Topic: High Level Panel: What WTO for the XXIst Century?

1.I received my email today several days late 我今天才收到email，已经晚了好几天了。注：late不用比较级，用原形 eg: X days late

2.The WTO cannot survive without the people it serves.

Those people's survival is being increasingly threatened by global warming. The latest reports give us just 4 years to tackle the global warming problem. Current efforts to tackle global warming are little more than scratching at the surface. 比挠痒痒强不了多少。

The WTO has the key to giving us all a future. We can have the freedom to produce carbon dioxide, but this must be balanced by the fairness of paying those who clean it up. The fuel guzzling nations would pay the carbon dioxide guzzling nations. The USA would pay Brazil.

Using fossil fuels would become more expensive, so the pressure would be on to use less of these fuels; growing forests would make money, so there would be more of these forests.(压力将仍然存在,因此要节约使用现存的这些燃料)

The WTO has the key. It can recognise and include the free and fair international trade of carbon storage services in its remit.

The WTO can come of age.

A green WTO for the XXIst century.

 3.

The WTO we need for the 21 century is one that contemplates the human being. True development must be human development. (发展首先是人的发展)Trade rules must be just and true and transparent for everyone.(公平、公正、公开) In the same way, participation of all nations in negotiations must be assured. (确保各国都参与进了谈判)Participation by group of nations has some advantages as (有如下优势)the possibility of negotiating about a lot of cuestions but it also "discriminates" the poor nations because their representation isnt the same developed nations have. So, I think that taking apart the responsibility every nation has got in their own development, WTO and other international organizations have a responsibility in distribution of benefits: what is called justice.Silvia

4.

The words of Mr. Pascal Lamy regarding Humanising Globalisation are a signal of changed attitude on the part of WTO and its allied organisations. If International Trade has to be a global reality there must be a policy shift towards giving priority to Human Beings rather than dealing with member States alone.

Reducing poverty, conserving environment, etc are not incidental benefits but are the pre-requisites for the successful working of WTO, UN, etc. International Trade is not panacea for the social problems attached with respective countries. Trade is one of the components for the development but the overall development can result only if we pay attention to real and existing ground realities rather than entering into various Treaties and Conventions. If WTO has to succeed it must appreciate that sustainable social and economic development for all people is the only key. Any other approach is not only superficial but also shows an ignorance of the ground reality.

Before trade can be of some importance to the masses we must amalgamate it with social policies of a nation. The trade initiatives ignoring the social reality are useless. No purpose will be served even if we liberalise trade, permit lifting of trade barriers, etc. If trade is permitted to the detriment of environment there is no use of its facilitation. If trade is not benefiting the masses and is in fact increasing the already existing inequality of income then again it is of no use. Thus, trade must be viewed in a more pragmatic and holistic manner and not on the line of commercial expediencies alone.

Further, Individuals, as Subjects of both Public International Law and Private International Law, must be allowed to participate directly at the International platform. If direct participation of individuals is not viable I see no reason why any discussion forum should remain in existence. This approach of ours is adoption of double standards. On the one hand we wish to share our views and on the other hand we are restricting the scope of the same participation. The Governments of various nations have acquired an expertise of gross indifference towards public participation. The suggestions and views of the public are not even acknowledged much less adopted. Thus, the individuals have no choice but to keep on bearing the unsuitable policies endorsed at the International level by their representative State. This is the chief reason why International efforts in this direction fail. Some of the International Organisations that give due respect to Individuals are WIPO, UNESCO, WTO, ITC, etc. However, they still have to cover the fire path of social and economic development of Underdeveloped and Developing Countries.

If the Trade Forum is analysed in detail one will find that it is also advocating individual participation at the International level. It is no where endorsing that individuals must participate through their indifferent Governments alone. That is why it is one of the best sources of information on International Trade. But that is not the sole source of that information and even it cannot match the efforts of individual experts in that field.

