Preparing for Structural Reform in the WTO

The structure and operation of the WTO have not been at theforefront of attention of negotiations ever since the GeneralAgreement on Tariffs and Trade was introduced in 1947. The modusoperandi of negotiations has essentially remained unchangeddespite the turn towards non-tariff barriers in complex operationsof treaty-making ever since the Kennedy Round. The note arguesthat the evolution and introduction of the two-tier system ofdispute settlement in 1995 marks the most profound structuralchange, but is not able on its own to deal with all of the challengesof tackling non-tariff barriers in the WTO. Today, the Organizationforms part of a complex system of multilayered governance, bothhorizontally and vertically. It calls for more appropriate structure–substancepairings. The note addresses the need to review negotiatingprocesses in the field of non-tariff barriers. It suggests establishinga proper balance with dispute settlement and case law, and renderingthe function and role of the Secretariat of the WTO more transparent.The creation of a two-tier system is suggested, with a ConsultativeCommittee and a Standing Committee on Legal Affairs within theWTO in order to support and initiate a long overdue structuraldebate in the WTO.