The Consensus Principle of the World Trade Organization and the Interests of Developing Countries: A Legal Evaluation

Abstract

The article examines the process of decision-making in the WTO. This consideration was provoked by the attribution of the Doha Round Negotiation impasse to the way the WTO makes decision in addition with the spate of criticism against the WTO and the multilateral Trade Regime. The article attempts to answer the question whether the problem with Doha Round Negotiations lies in the way and manner the multilateral decision is made. The alternatives proposed by scholars to replace consensus and the principle of Single Undertaking were considered. The adoption of any of the alternative may not be the lasting solution to the problem of the WTO. A change of decision making process of the WTO particularly a replacement of consensus rule and the principle of single undertaking is not an antidote to the problem of WTO. The emerging issue in the multilateral trade is that of development particularly in the developing and least developed countries. Economic growth of multilateral trade may not mean the same thing as development but how the negative impacts of global trade could be cushioned is the challenge that could bring lasting solution to the problem of the organization.

Keywords: International Law, WTO, Multilateral Trade, Consensus Principle

 

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