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Journal of International Economic Law Advance Access originally published online on October 17, 2008
Journal of International Economic Law 2008 11(4):717-749; doi:10.1093/jiel/jgn032
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© Oxford University Press 2008, all rights reserved

NGO Involvement in the WTO: A Comparative Perspective

Peter Van den Bossche*

* Professor of International Economic Law, Head of the Department of International and European Law, and Academic Director of the Institute for Globalisation and International Regulation, Maastricht University; former Counsellor and Acting Director, WTO Appellate Body Secretariat, Geneva.

Correspondence: E-mail: p.vandenbossche{at}ir.unimaas.nl.


  Abstract

This article examines the nature and the extent of the involvement of non-governmental organizations (NGOs) in the activities of the World Trade Organization (WTO). First, it looks at the arguments for and against NGO involvement in WTO activities. Next, the article discusses the legal basis for the involvement of NGOs in WTO activities and the various forms of involvement provided for. It compares the position of NGOs in the WTO with their position in other international organizations, in particular, the United Nations. Subsequently, the article explores the practice of WTO engagement with NGOs. Finally, it examines and compares the rules and procedures of the WTO and the United Nations for the selection of the NGOs with which to engage. This article concludes that a more open and engaged dialogue with civil society will make the WTO a more transparent and responsive organization, enjoying greater support among the general public in developed as well as developing country Members. Justified concerns about the legitimacy, accountability, and politics of NGOs could be eliminated, or at least mitigated, by introducing a system of accreditation in the WTO. While NGO involvement in the WTO definitely has its limits, the involvement of NGOs in other international organizations, in particular, the United Nations, suggests that these limits have not been reached as yet.


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