The aim of these consultations is to assess current proposals on horizontal disciplines on domestic regulation in the context of new research and discussion. The consultations are addressed to selected delegates in charge of services in the context of the Doha Round as well as representatives from civil society Inter-Governmental Organisations and academics.

While the Working Party on Domestic regulation (WPDR) has been working since the late 1990s on the development of horizontal disciplines on domestic regulation, few practical results have been achieved so far. In recent years, the EU, Japan, and various developing countries have put forward proposals on horizontal disciplines on domestic regulation. These proposals have addressed to a limited extent the mandate of Article VI: 4 of the GATS, including licensing requirements and procedures, qualifications requirements and procedures, and technical standards. Issues discussed include definitions, transparency rules, facilitation and due process features, and the development of disciplines to ensure that regulations do not become unnecessary barriers to trade. Only a handful of the proposals have directly addressed issues such as regulations applicable to mode 4 and special and differential treatment for developing countries. There is therefore a need to give these issues particular attention.

Sound WTO disciplines on domestic regulation are widely seen as a promoter of key trade and sustainable development objectives. In an attempt to stimulate the current debate, ICTSD has asked independent services expert Julian Arkell to prepare a research paper to review and assess the potential impact of proposals currently on the table, as well as to identify common features and differences. The research will also identify missing elements in the development of disciplines on domestic regulation, recognition of which could help strike an appropriate balance between facilitating the pursuit of public policy objectives and ensuring that domestic regulation does not constitute a barrier to trade. Special emphasis will be placed on the applicability of horizontal disciplines for mode four and the incorporation of S&D treatment.

ICTSD would also take the opportunity of these consultations to present the second phase of its Trade in Services and Sustainable Development Programme. This will, among other things, discuss and clarify key sustainable development issues and prospects as they apply to the international agenda on trade in services; enhance understanding of the options for implementing public policy objectives; assess the impacts and potential benefits of the GATS Agreement on sustainable development; and assist in the identification of issues of interest of developing countries in the request and offer phase. The second part of the meeting would seek to identify relevant issues for research, dialogue and discussion under the second phase of the Trade in Services and Sustainable Development Programme. While the programme has prepared a list of tentative issues to be addressed, the consultations will help ICTSD better target its activities and ensure that they are useful for all relevant stakeholders.

Agenda