ࡱ> egd =bjbj 4Rcc533@@@@@@@@@8%A,QA@NmAmA:AAAB$DtD<MMMMMMMORLM@DBBDDMF@@AAM.FFFD@A@AMFDMFFVeL@@@)MPtz{@EpL EM<M<NLxRFR)MF@)MDDD3 ?:   Session 27: The role of the G20 in ϲʹ governance Sub theme I: The ϲʹ and the players that influence the multilateral trading system Moderator Professor Sungjoon Cho, Associate Professor of Law, Chicago-Kent College of Law Speakers Professor Dr Marion Panizzon, Assistant Professor of Law, University of Bern/World Trade Institute Professor Claire Kelly, Professor of Law, Brooklyn Law School Ms Carolyn Deere-Birkbeck, Senior Researcher, Global Economic Governance Programme, University of Oxford Ms Doaa Abdel Motaal, Counsellor, Office of the Director-General, ϲʹ Organized by World Trade Institute (WTI) and American Society of International Law (ASIL) International Economic Law Interest Group (IEcLIG) Report written by Professor Sungjoon Cho, Associate Professor of Law, Chicago-Kent College of Law (Chair), and Ms Charlotte Sieber-Gasser, Doctoral Research Fellow, World Trade Institute, University of Bern Friday, 17 September 2010 11.15-13.15 Abstract In the course of the financial crisis, the global geography of power has shifted from G8 to G20. The latter, although representing roughly two thirds of global trade, consists of relatively a small number of global players and is consequently excluding many others from decision-making on the international stage. Nevertheless, the G20 has been successful in its reaction to the financial crisis and became therewith an important new player within the international community. When highlighting how the G20 might interfere with the ϲʹ, the panel voiced concerns over the political legitimacy of the G20, given the limited number of members and the global impact of its decisions. It agreed on the impression that, although the G20 intends to extend its debates from the financial sector to world economy in general, it has so far achieved little in this direction, particularly when it comes to moving the Doha agenda forward. It therefore remains open how the G20 will evolve in the coming few years, and what mandates it will shed or adopt. So far, the G20 has complemented the ϲʹ and international financial institutions in handling the financial crisis. Yet, even if there is little evidence pointing towards a less cooperative role in the future, the desirability of a G20 commitment in ϲʹ trade negotiations has yet to be debated. The panel concluded by providing ideas on how the potential of the G20 might be used to serve global interests even better in the future. 1. Presentations by the panellists (a) Marion Panizzon, Assistant Professor of Law, World Trade Institute, University of Bern Prof.Panizzon introduced the topic by briefly outlining the history of the G20, which, during the rise of the financial crisis, was initiated by the Canadian Prime Minister, Paul Martin. MrMartin encouraged a newer and bigger council for consultation and cooperation on matters pertaining to the international financial system. Prof.Panizzon pointed out that, contrary to the G8, some member states of the G20 are major developing countries. But not all of the most important economies with reference to their GDP are members of the G20. Thus, it is doubted whether the G20 has the political legitimacy to decide upon matters which penetrate the sovereignty of other countries. Nevertheless, the G20 unites 85per cent of global gross national product (GNP), 80per cent of world trade, and two-thirds of the worlds population, and therefore enjoys legitimacy in economic terms. It may be due to its informal organization and economic weight that the G20 was quite successful in dealing with the financial crisis: it introduced efficient stimulus packages, prevented its members from raising import duties and also countered regulatory protectionism. Only in terms of fiscal protectionism is the G20s success somewhat questionable. Prof.Panizzon quickly referred to the former Bretton Woods institutions, observing that the G20 continues to steady its club mentality. Given the fast and efficient reaction to the financial crisis and the fact that the G20 has replaced the G8, it is worthwhile to think about its capability to save the Doha round of negotiations. As has happened before (with the Blair-House Agreement in 1992, which de-blocked the Uruguay-Round), a re-make of such an agreement would certainly be within the bounds of the G20s capabilities. There are two particular angles from which the G20 could tackle the Doha round: (1)services trade, which is of eminent interest to the G20 member states because their own economies are heavily based on services trade; and (2)agriculture, which could possibly de-block the Doha negotiations if a preliminary deal was struck within the G20. However, so far the focus of the G20 has rather been on its own members and on finance. Promoting the prosecution and closure of the Doha-round would, therefore, require additional interaction of the G20 with trade policy. Prof.Panizzon described three possible scenarios for future interaction of the G20 with trade policy: (1)the G20 finance ministers could invite trade ministers to decide upon a common agenda for the Doha round; (2)the G20 could continue to focus on financial issues, which are largely outside the ϲʹϒs mandate; and (3)the G20 could selectively shape trade policy on matters relevant to the financial sector, such as agreeing on disciplining subsidization of services industries by completing the General Agreement on Trade in Services (GATS) mandate on subsidies. She concluded by stating that it remains to be seen whether the G20 is ad hoc, or whether it will stay and continue to impact on future economic governance. Nevertheless, neither the G20s potential to have a positive impact on the Doha round, nor its role as an alternative institution for dispute resolution should be underestimated. (b) Claire Kelly, Professor of Law, Brooklyn Law School The financial crisis spurred a re-conceptualization of the international economic law architecture, Prof.Kelly stated. She identified the G20 as a key component of this architecture, filling a regulatory gap as an executive coordinator of a somewhat fragmented international economic law system. As the G20 demonstrated its usefulness in response to the financial crisis, there are a number of questions regarding the G20s future role as an executive coordinator, now that the financial crisis has begun to ebb away. In particular, she raised the question whether its future role may overlap and/or interfere with the ϲʹϒs role as a global trade agency. In order to find answers to this question, she looked at the three joint reports from the ϲʹ, the Organisation for Economic Co-operation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD) to