wto rights & obligations: africa’s strategic application of the golden rule dcrosby@whitecase

One law firm around the world One law firm around the world One law firm around the world One law firm around the world

WTO Rights & Obligations:

Africa’s Strategic Application of

the GOLDEN RULE

dcrosby@whitecase.com

Mombasa

2 November 2006

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WTO Rights and Obligations – OUTLINE

Evolution and Codification of International Law

Significance of Ultimate Sources of Law Moral Legal Economic Development

Strategic Application of Background Negotiations Enforcement

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Evolution and Codification

How do international rules of engagement evolve?

How are international rules codified?

Do rules-based results reflect origins? Treaties International undertakings

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Foundation of Human Interaction

The GOLDEN RULE

Do unto others as you would have them

do unto you

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The GOLDEN RULE – Int’l Law

Application in treaties

Diplomatic relations

International trade

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The GOLDEN RULE – Int’l Law

Evolution of practice

Codification under International Law

Application in Trade Relations

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The GOLDEN RULE at the WTO

Application in the Multilateral Trade System

Codification Rules

National Treatment MFN

Commitments Significance Practical Application

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An American Perspective

Norman Rockwell, 1894-1978

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Triple Self-Portrait - 1960

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Freedom from Want - 1943

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The Problem We All Live With - 1964

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The GOLDEN RULE - 1961

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African Perspective

One going to take a pointed stick to pinch a baby bird should first try it on himself to feel how it hurts.

- Yoruba Proverb (Nigeria)

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Significance / Strategic Relevance

Moral

Legal

Economic Development

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Moral Significance

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Legal Significance

Codification in rules

Basis for complaint

Enforcement

= Objectives

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Economic Significance

Basis for system to create economic opportunity and development (Theory vs. reality)

Guides economic policy decisions by Members

ONLY IF OBLIGATIONS ARE RESPECTED AND RIGHTS ARE ENFORCED

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Economics - U.S. Executive Policy

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Economics - U.S. Legislative Policy

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Economics - U.S. Trade Policy

“Just as we must abide by our international commitments so must [other governments], even if doing so is politically difficult. To do otherwise simply violates the golden rule – do unto others as you would have them do unto you.”

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Economics – More U.S. Trade Policy

“…we will work to make sure that we practice what we preach – that we too follow the golden rule – that we do unto other nations as we would have them do unto us.”

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Strategic Application by Africa

Golden Rule Rights

Golden Rule Obligations

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Considerations

Refining the Golden Rule Contractual flexibility and renegotiation

Fools’ Golden Rule Ideals and practicality

The Problem We All Live With - Do we live by and enforce codified ideals?

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WTO Ideal ---

…raising the standards of living, ensuring full

employment and a steadily growing volume of

real income and effective demand, and

expanding the production of trade in goods and

services, while allowing for the optimal use of

the world's resources in accordance with the

objective of sustainable development…"

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WTO Practice ---

Strategic relevance of the GOLDEN RULE in the context of WTO rights and obligations.

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WTO Practice ---

For Africa, living by practical ideals at the WTO means GOLDEN RULE Enforcement, and Negotiation.

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THANK YOU

One law firm around the world One law firm around the world One law firm around the world One law firm around the world

WTO Rights & Obligations:

Africa’s Strategic Application of

the GOLDEN RULE

dcrosby@whitecase.com

Mombasa

2 November 2006