The individuals are at the core of everything. The whole world is nothing but a big place for individuals. It is further categorised into sectors and territorial boundaries in the form of Nation. The status of various nations is categorised as Developed, Developing and Underdeveloped as per the standards set by UN. These standards also sufficiently point towards the special treatment of Developing and Underdeveloped Nations. This preferential treatment to these nations is a result of the understanding and acceptance of the fact that equals must be treated equally and unequals must be treated differently. We cannot compare the Developed Countries with Underdeveloped Countries (UDCs) or Developing Countries.

Now this status of developed or developing is not due to the resourcefulness or lack of resources of a country but due to the attitude of its individuals. We occasionally hear that India is a Sleeping Giant. That is true but it is not the Government that is sleeping. It is the individuals who are sleeping. This unfortunate situation is further worsened by the notion that a single person cannot make any difference. The power of one should not be underestimated. In the ultimate analysis it is a collection and collaboration of these single individuals that can make a big difference at the World level. If the Government fails the Country the individuals must not fail it.

In India we have taken a very bold and novel step in the direction of co-ordination of individuals efforts. We have constituted an ICT HELPDESK- http://legalsolutionsindia.blogspot.com/2006/05/information-and-communication.html . The ICT HELPDESK is an effort of such five individuals only. Interestingly they are the members of the same family, i.e. DALAL FAMILY. If a family can rise upto the occasion then we can very well understand the importance of a co-operated movement of public at large.

Now if the voice of individuals is not heard and incorporated into the National and International negotiations then they must and should raise the same before the International Community directly. Being Subjects of both Public International Law and Private International Law they have that right which is also inherent in the very existence of human agency. Thus, we must learn to humanise trade negotiations if we wish them to be successful globally.

It would be a good idea to start a discussion forum for every crucial matter proposed to be adopted at the International level. The views and opinions of the individuals must be catalogued and indexed properly and due weightage must be provided to them as they reflect the true picture before the International Community. It would be wrong to suggest that WTO should not consider the views expressed in this forum or others forums associated with it. It would only require some resources and this valuable and much needed exercise can be successfully completed.

The purpose of WTO is to facilitate a hassle free trade and not to integrate societies. WTO can never achieve that purpose due to its constitution and policies. In fact that is not the job of WTO at all. What WTO is already doing is a good job and expecting it to be the rescuer of World would be a wrong notion. If WTO is to perform that task it has to learn one important lesson and distinction. It has to change its attitude from SOCIAL RESPONSIBILITY TO HUMAN RESPONSIBILITY.

Warm regards

Praveen Dalal
http://www.blogger.com/profile/8339811
Managing Member
ICT HELPDESK
New Delhi, India.

Praveen Dalal  

5.

WTO DSP can be used by developing countries and decveloped countries alike to settle disputes related to trade.I hope the DSP mechanism will be made more transparent and procedural flaws will be taken care off in times to come.The most fundamental problem is access to legal assistance and effective participation of some countries who are weak economically and politically.
I hope WTO will not remain a mercantilist organization and will discuss issues objectively based on data and facts put in right perspective.Dr Somesh.K.Mathur

6.

I really appreciate the work WTO has done for these many years.(这么多年) And I really believe that a strong and well-developed WTO will certainly bring blessings and make great contribution to the world economic development and poverty reduction. I wish a bright and great future for WTO, and hope that the public forum will bring valuable inputs for the future development of the WTO. Wish the forum a successful one! Christina

7.

This globalization of trade talk through WTO is fallacy. In as much as developed countries group led by USA and some European countries are giving rough and unequal deal to developing countries.
First you have to empower markets in these countries.
secondly you must give technology and low cost finance to these countries
Thirdly these countries should not be used as experimental laboratories for hazardous technologies and products like biogenetics and medical research in name of free entry.
MNCs' record in developing countries has not been very impressive as far as their commitment to development of host country is concerned.
The pace of globalization is too fast for weaker countries.
We gotta develop some other criteria to protect agricultural produce and the labor of weak countries, their natural resources and exploitation by countries like US subsidizing their own agriculture and dairy on one hand and charging exorbitant prices for drugs and machinery and equipment on other hand.
Without world peace destroyed already in name of oil imperialism, nothing is sustainable so is case with industrial pollution and denudation of forests. Global warming is now reality.USA is biggest CO2 polluter in world. It should stop. Prof R K Gupta, xx@xx.com

8.

