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How Should the EU and Other WTO Members React to Their WTO Governance and WTO Appellate Body Crises?

Ernst-Ulrich Petersmann, Abstract Since 2017, the United States (US) and other World Trade Organization (WTO) members violate their legal duties and democratic mandates given by national parliaments to maintain the WTO Appellate Body (AB) as legally prescribed in Article 17 of the WTO Dispute Understanding (DSU), i.e. as being ‘composed of seven persons’, with vacancies being ‘filled as they arise’. This contribution argues that none of the reasons offered by the US for its blocking of the (re)appointment of AB candidates - on grounds unrelated to the personal qualifications of the candidates - can legally justify its disruptions of the WTO legal and dispute settlement system. Also the European Union (EU) has offered no convincing justification of its failure to protect ‘strict observance of international law’ in it external relations, as required by Article 3 of the Lisbon Treaty on European Union (TEU) and by Article IX:1 WTO Agreement (‘where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting’). The 2018 ‘Concept Paper’ prepared by the EU Commission on ‘WTO modernization’ indicates no strategy for the obvious problem that the EU objective of ‘preserving and deepening the rules-based multilateral system’, including ‘more effective and transparent dispute settlement including the Appellate Body’, is inconsistent with the US strategies underlying US blocking of the AB jurisdiction by preventing the appointment of AB judges, a strategy which was previously applied by the US for blocking third-party adjudication under Chapter 20 of the North American Free Trade Agreement (NAFTA). Trade diplomats have no democratic mandate for disrupting the AB jurisdiction by illegally reducing the number of AB members to one single judge by December 2019 and, thereby, undermining the WTO legal and dispute settlement system. EU trade diplomats must exercise leadership for using the existing legal powers and duties of the WTO Ministerial Conference and General Council under Article IX:1 WTO – if necessary, based on ‘a majority of the votes cast’ - to initiate and complete the WTO selection procedures for filling AB vacancies and protect the AB as legally defined in Article 17 DSU. Article IX.2 could be used for authoritative interpretations ‘taken by a three-fourths majority of the Members’ confirming the collective duties of WTO members to fill AB vacancies in case of illegal blocking of AB nominations. WTO law foresees similar majority decisions for the appointment of the WTO Director-General; such majority decisions are necessary for preventing illegal de facto amendments of the WTO legal system, and do not set a precedent for future WTO majority voting on discretionary, political issues, which most WTO diplomats reject as a ‘nuclear option’. As suggested by European ordo-liberalism, citizens and democratic institutions must hold trade politicians democratically and legally more accountable for complying with their legislative mandates to implement and modernize, but not to destroy WTO law and dispute settlement. Keywords: Appellate Body; competition rules; governance crisis; ordo-liberalism; WTO

Graphic illustrates why the oligarchy wants to capture migration for corporations..

Globally. Thats a hidden gotcha they embedded in the WTO when it was set up. Which could easily turn out to be one of the epic mistakes of all time. This graphic which is repeated in a great many of the dozens of papers hyping TMNP is also fairly misleading, given that the ratio between wages in expensive countries like the US and poor countries like India can be 20 times or more, not the small amount pictured here. Also, they consistently try to confuse temporary movement of natural persons with actual immigration for the purpose of permanent migration (traditional immigration) which most Americans have a favorable opinion of. But the two are totally different. One is freedom, the other is often compared to modern slavery.

The economics of populism by Dani Rodrik

(Video, quite good) "When it comes to free trade, democracy, and national sovereignty, you have to pick two and abandon one, so Dani Rodrik emphasizes. Herein lies the trilemma, which is related to a particular kind of globalization that we have been striving for since the 1980s, and which Rodrik calls hyperglobalization. It is an attempt to get rid of all the transactional costs associated with the national borders. This conception of globalization – which has been taken to its most extreme form in the Eurozone – runs into severe problems in practice, he argues. The trilemma manifests itself in all globalized sectors, such as trade, finance, and migration."

