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The WTO and Safe Trade

Bhopal, India: Handpump identified as unfit for drinking purposes, but people have to continue to use it. © Greenpeace

Greenpeace recommendations to the World Trade Organisation

Two years after Seattle, the 142 member governments of the World Trade Organisation (WTO) have convened another ministerial conference in Qatar where consideration will be given to a proposal by the G8 and EU countries to launch a new round of trade negotiations.

Greenpeace International continues to be concerned that some governments are pushing for further trade liberalisation and for an expansion of the WTO's mandate, while ignoring the environmental and social shortcomings of a deregulated global economy, thereby frustrating rather than promoting sustainable development.

The WTO's own charter provides for "the optimal use of the world's resources in accordance with the objective of sustainable development".

Yet the WTO continues to operate according to an outdated economic model based on the narrow pursuit of trade liberalisation as an end in itself. WTO decisions and policies rarely take account of the broader goals of social welfare that trade is, in fact, supposed to promote. Without a social framework to guide economic activity, trade will increasingly lead the world away from sustainable development. As a result, international trade can lead to further abuse on the environment and natural resources, thereby increasing rather than alleviating poverty.

The WTO's rules and institutional structure reflect a vision of the world that has changed little since the aftermath of World War II. At that time, Western governments established the WTO's predecessor, the General Agreement on Tariffs and Trade (GATT), as well as the World Bank and the International Monetary Fund (IMF). Since then, the global economy has expanded exponentially. Its environmental impacts have grown so large that human activities now have discernible effects on the global climate.

Most of the developing world has achieved political independence from the imperial powers of Europe, the United States and the former Soviet Union. Aspirations and movements for democracy and human rights are now pervasive. Yet the WTO continues to operate according to a "business as usual" post-World War II paradigm.

Irresponsibly, it continues to operate on the theory that the use of non-renewable natural resources can expand infinitely. WTO policies fail to acknowledge that the planetary ecosystem imposes fixed limits on the amount of resources human beings can consume and the amount of waste they can generate without creating irreversible environmental harm or even ecological catastrophe. WTO policies and practices also largely ignore the historical disadvantages from which the developing world suffers at the hands of many of the same countries that now dominate world trade and the WTO. This lack of regard and consideration for the needs of developing countries was at the heart of the failure to reach any agreement in Seattle.


Greenpeace action against SAGA WIND carrying Canadian rainforest wood and pulp. © Greenpeace

Despite the warnings from Seattle, the WTO also resists the democratic principles of transparency and accountability, seeking to maintain a decision-making process that is hidden from public view and closed to direct public input.

The negative consequences of this outmoded approach are magnified in that the WTO wields unprecedented power as a result of the last round of comprehensive trade negotiations, the Uruguay Round, which ended in 1994. Expanding well beyond the original tariff reduction goals of the GATT, WTO rules embrace areas not previously covered by trade policy, such as intellectual property. WTO rules are also enforced by a dispute settlement body (DSB) that provides for efficient adjudication of disputes and powerful sanctions to enforce compliance.
With this expansion of trade policy coverage and enforcement has come a series of cases in which trade rules have been used to challenge efforts by governments and civil society to address trade-related environmental, health and safety problems.

The system is out of balance:

  • The WTO's narrow pursuit of trade liberalisation is overshadowing other equally legitimate policy objectives;
  • The WTO is overreaching into areas like environmental policy-making that are rightfully the province of other institutions; and
  • Application of the WTO rules is interfering with the ability of governments to respond to citizen demands for protection against threats to environment and health.

There is an urgent need to implement Greenpeace's recommendations detailed in The Greening of Doha (see p10). WTO members should not proceed further with liberalisation of the world's markets until they have thoroughly assessed and mitigated the adverse impacts of the current trade rules on our collective ability to achieve sustainable development.

Major reform of WTO rules and procedures are urgently needed. Governments must develop new rules for an international economic system that will support political democracy, social and environmental justice and sustainable development. At least until governments have carried out these assessments and reforms, they should not expand the mandate of the WTO, and the WTO should not embark on negotiations for further liberalisation.


Finally, Greenpeace is proposing that WTO member states take the opportunity of the WTO Ministerial Conference to pressure the United States with regard to this country´s selfish rejection of the Kyoto Protocol.

We call on WTO member states to say before arriving in Doha that they will not discuss the possibility of a new round of trade liberalisation if the US does not agree to ratify the Kyoto Protocol. This Protocol is one of the key international legal instruments required to balance the expansion (globalisation) of international trade and economic law with environmental sustainability requirements.

Rejection of the Kyoto Protocol by the USA could fatally undermine this pillar of international environmental law, should it not enter into force. If it does enter into force without the USA, it would be unfair on other countries if US businesses are to obtain competitive advantage from the, in effect, subsidisation of their pollution.

It is hoped that entry into force of the Kyoto Protocol occurs by or around the World Summit on Sustainable Development in September of 2002, with the ratification by Japan, the EU, Russia and Central and East European countries. The Bonn Ministerial Agreement on the implementation of the Kyoto Protocol adopted at Part II of the Sixth Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC) on 25 July 2001, includes a legally binding compliance regime for the Kyoto Protocol which would be adopted at the first meeting of the Parties to the Protocol. However, following the adoption of the Bonn Agreement (which did not include the USA), Australia, assisted by Canada, Japan and the USA attempted to change the legally binding character of this compliance regime.

The Doha WTO Ministerial Conference and the 7th Meeting of Contracting Parties to the UNFCCC will take place back-to-back, the latter being scheduled in Marrakech, 29 October to 9 November 2001. According to plans, the Kyoto Protocol compliance regime is to be completed in Marrakech with a view to its adoption at the first meeting of the Parties to the Kyoto Protocol. But one can expect that Australia, assisted by Japan, Canada and the USA will continue to undermine the legally binding nature of the draft compliance regime of the Kyoto Protocol.


Given this context we urge WTO member states to use the opportunity of the WTO ministerial conference to:

  • State before arriving in Doha that they will not discuss the possibility of a new round of trade liberalisation if the US does not agree to ratify the Kyoto Protocol; and

Insist that the Kyoto Protocol has a legally binding compliance regime with binding penalties for non-compliance.

If the US continues to refuse to ratify the Kyoto Protocol, WTO member states who support Kyoto should also consider bringing that country before a WTO Dispute Settlement Panel. This would be perfectly appropriate and relevant, because the US position on Kyoto is providing the equivalent of a hidden subsidy for their domestic industry, inconsistent with WTO rules.
Linking the new round to the Kyoto Protocol is fair also because the transport sector - which is enhanced by international trade - is the one with currently the highest increase in CO2 emissions. The WTO therefore has a special responsibility in addressing this issue.

Want more information? Download the Safe Trade in the 21st Century report (Pdf - 559k)

Greenpeace recommendations to the World Trade Organisation

   
 
       
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