Transparency and accountability in WTO decision-making procedures: a developing country perspective

[摘要] English:From the time of its inception after the Bretton Woods conference in 1944, themultilateral trading system now administered by the WTO has been the subject ofmuch controversy and uncertainty, and this has included the way in which participantstake decisions. This thesis notes that the problem started with how the WTO'spredecessor, the GATT, assumed the role of being the primary global trade regulatingbody, which was essentially accidental. The GATT was abruptly made to take overthe responsibilities initially intended for another institution, the ITO, after the latterfailed to come into being as planned. The impromptu manner in which the GATT wasthrust into a role it was not designed for inevitably resulted in deficiencies in its abilityto carry out its functions. These deficiencies included those found in the GATTdecision-making process.This thesis observes that the GATT decision-making process evolved during a periodwhen participants in the multilateral trading system were almost entirely developedcountries from the West, and when most developing countries were still undercolonial rule. This resulted in the process paying hardly any attention to the concernsand interests of developing countries. At the same time, the process was lacking inboth transparency and accountability, thus making the situation even more difficult fordeveloping countries.The thesis argues that although one of the main reasons cited for the creation of theWTO in 1994 was to correct the deficiencies found in the GATT, in reality the WTOinherited many of these deficiencies. Among these are aspects of the GATT decisionmakingprocess that many developing countries deemed to be prejudicial to theirinterests. Examples include the continued use of the green room meetings in whichthe majority of important decisions are taken in the absence of most developingcountries, as well as the superficial responses to calls to deal with obstacles toeffective participation of developing countries in the dispute settlement mechanism.Against this background of an institution that inherited the flaws of the GATT, ananalysis of the WTO and the circumstances in which it finds itself today is made. Particular attention is given to the procedures for decision-making during the day-todayoperations of the WTO and in the dispute resolution mechanism. The thesisargues that the WTO's failure to deal decisively and effectively with the concerns ofthe majority of its members in the years that it has been in existence has served tofurther fuel their frustrations. This failure also risks the organisation becomingredundant due to members leaving it en masse as they become disillusioned about itsability to serve their interests. The thesis notes that already, the WTO is facing aserious threat to its survival, as demonstrated by the recent spate of disruptionsduring its meetings.At the same time, attention is drawn to the failures of developing countries and whatthey need to do to improve their situation in the WTO. Furthermore, throughout thethesis special attention is given to how the problems of developing countrieshighlighted above have impacted on South Africa, and its responses to them.A comparison is also drawn between the decision-making process of the WTO andthose of other international organisations, in order to determine what lessons thelatter can learn from these other institutions. The emphasis is not only placed on thespecific methods of decision-making adopted by the various institutions, but also onthe flexible manner in which some of the institutions implement the various methods,in order to ensure that ultimately, all their members have a say and are fairlyrepresented in decision-making.Lastly, some recommendations for the way forward are made.

[发布机构] University of the Free State