Interpreting the General Agreement on Trade in Services and the WTO Instruments Relevant to the International Trade of Financial Services: The Lawyer's Perspective

25 N.C. J. Int'l L. & Com. Reg.1 (1999). by J. S. Jarreau, This is a very good essay on the GATS financial services provisions, especially their history and where they sit in the general GATS and WTO millieu. These additions to the GATS are of extreme relevance to anybody hoping to bring about any of the changes which US progressives want, which unfortunately have been locked down by the GATS, without the nation's ever having been informed. So if you are interested in those areas, "single pauer" (a tierless, national universal healthcare system, which is really the only way to gain sustainable universal healthcare within the GATS, - This requires we withdraw/modify relevant commitments via Article XXI) Also, banking, expansion of student loans, and loan forgiveness, free college, etc. Many things conflict with the new constraints GATS created.

Liberalisation Of Trade in Services Corporate Power at Work (GATSWatch/TNI/CEO)

The United Kingdom is home to a particularly influential services industry lobby, which operates through an organisation called International Financial Services, London (IFSL). Two IFSL working groups, the Liberalisation of Trade in Services (LOTIS) Committee and the High-Level LOTIS Group, constitute a veritable corporate-state alliance.

Liberalisation of Financial Services - by Stephen Woolcock

"Negotiations on a permanent agreement on financial services in the GATS are scheduled to be completed by mid December 1997. The prospects of success this year are better than in previous attempts in 1993 and 1995, but there is still much to do in a short time and still much work to be done. The current negotiations are shaped by compromises made during the Uruguay Round negotiations in order to get both developing country and US support for the approach adopted in the GATS. These compromises mean that there is no internal, liberalising dynamic in the negotiations. For the negotiations to succeed it is therefore necessary for all the key participants, which in the case of financial services effectively means some 30 WTO Members, to show the political will needed. "

The Genesis of the GATS (GATS' beginnings, through one set of eyes)

"The Uruguay Round services negotiations saw the light of day amidst pressures from lobbies in developed countries, unilateral retaliatory actions, and ideological struggle in the developing world. The final outcome, the GATS, certainly characterized by a complex structure and awkward drafting here and there, is not optimal but is an important first step towards the liberalization of trade in services. This article traces the GATS negotiating history, from its very beginning in the late 1970s, paying particular attention to the main forces that brought the services dossier to the multilateral trading system (governments, industries, and academics), and the interaction between developed and developing countries before and during the Uruguay Round. We will follow the actions, positions, and negotiating stances of four trading partners – Brazil, the European Union, India, and the United States – that were key in the development of the GATS. Finally, we will, indicatively at least, try to attribute a ‘paternity’ (or, rather, a ‘maternity’) to some key features and provisions of the agreement."

The Selling of "Clinton Lite"

It should be noted that the (WTO) GATS negotiations - part of the Uruguay Round, which "made services tradable", and *took them off the table as something domestic regulations are supposed to be able to change*, (in order to give international investors 'certainty'), had been going on for several years and were wrapped up by 1994. That's a VERY important, easy to verify, fact that most Americans (and Britons it seems as well) have trouble digesting. Also note: There is a companion article to this one, "A Cautionary Tale for David Brooks and Others: What, really, was Jim Cooper’s ‘Clinton Lite?’" URL:https://archives.cjr.org/campaign_desk/a_cautionary_tale_for_david_br.php - Also interesting is an article What's The Matter With NAFTA by Elaine Bernard Harvard School of Law. , especially the portion (also entitled "A Cautionary Tale") starting at the bottom of page 8 Also use Archive.org URL: https://web.archive.org/web/20150611163515/http://www.law.harvard.edu/programs/lwp/nafta.pdf

A Cautionary Tale for David Brooks and Others What, really, was Jim Cooper’s ‘Clinton Lite?’

It should be noted that the GATS negotiations - part of the Uruguay Round, which "made services tradable", and took them off the table as something domestic regulations are supposed to be able to change, were wrapping up at the same time this was all going on. Making it qualify as something other than a "debate" over future policy. Instead, its more of a simulacrum. This is still the case today, one should understand. Still, its all worth reading. Note: There is a companion article to this one, which can be found at (Use archive.org) https://web.archive.org/web/20080607133503/http://backissues.cjrarchives.org/year/94/2/clinton.asp

WTO/GATS and the Global Politics of Higher Education

By Antoni Verger - This is one of the best full sized books I have read on the GATS and its implications for education. If you are an educator or are concerned about the global push for privatization of education under the GATS and the various debates informing it, this book is really quite informative.. See also https://www.google.com/search?hl=en&as_q=&as_epq=WTO%2FGATS+and+the+Global+Politics+of+Higher+Education