Uruguay Round will not necessarily be available within the constraints of the WTOs institutional structure. Conversely, the procedures that are available within the WTO framework were not designed for the purpose of implementing the results of a comprehensive round of trade negotiations and preserving an overall balance of concessions embodied in multiple legal forms. This means that implementation will alter the multilateral nature of the WTO as it presently stands. WTO Members may yet be at liberty to revert to earlier approaches to implementation which are better adapted to the logic underlying the single undertaking approach. This paper reviews the potential form of the results of the Round as it emerges from draft modalities and texts, analyses the challenges ahead and suggests possible ways forward.

Document Type: Research article

DOI: http://dx.doi.org/10.1093/jiel/jgr001

Publication date: 2011-03-15

More about this publication?

• The Journal of International Economic Law is dedicated to encouraging thoughtful and scholarly attention to a very broad range of subjects that concern the relation of law to international economic activity, by providing the major English language medium for publication of high-quality manuscripts relevant to the endeavours of scholars, government officials, legal professionals and others. The emphasis will be on fundamental, long-term, systemic problems and possible solutions, in the light of empirical observations and experience, as well as theoretical and multi-disciplinary approaches. It is expected, therefore, that the journal's contents will potentially influence real events and provide important critiques of policies, negotiations, or court and tribunal cases. In this manner the journal should contribute modestly to promoting peace, world welfare and enhancement of the quality of life for all peoples.

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