Giving Legal Effect to the Results of WTO Trade Negotiations: An Analysis of the Methods of Changing WTO Law

Abstract

Trade negotiations conducted in the World Trade Organization (WTO) offer the significant benefit that their results can be made legally binding and enforceable through an effective dispute settlement system. If negotiators wish to avail of this benefit, they must follow the correct procedures to give legal effect to their work. This article critically evaluates the main methods of converting the results of WTO trade negotiations, with a particular focus on the ongoing Doha Round, into WTO law. It demonstrates that amendments to the WTO agreements are procedurally cumbersome and have significant limitations. The article therefore analyses several alternative methods including modifications to schedules, decisions of the Ministerial Conference (such as waivers, authoritative interpretations, and Other Decisions), and the incorporation of new agreements into WTO law (whether multilateral, plurilateral, or reference rules accepted through schedules). The choice between these various methods is complicated as each has advantages and disadvantages. By comparing and evaluating the available options, this article aims to assist negotiators and lawyers in making that difficult choice.