Volume 8 Number 34 13 Octoberber 2004

RACE HEATS UP FOR WTO DIRECTOR-GENERAL CANDIDATES

As the race begins to heat up for the position of WTO Director-General, three developing country candidates began informal campaigns while the only developed-country contender withdrew from the race. Canada's former trade minister and WTO ambassador Sergio Marchi indicated on 10 October that he is no longer interested in being a candidate to replace Supachai Panitchpakdi as a result of "personal, family, and professional considerations". Uruguay's former Ambassador to the WTO Carlos Perez del Castillo indicated last June that he was interested in the position, and the Uruguayan government has indicated that it will nominate the former chair of the WTO's General Council. Perez del Castillo played a key role in the Geneva preparations for the WTO's Cancun Ministerial Conference and in efforts to put the Doha Round back on track following the Cancun setback last June. However, on 4 October Brazil began quietly testing the waters on a possible bid on behalf of Luiz Felipe de Seixas Correa. Seixas Correa is currently Brazil's ambassador to the WTO and has earned a high profile in his capacity as unofficial spokesman of the Group of 20 developing countries. Although not yet officially announced, trade minister of Mauritius Jayakrishna Cuttaree is also expected to declare his candidacy soon (see BRIDGES Weekly, 29 September 2004). In addition, informal talks have already taken place among African countries on the possibility of a single joint candidate from the continent such as Cuttaree or Ghanain Alan Kyerematen. On a more speculative front, Shotaro Oshima, Japan's WTO ambassador, WTO Agriculture Chairman Tim Groser of New Zealand and Pascal Lamy, the outgoing EU Trade Commissioner, have also been mentioned by Geneva trade diplomats.

In December 2002, following divisive debates regarding the choice of the Director-General, WTO Members agreed on a procedure to replace Director-General Supachai Panitchpakdi when his three-year term ends on 1 September 2005. Nominations will be accepted from Members in December and the chair of the General Council, along with the other permanent chairs, will hold consultations between February and May 2005 regarding the candidates. The successor is scheduled to be selected by the end of May 2005, enabling a smooth transition for the new Director-General in early September, well in advance of the December 2005 Ministerial Conference in Hong Kong.

ICTSD Reporting; "Race for Next WTO Chief Heats Up As Various Officials Ponder Candidacy," WTO REPORTER, 8 October 2004; "Perez del Castillo Maintains WTO Candidacy Despite Nomination of Ambassador by Brazil," WTO REPORTER, 12 October 2004; "Canada's Marchi Withdraws From WTO Leadership Race," WTO REPORTER, 13 October 2004.


CAMBODIA JOINS WTO

Cambodia was formally admitted to the World Trade Organization on 13 October, becoming the 148th Member and the 32nd least-developed country in the organisation. Although the membership agreement was approved in Cancun on 11 September 2003, Cambodia told the General Council on 11 February 2004 that its ratification was held up because of delays in setting up a new government. The Cambodian Parliament finally ratified the deal in September 2004, and following standard practice Cambodia became a Member one month after it informed the WTO. Cambodia applied to join the WTO in December 1994. Cambodian authorities hope that accession will allow the country to attract new investment.

"Cambodia raises WTO Membership to 148," WTO, 13 October 2004; "Cambodia Joins WTO," ABC RADIO AUSTRALIA NEWS, 13 October 2004.


US, ANTIGUA IN TALKS TO END GAMBLING DISPUTE

On 7 October, the US and Antigua and Barbuda notified the WTO of ongoing talks to resolve a dispute relating to certain US measures affecting the cross-border supply of gambling and betting services from foreign operators into the US market (See BRIDGES Weekly, 3 July 2003). The notification, which also requested the panel hearing the dispute to suspend its proceedings until 15 November, is the third such disruption to the formal course of the case by the parties. As a result, the public release of the final panel report, which had been scheduled for 8 October 2004, has been put on hold. In the panel report, issued exclusively to the parties on a confidential basis in April 2003, the panel is reported to have upheld Antigua's challenge that US measures that prohibited gambling and betting services offered by foreign operators violated WTO agreements and were hurting the island state's internet gambling industry -- a source of employment and government revenue.

ICTSD reporting; "U.S., Antigua Announce Further Delay in WTO Decision on Internet Gambling," WTO reporter, 8 October 2004.


AMENDMENTS TO WTO APPELLATE PROCEDURES FINALISED

On 7 October, the Chairman of the WTO Appellate Body notified the Dispute Settlement Body (DSB) of its intention to adopt a set of amendments to the procedural rules governing WTO appeals (the Working Procedures for Appellate Review). The amendments, which will enter into effect for appeals initiated after 1 January 2005, were first presented to the DSB for comments on 8 April 2004 (see BRIDGES Weekly, 2 June 2004). The new rules (WT/AB/WP/W/9 available at http://docsonline.wto.org) outline clearer elements required in a 'Notice of Appeal,' allow for its subsequent amendment and introduces a 'Notice of Other Appeal' into the appellate process where a party to the dispute other than the original appellant wants to join in that appeal. Minor changes have also been made to the timeframe for the oral hearing during the appeal process: the oral hearing will now be held between 35 and 45 days following the filing of the Notice of Appeal. Under the old rules, the oral hearing took place 30 days after the filing of the Notice of Appeal. The Appellate Body, however, decided not to pursue a proposed modification regarding the calculation of the current time frame for appeals in light of comments made by WTO Members.

Finally, the Appellate Body introduces as a new Annex III to the Working Procedures, a "Table of Consolidated and Revised Versions of the Working Procedures for Appellate Review". This table, according to the Appellate Body "should provide a useful resource for Members wishing to track previous amendments to the Working Procedures as well as contemporaneous discussions of such amendments." Other changes include a new numbering system relating to the Working Procedures themselves.

ICTSD reporting.


 

                                                                                                               
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