Can competition and trade policy be reconciled?

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• WTO Rights Obligations
• Africas Strategic Application of
• the GOLDEN RULE
• dcrosby_at_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 Intl Law

• Application in treaties
• Diplomatic relations
• International trade

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The GOLDEN RULE Intl 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

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• WTO Rights Obligations
• Africas Strategic Application of
• the GOLDEN RULE
• dcrosby_at_whitecase.com

Mombasa 2 November 2006