Thank you for organising this e-Forum. Peter  注：organising是British  English

9.

In this post we wish to discuss a controversial aspect regarding the failure of Doha Negotiations. Let us analyses the reason for the failure of Doha Negotiations beyond mere fault finding exercise by the Member Nations. We are neither Diplomat not representative Ministers of Member Countries of WTO. Thus, we are in a better position to discuss the ground realities without any hurdles or Government pressure. We are also in a position to say that a spade is a spade. We are in a position to say all this because we are individuals; the most important and powerful subjects of International Law.[1]

The Doha Development Agenda negotiations are to be suspended because gaps between key players remain too wide. Heads of delegations, speaking in an informal meeting of the Trade Negotiations Committee on 24 July 2006, agreed with WTO Director-General Pascal Lamy that this will be a setback for all members. The suspension of Doha Negotiations once again proved that words like Multilateralism and Collective wisdom are not sufficient to provide a harmonised trade environment at the global level. Mr. Lamy warned of the dangers: a possible lost opportunity to integrate more vulnerable members into international trade, the best hope for growth and poverty alleviation; a negative signal on the world economy with the possible resurgence of protectionism. If the political will really exists, there must be a way, he said. But it is not here today. And let me be clear: there are no winners and losers in this assembly. Today there are only losers. Stressing that movement has to come from the members themselves, Mr Lamy told them: The ball is clearly in your court.[2]

Firstly, the failure is attributable to all Member Nations and not WTO alone. In fact, WTO is out of picture and has no responsibility for this failure. Those who praise and protect WTO in every circumstance must now realise that WTO has limited options and a single sovereign nation can spoil the entire efforts of WTO. Perhaps, a good understanding of Public International Law and Private International Law will help them to understand our concerns more appropriately. However, none is perfect and the same applies to WTO as well. This is not because WTO do not wish to be a perfect trade negotiating and facilitation organisation but because of difference of opinions, concerns and national interests. It is next to impossible to accommodate the concerns and interests of various Member Nations. At this stage we need individuals who can declare a wrong as a wrong. This needs courage as WTO may find itself on the fire path. But that has to be done and that must be done with single agenda and common principles. The WTO must be very liberal where the social conditions of a member country require so. Similarly, it must be very stern while dealing with various violations, direct or by way of indirect calculations that have the tendency to disturb the trade balance and harmony. The same is not possible so long the negotiations and discussions are done behind closed doors and under the veil of secrecy. Let us establish a base where each individual is an indispensable asset for the enhancement of International Trade and Services.[3] One must accept that when it comes to enforceability, the International Organisations are almost powerless. Then how to enforce trade and environment friendly provisions? The simplest solution is to make the Member Countries accountable. Let me put it in the crudest form. The Sovereignty of a single Member Nation will prevail over the collective wisdom of WTO/UN. Thus, make these sovereign countries accountable.[4] The problem is that negotiations at the International level are never entered into for a Global purpose but only for regional or national purpose. In my opinion the WTO is not used as a platform for global trade facilitation but for bargaining local benefits. Thus, the major and primary work of WTO still remains a distant reality, i.e. harmonisation of conflicting interests. Till Member Countries surrender some portion of their Sovereignty nothing is going to change. Till Member Nations do not consider WTO as a true Global Trade facilitation Organisation nothing is going to change. The strength of WTO can be judged from its effectiveness and say and that is almost missing because members have limited its role to negotiator or mediator alone.

The major rescuer in that case is the political will that is missing in this case. WTO cannot do anything till the Member Countries have a will to implement its provisions in true letter and spirit. These are bold words but then they have to be spoken. For how long can we fool ourselves by adopting diplomatic and shallow attitudes? If WTO has to be a Global Trade facilitator, it must first ascertain its own weakness and should try to gain more power and say. The present WTO is a tiger without teeth for which it cannot be blamed by any standard.