the G20 on the status of trade and investment measures. All three reports focused on trade and investment flows as well as on actions taken by G20 countries. Furthermore, all three reports were cautiously optimistic; relieved that widespread protectionist responses did not take hold, but concerned that if unemployment remained high such responses would be inevitable. In particular, the reports noted problems with regulatory protectionism, voiced concern over the manner and timing of exiting the stimulus packages and emergency measures, and all three reports observed that, while most investment measures were liberalizing, some had a trade distorting impact. Based on the findings in the reports, Prof.Kelly flagged three questions: (1)Is the G20 an effective forum for moving forward on trade and investment?; (2)Are emerging economies better represented in the G20 or in the ϲʹ?; and (3)How can the G20 work in a complementary way with the ϲʹ? The very fact that the G20 dealt with the financial crisis shows that there is at least room for collaboration in trade and investment. However, this does not necessarily undermine the role of the ϲʹ, even though there are good arguments on both sides for whether or not the G20 might be a good place to pursue trade negotiations. The G20, in addition to the ϲʹ, has the power to put pressure on its members to stave off protectionism. Furthermore, the G20 might be able to push for broader issues such as climate change, or stalled issues such as agriculture in the ϲʹ. Finally, the G20 has the ability to coordinate the work of a number of institutions, including the ϲʹ. Thus, she found that there is certainly a role to be played by the G20, while there is still enough on the global agenda to be dealt with within the ϲʹ. In reference to the representation of emerging economies, Prof.Kelly pointed out that the reports reveal emerging economies as a driving engine in most upward trends. Furthermore, even though the use of coalitions in the ϲʹ has ameliorated the representation of developing countries, the new geography of power of the G20 (China, India, Turkey, Brazil, etc.) might better facilitate strategic coalition. She concluded by highlighting several ways for the G20 and the ϲʹ to collaborate in a complementary way, such as benchmarks set by the G20 and monitored by the ϲʹ or capacity building by the G20 under the Aid-for-Trade umbrella. (c) Carolyn Deere-Birkbeck, Senior Researcher, Global Economic Governance Programme, University of Oxford The G20 is not the first informal dialogue forum, and will probably not be the last, MsDeere-Birkbeck said. The informal organization of the G20 could be an exciting alternative to more rigid and tedious international organizations. However, the fact that the representation in the G20 is quite random, and that some concerned countries are excluded from decision-making processes, renders the replacement of existing decision-making processes by the G20 undesirable. She urged the G20 not to attack other more transparent and more democratic institutional decision-making processes (such as the ϲʹ), but instead to use its capacity to encourage political collaboration among global institutions and to shape global agenda-setting by giving developing countries a voice. Nevertheless, she pointed out that the success of the G20 also revealed a few weaknesses in the ϲʹ. Why, she asked, is the ϲʹ not saying more about development and environment? Would it not be more desirable to have these concerns taken care of by the ϲʹ than by the G20? The success of the G20 also showed that dynamic ad hoc fora are sometimes more effective than long formal debates. MsDeere-Birkbeck, thus, raises the question of whether and how the ϲʹ can step up to these organizational deficiencies. However, she concluded by venturing the prediction that, despite its success, the G20 will not become the primary form of international collaboration. (d) Doaa Abdel Motaal, Counsellor, Office of the Director-General, ϲʹ Although the G20 defines itself as the premiere forum for global international economic collaboration, MsAbdel Motaal does not see much evidence of successfully targeting issues other than finance. The G20 has not yet achieved concrete measures in the area of the ϲʹ mandate, and current intentions to broaden its agenda have yet to materialize. Thus, she is not yet convinced of the G20s capacity to show leadership in international trade policy, but would generally welcome such leadership as the latter would complement the ϲʹ. Furthermore, she pointed out that the ϲʹ became central to the G20 because of the magnitude of the financial crisis, which was not to be fought without the help of the ϲʹ. Also, it was the ϲʹ that initiated the reports to the G20 on the status of trade and investment measures, which are now done in collaboration with several other international organizations. She noted that there prevails a considerable amount of confusion about the members of the G20, and about its decision-making process. She attributed this fact to the extent of the ongoing transformation the G20 is currently going through. On a separate note, MsAbdel Motaal added that the fact that least-developed countries (LDCs) have a voice in the G20 is not merely the achievement of the G20, but the reflection of a new power balance which was initiated a long time ago. 2. Questions and comments by the audience The following discussion mainly centred on the future agenda of the G20, the impact of the G20 on the ϲʹ, and a possible formalization of the G20. It was brought up that, even though the G20 consists of relatively a small group of countries, it might not be able to act so fast because it unites 80per cent of world economic interests at one table. Thus, the actual decision-making process within the G20 might not differ much from that within the ϲʹ. Furthermore, it was emphasized that the advantage of flexibility of networks like the G20 comes at the cost of hardening the soft law and increasing the regulatory divide. 3. Conclusions and way forward In their concluding remarks, the panellists agreed that it remains to be seen whether or not the G20 will further broaden its agenda. Given the ebbing away of the financial crisis, there is even the question whether the G20 will remain an important international forum for financial collaboration, or whether it has already served its purpose and will eventually disappear from the international stage. The Chair concluded the well attended and lively panel by voicing the hope that the two international bodies the G20 and the ϲʹ will work together in a positive way in the future and face the challenges and opportunities in their collaboration to the benefit of everyone.      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