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The World Trade Organisation Has the Worst Reputation”.

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Preparing For Structural Reform in the WTO
Thomas Cottier
World Trade Institute, Berne
September 26, 2006
I. Structure-Substance Pairing
Negotiations at the WTO are mainly driven by domestic constituencies and governments. They define outcomes. The structure of the organisation is instrumental to this goal, and does not in itself decide on outcomes. Nevertheless, the structure and operation of the WTO is not without impact. The ways by which decisions are prepared and made do affect outcomes and results. This is common to all law, domestic and international law. Process and substance are inextricably intertwined. We call this substance-structure pairing. Effective global governance requires open attitudes towards multilateralism, shared perceptions on objectives, but also clear structures on all layers of government, local, national, regional and global. It is equally true for the WTO.
While international trade regulation is almost exclusively treaty-based, the process in the WTO often deviates from written rules and is mainly shaped by custom and diplomatic practices developed under GATT 1947. Except for dispute settlement, it is not clearly framed in institutional terms. Difficulties to achieve agreement and to make progress among the currently 149 Members of the WTO are partly due to these practices. Except for the General Council and the Ministerial Conference, no body is mandated and authorised to address procedural issues in a comprehensive manner, coming forward with new ideas and informed proposals.
The WTO was established as an international organisation in 1995. An umbrella agreement was added and the role of the Director-General (DG) and Secretariat defined. The main structural change was undertaken in dispute settlement. The principle of consensus-minus-one (or reversed consensus) was realised in this branch of the organisation. Other than that,

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