Warm regards

Praveen Dalal
Managing Member
ICT HELPDESK
New Delhi, India.

Praveen Dalal. All rights reserved with the author.
* Arbitrator, Consultant and Advocate, Supreme Court of India.
Contact at: xx@xx.com/ xx@yahoo.com

 10.

'I think young people ought to be raising hell with older people about this. Most of the people making big decisions in the world today are over 50. Many are over 60.

They are taking out loans, and they are not even gong to be around when the debt comes due.

They have to lift up their eyes and see the future; either we change our ways or we are going to destroy ourselves.'   Ted Turner, said at today's opening session.

Antony Burgmans, Chairman of Unilever, however, frequently uses the words 'sustainable development', yet didn't comment once on the biggest threat of all to 'sustainable development'; climate change.  

Unless climate change is tackled 'sustainable development' is impossible. What is his company doing to tackle climate change? What solution does his company offer to tackle climate change?

He surely can't claim the mantle of 'sustainable development' without answering these questions.

11.

The role and intention of WTO cannot be anything except removal of trade barriers and trade facilitation. None can doubt that role of WTO. The larger question that has to be answered pertains to the means and manner in which this task is achieved.[1] In the absence of an appropriate mechanism we will keep on witnessing the failures like Doha Declaration.[2] This task cannot be performed satisfactorily till the following components are a part of it:

(a) Accountability,

(b) Transparency, and

(c) Impartiality.

The accountability mandate can be taken care of by fixing liability of both WTO and Member Nations for the breach of various rules and regulations of WTO. The present Dispute Settlement Body (DSB) must be conferred more powers and its procedures require an overhaul keeping in mind the contemporary requirements.[3] If Multilateralism is the aim of WTO it must openly and actively come against RTAs.[4] Both WTO and Member Nations must be held accountable for environmental degradation.[5]

The transparency obligation mandates WTO to be accountable not to Member Nations alone but to the Human Beings at large. The negotiations and discussions should not be conducted behind closed doors. Public inputs must be taken before taking any crucial decision. A stringent approach should be adopted towards bypassing methods like RTAs and other misused exceptions by WTO. The concept of MFN and National Treatment requires an overhaul in the light of systematic elimination and bypassing of Multilateralism by RTAs and other methods.[6]

The moment predominant RTAs are ignored by WTO, we cannot consider it to be impartial. The true test of impartiality can be judged only when it is tested against the mightiest one. The Member Nations have negligible resources cannot enter into RTAs with Developed nations. Thus, they are per se discriminated. While dealing with various Disputes by the DSB these factors must be considered.

The WTO is doing a good job and it only needs certain reforms that cannot see the light of the day till there is a will to achieve the same. Though WTO consists of Member Nations but all Members are not similarly situated. Their bargaining powers are also unequal. Let us hope that WTO will meet these challenges successfully.

Praveen Dalal

12.

The WTO must seriously examine its function as it enters the 21st Century. Who is the organization working for? Who are your closest allies? Whose agenda are you advancing? The staff of the WTO must also adk themselves these questions.
Then, consider the state of the globe? Honestly examine the relationship between the developed and developing countries. Think well about the space within which they are both called to perform. Consider this also, what should I ask a small country, with small population and few natural resource that has no comparative advantage? Should I hold them up to the same requirements? Can they survive if I ask them to conform to the same standards? Or should I allow them to bloom where and they are planted knowing full well that they can never measure up to those more developed. Wonder with me, what happens if all the small, poor countries decide not to borrow, not to trade and to eat only what they grow. Primitive as it sounds they might just be able to gradually depend less and less on global trade. I wonder what would happen if countries turned in instead of out? I wonder.Alpha LaFond

13. 中文论坛上的“试试能不能发”在英文论坛就是“test message”

14. gotta=have to=have got to=must 不得不

未完成，明天再弄。