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Journal of International Economic Law 2004 7(3):705-716; doi:10.1093/jiel/7.3.705
© 2004 by Oxford University Press
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IMPROVING THE CAPACITY OF WTO INSTITUTIONS TO FULFIL THEIR MANDATE

Richard Blackhurst1 and David Hartridge2

1 Professor of Economics, Graduate Institute for International Studies, Geneva 2 Senior Director of White and Case LLP, Geneva; former director in the WTO

The first part of the paper briefly reviews the increasingly serious shortcomings of the WTO’s ‘Green room process’, and then proceeds to develop the case for creating a formal ‘WTO Consultative Board’. As with green room meetings, a WTO Consultative Board would not be empowered to take decisions that bind the general membership. It would consult, discuss, debate, and negotiate, but its output would be limited to recommendations put forward to the entire membership for approval/acceptance. The second part of the paper deals mainly with practicalities and previous experience. There is a long history of tension between formal and informal processes of consultation and negotiation in the GATT and the WTO, which throws useful light on the issues raised in the first part. That history is presented with reference to the Green Room and the Consultative Group of Eighteen.


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