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GATS:
BUSINESS AS USUAL DESPITE CANCUN FAILURE
Unlike in other WTO bodies -- such as the Committee on Agriculture,
where negotiations are currently suspended -- Members have been meeting
from 29 September to 6 October in sessions of the Council for Trade
in Services (CTS) as well as its subsidiary bodies. Not much movement
has, however, been seen in Members' positions or on the issues since
the fifth WTO Ministerial in Cancun in mid-September.
It took several
Members by surprise that the meetings of the CTS were held and "business
as usual" prevailed even after the collapse of negotiation
in Cancun. Dramatising the situation, one developing country trade
diplomat even stated that "after a nuclear war one thing survives:
cockroaches, now its the GATS". However, how the CTS actually
will proceeds remains to be decided. According to trade sources,
Members felt that they should follow the pace of the other committees.
Yet there was no consensus or certainty on the issue. Due to the
nature of the request-offer mode of the services negotiations, the
CTS could theoretically move ahead. However, Members need to take
into account the Doha round negotiations, which are understood to
be a single undertaking.
A special (negotiating)
session of the CTS was held on 6 October. During the meeting, a
proposal on mode 4 (movement of natural persons) prepared by India
(TN/S/W/14, available at http://docsonline.wto.org/gen_search.asp)
and thirteen other developing countries, including Argentina, China
and South Africa submitted in May was discussed. The paper was also
the subject discussions in the Working Party on Domestic Regulation
a week earlier. According to the group of developing countries,
the commitments of Members in mode 4 are primarily horizontal and
bound for only a small subset of personnel. The paper proposed four
categories of individuals under mode 4, however "the objective
[of the paper] is not to achieve perfect harmonisation of categories
in the domestic regimes of all Members, but use of certain common
categories of interest to all Members".
Even though
many of the subsidiaries of the CTS are lagging behind, there was
some progress in the Working Party on GATS Rules (WPGR) with respect
to subsidies. The WPGR decided that the WTO Secretariat would, by
the next meeting, compile information on subsidies employed by Members.
The data would be collected from neutral sources including the World
Bank, UNCTAD as well as information from the Trade Policy Reviews.
There were no advances on either the issue of emergency safeguard
measures (ESM) or Government Procurement.
On 9 October
the Council on Trade in Services will resume meetings. Members are
set to discuss, inter alia, how the CTS will proceed.
ICTSD Reporting.
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